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| Date: From: Subject: | 9/16/2011 4:42:12 PM Home School Legal Defense Association New Hampshire: Please read--Subcommittee Needs to Hear From You |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== Subcommittee Needs to Hear From You Dear HSLDA Members and Friends, The education subcommittee tasked with making recommendations about New Hampshire's homeschool law has voted to recommend non-passage ("ITL") of HB 301 and HB 595 to the full education committee. The remaining bill which the subcommittee is considering is HB 545, sponsored by Rep. David Bates of Windham. HB 545 would simply eliminate RSA 193-A:3, which grants broad-based rule-making authority to the Department of Education, and RSA 193-A:10, which created the Home Education Advisory Council, also known as "HEAC." According to New Hampshire House of Representatives rule 44d legislation like RSA 193-A:3, which is a grant of broad rule-making authority to an executive agency, would not be permitted. HSLDA has learned, however, that the education subcommittee is considering keeping this broad-based and excessive rule-making authority. This is a mistake. The rule-making process has been used over the years to attempt to impose unnecessary and excessive regulation on the homeschooling community. These attempts have required significant defensive efforts by homeschoolers. Getting rid of such broad based excessive rule-making authority should be noncontroversial. However, the subcommittee is reportedly being told by some that this rule-making authority is desired by the homeschooling community. HSLDA's position is that New Hampshire's homeschool law is explicit and sufficiently clear on its face so that no agency rules are needed. In the presence of a clear law such as RSA 193-A, school districts do not have legal authority to impose their own homeschooling policies. Some representatives are reportedly concerned that the HEAC should not be eliminated. The HEAC has been an important constraint on the ability of the department of education to pass excessive regulation over the years, and many homeschoolers have faithfully served as members of this committee. One of the commissioner-directed missions of the HEAC has been to serve as a grievance committee. The grievance committee has been a helpful, although rarely used, interim step to resolve differences between authorities and homeschoolers prior to the calling of a due process hearing. If desired, this grievance committee could be incorporated into the law in RSA 193-A:7 and implemented as needed without having a large standing quasi-legislative commission. We are asking you to take action today to tell the sub-committee how you feel. Please take action today! ACTION REQUESTED Please contact the members of the education subcommittee and ask them to pass HB 545, which removes broad-based rule-making authority from the Department of Education over homeschoolers. Consider giving the committee members the following message in your own words: New Hampshire homeschoolers do not want broad-based rule-making authority assigned to the Department of Education over homeschooling. As written, RSA 193-A:3 would not be permitted under today's New Hampshire House of Representatives' legislative policies. Furthermore, the rule-making process has been used over the years to attempt to impose additional unnecessary regulations on homeschoolers requiring great efforts by homeschoolers to defend their rights. By getting rid of rule-making authority in the Department of Education homeschoolers can be free from this threat. New Hampshire's homeschool law is clear and explicit enough without additional bureaucracy from the Department of Education - please pass HB 545. Thank you for your important work and interest in increasing the freedom we enjoy to homeschool in the Granite State. [If desired, specific improvements to the law could be made to incorporate key provisions of the current rules, such as the grievance committee. While the HEAC has served an important purpose over the years, it may no longer be necessary if the department education no longer has broad based rule-making authority.] Contact information for members of the subcommittee is below: Representative Ralph Boehm, Subcommittee Chair Phone: (603) 860-6309 Email: Ralph.boehm@leg.state.nh.us Representative Kathleen Lauer-Rago Phone: (603) 934-8223 Email: kathyrago4nh@yahoo.com Representative Barbara Shaw Phone: (603) 626-4681 Email: beshaw3@comcast.net Representative Joseph Pitre Phone: (603) 755-2447 Email: jpitre@metrocast.net Thank you for your support of homeschooling freedom in the Granite State. It is a privilege to serve you! Michael P Donnelly, Esq. Your HSLDA attorney ---------------------------------------------------------------------- -> How many acorns can a chipmunk hold in its cheeks? 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Thank you for your cooperation. ====================================================================== | |
