193-A:4 Parental Right to Home Education; Independence of Home Education, Program Schedule, Privacy, and Termination of Program. –
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.
Source. 1990, 279:3. 2006, 13:1, eff. May 12, 2006. 2022, 131:2, eff. June 2, 2022. 2026, 297:3, eff. July 1, 2026.