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Part Ed 315


Adopted Rule 5-16-2012
Effective 5-18-2012

PART Ed 315 PROCEDURES FOR THE OPERATION OF HOME EDUCATION PROGRAMS

Ed 315.01 Statement of Purpose. The purpose of these rules is to provide standards applicable to home education programs. These rules take into account the fact that home education is an alternative to attendance at a public or private school and is an individualized form of instruction in accordance with chapter 279:2, laws of 1990.

Ed 315.02 Definitions.

(a) “Certificate” means a letter signed by the parent of a home schooled child as defined below in Ed315.02(b) that meets the requirements of 193:1 I (f)(2).

(b) “Child” means “child” as defined in RSA 193-A:1, I.

(c) “Commissioner” means commissioner of education.

(d) “Composite results,” as referred to in RSA 193-A:6, II(b), means one score that is provided by the publisher of the standardized test, or the average of all such scores that have been provided by the publisher of the standardized test.

(e) “Department” means the New Hampshire department of education.

(f) “Educational progress” means growth in learning commensurate with age and ability within the child’s individual home education program chosen by the parent.

(g) “Nonpublic school” means “nonpublic school” as defined in RSA 193-A:1, II.

(h) “Parent” means “parent” as defined in RSA 193-A:1, III.

(i) “Participating agency” means the resident district superintendent,
the commissioner, or a nonpublic school principal.

(j) “Resident district” means “resident district” as defined in RSA 193-A:1, IV.

(k) “Teacher” means a teacher who holds N.H. certification, is certified in another state which is a party to the interstate contract, or is currently teaching in a nonpublic school.

Ed 315.03 Eligibility. A parent shall be eligible under these rules to establish a home education program for a child at least 6 and under 18 years of age including those defined under RSA 186-C:2, I, and I-a.

Ed 315.04 Notification.

(a) Pursuant to RSA 193:1,I(b), home education shall be an alternative to compulsory attendance at a public school. Dates and hours of instruction shall not be required to coincide with the resident district calendar.

(b) A parent commencing a home education program shall notify the participating agency of such within 5 business days of commencing the program. A parent continuing a home education program shall notify the participating agency of such by the first school day according to the school calendar in the child’s resident district.

(c) Only the information below shall be required in the notification:

(1) The date on which the program will begin or has begun;
(2) The name and full address, including street and town, of the child;
(3) The child's date of birth;
(4) The name and address of the parent(s); and
(5) A phone number at which the parent(s) may be reached during normal business hours.

(d) A participating agency or school district shall not require information in addition to the information required under (c) above.

(e) The participating agency shall not require notification of method or date of evaluation at this time. However, if the parent intends to use the state or local assessment provided by the resident district, the parent shall inform the resident district of his or her intent to do so at the time the information above is provided to the participating agency.

(f) The parent of a child currently enrolled in a public school in the resident district shall advise the resident district superintendent of the child’s withdrawal from attendance in public school on or before the date the home education program shall begin and shall follow all notification procedures set forth in this section.

(g) A home education program established in accordance with this section shall remain in effect until August 1 of each year unless terminated in accordance with (i) below or Ed 315.17. If a program is transferred because of a change in resident district for the child or by choice of the parent, the program shall continue until August 1 under the new participating agency.

(h) The following shall apply to transfer of home education programs:

(1) If the child moves and the parent wishes to continue a program which was established with the former resident district superintendent as the participating agency and selects the new resident district superintendent as the new participating agency, the parent shall so inform both superintendents in writing;

(2) In any other case, both the participating agency with which the program was established and the new participating agency shall be informed in writing by the parent; and

(3) In either (1) or (2) above, upon notification in writing by the parent of a change in participating agencies, the former participating agency shall transfer all pertinent records for the current year to the new participating agency.

(i) A parent wishing to voluntarily terminate an established home education program shall notify the commissioner and the participating agency in writing within 15 business days of satisfying any one of the alternatives for compulsory attendance listed in RSA 193:1 such as enrollment in a public or non-public school.

Ed 315.05 Duties of Participating Agencies and Parents.

(a) A resident district superintendent on receipt of a notification as described in Ed 315.04(b),(e) and (g) shall comply with paragraph (e), below. The resident district superintendent shall assist the parent making such notification in complying with RSA 193-A:6. No fee shall be collected for this service.

(b) The commissioner on receipt of a notification as described in Ed 315.04(b),(e) and (g) shall comply with paragraph (e), below. The commissioner shall assist the parent making such notification in complying with RSA 193-A:6. No fee shall be collected for this service.

