On Monday, March 2, 2026, the House Education Policy and Administration Committee held executive session on HB 1268 and adopted amendment #2026-0887h by a 10–8 partisan vote (OTP/A). The bill now moves forward to the full NH House of Representatives for a vote with this amendment.
Video beginning at mark 0:44:35: https://www.youtube.com/live/fWA6v36nNHQ?si=AwoL3OqmRb9bgkoZ
We appreciate the committee’s work and the sponsor’s willingness to incorporate changes. This version is stronger than previous drafts in several key ways, and it addresses a number of concerns GSHE and other families have raised since the bill was introduced.
At the same time, core structural gaps remain — particularly the lack of a proactive, affirmative shield for families when enforcement questions arise under the unchanged compulsory attendance, truancy, and child-protection statutes.
What Improved in Amendment #0887h
- Full repeal of Ed 315 rules — The amendment directs expedited repeal of Ed 315. This removes administrative overreach that often-exceeded statutory intent. It also removes the state Board of Education’s rule-making authority [unlike the amendment to HB 1155].
- Disability reference removed — RSA 193-A:4 now affirms the parental right to home educate “regardless of ability, disability, developmental status, or educational needs” without importing the RSA 186-C:2 public-school definition. This eliminates the qualifier and entanglement we previously flagged.
- Purpose clause affirms parental rights — RSA 193-A:2 recognizes the parent’s “primary right and obligation” to choose education as a “natural right.”
These are meaningful steps toward reducing burdens and affirming parental choice.
Remaining Gaps
Despite the improvements, the amendment does not fully resolve the structural issues GSHE has raised from the beginning: HB 1268 leaves families “guilty until proven innocent” in practice, as reduced paperwork is freedom on paper but not in reality without a proactive shield to affirm compliance upfront.
Supporters often point to the plain language of HB 1268 and note that it removes several administrative requirements from RSA 193-A. However, statutes do not operate in isolation. Changes to the home education chapter must be evaluated alongside the compulsory attendance, truancy, and child-protection statutes that continue to govern enforcement.
- No proactive, affirmative shield — The optional declaration is conditional (mainly for Equal Access or withdrawal) and lacks evidentiary weight. It does not bind enforcement officials in compulsory education attendance (RSA 193:1), truancy (189:35-a), or the Child Protection Act (169-C) to accept it as presumptive proof of compliance. When questions arise, families remain reactive and defensive — potentially improvising with a signed note that may carry little weight in disputes. Some supporters argue that concerns about enforcement interactions are hypothetical. However, these situations do occur in ordinary circumstances. On March 3, 2026, GSHE heard from a New Hampshire mother who began her daughter’s home education program less than a month ago. Her local SAU had DCYF visit their home to verify the child’s enrollment. Because she had documentation confirming her child’s home education status, she was able to immediately answer the question and the matter was resolved without further escalation.
- Unchanged enforcement statutes — RSA 193:1 (compulsory attendance), RSA 189:35-a (truancy), and RSA 169-C (child protection) retain full authority to question and investigate. Reactive presumptions help after escalation, but they do not prevent initial triggers or de-escalate on the spot.
- DOE gate-keeping re completion — The Department of Education’s signed certificate of completion is optional but becomes a de facto approval when included in statute. Further, the requirement remains for under-age students so this bill does not fully recognize parents’ authority to initiate and conclude a home ed program. In comparison, the Education Freedom Account (EFA), the state-funded program, has no reporting – required or optional – for students completing compulsory education attendance at any age.
- New unfunded mandate risk — RSA 193-A:4, II requires the DOE and SAUs to “work with parents upon request in meeting the goals of their home education program.” This broad, unfunded obligation creates an undefined duty for public entities to assist an independent (unfunded) home education program without defining what support SAUs must provide – including requests for instructional or support services — or where that involvement could extend beyond assistance into interference.
- EFA Equal Access in a 193-A bill — Extending RSA 193:1-c access to EFA students blurs the line between independent (unfunded) home education and funded programs. EFA families already receive state funding to not enroll in public schools; they can use that funding for participation. At the executive session, the sponsor indicated that there is a separate bill that proposes adding EFA participants to Equal Access but it is included in HB 1268’s amendment in case the other bill fails.
