Adopted by the
Effective
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) “Child” means “child” as defined in RSA 193-A:1, I.
(b) “Commissioner” means commissioner of education.
(c) “Composite results,” as referred to in RSA 193:A-6 II(b), means
(d) “Correspondence school” means a
distance learning, web based, or other similar program of instruction.
(e) “Department” means the
(f) “Educational progress” means growth in learning
commensurate with age and ability within the child’s individual home education
program that is described in Ed 315.04.
(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 between 6 and 16 years of age including an “educationally
disabled child” as defined under RSA 186-C:2, I,
provided that the definition of “educationally disabled child” as defined under
RSA 186-C:2, I, for the purposes of Ed 315, shall be applicable only to
children between 6 and 16 years of age.
Ed
315.04 Notification.
(a) On or before the date a home education program will
begin, a parent desiring to initiate a home education program shall so advise
the participating agency with which the program shall be established by
providing only the information listed below:
(1) The date on which the program will begin;
(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.
(b)
A participating agency or school district shall not require information in
addition to the information required under (a) above.
(c)
No later than 30 calendar days after the date on which a program begins a
parent shall provide the following information to the participating agency in
compliance with RSA 193-A:5, I:
(1) A list of the subjects
to be taught each child in accordance with RSA 193-A:4,
I;
(2) The name of an
established correspondence school used, if any;
(3) The name of an
established commercial curriculum provider used, if any;
(4) A table of contents or
other material which outlines the scope and instructional sequence for each
subject, or both; and
(5) A list of textbooks or
other instructional materials used.
(d) When
a parent supplies information to a participating agency under (c)(1) above, the participating agency shall not require:
(1) Assignment to a grade
level for a child; or
(2) That the hours and
dates of operation of a home education program coincide with the resident
district calendar.
(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 notify 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 in writing within
15 calendar days of termination the appropriate agencies as listed below:
(1) If a program was
established with the resident district superintendent, the parent shall notify
the resident district superintendent and the commissioner;
(2) If a program was
established with the commissioner, the parent shall notify the commissioner and
the resident district superintendent; and
(3) If a program was
established with a nonpublic school principal, the parent shall notify the
nonpublic school principal, the commissioner and the resident district
superintendent.
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(a),(c) and (e)
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(a),(c) and (e) 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(a),(c) and (e),
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(a),(c) and (e);
(2) If the notification
complies with Ed 315.04(a),(c) and (e) the
resident district superintendent, commissioner, or nonpublic school principal
shall send a letter acknowledging the establishment of the home education
program within 21 calendar days of receipt of such notification;
(3) If any of the
requirements of Ed 315.04(a),(c) and (e) 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 5 business days along with a letter describing the information
required to comply with Ed 315.04(a),(c) and (e);
(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(a),(c)
and (e) the resident district superintendent, commissioner, or nonpublic
school principal shall immediately send a letter acknowledging the
establishment of the home education program;
(6) If an amended notification
does not meet the requirements of Ed 315.04(a),(c)
and (e), the resident district superintendent, commissioner, or
nonpublic school principal shall immediately send a letter 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 amended notification meets the requirements of RSA 193-A:4, I and RSA 193-A:5, II, the commissioner shall
acknowledge the establishment of the home education program;
(9) If the commissioner
determines that the amended notification does not meet the requirements of RSA
193-A:4, I and RSA 193-A:5, II, the commissioner shall
notify the parent that she/he is considering withholding acknowledgment;
(10)
The commissioner shall then notify the parent that the parent may request the
initiation of a grievance conference with the grievance committee of the home
education advisory council under the provisions of Ed 315.10;
(11)
The parent shall have 10 calendar days to request the grievance conference and
shall do so in writing to the commissioner;
(12)
After considering the findings of the grievance committee the commissioner
shall:
a. Acknowledge the establishment of the home education program
if it meets the requirements of RSA 193-A:4, I and RSA
193-A:5, II; or
b. Withhold acknowledgment if the program does not meet the
requirements of RSA 193-A:4, I and RSA 193-A:5, II, thereby denying the
establishment of a home education program, and immediately schedule a due
process hearing pursuant to the provisions of RSA 193-A:7, III and of Ed 315.17;
and
(13)
If the parent does not request a grievance conference in writing within 10
calendar days, the commissioner shall withhold acknowledgment and immediately
schedule a due process hearing pursuant to the provisions of RSA 193-A:7,III
and of Ed 315.17.