(c) Participation in home education programs shall be optional for nonpublic schools. A nonpublic school principal who agrees to participate in an individual home education program shall, on receipt of a notification as described in Ed 315.04(b),(e) and (g), comply with paragraph (e), below. The nonpublic school principal shall assist the parent making such notification in complying with RSA 193-A:6. The nonpublic school may charge a fee for this service.

(d) Resident district superintendents or nonpublic school principals as participating agencies shall maintain a list of all home education programs for which they have received notification. This list shall contain the name, date of birth and address of each child for whom a home education program is established. On October 1 of each year, the participating agency shall notify the commissioner of the number of children for whom programs were established.

(e) Once the notification is filed, the following shall apply:

(1) The resident district superintendent, commissioner or nonpublic school principal shall review the notification for compliance with Ed 315.04(b),(e) and (g);

(2) If the notification complies with Ed 315.04(b),(e) and (g) the resident district superintendent, commissioner, or nonpublic school principal shall send a letter acknowledging the establishment of the home education program within 14 calendar days of receipt of such notification;

(3) If any of the requirements of Ed 315.04(b),(e) and (g) are not met by the notification, the resident district superintendent, commissioner, or nonpublic school principal shall return by certified mail with return receipt the notification to the parent within 10 business days of receipt of the notification along with a letter describing the information required to comply with Ed 315.04(b),(e) and (g);

(4) The parent shall have 10 calendar days from receipt of the returned letter to send an amended notification to the resident district superintendent, commissioner, or nonpublic school principal;

(5) If an amended notification meets the requirements of Ed 315.04(b),(e) and (g) the resident district superintendent, commissioner, or nonpublic school principal shall send a letter within 10 business days of receipt of the amended notification acknowledging that the notification now meets the requirements of RSA 193-A:5, II;

(6) If an amended notification does not meet the requirements of Ed 315.04(b),(e) and (g), the resident district superintendent, commissioner, or nonpublic school principal shall send a letter within 10 business days of receipt of the amended notification explaining the deficiencies;

(7) The resident district superintendent or nonpublic school principal shall forward a copy of the original notification, the amended notification, and the letter explaining the deficiencies to the commissioner;

(8) If the commissioner determines that the notification meets the requirements of RSA 193-A:5, II, the commissioner shall acknowledge such in writing within 10 business days of receipt of the documents from the resident district superintendent or non-public school principal;

(9) If the commissioner determines that the amended notification does not meet the requirements of RSA 193-A:5, II, the commissioner shall notify the parent that she/he is withholding acknowledgment;

(10) The commissioner shall notify the parent or parents in writing within 10 business days of receipt of the documents from the resident district superintendent or non-public school principal of the following options:

a. The parent or parents may request a grievance conference with a grievance committee of the home education advisory council under the provisions of Ed 315.15; or

b. The parent or parents may request a due process hearing pursuant to RSA 193-A:7 and Ed 315.17

(11) The parent or parents shall have 10 calendar days from receipt of the letter from the commissioner to request either a grievance conference or a due process hearing and shall do so in writing to the commissioner;

(12) If a grievance conference was requested and held, after considering the findings of the grievance committee the commissioner shall:

a. Acknowledge in writing within 10 business days that the notification of the home education program meets the requirements of RSA 193-A:5, II; or

b. Withhold acknowledgment if the program does not meet the requirements of RSA 193-A:5, II, and within 10 business days notify the parent or parents in writing of the right to request a due process hearing within 10 calendar days pursuant to the provisions of RSA 193-A:7 and of Ed 315.17;

(13) If a due process hearing was requested and held, after considering the findings of the due process hearing the commissioner shall:

a. Acknowledge in writing within 10 business days that the notification of the home education program meets the requirements RSA 193-A:5, II; or

b. Withhold acknowledgment if the program does not meet the requirements of RSA 193-A:5, II, and notify the parent or parents within 10 business days of the right to appeal to a court of competent jurisdiction; and

(14) If the parent does not request a grievance conference or due process hearing in writing within 10 calendar days, or if neither takes place after a request is made, the commissioner shall withhold acknowledgment and notify the parent or parents in writing that he or she is withholding acknowledgment.

Ed 315.06 Records.

(a) In accordance with RSA 193-A:6, the parent shall keep a portfolio each year the child is being home educated. The portfolio shall contain the child’s work pursuant to RSA 193-A:6, I.

(b) The portfolio shall be the property of the parent. Access to the portfolio shall be at the parent’s discretion, except as provided in RSA 193-A:6, II(a).

(c) Participating agencies shall maintain documents concerning home education programs in a manner consistent with other educational records.

