Paul Ingbretson (R-Haverhill) has introduced a Legislative Service Request (LSR) which proposes to change the compulsory attendance law (RSA 193:1), and eliminate the home school law (RSA 193:A).  A public discussion of the initiative has been underway for sometime at http://groups.yahoo.com/group/legalizehomeschooling/, a Yahoo discussion group.  One strident promoter argues anonymously on the blog spot http://nhparentsfirst.blogspot.com/ for the bill and provides documentation along with some misleading commentary.  Still, this bill has merit in principle and the blog is a good read. 

The language of the Ingbretson bill was reportedly based on State of Connecticut statute¹. in stating the parent’s duty to instruct. The child is not requied to attend the public school if he/she is“otherwise instructed by the parent”.  Here, unlike CT where the law lists specific subjects to be taught and where the State of CT guidelines require parents submit to portfolio evaluations or testing by the public school or they are to be considered truant,   the Ingbretson language is not specific about what constitutes instruction.  This would likely be taken up by the courts.  The language of this bill also falls short of fundamentally stating the principle of parents’ rights, best characterized by the more far reaching initiative to put parents first, namely The Parents Rights Amendment to the US Constitution² www.parentalrights.org.  The proposed amendment states parents’ rights as fundamental, prohibiting infringement by any government, domestic or foreign.   

Over the last 19 years CheNH  has worked with members,  local support groups and with HSLDA to oppose regulation of home schools with some measure of success.  It is worth noting that today in NH parents may satisfy the requirements of the law without any contact with the local public school superintendent.   Because parents can choose one of several explicit measures and report to one of many different overseers, most parents do not find the current law burdensome in practice.  CheNH appoints two members to the Home Education Advisory Council, the group of experts that advise the Dept of Education on home school matters. Since the law was enacted the council has overseen a hand full of probation cases, and we are not aware of a single involuntary termination of a home school program. No doubt many homeschoolers would welcome zero regulation, yet some still prefer a well defined, black and white set of requirements so it is clear when they are in compliance.  With that in mind in a left-leaning, regulation crazed legislative climate, some parents think is best to leave things alone lest by drawing attention to us lawmakers make things worse.

1. Connecticut Statute, Sec. 10-184. Duties of parents. School attendance age requirements. All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments. Subject to the provisions of this section and section 10-15c, each parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools. The parent or person having control of a child sixteen or seventeen years of age may consent, as provided in this section, to such child's withdrawal from school. Such parent or person shall personally appear at the school district office and sign a withdrawal form. The school district shall provide such parent or person with information on the educational options available in the school system and in the community. The parent or person having control of a child five years of age shall have the option of not sending the child to school until the child is six years of age and the parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. The parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The school district shall provide the parent or person with information on the educational opportunities available in the school system.

2. Amendment proposed by ParentalRights.org
   SECTION 1
   The liberty of parents to direct the upbringing and education of their children is a fundamental right.

SECTION 2 
Neither the United States nor any State shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION 3
No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.