Bill Text - HB545 (2012)

(New Title) relative to the administrative rulemaking process governing home educated pupils.


Revision: Jan. 6, 2012, midnight

HB 545 – AS AMENDED BY THE HOUSE

4Jan2012… 2716h

2011 SESSION

11-0013

04/09

HOUSE BILL 545

AN ACT relative to the administrative rulemaking process governing home educated pupils.

SPONSORS: Rep. Bates, Rock 4; Rep. Garcia, Rock 4; Rep. Ingbretson, Graf 5; Rep. Boehm, Hills 27; Rep. J. Richardson, Merr 8; Sen. Carson, Dist 14; Sen. Groen, Dist 6

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Revises the notification and rulemaking procedures for home educated pupils by giving the home education advisory council final approval authority over proposed rules.

II. Makes the legislative members of the home education advisory council nonvoting members of the council.

III. Prohibits a school district official from proposing, adopting, or enforcing any policy or procedure relative to home educated pupils that is inconsistent with or more restrictive than the provisions of the home education statute.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Jan2012… 2716h

11-0013

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the administrative rulemaking process governing home educated pupils.

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

1 Home Education; Statement of Purpose. 1990, 279:2 is repealed and reenacted to read as follows:

279:2 Statement of Purpose. It is the natural and fundamental right and duty of parents to determine and direct the education of their children. The general court acknowledges that the primary and natural educator of a child is the family, and the general court respects the inalienable right and duty of parents to provide for the education of their children. Parents shall be free to provide this education in the manner and at the location of their choosing including their homes or in private schools or in schools recognized or established by their resident school district or by the state.

2 Home Education; Rulemaking. RSA 193-A:3 is repealed and reenacted to read as follows:

193-A:3 Rulemaking. The state board of education shall propose rules, pursuant to RSA 541-A, relative to the administration of the home education program under this chapter to the home education advisory council established in RSA 193-A:10. Before establishing the text of the final proposal for rules pursuant to RSA 541-A:12, the state board of education shall submit the proposed rules to the home education advisory council for approval. No rules proposed by the state board relative to the administration of this chapter shall take effect without the approval of the home education advisory council.

3 Home Education; Notification and Other Procedural Requirements. Amend RSA 193-A:5, I to read as follows:

I. [(a)] 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 the department of education, resident district superintendent, or principal of a nonpublic school of such within 5 business days of commencing the program.

[(b) A parent planning to continue a home education program shall notify the commissioner of education, resident district superintendent, or principal of a nonpublic school by the first school day according to the school calendar in the child's resident school district.]

4 Home Education; Home Education Advisory Council. Amend RSA 193-A:10, I(a)-(b) to read as follows:

(a) Two members of the house of representatives from the house education committee, appointed by the speaker of the house of representatives, who shall be nonvoting members.

(b) One member of the senate from the senate education committee, appointed by the president of the senate, who shall be a nonvoting member.

5 New Section; Home Education; Authority of School District Officials. Amend RSA 193-A by inserting after section 10 the following new section:

193-A:11 Authority of School District Officials. No superintendent, school board, school principal, or other school district official shall propose, adopt, or enforce any policy or procedure governing home educated pupils that is inconsistent with or more restrictive than the provisions of this chapter and any rules adopted pursuant to RSA 193-A:3.

6 Effective Date. This act shall take effect 60 days after its passage.