Ed 315.07 Annual Evaluation.

(a) The parent shall provide for an annual evaluation for a child. Any evaluation submitted to a participating agency shall be signed by the parent acknowledging acceptance of its use to meet the requirements of RSA 193-A:6, II and this section. No evaluation shall be used by the participating agency as an annual evaluation unless signed by the parent.

(b) The parent may choose a teacher who agrees to perform evaluation services, or the parent may request the evaluation to be performed through the resident district superintendent when the resident district superintendent is acting as the participating agency. The resident district superintendent, when acting as the participating agency, shall provide evaluation services, upon request of the parent. If the resident district superintendent is not acting as the participating agency, the resident district superintendent may provide evaluation services. No fee shall be required when evaluation services are performed by a resident district.

(c) The written evaluation shall include the following:

(1) The name and address of the teacher, including state recognized documentation of certification or the name and address of the nonpublic school in which the teacher is currently teaching;

(2) The date(s) on which the evaluation(s) took place;

(3) A description of the work reviewed including quantitative data if available;

(4) A summary of the child’s educational progress in the home education program as presented in the notification, concluding with a statement that the child has or has not made educational progress; and

(5) The signatures of the teacher and the parent.

(d) A copy of the evaluation may be retained by the teacher.

(e) The parent may choose a standardized test which shall be a nationally recognized test, a state assessment instrument, or a test used in the child’s resident district. The parent shall report the results of the test to the participating agency and shall include the name of the test and the name and address of the test administrator. A composite result at or above the 40th percentile on such tests shall be deemed reasonable academic proficiency.

(f) The parent may choose any other valid measurement tool mutually agreed upon by the parent and the participating agency provided that:

(1) The agreement shall be made in writing and signed by the parent and the participating agency; and

(2) A valid measurement tool as provided for in RSA 193-A:6, II(d), may include but shall not be limited to the following:

a. Interview;

b. Educational progress in a particular curriculum as measured by the parent;

c. Educational progress in a particular curriculum as measured by the provider;

d. Review of the child’s portfolio by a participating agency;

e. Evaluation by a teacher in a program recognized by any state department of education; or

f. Specially prepared tests or evaluations measuring educational progress in a particular subject or curriculum.

(g) The evaluation shall be submitted annually on or before July 1 for the current school year and shall meet the requirements of RSA 193-A:6, II.

(h) If the evaluation has not been received by the participating agency on or before July 1, the participating agency shall notify the parent in writing that, unless the evaluation is received by July 15, the program shall be placed on probation for the following year in accordance with Ed 315.09.

Ed 315.08 Review of Evaluation Results.

(a) The participating agency shall review the evaluation to establish that:

(1) The evaluation meets the requirements of Ed 315.07(a)-(f); and

(2) The results state that educational progress has or has not been demonstrated.

(b) If any of the requirements of Ed 315.07 (a)-(f) are not met by the evaluation, the participating agency shall return by certified mail with return receipt the evaluation to the parent within 10 business days along with a letter describing the information required to comply with the Ed 315.07 (a)-(f).

(c) If the home education program had been operating under probation pursuant to Ed 315.09, the participating agency shall proceed pursuant to Ed 315.09(e)-(g) below.

(d) If educational progress has been demonstrated the participating agency shall so notify the parent in writing within 21 calendar days. A program which has been placed on probation pursuant to Ed 315.09 shall be released from probation.

(e) If educational progress has not been demonstrated, the participating agency shall comply with Ed 315.09.

(f) If no evaluation has been received by the participating agency by July 15, the participating agency shall comply with Ed 315.09 unless:

(1) The participating agency receives, by July 15, an explanation in writing from the parent that the evaluation has been performed, there is a delay in the transmission of evaluation results, and the results shall be transmitted to the participating agency as soon as they are available; or

(2) The parent and the participating agency reach an agreement in writing explaining how the parent shall arrange for an evaluation that meets the requirements of RSA 193-A:6 and Ed 315.07(a)-(f) that shall be completed by August 15, with its results transmitted to the participating agency as soon as they are available.

Ed 315.09 Probation.

(a) If pursuant to Ed 315.07 educational progress has not been demonstrated, the participating agency shall so notify the parent in writing.

(b) The participating agency shall state the reasons for which the program has been placed on probation in accordance with RSA 193-A:6, III. It shall also state what conditions, if any, shall be met to release the program from probation in less than a year.

(c) The parent may choose to comply with the conditions for release of the program from probation. If these conditions are met, the program shall be released from probation.

