How will SB 18 and HB 99 affect homeschoolers?

by Chris Hamilton, NHHC representative to the Home Education Advisory Council

SB18, which raises the age of compulsory attendance, doesn't take effect until July 1, 2009. Parents whose children turn 16 before the start of school in 2007 will not be affected. For those who have children 15 and younger this fall (and therefore 17 and younger at the start of the school year in 2009):
 

• Parents will be required to comply with the compulsory attendance law until their child reaches age 18. This includes children who turn 16 before the law takes effect, but do not  turn 18 until after the law takes effect. Between the time the child turns 16 and the time the law takes effect, there is no requirement for parents of 16- and 17-yos to comply with the compulsory attendance law.
   
• Parents who wish to homeschool will be required to submit letters of intent and provide evaluations until their child reaches age 18. This will include students who turned 16 before the law took effect, and whose parents may have chosen to stop creating home education programs. While a student is covered by a home education program, for purposes of the child labor law s/he is considered to be "duly enrolled in school", so 16- and 17-year-olds who are homeschooled will be subject to additional provisions of child labor laws:
  • NH RSA 276-A:4 VI. No youth 16 or 17 years of age who is duly enrolled in school shall be permitted to work more than 6 consecutive days or more than 30 hours during the school calendar week, which shall be Sunday through Saturday.
  • NH RSA 276-A:4 VII. No youth 16 or 17 years of age who is duly enrolled in school shall work for more than 6 consecutive days or 48 hours in any one week during school vacations, including summer vacation. For purposes of this paragraph, ""summer vacation'' means June 1 through Labor Day.
  • NH Administrative Rule  Lab 1001.03 "Duly enrolled in school" as used in RSA 276-A4, VI and VII, means any one of the following:...(c) The minor is currently being home-schooled by a parent or guardian in a program authorized by the New Hampshire department of education pursuant to RSA 193-A for the purpose of receiving a diploma.
• Homeschooled students of any age will have the ability to certify (process unknown) to the NH Department of Education that they have completed a high school program, and their parents will not be required to meet compulsory attendance requirements (no requirement to submit letter of intent). The process will likely be decided by the NH Board of Education, with input from the Home Education Advisory Council and other sources.
• Parents of students of any age who obtain a high school diploma from their local school district will not be required to meet compulsory attendance requirements. There is no such provision for students who obtain a high school diploma from a charter school, an out-of state high school, a non-public school, or a distance-learning program.
   
• Parents of students of any age who get a GED will not be required to meet compulsory attendance requirements. However, students are not currently elegible to take the GED in NH until they are 18, or 16 with permission from their local district superintendent.
   
• Parents of students of any age who are accepted into an accredited postsecondary education program will not be required to meet compulsory attendance requirements.
• All students over age 16 and their parents will have the ability to submit an "alternative learning plan" to the local superintendent for APPROVAL. The definition of "alternative learning plan" will likely be decided by the NH Board of Education.

HB99, which takes effect January 1, 2008, requires 16- and 17-yos who have not yet obtained a high school diploma or GED to get permission from their parents in order to work. There is no limitation on who issues the diploma, however it does not encompass the case where a homeschooled student certifies completion of a high school program, or the case where a student is enrolled in a postsecondary education program without also obtaining a high school diploma.