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1/16/2009 2:21:54 PM
Home School Legal Defense Association
New Hampshire: Most Serious Threat to Homeschool Freedom in New Hampshire

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From the HSLDA E-lert Service...
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New Hampshire: Most Serious Threat
to Homeschool Freedom in New Hampshire

Dear New Hampshire Members and Friends:

Last month we informed you about two legislative proposals submitted
by Representative Judith Day to change New Hampshire's Homeschool Law.
The text of H.B. 367 and H.B. 368 are now available at our website at
http://www.hslda.org/elink.asp?id=5986 .

These proposed laws represent the most serious legislative threat ever
faced by New Hampshire homeschoolers.

HSLDA is creating a detailed analysis of these laws to assist New
Hampshire homeschoolers in defeating this dangerous legislative
proposal. In the meantime, we wanted you to be aware of these bills
so that you could read them yourself and prepare to take necessary
action. HSLDA is coordinating with New Hampshire homeschool leaders
to develop an effective strategy for defeating this legislation.

H.B. 367 would drastically change the current evaluation and
assessment section (New Hampshire RSA 193-A:6) of New Hampshire
homeschool law, creating new and unnecessary burdens on both
homeschoolers and participating agencies.

H.B. 367 would require a "credentialed educator" to review the
portfolio of records (as defined in 193-A:6, I) for each student every
year. The "credentialed educator" would submit their report to the
superintendent or nonpublic school principal. The bill would require
that a standardized test be administered by a "credentialed educator"
every year (specifically not the parent) and submitted to the
superintendent or nonpublic school principal for review. The bill
would allow a superintendent or nonpublic school principal to use his
or her own judgment to determine whether or not a student made
satisfactory "academic growth" over the course of the year. If, in
the subjective opinion of the superintendent or nonpublic school
principal, the student did not make satisfactory progress, a
remediation plan must be developed. If, after one year, the
superintendent or nonpublic school principal decides that the student
is still not making adequate progress he may, at his own discretion,
terminate the homeschool program. An appeal is possible if a
homeschool program is terminated.

H.B. 368 would require New Hampshire homeschoolers to affirm that they
will comply with the law and requires participating agencies to
provide New Hampshire homeschoolers a copy of the laws and regulations
as well as other materials the participating agency thinks might be of
benefit to homeschoolers. This change is unnecessary and redundant.
New Hampshire homeschoolers are quite capable of understanding the law
and determining whether they would like to request resources from a
participating agency.

Neither the HEAC nor the homeschool study commission created by S.B.
337 recommended any changes to New Hampshire's homeschool law.
Nevertheless, and despite the absence of any credible evidence
suggesting a need for changes, Representative Day appears determined
to push for unnecessary, unwarranted and dangerous changes to a law
which has worked well, and with only minor changes, since it was
created in 1990.

ACTION REQUESTED

No action is requested at this time. To read the proposed legislation
go to http://www.hslda.org/elink.asp?id=5986 . HSLDA will be posting
detailed analysis in the coming days and will inform your of when
hearings are being held and how you can assist in defeating this
dangerous legislation.

I look forward to working with you and all New Hampshire homeschoolers
to defend your freedom and rights as parents to direct the education
of your children without government interference.


In your service,

Michael P. Donnelly, Esq.
Staff Attorney

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