From the HSLDA E-lert Service:


9/16/2011 4:42:12 PM
Home School Legal Defense Association
New Hampshire: Please read--Subcommittee Needs to Hear From You

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!


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

Representative Kathleen Lauer-Rago
Phone: (603) 934-8223

Representative Barbara Shaw
Phone: (603) 626-4681

Representative Joseph Pitre
Phone: (603) 755-2447

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

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