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. Parents must notify a participating agency before beginning home education. The notification is a one-time filing per child — not an annual registration, not 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. That is the end of the administrative 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. By October 1st, agencies report aggregate enrollment numbers to the state — not individual names, not copies of notifications.

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. Ed 315 specifies what information the notification must contain: the child's name, age, and address, and a statement that the parent intends to provide home education. It does not require a curriculum plan, a statement of qualifications, or a list of materials.

Assessment options. Ed 315 lists the acceptable annual assessment methods, which include standardized tests, evaluation by a certified teacher, a portfolio review, or other methods acceptable to the participating agency. Parents choose; the agency does not assign a method.

Record-keeping. The portfolio requirement from RSA 193-A is implemented through Ed 315's guidance on what constitutes adequate documentation — samples of work, reading logs, project records, and similar materials that demonstrate 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 enrolled in a home education program under RSA 193-A is in compliance with that law. There is no separate attendance waiver to file, no truancy risk for families operating under a valid notification, and no annual re-certification of compliance.

If a child was previously enrolled in public school and the family is withdrawing to homeschool, the notification to the participating agency is what closes the loop — it establishes the child's new educational status in the record.

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 information required by Ed 315 — child's name, age, address, and statement of intent.
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 actually begin before receiving the letter; submission of notification is the operative act).
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 complete legal framework. Nothing more is required by state law.

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. The statute applies to home education for children subject to compulsory attendance — ages 6 through 18. Families with children outside that age range are not subject to the notification requirement, though they may still choose to notify voluntarily.

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 portfolio of instructional materials and work samples demonstrating educational activity across the required subject areas. 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.

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