Common Questions, Answered
Some bad-faith actors are attempting to use this bill to divide activists, but we’re here to set the record straight. This is one of the most pro-liberty home education bills ever introduced, and RebuildNH strongly supports it alongside the Home School Legal Defense Association.
The bill eliminates the notification requirement, the portfolio requirement, and the end-of-year evaluation requirement—removing unnecessary government oversight from homeschooling families.
Ready to support this bill? Click here to submit your testimony and register your support with the House Education committee.
This bill ends the requirement to declare a letter of intent, to maintain a portfolio, and to fulfill an end of year evaluation.
If you are withdrawing your child from public school or if you are intending to utilize public school for any purpose (for example, music, sports, or individual classes), you will need to notify the school that you are homeschooling. You will not need to notify for any other purpose.
You would no longer be required to create and maintain these things, but you may choose to do so for your own records. It would not be mandated by the government — this bill ends the mandate.
This bill creates a presumption that home education satisfies compulsory education requirements. The state may not use home education as evidence of failure to educate, a negative factor or use a lack of notice/records, evaluations as evidence of educational neglect. Additionally, RSA 189:36 I (c)- (h) states, “No home school pupil nor any person between the ages of 6 and 18 who meets any of the requirements of RSA 193:1, I(c)-(h) shall be deemed a truant.”
This bill specifically protects and empowers the parental right to homeschool all children, even special needs children.
This bill explicitly prohibits school boards, principles, superintendents, or state officials from making any policy to govern homeschoolers.
No. This bill only applies to unfunded homeschoolers under RSA 193-A.
No. This bill does not change current circumstances regarding home education graduation. Currently parents can certify their students completion of a home education and if they wish to do so, they can request a more formal certificate of completion from NH Department of Education, and this bill does not change that.
Yes. This bill prohibits tracking under the Statewide Longitudinal Data System.
The new 193-A:4, III exempts homeschoolers from employment hour restrictions that apply to students. This gives homeschooling families much more freedom and flexibility when it comes to children who want to hold a job.
Comprehensive Legal Analysis — Amendment 2026-0606h
Summary & Assessment
Amendment 2026-0606h to HB 1268 is a comprehensive rewrite of New Hampshire’s home education statute (RSA 193-A). It repeals and reenacts sections 1 through 5, repeals section 6 (records/evaluation) and section 11 (school district authority), and directs the State Board of Education to repeal administrative rules Ed 315. The amendment is titled the “Home Education Freedom Act.”
If enacted as amended, this bill would transform New Hampshire from a Tier 3 (moderate regulation) state to effectively a Tier 1 (no notice required) state — placing NH alongside Alaska, Idaho, Texas, and Oklahoma as one of the least regulated states for homeschooling in the nation.
Assessment: This is an excellent amendment that gets NH 85% of the way to #1. With targeted additions, NH could leapfrog every state in the country. Grade: A–
What the Amendment Gets Right
- Notification made optional. Notification is only required to access public school programs/co-curriculars, use district assessments, or withdraw from public school (193-A:3). No general notification requirement. This puts NH on par with Alaska, Idaho, and Texas.
- Evaluations made voluntary. RSA 193-A:6 (records and evaluation) is repealed entirely. Annual evaluations, portfolios, and reading logs become optional. Every “shall” in the old evaluation section becomes “may.” This is the single most impactful change.
- DCYF/RSA 169-C protections. New 193-A:4, V creates a statutory presumption that home education satisfies compulsory education. For RSA 169-C (child protection) purposes, the state may NOT use homeschooling as evidence of failure to educate, may NOT use it as a negative factor, and may NOT use lack of notice/records/evaluations as evidence of educational neglect. This is groundbreaking.
- Anti-interference by school districts. New 193-A:4, II explicitly prohibits any superintendent, school board, principal, or state official from proposing, adopting, or enforcing any policy governing homeschool students (except policies related to RSA 193:1-c access programs). This is a blanket anti-harassment provision.
- Data privacy protections. New 193-A:4, IV prohibits tracking homeschool students through the Statewide Longitudinal Data System (SLDS) under RSA 189:65 and prohibits collection of their student information under RSA 193-E:5, unless the student is counted in ADMA for public school services.
- Voluntary certificate of completion. New 193-A:5 creates an optional parent-issued certificate of completion. If submitted to the DOE, the department issues a state document certifying completion.
- Schedule and employment flexibility. New 193-A:4, III exempts homeschool students from district calendar requirements AND from employment hour restrictions that apply to students. This addresses the child labor flexibility issue.
- Administrative rules repeal. Section 9 directs the State Board of Education to undertake expedited repeal of Ed 315 rules immediately upon passage. This prevents the administrative rules from surviving as zombie regulation after the statute changes.