(d) If the parent chooses not to comply or the conditions for release of the program for probation are not met, the probational status shall continue.

(e) The parent shall provide for the annual evaluation pursuant to Ed 315.07 while the program is under probation. After the parent has provided such evaluation, and if educational progress has been demonstrated, the participating agency shall so notify the parent in writing within 21 calendar days. A program which had been placed on probation pursuant to Ed 315.09 shall be released from probation.

(f) If the evaluation does not meet the requirements of Ed 315.07 and those outlined in RSA 193-A:6, the participating agency shall notify the commissioner, and the commissioner shall notify the parent(s) of the right to a hearing, pursuant to Ed 315.17 and RSA 193-A:7, or a grievance conference, unless the home education program is voluntarily terminated by the parent pursuant to Ed 315.04 (i).

(g) If no evaluation has taken place by July 15 of the probationary year, the participating agency shall notify the commissioner, and the commissioner shall notify the parent(s) of the right to a hearing pursuant to Ed 315.17 and RSA 193-A:7, or a grievance conference, unless the home education is voluntarily terminated by the parent pursuant to Ed 315.04 (i). The program shall be terminated if the child has not demonstrated educational progress based on age and ability as provided in RSA 193-A:6, III.

Ed 315.10 The Home Education Advisory Council.

(a) The home education advisory council shall carry out those duties assigned to it by the commissioner. The council shall work with home educators and representatives of private and public education to encourage an understanding of home education.

(b) Assigned areas of responsibility for the council shall include the following:

(1) Developing and maintaining effective communications between home educators and those public, and nonpublic schools and state and local agencies involved in home education;

(2) Recommending to the commissioner and state board of education desired changes in rules pertaining to home education;

(3) Establishing a grievance committee to hear grievances referred to it by the commissioner; and

(4) Providing an annual report to the state board on its activities.

Ed 315.11 Membership Selection For the Home Education Advisory Council and Term of Appointment.

(a) Membership selection for the Home Education Advisory Council shall be as specified in RSA 193-A:10, I. Council chair selection shall be as specified in RSA 193-A:10, III.

(b) Members appointed by the commissioner shall have a term of 3 years, and such terms shall end on June 30 of the year in which the term is completed. Legislative members shall serve a term which is coterminous with their elected office.

(c) The conduct of business shall not depend on the maintenance of full council membership.

(d) In the event of vacancies, replacement members shall be appointed as required under RSA 193-A:10 to fill the unexpired term.

Ed 315.12 Records of the Advisory Council. The records and minutes of the home education advisory council shall be filed and maintained in the department.

Ed 315.13 Funding and Support of Council Activities. The members of the home education advisory council shall serve without compensation. Subject to available funds, the department shall financially support the activities of the council, including but not limited to such expenses as mileage, secretarial assistance, and meeting facilities.

Ed 315.14 Grievance Committee.
(a) The grievance committee shall be a subcommittee of the home education advisory council appointed by the chairperson, consisting of no more than 5 members, a majority of whom shall be representatives of home education associations. One member of the grievance committee shall be appointed by the chairperson to preside at grievance conferences.

(b) The grievance committee shall hear all grievances referred to it by the commissioner.

(c) The grievance committee shall call upon consultants and conduct interviews for the purpose of gathering relevant facts if the committee lacks relevant expertise. The grievance committee shall keep a written account of its investigations and shall submit such an account, together with its findings, to the commissioner within 30 calendar days of the commissioner’s referral.

Ed 315.15 Request for Grievance Conference.
(a) Any party to a home education program may request a grievance conference as follows:

(1) Such request shall be in writing to the commissioner;

(2) The request shall state in detail the reasons for the request for a grievance conference and name the parties involved;

(3) The commissioner shall notify the requestor within 5 business days in writing that he/she has scheduled a grievance conference in accordance with Ed 315.16 or that he/she requires additional information to clarify the issues;

(4) The requestor shall have 10 calendar days from receipt of the commissioner’s request for additional information to respond with the requested information; and

(5) The commissioner shall, upon receipt of the requested information, forward the request to the chairperson of the home education advisory committee who shall schedule a grievance conference in accordance with Ed 315.16(b).

Ed 315.16 Grievance Conference.

(a) Upon receipt of a request pursuant to Ed 315.05(e)(10) or concerning an action taken under these rules, the commissioner shall notify the chairperson of the home education advisory council of the request for a grievance conference, and the grievance conference shall then proceed in accordance with this section.

(b) Within 5 business days of the commissioner’s notification of a request for a grievance conference, the chairperson shall schedule the conference with the parties to the grievance.

