In response to your request for a survey of state laws regarding the requirements
for home schooling in the states in the Boston Region, we provide below a summary
of the applicable laws for each New England state. If you have any questions about
how these laws would apply to the facts of any specific claim for child’s benefits,
please let us know.
Attendance at school is required for persons at least 6 years of age and under 16.
Attendance in the public schools is not required for a child who is receiving home
education. By statute, home education must include instruction in “science, mathematics,
language, government, history, health, reading, writing, spelling, the history of
the constitutions of New Hampshire and the United States, and an exposure to and appreciation
of art and music.”
A parent commencing home instruction must file a notice of intent within 30 days of
the commencement of home instruction with one of the following: the commissioner of
education, the district superintendent, or the principal of a nonpublic school. The
notice must include the names, addresses and dates of birth of children participating
in the program.
The parent must maintain a portfolio of records and materials relative to the home
education program. The portfolio shall consist of a log which designates by title
the reading materials used, and also samples of writings, worksheets, workbooks, or
creative materials used or developed by the child. Such portfolio must be preserved
by the parent for 2 years from the date of the ending of the instruction.
The parent must provide for an annual educational evaluation which documents the child's
demonstration of educational progress at a level commensurate with the child's age
and ability. The child shall be deemed to have successfully completed his annual evaluation
upon meeting the requirements of any one of the following:
a certified teacher or a teacher currently teaching in a nonpublic school who is selected
by the parent shall evaluate the child's educational progress upon review of the portfolio
and discussion with the parent or child. The teacher shall submit a written evaluation
to the commissioner of education, resident district superintendent, or nonpublic school
the child shall take any national student achievement test, administered by a person
who meets the qualifications established by the provider or publisher of the test.
Composite results at or above the fortieth percentile on such tests shall be deemed
reasonable academic proficiency. Such test results shall be reported to the commissioner
of education, resident district superintendent, or nonpublic school principal;
the child shall take a state student assessment test used by the resident district.
Composite results at or above the fortieth percentile on such state test shall be
deemed reasonable academic proficiency. Such test results shall be reported to the
commissioner of education, the resident district superintendent, or nonpublic school
the child shall be evaluated using any other valid measurement tool mutually agreed
upon by the parent and the commissioner of education, resident district superintendent,
or nonpublic school principal. The results shall be reported by the parent or the
testing agency to such appropriate official.
See N.H.R.S.A. §§ 193:1, 193-A; New Hampshire Department of Education website at http://www.ed.state.nh.us/education/doe/organization/curriculum/HomeEd_LegislationRules.htm