- EFA clarification. The EFA/home education distinction is cleaned up. Home ed students on EFAs (RSA 194-F) are NOT considered home educated students, removing the regulatory overlap. Students on education tax credit scholarships (RSA 77-G) MAY be considered home educated.
Section-by-Section Analysis of Amendment 2026-0606h
Section 1: Short Title
“Home Education Freedom Act” — retained from original bill.
Section 2: RSA 193:1, I(f)(2) — Completion Evidence
Repeals and reenacts the compulsory attendance evidence provision. Completion of home education at the high school level is now documented by “the certificate of completion issued pursuant to RSA 193-A:6” (renumbered to 193-A:5 in the amendment). This aligns the compulsory attendance statute with the new voluntary certificate framework.
Section 3: RSA 193:1-c, II — Equal Access Cross-Reference
Adds “or RSA 193-A” to the cross-reference. Clarifies that accessing public school programs does not require exceeding the requirements of either the compulsory education statute or the home education chapter. Prevents districts from imposing extra requirements on homeschool students seeking equal access.
Section 4: RSA 193-A:1-5 — Repeal and Reenact (the core rewrite)
193-A:1 — Definitions
Six definitions established:
- “Certificate of completion” — optional parent-signed document certifying HS diploma equivalent.
- “Child” — ages 6-17, NH resident (unchanged).
- “Declaration of home education” — optional written statement identifying the student. Only needed for public school access or withdrawal.
- “Home educated student” — student receiving education provided/coordinated/directed by a parent. Excludes EFA students (RSA 194-F). May include tax credit scholarship students (RSA 77-G).
- “Parent” — parent, guardian, or person with legal custody.
- “Resident district” — district where child resides.
Notable: The old definitions for “commissioner,” “department,” “participating agency,” and “teacher” are eliminated. The state bureaucracy is removed from the framework entirely.
193-A:2 — Program Established; Purpose
Cites the original 1990 enactment (279:2) and declares that the General Court recognizes “it is the primary right and obligation of a parent to choose the appropriate educational alternative for a child.” Recognizes that home education is “more individualized than instruction normally provided in the classroom setting.”
193-A:3 — Optional Declaration of Home Education
The key change: “A declaration of home education shall not be required, except to obtain access to public school programs pursuant to RSA 193:1-c or upon withdrawal from a public school.” This eliminates the mandatory 5-business-day notification requirement. Families who don’t need public school services never have to tell anyone.
193-A:4 — Eligibility, Program Schedule, and Independence
Five subsections establishing homeschool independence:
- I. Eligibility: Any parent eligible to homeschool any child, including children with disabilities (RSA 186-C:2, I and I-a).
- II. Anti-interference: Blanket prohibition on school district or state officials proposing, adopting, or enforcing ANY policy governing home educated pupils (except RSA 193:1-c access policies).
- III. Schedule freedom: No calendar/schedule requirements. Academic terms need not match district. Employment/activity hour restrictions for students do not apply to homeschoolers.
- IV. Data privacy: Unless counted in ADMA for public services: (a) no SLDS data tracking (RSA 189:65), (b) no student info collection (RSA 193-E:5).
- V. DCYF shield: Participation in home ed is PRESUMED to satisfy compulsory education. For RSA 169-C: (a) homeschooling cannot be used as evidence of failure to educate, (b) cannot be used as negative factor for attendance/adequacy, (c) lack of notice/records/evaluations cannot be used as failure to educate.
193-A:5 — Optional Certificate of Completion
Parents may prepare a certificate when the student completes HS-equivalent study. If they submit it to the DOE with name, DOB, parent names, completion date, and signature, the department issues a state-level document certifying completion. This is voluntary — families who don’t need a state document don’t need to do anything.
Section 5: RSA 194-F:2, IX — EFA Cleanup
Updates cross-reference from old RSA 193-A:5 to RSA 193-A. Removes the old notification requirement when a student starts an EFA program.
Sections 6-7: RSA 195:7 and 195:18 — Cooperative District Formulas
Removes cross-references to old RSA 193-A:6, II (evaluations). Home ed students not receiving cooperative district services are excluded from ADMA for apportionment. Clean technical fix.
Section 8: Repeals
- RSA 193-A:6 (record keeping and evaluation) — REPEALED.
- RSA 193-A:11 (school district authority over home ed) — REPEALED.
Section 9: Administrative Rules Repeal
Directs the State Board of Education to immediately undertake expedited repeal of Ed 315 rules per RSA 541-A:19-a. This is critical — without this, the old administrative rules could persist even after the statute changes.
Section 10: Effective Date
Upon passage — no 60-day delay. Immediate effect.
