15Mar2022... 1028h







AN ACT relative to requirements for home education students.


SPONSORS: Rep. Layon, Rock. 6; Rep. Rice, Hills. 37; Rep. Moffett, Merr. 9; Rep. Nunez, Hills. 37; Rep. A. Lekas, Hills. 37; Rep. Notter, Hills. 21; Rep. Cordelli, Carr. 4


COMMITTEE: Education






The bill clarifies provisions for home education programs concerning notifications required for students moving to a new district, educational evaluations, and termination of home education.


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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 1028h 22-2543





In the Year of Our Lord Two Thousand Twenty Two


AN ACT relative to requirements for home education students.


Be it Enacted by the Senate and House of Representatives in General Court convened:


131:1  Access to Public School Programs by Nonpublic, Public Chartered Schools, or Home Educated Pupils.  Amend RSA 193:1-c, I to read as follows:

I. Nonpublic, public chartered school, or home educated pupils shall have access to curricular courses and cocurricular programs offered by the school district in which the pupil resides. The local school board [may] shall adopt a policy regulating participation in curricular courses and cocurricular programs, provided that such policy shall not be more restrictive for non-public, public chartered school, or home educated pupils than the policy governing the school district's resident pupils. In this section, "cocurricular" shall include those activities which are designed to supplement and enrich regular academic programs of study, provide opportunities for social development, and encourage participation in clubs, athletics, performing groups, and service to school and community. For purposes of allowing access as described in this section, a "home educated pupil" shall not include any pupil who has graduated from a high school level program of home education, or its equivalent, or has attained the age of 21.

131:2  Home Education Defined.  Amend RSA 193-A:4, I to read as follows:

I. Instruction shall be deemed home education if it consists of instruction in science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music. Home education shall be provided, coordinated, or directed by a parent for his or her own child[, unless the provider is as otherwise agreed upon by the appropriate parties named in paragraph II].

131:3  Home Education Program; Notifications.  Amend RSA 193-A:5, III to read as follows:

III. Written notice of termination of a home education program shall be filed by the parent with the commissioner of education, [and, in addition,] the resident district superintendent, or the nonpublic school principal within 15 days of said termination.  

131:4  New Paragraph; Home Education; Notifications.  Amend RSA 193-A:5 by inserting after paragraph IV the following new paragraph:

V.  Any parent who previously notified the resident district superintendent of a home education program who moves from said district shall notify the original resident district superintendent that the child has moved from the district and shall provide notification pursuant to paragraph I.

131:5  Home Education; Records; Educational Evaluation.  Amend RSA 193-A:6 to read as follows:

193-A:6  Records; Evaluation.

I.  The parent shall maintain a portfolio of records and materials relative to the home education program.  The portfolio shall consist of a log which designates by title the reading materials used, and also samples of writings, worksheets, workbooks, or creative materials used or developed by the child.  Such portfolio, which at all times remains the property of the parent, shall be preserved [by the parent] for 2 years from the date of the ending of the instruction.

II.  The parent shall provide for an annual educational evaluation in which is documented the child's demonstration of educational progress at a level commensurate with the child's age [and], ability, and/or disability.  The child shall be deemed to have successfully completed [his] an annual evaluation upon meeting the requirements of any one of the following:

(a)  A certified teacher or a teacher currently teaching in a nonpublic school who is selected by the parent shall evaluate the child's educational progress upon review of the portfolio and discussion with the parent or child;

(b)  The child shall take any national student achievement test, administered by a person who meets the qualifications established by the provider or publisher of the test[.  Composite results at or above the fortieth percentile on such tests shall be deemed reasonable academic proficiency];

(c)  The child shall take a state student assessment test used by the resident district[. Composite results at or above the fortieth percentile on such state test shall be deemed reasonable academic proficiency]; or

(d)  The child shall be evaluated using any other valid measurement tool mutually agreed upon by the parent and the commissioner of education, resident district superintendent, or nonpublic school principal.

131:6  Effective Date.

I.  Section 1 of this act shall take effect 90 days after its passage.

II.  The remainder of this act shall take effect upon its passage.


Approved: June 02, 2022

Effective Date:

I.  Section 1 effective August 31, 2022

II. Remainder effective June 2, 2022