LEGAL/LEGISLATIVE UPDATES
ACROSS THE STATES

NEW HAMPSHIRE

Superintendent apologizes

After providing their required homeschool notification to a private school, a New Ipswich-area Home School Legal Defense Association member family was surprised to receive two phone calls from the local public school asking for information about their children.

HSLDA wrote New Ipswich Assistant Superintendent Carolann Wais, reminding her that a public school has no responsibility to follow-up on or keep track of homeschool students if they are providing notification through a private school.

Wais indicated there had been a misunderstanding in her office regarding the responsibility for tracking homeschool programs. She assured us that this misunderstanding had been rectified, and she apologized to the family for any discomfort they may have experienced.

We appreciate the assistant superintendent's prompt response to this situation.

— Scott W. Somerville

Winnacunnet punts discriminatory policy

In August, a Winnacunnet-area Home School Legal Defense Association member family asked permission for their child to participate on one of the school's athletic teams. Winnacunnet School District denied the request, saying that district policy required students on sports teams to be "full-time" enrolled, but only two homeschool courses could count toward the four courses required for full-time status.

On September 23, HSLDA faxed a letter to the chairman of the Winnacunnet School Board explaining that this policy was unlawful. House Bill 631, a new state law enacted during the last legislative session, expands the right of homeschool families to have access to academic and non-academic activities. H.B. 631 also prohibits school systems from adopting a policy toward homeschoolers that would be more restrictive than the policy governing its own students in the same classes or activities.

Winnacunnet's policy clearly placed more restrictions on homeschoolers than on its own students. It also appeared to violate the right of homeschool families to the equal protection of laws as guaranteed under the U.S. Constitution and appeared to violate New Hampshire Revised Statutes Annotated §193:1-c-II which prohibits any government agency from using the access statute to impose requirements on homeschool families in excess of what is required under the homeschool statute.

To foster a relationship of goodwill and mutual respect, HSLDA requested that the school board comply with the law.

To her credit, Winnacunnet High School Principal Ruth Leveille wrote the family the very next day: "You are welcome to have access to all co-curricular programs at Winnacunnet High School."

The following day, the school board gave initial approval to a comprehensive home education policy, eliminating the discriminatory restriction that only two homeschool classes could count toward full-time enrollment. We expect final passage of this policy to follow in short order, and we appreciate Winnacunnet's prompt action.

— Scott W. Somerville