HB 131 – AS INTRODUCED
2007 SESSION
04/03
HOUSE BILL 131
AN ACT revising the role of the commissioner of the department of education in the approval of home education programs.
This bill revises the role of the commissioner of the department of education in the home education approval and review process.
This bill is a request of the department of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0491
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT revising the role of the commissioner of the department of education in the approval of home education programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Home Education; Defined. Amend RSA 193-A:4, II to read as follows:
II. The [department of education,] resident district superintendent[,] or [a] nonpublic school principal shall work with parents upon request in meeting the requirements of this section.
2 Home Education; Notification. Amend RSA 193-A:5 to read as follows:
193-A:5 Notification and Other Procedural Requirements. A parent may provide home education to a child or children at home, subject to the following requirements:
I. Any parent commencing a home education program for a child, for a child who withdraws from a public school, or for a child who moves into a school district shall notify the [commissioner of education,] resident district superintendent[,] or principal of a nonpublic school of such within 30 days.
II. Notification made by the parent pursuant to paragraph I shall include a list of the names, addresses, and birth dates of all children who are participating in the home education program.
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 nonpublic school principal within 15 days of said termination.
IV. Subject to the provisions of RSA 193-A:7, the [commissioner of education,] resident district superintendent[,] or nonpublic school principal shall acknowledge receipt of notification within 14 days of such receipt.
3 Home Education; Records. Amend RSA 193-A:6, II-III to read as follows:
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. The child shall be deemed to have successfully completed his or her 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. The teacher shall submit a written evaluation to the [commissioner of education,] resident district superintendent[,] or nonpublic school principal;
(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. Such test results shall be reported to the [commissioner of education,] resident district superintendent[,] or nonpublic school principal;
(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. Such test results shall be reported to the [commissioner of education, the] resident district superintendent[,] or nonpublic school principal; 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. The results shall be reported by the parent or the testing agency to such appropriate official.
III. The [commissioner of education,] resident district superintendent[,] or nonpublic school principal shall review the results of the annual educational evaluation of the child in a home education program as provided in paragraph II. If the child does not demonstrate educational progress for age and ability at a level commensurate with his or her ability, the [commissioner,] superintendent[,] or principal shall notify the parent, in writing, that such progress has not been achieved. The parent shall have one year from the date of receipt of the written notification to provide remedial instruction to the child. At the end of the one-year probationary period, the child shall be reevaluated in a manner as provided in this section. Continuation in a home education program shall be contingent upon the child demonstrating at the end of the probationary period educational progress commensurate with his or her age and ability. The parent of a child who fails to demonstrate such progress at the end of the probationary period shall be notified by the commissioner that the parent is entitled to a hearing as provided in RSA 193-A:7, I and II and that the program will be terminated absent a finding for continuation pursuant to such hearing. Upon a finding that the program should be terminated, the child shall be reported by the commissioner [or nonpublic school principal] to the appropriate resident district superintendent, who shall, if necessary, take appropriate action to ensure that compulsory attendance requirements are met.
4 Effective Date. This act shall take effect 60 days after its passage.