(f) Prior to acknowledgment of notification
, if the commissioner has written and substantiated information which
strongly implies that a home education program will not meet the requirements
of RSA 193-A:4, I and RSA 193-A:5, II and intends to withhold acknowledgement,
the commissioner shall immediately schedule a due process hearing as provided
in RSA 193-A:7, III.
(g) If, after acknowledgment of notification has been made,
the commissioner has written and substantiated information which would justify
an order of termination as pursuant to RSA 193-A:5, I, the commissioner shall
immediately schedule a due process hearing pursuant to the provisions of RSA
193-A:7, III and Ed 315.17.
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.
(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 shall
provide evaluation services at the resident district superintendent’s
discretion. 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 may 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. 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.
(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)-(h); 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)-(h) 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)-(h).
(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 315.09shall 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 will be transmitted to the department as
soon as they are available; or
(2) The parent and the
participating agency reach an agreement in writing explaining how the parent
will arrange for an evaluation that meets the requirements of RSA 193-A:6 and
Ed 315.07(a)-(f) that will be completed by August 15, with its results
transmitted to the department 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
315.07and those outlined in RSA 193-A:6, the participating agency shall notify the commissioner,
and the commissioner shall schedule a hearing pursuant to Ed 315.17 and RSA 193-A:7, III and IV 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 schedule a hearing pursuant to Ed 315.17 and RSA
193-A:7, III and IV, 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 and
Term of Appointment.
(a) Membership selection shall be as specified in RSA 193-A:10, I, and all members shall be appointed by the
commissioner.
(b) The commissioner shall appoint all members to 3-year
terms.
(c) Terms of appointment as provided in (a) above shall end
on June 30 of the year in which the term is completed. 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) If a due process hearing is required under these rules
and pursuant to RSA 193-A:7, III, the commissioner shall immediately schedule a
due process hearing with an impartial hearing officer in accordance with RSA
193-A:7-8 and Ed 200, unless otherwise provided in this section.
(b) As provided in RSA 193-A:7,
III, the hearing officer shall begin the hearing process by issuing an order of
notice within 10 calendar days of the request for a hearing. The parties to the hearing shall include, at
a minimum, the child or parent, or both and, as applicable, the resident
district superintendent, nonpublic school principal, or the commissioner.
(c) The order of notice shall be sent to the parties to the
hearing by certified mail, return receipt requested, no later than 20 calendar
days prior to the first day of oral hearings.
(d) 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 shown in the
order of notice but in no case shall the continuance be granted for more than
15 calendar days. 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.
(e) 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/him if the interests of justice will be served
by such action.
(f) 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 each other of the character of the evidence to be presented
at the hearing. Such notice shall state whether or not new evidence, the same
evidence, or legal argument will be presented at the hearing.
(g) In accordance with RSA 193-A:7, I, in order to be
granted acknowledgment of notification, the parent at such hearing shall
establish by a preponderance of evidence, and the hearing officer shall so
find, that both the parent and home education program comply with RSA 193-A:4, I
and RSA 193-A:5, II.
(h) For an order of termination to be issued for a program
which has been acknowledged, the resident district superintendent, nonpublic
school principal or the commissioner shall have the burden of proof that the
parent or the home education program has substantially failed to or cannot
provide the child with the minimum course of study as required by RSA 193-A:4, I.
(i) The hearing officer shall render a decision within 10
calendar days pursuant to the provisions of RSA 193-A:8.
The decision shall list the pertinent facts found by the hearing officer. The
decision shall take effect immediately unless an appeal is made pursuant to Ed
315.17. 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 Appeal of Decision.
In accordance with RSA 193-A:8, II the parent or the
commissioner may appeal the decision of the hearing officer to a court of
competent jurisdiction within 30 calendar days of the decision. Pending appeal,
the home education program shall continue.