Yes, it’s back for Round 3. New Hampshire has, for the third time, put forward a background check bill that entangles independent, 193-A home education families in legislative attempts to put restrictions on the Education Freedom Account (EFA) program. This year it is HB 738 (2025) sponsored by Rep David Luneau. It is the identical language previously used in HB 1664 (2022) and HB 628 (2024).
Once again independent homeschoolers need to fight off overreaching intrusion when we aren’t the primary target of the bill.
Even though the sponsor of HB 628 (2024), Rep Linda Tanner, claimed that she did not intend the bill to apply to independent home education families, she did not introduce an amendment to clarify the language, and that sloppy language is repeated in the 2025 bill. Instead of referring to the Education Freedom Account (EFA) by name or statute, RSA 194-F, the term “home education” is used and it is defined in the compulsory attendance law, RSA 193:1, as well as the home ed law, RSA 193-A.
Even if the child’s educational experience is the same, home education is a separate educational pathway from the EFA regardless of how the funds are used.
The bill states that education providers who accept taxpayer-sourced funds would be required to perform background checks on teachers and volunteers. However, there are dozens of learning centers, co-ops, tutors, and other enrichment programs that accept taxpayer-funded payments from families, and it can easily extend to family-based learning opportunities, too.
Even if background checks did not extend to parents educating their own children (they are not carved out as an exception in the bill), what about groups that have parents acting as instructors? Imagine a monthly book club that meets at a local library that is led by one of the parents and one child is an EFA participant. Imagine a field trip that a local group of homeschooling friends organize and a couple of the students are using the EFA to pay for tickets. Imagine a few homeschool families hold an astronomy activity and rent a telescope for the lessons. If a single child uses the EFA to pay for their portion of the telescope rental, would all the parents need a background check? Likely so, if HB 738 passed.
The true intention of the background check bill is a witch-hunt of parents.
In October 2022, when the House Education Committee held a subcommittee session on HB 1664, the first background check bill, there was extended discussion where some representatives said parents are “bad actors” and choose home education in order to hide child abuse. The recording of this session is available here starting at 1:32:15
Also, HB 738 specifically references tax credits which is the Education Tax Credit scholarship program, RSA 77-G, that is funded by private donations, not state funds. Many low-income home education families are recipients of this grant.
HB 738 is a slippery slope as it could apply to parents educating their own children and to families who do not use the government-funded Education Freedom Account.
HB 738 (2025) does not have a public hearing scheduled yet, but GSHE will continue to monitor the House schedule and update the community when it is announced. Be ready to attend in-person and give testimony or submit remote comments via the House Meeting Resources portal.
GSHE Advocacy Resources
Sign up for our newsletters and periodic special alerts at our website.
Members with free registered accounts, can access Making a Difference how-to guide and our GSHE Action forum.
GSHE Action Facebook Group – our group focused on advocacy for traditional, unfunded home education, open to NH home education families and supporters not legislators or special-interest organizations and their representatives.
Make a Difference video – how to be an effective advocate in Concord including how to follow bills, prepare testimony, and coordinate with others.
Granite State Home Educators (GSHE) is a 501c4, all-volunteer statewide grassroots organization created to support and empower families who choose home education for their children’s learning.
