Here's an email I received from HSLDA regarding upcoming homeschool proposal

[Raineyrocks]

Quoting Home School Legal Defense Association <hslda@hslda.org>:
> ======================================================================
> From the HSLDA E-lert Service...
> ======================================================================
>
>
> October 21, 2009
>
> New Hampshire: Legislator Proposes
> "Every Homeschooler Be Tested Every Year"
>
> In this e-lert HSLDA reviews what public policy makers are doing that
> will directly affect your freedom to homeschool.
>
> Dear HSLDA Members and Friends,
>
> HSLDA wishes to make you aware of several developments that affect
> homeschoolers in New Hampshire.  We are not asking for action at this
> point. We do ask that you continue to attend meetings when possible,
> stay informed and be prepared to act in the near future on all of
> these issues that directly affect the freedom to homeschool without
> unnecessary government intrusion in New Hampshire.
>
> In this e-lert we look in some detail at very concerning proposals on
> the part of the Department of Education and some legislators on the
> House Education Committee. These would require annual testing and
> portfolio review for every homeschooled child in New Hampshire, and
> could require parents keep their children in public or private school
> unless their homeschool plan is acknowledged each year.
>
> HB 368 STUDY COMMITTEE REPORT
>
> Maintaining a more active role this fall, the HB 368 study
> sub-committees are meeting almost weekly.  The next meeting for the
> Evaluation and Records Subcommittee is scheduled for Wednesday,
> October 28 at 1:30 p.m.  The Senate Education Committee will meet that
> day also to discuss its overall agenda for the year's legislative
> session.  HSLDA commends New Hampshire homeschoolers who continue to
> attend these meetings and report on their proceedings.  Their
> reporting and participation is important to insure that homeschoolers
> are informed and prepared to defend their freedoms.
>
> In yesterday's Evaluation and Records Subcommittee meeting,
> Representative Phil Harvey introduced his recommendation that every
> child be tested every year by a "credentialed educator" using
> "standardized testing procedures" and that every portfolio be
> evaluated.  The rationale used by Representative Harvey is that policy
> makers need "more data" on homeschoolers in the Granite State.
> Homeschoolers present attempted to correct this red herring argument,
> used by those who want to impose more regulation on homeschoolers.
> These homeschoolers pointed out that there IS data on homeschools in
> New Hampshire.  Every year evaluations are provided to participating
> agencies, and this data shows that there has never been an involuntary
> termination of a homeschool program.   Representative O'Neil
> discounted this argument, stating that just because there haven't been
> any terminations doesn't mean there shouldn't have been any
> terminations.
>
> This ad absurdum argument illustrates the philosophical underpinning
> of those who wish to impose more regulation on homeschoolers.  In the
> minds of these legislators, children belong to the state, and they are
> responsible for overseeing parents who exercise their fundamental
> right to direct the education and upbringing of their children.
> Homeschoolers also addressed the point that imposing standardized
> testing on every student would destroy the essence of what home
> education is about -- providing a program of instruction tailored to
> the individual student.  You can see a version of Representative
> Harvey's outrageous proposal here:
> http://www.hslda.org/elink.asp?id=7114 .
>
> It is ludicrous that the New Hampshire Legislature is expending this
> much time to "study" homeschooling when there are so many documented
> problems with public education and other areas of state government,
> and when data shows that homeschooling is working well.  Homeschoolers
> will need to be prepared in January to influence whatever legislation
> ends up coming out of the committee.  You can listen to the committee
> hearing by visiting CheNH's website at
> http://www.hslda.org/elink.asp?id=7115 .  A report of the proceedings
> should be posted on the CheNH website soon.
>
> DOE RULE CHANGES
>
> We recently informed you about the State Board of Education meeting on
> October 14 at which the Department of Education proposed changes to
> the administrative rules governing the operation of home education
> programs (Ed 315 "Procedures for the Operation of Home Education
> Programs").