(c) At the conference, each party shall be prepared to consider:

(1) The simplification of the issues and an agreement of facts;
(2) Possibility of settlement; and
(3) Such other matters as may aid in disposition of the action.

(d) Parties to a grievance may be represented at the conference by counsel.

(e) At the grievance conference the grievance committee shall interview the parties to the grievance to reach a proposed settlement on the facts of the grievance.

(f) The grievance committee shall present its findings on unresolved grievances or report on the proposed settlement reached by the parties to the commissioner within 10 calendar days of the conference.

(g) Any settlement reached at a grievance conference shall be subject to review by the commissioner and shall not be implemented unless it is consistent with these rules and with applicable statutes.

(h) The findings shall list the pertinent facts found by the committee.

(i) If the parties do not reach a settlement prior to, or during, the grievance conference, the commissioner shall notify the parties of her/his decision on unresolved grievances within 10 calendar days of receipt of the committee’s findings.

Ed 315.17 Due Process Hearing Procedure.

(a) A party requesting a due process hearing shall notify in writing the office of legislation and hearings. The office of legislation and hearings shall schedule a due process hearing with an impartial hearing officer in accordance with RSA 193-A:7.
(b) All communication with the department of education’s office of legislation and hearings shall be in writing and mailed to the office at:

The New Hampshire Department of Education
Office of Legislation and Hearings
101 Pleasant Street
Concord, NH 03301

(c) The parties to the hearing shall include, at a minimum, the parent or parents, any student who is 18 years or older, and, the participating agency.

(d) Pursuant to RSA 193-A:7, I, notice of such hearing shall be provided within 10 calendar days of the request for such hearing, shall include a brief summary of the material facts, and shall be sent to each parent and each instructor of the child known to the commissioner at the time by certified mail. The hearing shall occur within 30 calendar days of the date of such notice. Upon request, the hearing officer shall conduct the hearing at a location near the site of the home education program.

(e) Upon agreement of the parties or upon good cause shown, including but not limited to illness, accident or death of a family member, the hearing officer shall continue the hearing and reschedule it for a date later than that specified in the notice, provided that the right of parties and intervenors to a timely resolution of the dispute is not significantly affected in an adverse manner. Notice of the continuance shall be made in writing to all parties except that, if the continuance is granted less than 3 business days before the scheduled hearing date, notice shall be made by telephone followed by notice in writing.

(f) Any party, who has been served notice in accordance with this chapter, who fails to appear and who fails to obtain a continuance from the hearing officer prior to the scheduled time of the hearing, shall have a decision rendered against her or him if the interests of justice will be served by such action.

(g) Within a reasonable time, but in any event no less than 5 business days before the hearing, the parties shall give notice to the hearing officer and all opposing parties regarding the character of the evidence to be presented at the hearing.

(h) In accordance with RSA 193 A:7, for an order of termination to be issued, the participating agency shall have the burden of proof that the parent or the home education program has failed to comply with the requirements of RSA 193-A:5, II or has failed to provide the child with the minimum course of study as required by RSA 193-A:4, I.

(i) The hearing officer shall enter an order within 10 calendar days pursuant to RSA 193-A:8. The decision of the hearing officer shall list the pertinent facts found by the hearing officer. The decision shall take effect immediately unless, pursuant to RSA 193-A:8, an appeal is made to a court of competent jurisdiction within 30 calendar days of when the order is entered, at which time, the home education program shall continue pending appeal. A copy of the decision shall be mailed by certified mail, return receipt requested, to all parties named in the order of notice.

Ed 315.18 Certificate of Completion
(a) When the parent submits a letter to the department of education certifying that the child has completed the home school program at the high school level, pursuant to RSA 193:1,I(f)(2,) the student shall be determined to have met the requirements for successful completion of a home school program for a child under 18 years of age.
(b) The letter containing the statement above shall also include the following information:

(1) Name and address of the child;

(2) Name and address of the parents;

(3) Date of completion of the home school program;

(4) A phone number at which the parent may be reached during normal business hours; and

(5) Signature of the parent.

(c) A letter that meets all the requirements of Ed 315.18 (a) shall be conclusive evidence of:

(1) Completion of the parent’s duty of compulsory attendance, as set forth in RSA 193:1; and

(2) Acknowledgment of the responsibilities outlined in RSA 193-A:9.

(d) Documentation of receipt shall serve as proof of delivery of such certification.


New Hampshire Department of Education
101 Pleasant Street | Concord, NH | 03301-3494
Telephone: (603) 271-3494 | TDD Access: Relay NH 711