- Changes to RSA 169-C (Child Protection Act) — The amendment modifies several provisions in RSA 169-C, including entry standards, reporting liability, confidentiality, and the definition of neglect (removing “education as required by law” as a standalone category). RSA 169-C is a broad child-welfare statute that applies far beyond educational neglect. GSHE believes these changes should be considered in a separate bill so the full implications can be debated openly, rather than embedded in home education legislation.
Pugh Chart: Comparison of Home Education Options in NH
To illustrate how this amendment measures up, we created a Pugh chart comparing the current RSA 193-A statute, the original version of HB 1268, amendment #0606, amendment #0887, and GSHE’s optional notarized self-declaration proposal.
| Criterion | Status Quo (current RSA 193-A) | Original HB 1268 | Amendment #0606h | Amendment #0887h | GSHE's Proposal |
|---|---|---|---|---|---|
| Reduces bureaucracy / paperwork | Low | Medium | High | High | High |
| Maximizes parental control / direction | Medium | High | High | High | High |
| Eliminates mandatory state notice / assessments | Low | Medium | High | High | High |
| Provides proactive legal shield vs enforcement | Medium | Low | Low | Low | High |
| Minimizes risk of truancy / DCYF intervention | Medium | Low | Low-Medium | Medium | High |
| Preserves family privacy and choice | Medium | Medium-High | High | High | High |
| Broad homeschool community support | Medium | Mixed | Mixed-High | Mixed-High | High |
| Overall for home education freedom | Medium | Medium | Mixed | Medium-High | Highest |
Ratings are based on GSHE’s analysis of parental rights, privacy, and enforcement risks in independent home education. The latest amendment makes progress but still leaves families “guilty until proven innocent” without a proactive shield. The GSHE proposal adds a voluntary, private, notarized self-declaration as a proactive shield, making it the strongest overall option.
Next Steps
The bill now heads toward a full House vote when they convene the week of March 9, 2026. This is the time to contact your own state representatives about HB 1268. The House Education Policy and Administration Committee’s recommendation, Ought to Pass as Amended (OTP/A), is the motion that the reps will vote on – YEA is to pass the bill, NAY is to oppose the bill.
GSHE’s written testimony addresses the gaps in earlier versions and remains consistent with our review of #0887h. We continue to urge further refinement — particularly a voluntary, private, notarized self-declaration that families can prepare and produce if questioned, without mandates or state involvement.
We encourage every family to review the latest amendment and contact your representatives with your own perspective. Personal stories about how these laws affect your family carry real weight.
If the bill passes, then it will advance to the Senate Education Committee where there will be another public hearing scheduled and opportunities to amend the bill further.
Find your state representatives’ contact information here.
Because representatives handle hundreds of bills, your email subject line should clearly identify you are contacting them about HB 1268. Mention you are a constituent at the beginning of your email, that this bill is about independent (unfunded) home education, and clearly indicate your position on the bill. Just a few sentences are sufficient; you don’t need a detailed analysis of the bill to share your concerns. Email them before Wednesday, March 11, 2026 to have the best opportunity to reach them before the next session day.
Thank you for staying engaged. Our commitment remains the same: principled advocacy that puts parents and their children first in the independent home education pathway.
More Background on HB 1268
You can find more about GSHE’s coverage on HB 1268.
GSHE Testimony on HB 1268: Why the Amendment Falls Short and How to Strengthen Parental Rights
Public Hearing Notice: HB 1268 (2026) re Major Changes to Home Education
Home Education Freedom Respects Parents’ Rights
HB 1268 (2026): Legislative Update
You Can’t Fix a Bad Bill: Why GSHE is Opposing HB 1268 Heading Into 2026
HB 1268 (2026): Proposed Changes to NH’s Home Education Law
Want to Support Home Education in New Hampshire?
Families who want to engage with the legislative process—whether for five minutes or an entire day—can find practical guidance in our how-to resource:
Making a Difference: How to Engage in NH’s Legislative Process
GSHE Advocacy Resources
Join GSHE to access all of our how-to guides, community forums, and receive our newsletter to stay informed.
Sign up for our newsletters and periodic special alerts at our website. Members automatically receive our monthly newsletters directly to your emails.
Members can access our Making a Difference how-to guide that includes a video on how to be an effective advocate in Concord — how to follow bills, prepare testimony, and coordinate with others.
Members can also find news and updates in our GSHE Action Forum that is 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.
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.
