[Michael Faiella, a homeschooling father of three, served on the New Hampshire Home Education Advisory Council from 1990 to 2006. He is NOT an attorney and this should NOT be considered legal advice. For legal advice, get in touch with the Home School Legal Defense Association at http:/www.hslda.org/ or (540) 338-5600.]

Please Note: RSA 193-a, New Hampshire's homeschooling law, changed in May, 2006. Homeschoolers are no longer required to submit curriculum information as part of notification. See below.

In New Hampshire, homeschooling law covers children who are six years old before September 30 until the child's sixteenth birthday. In order to homeschool in NH, parents need to:

1. Choose a "participating agency",
2. Notify this agency of the intent to homeschool a child,
3. Keep a portfolio of the child's work and
4. Get an evaluation done and send it in to the agency

Now for the fine print.

Choosing a Participating Agency

The agency may be the NH Commissioner of Education, the local superintendent of schools, or a nonpublic school that will agree to act in that capacity. The Commissioner is probably a poor choice, since the NH Department of Education would like as few homeschoolers as possible to use them as a participating agency. They have enough other things to do. Most homeschoolers use the local superintendent, which usually works out quite well. You may want to consider the third option, however, one that our family thinks is the best choice: a Christian school.

Why choose a nonpublic school? Chances are that administrators at a Christian school are going to be more in tune with your own way of thinking. They may be more understanding of your desire to homeschool and your reasons for homeschooling. They may be more sympathetic with your curriculum choices, and if problems arise in your program they may be more willing to work out a solution.

The downside is that not every Christian school is willing to act as a participating agency, they usually charge for their services, and some require more information from homeschoolers than a public agency is allowed to demand. To find a Christian school which will work with you, ask other homeschoolers where they go, or call the NH Department of Education for a list of nonpublic schools which act as participating agencies.

Notification

Once you have chosen a participating agency, within 30 days of the start of the program, send in a letter of notification stating your plans to homeschool your child, as well as:

1. The name and address of the child,
2. The child's date of birth,
3. The name and address of the parents, and
4. A phone number where the parents can be reached during the day.

A good idea is to have that notification letter in before school starts in your town, or right away if you are withdrawing your child from a public school. A second choice would be to inform the district by phone that you are homeschooling your child if you take the child out of school. Even though by law you have 30 days to send in your letter of intent after you start homeschooling, the local school district is required to enforce RSA 193:1, the compulsory attendance law, and if administrators do not know why your child is out of school they may pursue truancy or educational neglect investigations. Sending in the notification letter "return receipt requested" could help you prove that you have complied with the law.

The participating agency must acknowledge receipt of your notification within 14 days. This acknowledgment letter is important. It demonstrates your compliance with the compulsory attendance law. You might want to consider keeping this letter, or a copy of it handy and visible, should authorities come inquiring why your children were seen at the supermarket with you during school hours.

Portfolio

During the school year homeschoolers are required to keep a portfolio, which is a collection of samples of the child's work as well as a log of reading materials. Homeschoolers are required to keep this log for two years, so don't throw it away. This portfolio is the property of the parents, who are not required to show it to anyone except a teacher evaluator - if that option has been chosen. If your participating agency demands or requests to see it, you have a right to refuse.

Evaluation

Homeschooled children in New Hampshire need to demonstrate "educational progress commensurate with age and ability." There are three evaluation options. One is to have the child's progress evaluated by a certified teacher or by a teacher teaching in a nonpublic school. A second option is to have the child take a "nationally recognized" standardized test. A third choice is any "mutually agreed upon method."

Although a public school is required to provide a teacher evaluation if you demand it, and although you can demand to be included in testing at the school, you may want to think long and hard about pursuing evaluation that way. Homeschoolers usually find it a good investment to pay for an independent teacher evaluation or a standardized test and then send it in to the participating agency. To find a teacher, get a recommendation from other homeschoolers.

The teacher evaluatuion is based on a teacher's review of the child's portfolio and a conversation with you or your child. It should include:

1. The date of evaluation,
2. The teacher's name and address,
3. Documentation of the teacher's certification, or the name and address of the teacher's non-public school,
4. A description of work reviewed,
5. A summary of the child's progress as related to notification,
6. A statement whether the child has made educational progress, and
7. The signatures of teacher and parent.

If you do not sign the evaluation, it is not considered valid. Make sure that you - and not the teacher - submit it to your participating agency.

Another evaluation option is any standardized state or national test. State tests are geared to the public school curriculum, so they are probably not a good choice for most of us. National tests are usually more appropriate. Again, get recommendations from other homeschoolers. Some of these tests can be administered by the parent - it depends on what the publisher says.

Homeschoolers are required to submit only the composite result, not the entire battery of scores. The child must achieve a composite score of at least the 40th percentile for this evaluation to be considered successsful. Not all testing services automatically send you the composite score. If they don't, call and ask them for the composite score, if possible, in writing. The composite score is not necessarily the average of all scores. When you submit test results to your Participating Agency you need to include:

1. The name of test,
2. The date it was administered,
3. The name and address of test administrator
4. The composite result and
5. Your signature

Here, too, the evaluation is not valid without your signature.

A third evaluation option is the "mutually agreed upon method". This kind of agreement should be made in advance in writing and should be signed by the parent and the agency. This option lets you and the agency decide what is the most appropriate method. This choice is rare, but can be useful in certain situations.

Whatever method you choose, plan ahead so that you will have time for a second evaluation if your first doesn't work out. For example, if your child was feeling unwell on test day he/she might not achieve the 40th percentile, even though his/her ability is far beyond that. What can you do in that situation? If there is enough time, you can get a teacher evaluation that would more accurately measure your child's progress. Evaluations are due July 1st, followed by a two-week grace period.

Probation

If you do not submit an evaluation, or if your child's evaluation is unsuccessful, the homeschooling program is put on probation. There is no special supervision during probation. The program is removed from probation if the child receives a successful evaluation the following year. The participating agency may, at its discretion, choose to remove probation earlier if an evaluation or a new evaluation is submitted after the deadline.

If you disagree with a decision to put your program on probation, you can request a grievance conference at the Department of Education. If you fail to provide a successsful evaluation for two consecutive years, the Commissioner will order a Due Process Hearing and you may be ordered to send your child to school.

Miscellaneous Issues

Homeschooled children may participate in public school activities in the local school district no matter who the participating agency is.

School districts are not required to provide special education services to homeschooled children, though they may choose to do so. They are only obligated to provide an assessment & evaluation.

In New Hampshire parents do not have to have children immunized. Parents can seek a religious exemption, which is routinely granted. Immunization information does not have to be submitted to the school district unless the child participates in school activities.

Public School students as well as any homeschooled children who participate in school activities are assigned a SASID, a State Assigned Student Identifier. The NH Department of Education says, "Each student who must be tracked by a public school system will be issued a student identifier. Every student receiving public school services in NH will receive and retain a state assigned student identifier (SASID) used throughout his/her K-12 public education in NH This number will remain with them at least until age 21." At present, homeschooled children who do not participate in public school activities are assigned a SASID.

If you have any question about the issues raised in this article, please feel free to get in touch with me. If you think you may need some help in dealing with a participating agency, contact the CHENH members of the Home Education Advisory Council:

• Michael Compitello 603-472-3423
• Michael Benik 603-756-3108