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| Date: From: Subject: | 2/7/2011 4:46:15 PM Home School Legal Defense Association New Hampshire: Clearing up the Confusion about HB 301 |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== New Hampshire: Clearing up the Confusion about HB 301 Dear HSLDA Members and Friends, I hope that you will join me in Concord tomorrow to support HB 301 at 12:30 in Representative's Hall. It has come to our attention that many of you may have received information describing HB 301 as "unconstitutional," "criminalizing homeschoolers" and "retaining the current regulatory structure," among other criticisms. We felt it important to encourage you to read the bills for yourself as well as HSLDA's memo that addresses these and other points. Here are some key points to help address some of the confusion: HB 301 does not retain the current regulatory structure; it eliminates it. HB 301 repeals the DOE's regulatory authority while HB 595 explicitly retains it. The bill's sponsor has explicitly recognized that HB 595 will allow the DOE to make rules. Today, homeschoolers are protected from arbitrary rulemaking by the Home Education Advisory Council ("HEAC") which is eliminated under both HB 301 and 595. However, without the HEAC, homeschoolers would be at the mercy of the DOE and the State Board of Education. Just last year we had to deal with this rulemaking process and a rogue proposal submitted by the DOE--under HB 595 we'd have to do it again under much less favorable circumstances. HB 301 does not criminalize homeschoolers. Although the original language of the bill did mistakenly include such language, the new amended version (available at our website) expected to be introduced to the committee tomorrow only allows for a violation. Under RSA 625:9-10, a violation is "not a crime," and a person convicted of a violation can be fined only after due process protections including a fair trial with a presumption of innocence, a burden on the state of proving the offense beyond a reasonable doubt, strong rules of evidence, and other protections of an open court. HB 301 does not require homeschoolers to "seek approval" to homeschool. HB 301's one-time notification is not a "request for approval"--it is a required administrative courtesy. HSLDA has found that homeschoolers in states with no-notice laws like Texas, New Jersey, Illinois, Indiana and others have a slightly higher risk of unwanted intrusions from government officials. It has been our experience and that of homeschoolers in states like Arizona and Nevada, who have recently transformed their laws from annual notice and assessment to one-time notice and no assessment, like HB 301, that a simple one-time notice can help reduce the incidence of such unwanted encounters. HB 301 does not require an "affirmative defense" that presumes homeschoolers are "guilty until proven innocent." Affirmative defenses are raised only at a trial. In the unlikely event that a homeschooler ever were accused of violating the law, after the state presented its case a homeschooler would be able to present the "affirmative defense" contained in HB 301. HB 301 also includes specific defenses that homeschoolers may raise at early stages in a trial to defend themselves if, in the unlikely event, they are ever accused of violating the law. In 20 years HSLDA is not aware of a single homeschooling program that has ever been terminated by the state. ACTION REQUESTED Please bring your family to Concord to support HB 301. The bill will be heard in Representative's Hall in the Capitol Building on Tuesday, February 8 at 1:00 p.m. Please plan to arrive by 12:30 to allow time to find parking, to sign the support sheets at the back of the hall and find seating. I will be in attendance and I hope to be able to greet many of you! If you would like to testify, you will need to sign one of the pink cards. While it is not necessary that you testify, you are encouraged to do so to make points in support of the legislation. You may also bring written testimony for the committee. It is anticipated that there may be some who will oppose HB 301 in favor of HB 595. To learn about these bills go to http://www.hslda.org/elink.asp?id=10215 . For tips on testifying before the New Hampshire Legislature we recommend you visit this link courtesy of the New Hampshire Liberty Alliance at http://www.hslda.org/elink.asp?id=10216 . Standing with you, Michael P. Donnelly, Esq. HSLDA Staff Attorney ---------------------------------------------------------------------- -> Is customer service an art or a science? For us, good customer service is both an art and a science -it should appeal to our members and be effective. Consider what our members say about us: The freedom HSLDA allows me to have as I homeschool is wonderful! They handle the law and I get to dedicate the time to my daughter. - National City, CA HSLDA members since 1993, our membership is just as important to us as our children's curriculum. Thank you HSLDA for all you do on our behalf! - West Valley, NY More reasons to join HSLDA... http://www.hslda.org/elink.asp?id=1941 ---------------------------------------------------------------------- ====================================================================== The HSLDA E-lert Service is a service of: Home School Legal Defense Association P.O. 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Thank you for your cooperation. ====================================================================== | |
