RSA 193-A and Ed 315: New Hampshire's Homeschool Legal Framework Explained

New Hampshire's home education law has a reputation for being family-friendly, and it largely deserves it. But families new to homeschooling in NH often encounter two legal references — RSA 193-A and Ed 315 — without a clear explanation of how they relate or what each one actually demands. This post breaks down both, including what they require, what they prohibit, and where the 2022 amendments changed the landscape.

RSA 193-A: The Statute

RSA 193-A is the chapter of New Hampshire Revised Statutes Annotated that governs home education. A statute is a law passed by the legislature; it sets the framework and the outer limits of what the state can require.

The core requirements under RSA 193-A are straightforward:

Notification, not approval. For children subject to compulsory attendance (ages 6 through 18), parents must notify a participating agency within five business days of commencing home education. The notification is a one-time filing per child, subject to the local-superintendent relocation rule — not an annual registration or an application requiring approval. The 2022 legislative session removed approval language from the statute entirely. The agency issues an acknowledgment letter within 14 days, confirming receipt rather than approving the program. That completes the basic notification process.

Compulsory attendance ages. New Hampshire's compulsory attendance law applies to children ages 6 through 18. Homeschooling under RSA 193-A fully satisfies that requirement. A properly notified home education program is a legal alternative to public school enrollment — not an exemption from the law, but a compliant path through it.

Required subject areas. The statute specifies a list of subjects that must be covered over the course of a child's home education. These are discussed in detail below and in a separate post on required subjects.

Portfolio and annual assessment. Parents must maintain a portfolio of instructional materials and samples of the child's work. Annually, the parent must choose one of several assessment methods to evaluate the child's academic progress.

Participating agency options. RSA 193-A defines three eligible participating agencies: the local school superintendent, the NH DOE Commissioner, or a qualifying private or nonpublic school.

Privacy protections. Under RSA 193-A:11, agencies are explicitly prohibited from imposing requirements beyond what the statute specifies. They cannot require annual re-notification, curriculum pre-approval, home visits, or any other oversight mechanism not contained in the law. Those limits do not eliminate records: a local agency may keep the notification, the DOE involves a state-level record, and a private school can serve as a buffer without guaranteeing that no government record exists.

Ed 315: The Administrative Rules

Ed 315 is the administrative ruleset promulgated by the NH Department of Education to implement RSA 193-A. Rules at this level fill in operational details that a statute typically leaves to agency discretion — things like forms, timelines, and procedural specifics.

Understanding the relationship between the two is important: the statute governs; the rules implement. If an administrative rule were ever interpreted to require something the statute does not authorize, the statute wins.

Key clarifications Ed 315 provides:

Home education operates on its own calendar. Ed 315 explicitly clarifies that home education programs are independent of the public school district calendar. There is no 180-day school year requirement. Families do not need to start and end on the district's schedule, take the same holidays, or log a minimum number of instructional hours per day. You set your own calendar.

Notification content requirements. The notification must include the names, addresses, and dates of birth of the children; the names and addresses of the parents or legal guardians; and the date the program commences. It does not require a curriculum plan, a statement of qualifications, or a list of materials.

Assessment options. Ed 315 recognizes portfolio review, a national student achievement test administered under the publisher's rules, a state student assessment provided by the resident district, or another valid measurement mutually agreed by the parent and participating agency. Parents choose among these methods; the agency does not assign one.

Record-keeping. Parents keep a private portfolio for at least two years; its two core components are a reading log and work samples. Additional project records and similar materials can document educational activity across the required subject areas.

The 2022 Amendments and What Changed

Prior to 2022, RSA 193-A contained language that some agencies had interpreted — incorrectly — as granting them approval authority. Superintendents in a handful of districts used that ambiguity to impose curriculum review requirements or delay acknowledgment pending "approval." The 2022 legislative session closed that gap explicitly. Approval language was removed. Notification is notification; acknowledgment is acknowledgment. Agencies that attempt to convert the process into a gatekeeping mechanism are acting outside the statute.

If a superintendent's office uses the word "approval" or conditions your acknowledgment on reviewing your curriculum, that position is not supported by current law.

Compulsory Attendance and Home Education

Some families approach home education as an exemption from compulsory attendance. Technically, that is not how New Hampshire structures it. Homeschooling under RSA 193-A is a lawful form of education that satisfies the compulsory attendance obligation — the same way public school enrollment satisfies it.

Compulsory attendance in New Hampshire applies from age 6 through age 18. A child who is properly operating under a valid home education notification is on a lawful path under that law, but a district may still issue a notice while processing records; the notification and supporting documentation help address it. There is no separate attendance waiver to file and no annual re-certification of compliance.

If a child was previously enrolled in public school and the family is withdrawing to homeschool, the family should coordinate the separate school withdrawal letter and participating-agency notification. Properly documented withdrawal should not ordinarily accrue ordinary school absences, although a district may issue a notice while it processes records.

What RSA 193-A:11 Means for Families

RSA 193-A:11 is the provision that explicitly limits agency authority. It states that no participating agency may impose requirements, procedures, or restrictions beyond those established by the statute and the rules promulgated under it.

In practical terms, this means:

• A superintendent cannot require annual re-notification.
• A superintendent cannot require you to submit curriculum materials for review before issuing the acknowledgment.
• A district cannot demand that your child take the district's standardized assessments rather than choosing from the statutory list of assessment options.
• A district cannot conduct home visits or request access to your home.
• A district cannot condition the acknowledgment on your child's prior academic performance.

If any of these demands arise, RSA 193-A:11 is the provision to cite.

How the Statute and Rules Work Together in Practice

When a family decides to homeschool in New Hampshire, the practical sequence looks like this:

1. Choose a participating agency (superintendent, DOE Commissioner, or participating private school).
2. Prepare a notification that includes the required children, parent or legal-guardian, address, date-of-birth, and commencement-date information.
3. Submit the notification. If using the DOE Commissioner, the DOE website provides a sample form.
4. Receive the letter of acknowledgment within 14 days. Begin homeschooling (you may begin before receiving the letter; the acknowledgment confirms receipt and is not approval of the program).
5. Maintain a portfolio of work samples and instructional materials throughout the year.
6. Complete an annual assessment using one of the methods specified in Ed 315.

That is the core legal framework for starting. Ongoing obligations include maintaining the portfolio and completing the annual evaluation.

If you are withdrawing a child from public school specifically and want a document-by-document walkthrough — including how to handle a district that pushes back — the New Hampshire Legal Withdrawal Blueprint provides the full sequence from withdrawal letter through acknowledgment.

Frequently Asked Questions

Does RSA 193-A apply to all grade levels? Yes, for children subject to compulsory attendance — ages 6 through 18. A child under 6 who has never been enrolled in school does not need a participating-agency notification until compulsory school age; if a younger child is enrolled, formally withdraw the child, but the participating-agency notification is not required until compulsory school age.

Can the DOE change Ed 315 rules in ways that add new requirements? The DOE can revise Ed 315, but any rules must remain within the authority granted by RSA 193-A. The legislature, not the DOE, sets the outer bounds. If a rule were promulgated that exceeded statutory authority, it would be subject to legal challenge.

Is there a fee to notify under RSA 193-A? No fee is required to notify the local superintendent or the DOE Commissioner. Participating private schools charge their own fees, which vary by organization.

What records must I keep under Ed 315? A private portfolio with a reading log and work samples. Keep it for at least two years. There is no prescribed format, no minimum page count, and no submission requirement — the portfolio is for your records and for use in the annual assessment.

See more New Hampshire guides →