October 5, 2005
Attempt to Crush Private School Option Fails
The New Hampshire Department of Education (NHDE) failed in its most recent attempt to prevent homeschool families from using the private school option.
In 1998, Our Lady of Good Counsel Academy (OLGCA) asked the NHDE for approval as a private school. The NHDE was initially skeptical because they knew that OLGCA was a woman teaching her own children in her own home. HSLDA attorney Scott Somerville, however, persuaded them that state law and regulations allow a homeschool family to operate a state-approved private school. Therefore, OLGCA was approved.
Approval was renewed uneventfully in 2001. In 2004, however, NHDE denied OLGCA's request for renewal. They refused to be candid about their reasons for denial, and their explanations sounded suspiciously like pretexts.
When phone calls and letters failed to persuade NHDE to follow the law, HSLDA attorney Scott Woodruff filed a formal grievance. At the hearing before the grievance committee of the New Hampshire Non-Public School Advisory Council, representatives of the NHDE finally were candid about their reason for denial: the family was homeschooling. Despite Woodruff's vigorous explanation that the law permits a homeschool family to operate as a private school, the grievance committee sided with the NHDE. OLGCA appealed.
At the September 20 appeal hearing, HSLDA attorney Darren Jones presented overwhelming evidence that OLGCA had done all the law requires for renewal of approval. The hearing officer agreed. When he issued his written recommendation in OLGCA's favor a few days later, he noted that the NHDE had approved the school twice before, and nothing had changed since then to justify denial.
Although the hearing officer recommended that the NHDE renew OLGCA's approval, the State Board of Education makes the final decision. Please pray that when the Board votes on November 9, it will follow the law, accept the hearing officer's recommendation, and keep this important option open for homeschool families.
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