Chapter 193-A: Home Education

I. "Certificate of completion" means an optional document signed by the parent of a home educated child certifying that the child has completed a home education program.

II. "Child" means a child or children at least 6 years of age and under 18 years of age who is a resident of New Hampshire.

III. "Optional declaration of home education" means an optional written statement that the student is home educated and meets the New Hampshire compulsory attendance requirements, signed by a parent which identifies a home educated student by name, date of birth, and current address.

IV. "Home educated student" means a student receiving an education provided, coordinated, or directed by a parent for his or her own child. This definition shall not include a student participating in the education freedom account program established in RSA 194-F.

V. "Parent" means a parent, guardian, or person having legal custody of a child.

VI. "Resident district" means the school district in which the child resides.

The general court recognizes that the right of a parent to direct the education of their child is a natural right. A parent may elect to educate his or her own child at home in accordance with this chapter.

A declaration of home education shall not be required, except to obtain access to public school programs pursuant to RSA 193:1-c or upon withdrawal from a public school.

I. A parent shall have the right to establish a home education program for his or her own child, regardless of ability, disability, developmental status, or educational needs.

II. The resident district superintendent shall work with parents upon request in meeting the goals of their home education program. No superintendent, school board, school principal, other school district official, local official, or state official shall propose, adopt, or enforce any policy or procedure governing home educated students except for policies related to the courses and programs described in RSA 193:1-c.

III. Dates and hours of instruction shall not be required to coincide with the resident district calendar. The academic term of a home education program shall not be required to coincide with the resident district academic year.

IV. Except in the circumstance where a student is included in the resident district's average daily membership in attendance or ADMA pursuant to RSA 198:38 or by participating in the statewide assessment, the home educated child shall not:

(a) Have their data tracked through the statewide longitudinal data system (SLDS) as defined by RSA 189:65; or

(b) Have their student information collected pursuant to RSA 193-E:5.

V. Participation in a home education program pursuant to this chapter shall be presumed as education required by law. Therefore in proceedings under RSA 169-C the state shall not:

(a) Use such participation as evidence of, or as a basis for finding, failure to provide education as required by law;

(b) Consider such participation in a home education program as a negative factor in assessing the adequacy of meeting a child's education needs; and

(c) Use the lack of notice, records, evaluations, or assessments in a home education program operated consistent with this chapter as a failure to provide education as required by law.

VI. Any information submitted to any state agency, school district, or government entity regarding a home education program shall be confidential and shall not be disclosed to any other state agency, federal agency, or third party without the written consent of the parent. Such disclosure by a government employee acting in an official capacity, shall constitute a violation of RSA 91-A:8, IV.

VII. A home education program is terminated when a home educated student is enrolled full time in a public school, a public charter school, a nonpublic school, or the education freedom account program established in RSA 194-F.

A parent may certify the completion of a home education program pursuant to this chapter.

I. A certificate of completion may include the following information:

(a) Name and date of birth of the child;

(b) Names of the parents;

(c) Date of completion of the home education program; and

(d) Signature of the parent.

II. If a parent submits the certificate of completion to the commissioner of the department of education, within 30 days of receipt the commissioner shall issue a certificate of completion which shall include the home education student has completed a home education program in the state of New Hampshire pursuant to RSA 193-A.

The resident school district, the board of such district, and any employees of the resident school district associated with a child who is or has been receiving home education are not liable in damages in a civil action for any injury, death or loss to person or property allegedly sustained by that child, the child's parent, or any other person as a result of the child's receipt of home education, including but not limited to, any liability allegedly based on the failure of the child to receive a free appropriate or adequate public education.