New Hampshire

New Hampshire Dept of Education - Homeschooling

193:1 Duty of Parent; Compulsory Attendance by Pupil. –
    I. A parent of any child at least 6 years of age and under 16 years of age shall cause such child to attend the public school to which the child is assigned in the child's resident district. Such child shall attend full time when such school is in session unless:
       (a) The child is attending a public school outside the district to which the child is assigned or an approved private school for the same time;
       (b) The child is receiving home education; or
       (c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of the parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student's educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under RSA 186-C:18 and equitable education grants under RSA 198:41.
    II. A child who reaches the sixth birthday after September 30 shall not be required to attend school under the provisions of this section until the following school year.
    III. In this section, ""parent'' means a parent, guardian, or person having legal custody of a child.
    IV. Any child at least 16 years of age and under 18 years of age who wishes to terminate such child's public or nonpublic education prior to graduating from high school shall do so only after a conference with the principal, or designee. The principal shall request a conference with the parent, guardian, or other custodian. Written approval of withdrawal must be received from such child's parent, guardian, or other person residing in the state and having custody or charge of such child. The written approval shall be dated and the signature witnessed by the principal of the school where the child is in attendance, or the principal's designee.

Source. 1903, 13:1. 1911, 139:1. 1917, 52:1. 1919, 84:1. 1921, 85, III:1. PL 118:1. RL 137:1. 1949, 92:1. 1953, 223:1. RSA 193:1. 1985, 47:1. 1990, 279:1. 1994, 121:1, eff. Jan. 1, 1995. 1996, 157:1, eff. May 31, 1996. 1997, 183:1, eff. Jan. 1, 1998. 1999, 17:42, eff. April 29, 1999; 39:1, eff. July 10, 1999. 2005, 257:15, eff. July 1, 2005 at 12:02 a.m.

193:1-c Access to Public School Programs by Nonpublic or Home Educated Pupils. –
    I. Nonpublic 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 adopt a policy regulating participation in curricular courses and cocurricular programs, provided that such policy shall not be more restrictive for non-public 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.
    II. Nothing in this section shall be construed to require a parent to establish a home education program which exceeds the requirements of RSA 193:1.

Source. 2002, 202:1, eff. July 14, 2002.

193:4-a Tuition Liability; Dual Enrollment. – Any district shall be liable for the tuition of any child who as a resident of the district has been assigned to attend public school in another district in accordance with an approved dual enrollment plan; such payment shall be made as provided in RSA 193:4.

Source. 1971, 273:1. 1973, 501:4, eff. June 30, 1973.

ED 315.08  REVIEW OF EVALUATION RESULTS. 

(a) The participating agency shall review the evaluation to establish that:

      (1) The evaluation meets the requirements of Ed 315.07(a)-(h); and

      (2) The results state that educational progress has or has not been demonstrated.

 (b) If any of the requirements of Ed 315.07 (a)-(h) are not met by the evaluation, the participating agency shall return by certified mail with return receipt the evaluation to the parent within 10 business days along with a letter describing the information required to comply with the Ed 315.07 (a)-(h).

(c) If the home education program had been operating under probation pursuant to Ed 315.09 , the participating agency shall proceed pursuant to Ed 315.09(e)-(g) below.

(d) If educational progress has been demonstrated the participating agency shall so notify the parent in writing within 21 calendar days. A program which has been placed on probation pursuant to Ed 315.09 shall be released from probation. 

 (e) If educational progress has not been demonstrated, the participating agency shall comply with Ed 315.09.

(f) If no evaluation has been received by the participating agency by July 15, the participating agency shall comply with Ed 315.09 unless:

      (1) The participating agency receives, by July 15, an explanation in writing from the parent that the evaluation has been performed, there is a delay in the transmission of evaluation results, and the results will be transmitted to the department as soon as they are available; or

      (2) The parent and the participating agency reach an agreement in writing explaining how the parent will arrange for an evaluation that meets the requirements of RSA 193-A:6 and Ed 315.07(a)-(f) that will be completed by August 15, with its results transmitted to the department as soon as they are available.

ED 315.09  PROBATION. 

(a) If pursuant to Ed 315.07 educational progress has not been demonstrated, the participating agency shall so notify the parent in writing.

 (b) The participating agency shall state the reasons for which the program has been placed on probation in accordance with RSA 193-A :6 , III. It shall also state what conditions, if any, shall be met to release the program from probation in less than a year.

(c) The parent may choose to comply with the conditions for release of the program from probation. If these conditions are met, the program shall be released from probation.

(d) If the parent chooses not to comply or the conditions for release of the program for probation are not met, the probational status shall continue.

(e) The parent shall provide for the annual evaluation pursuant to Ed 315.07 while the program is under probation. After the parent has provided such evaluation, and if educational progress has been demonstrated, the participating agency shall so notify the parent in writing within 21 calendar days. A program which had been placed on probation pursuant to Ed 315.09 shall be released from probation.

(f) If the evaluation does not meet the requirements of Ed 315.07 and those outlined in RSA 193-A :6 , the participating agency shall notify the commissioner, and the commissioner shall schedule a hearing pursuant to Ed 315.17 and RSA 193-A:7, III and IV unless the home education program is voluntarily terminated by the parent pursuant to Ed 315.04(i).

(g) If no evaluation has taken place by July 15 of the probationary year, the participating agency shall notify the commissioner, and the commissioner shall schedule a hearing pursuant to Ed 315.17 and RSA 193-A:7, III and IV, unless the home education is voluntarily terminated by the parent pursuant to Ed 315.04(i). The program shall be terminated if the child has not demonstrated educational progress based on age and ability as provided in RSA 193-A :6 , III.