There’s been a lot of discussion about the Home Education Freedom Act, House Bill 1268, which recently passed the NH House. It recognizes a parent’s natural right to establish a home education program for their child, “regardless of ability, disability, developmental status, or educational need.” Parents will no longer be required to seek state permission to do so. A child is born into a family and learns from birth. No enrollment process is required.
If the parent does not enroll the child in a public, private, charter or Education Freedom Account program, it is presumed that the parent has decided to home educate the child. Home educated students are “exempt” from the state’s compulsory attendance law RSA 193:1, I(b).
Home educated students are also exempt from truancy laws, which were designed for school districts to record unexcused absences. A home educated child does not attend a public school. He lives in his school house and is rarely, if ever, missing-in-action.
A large part of the remainder of the bill protects parents from unwarranted Child Protection investigations based on “educational neglect”. While there have not been many such Division of Children, Youth and Family (DCYF) investigations, the possibility is chilling, defending a family is hugely expensive, and the emotional toll is traumatic. So, there is considerable attention given in the bill to prevent unwarranted investigations.
Under the bill, a home educating parent is presumed to be acting in good faith, and considered innocent of neglect until proven guilty. This is our due process right under the Fifth Amendment. The bill flips the script of the existing home education law, where the parent is always presumed guilty if there is no definitive compliance with regulatory tasks, starting with asking for permission to home educate a child through a notification / acknowledgement process. Under existing law, a parent is presumed guilty of educational neglect if there is no evidence of compliance with state regulations requiring formal documentation of a home education program through notification, portfolios and annual assessments.
The bill removes this unconstitutional regulatory framework.
The bill protects a family’s right to maintain the privacy of their child’s academic information, which is not present in current law.
The bill establishes personal liability for any person who knowingly makes a report that is “not by a good-faith belief based on specific, articulable facts that a child is being abused or neglected”, and authorizes a right of private of action for such aggrieved families.
The bill redefines a “neglected child” under the Child Protection statute to ensure that a parent’s choice of a home education program or Educational Freedom Account is not the basis for an investigation. “A child participating in a home education program under RSA 193-A or an education program funded through an education freedom account under RSA 194-F shall not be considered a neglected child under this chapter solely on the basis of such participation.”
Under the bill, “no agent of the department of health and human services, division of children, youth and families, or law enforcement officer shall enter or inspect the home of a family engaged in home education without a warrant issued by a court upon probable cause, or genuine exigent circumstances as defined by law. Threats of a child removal or placement in foster care shall not be used to coerce consent to entry or to share records. An anonymous report, standing alone, shall not constitute probable cause.”
The bill protects the confidentiality of any information submitted to any state agency, school district, or government entity regarding a home education program. It “shall not be disclosed to any other state agency, federal agency, or third party without the written consent of the parent. Such disclosure by a government employee acting in an official capacity, shall constitute a violation of RSA 91-A:8, IV.”
The bill ensures equal access to public school programs for both home educated and Education Freedom Account students, and clearly separates home educated students from Education Freedom Account students.
To ensure there are no backdoor attacks on a parent’s right to home educate a child, the bill repeals all existing administrative rules and removes rule making authority.
Finally, the bill eliminates the Home Education Advisory Council, which at best has been do-nothing, and at worst has helped block previous home education law reform attempts.
If passed by the Senate and signed by the Governor, the bill would go into effect on July 1, 2026. Please contact your Senator and the Governor in support.