>
> The State Board has officially opened a rule making process relative
> to these rules. While we are not asking our members to take any
> specific action, we want you to be aware of what is happening.  The
> formal rules process requires public comment and a public hearing
> before the State Board approves a final version of the rules.   After
> the State Board of Education approves its version of rules, the State
> Legislature, through its Joint Legislative Committee on Administrative
> Rules ("JLCAR"), will review the rules and must eventually approve the
> rules before they go into effect.  There are provisions for the JLCAR
> to require modifications to the rules.  At the earliest the process
> will take until March of 2010 to be completed.  It is possible that
> the entire process will take until May of 2010.  You can learn more
> about the rule making process by going here:
> http://www.hslda.org/elink.asp?id=7116
>
> The Department of Education has proposed a version of rules that do
> NOT follow rules reviewed by the Home Education Advisory Council
> ("HEAC").  HEAC is a statutory committee that includes homeschoolers,
> public school officials, the Department of Education and legislators.
> The purpose of HEAC is to advise the Department of Education. In fact,
> one of its stated missions is to "[r]ecommend to the commissioner and
> state board of education desired changes in rules pertaining to home
> education."  HEAC has been reviewing the home education rules to align
> the rules with the law and to accommodate recent changes in the law.
>
> Ignoring HEAC, the Department of Education has submitted a proposed
> version of rules to the State Board that depart unnecessarily from
> statutory language and add provisions that are of great concern.
>
> In the Department's version of the rules, Section 315.05(d)(14)
> provides that "[t]he children shall be enrolled or remain enrolled in
> either a public or private school until a home education program is
> established.  As written, this rule could be interpreted to grant de
> facto approval of homeschools to local school officials that would
> require children to remain in public school.  By withholding
> acknowledgement of the home education program, a program might not be
> considered "established," therefore requiring children to remain in
> public or private school until "acknowledged" by the school official.
>
>
> Sections 315.07(c) (4) and 315.08(a) (2) of the Department's version
> of the rules provide that a certified teacher must recite "the facts
> the teacher relied on to develop the concluding statement" that a
> child has demonstrated educational progress "in all areas of
> instruction required by RSA 193-A:4."  Such language departs from the
> law and opens up the possibility for interpretation by participating
> agencies regarding whether or not the teacher relied on the
> appropriate facts or a sufficient quantity of facts and whether or not
> educational progress has been made "in all areas."
>
> There are other problems with the proposed rules, and HSLDA is working
> with state homeschool leaders to both completely analyze the rules and
> to determine the best response to the Department's proposal.
>
> You can view the Department's version at Department of Education's
> Initial Proposed Changes to Ed 315
> http://www.hslda.org/elink.asp?id=7117 .  Chris Hamilton, a member of
> HEAC, has created a side-by-side comparison of the Department's and
> HEAC's reviewed rules proposals.  You can review this document (a work
> in progress) here:  http://www.hslda.org/elink.asp?id=7118
>
> NEW LEGISLATION
>
> HSLDA is also aware of two Legislative Service Requests (LSRs) that
> have been filed to modify the home education law. Representative David
> Bates has introduced LSR 2010-H-2559-R, "relative to the procedure for
> initiating a home education program." If passed, this LSR would
> simplify RSA 193:A to require one-time notification only and
> substantially reduce remaining regulations.  Representative Paul
> Ingbretson has also introduced an LSR, 2010-H-2632-R "relative to home
> schooling," that would change the compulsory attendance law (RSA
> 193:1) to require parents to educate their children unless they enroll
> them in a public or private school. This LSR would completely
> eliminate the existing homeschool law (RSA 193:A).  While exact
> language of these LSRs is not available yet, you can visit the CheNH
> website at www.chenh.org for more information.
>
> HSLDA is working closely with Christian Home Educators of New
> Hampshire (CheNH) and other local leaders and organizations.   We will
> keep you informed and, as appropriate, requesting that you take action
> on these important issues.
>
> Thank you for your membership and support of HSLDA as we stand
> together to defend homeschool freedom in New Hampshire!
>
>
> Very truly yours,
>
>
> Michael P. Donnelly, Esq.
> HSLDA Staff Attorney
>
>
> ======================================================================
> The HSLDA E-lert Service is a service of:
>
> Home School Legal Defense Association
> P.O. Box 3000
> Purcellville, Virginia 20134
> Phone: (540) 338-5600
> Fax: (540) 338-2733
> Email: info@hslda.org
> Web: http://www.hslda.org
>
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