In April 2022, GSHE alerted the NH Department of Education and the Home Education Advisory Council (HEAC) about the discriminatory rule in Ed 704.02 that requires home education students to receive permission from their Participating Agency in order to take the High School Equivalency Test (HiSET) and GED exams. This is the current information on the DOE’s website and it is the same as what was published in 2022.
This inequitable rule is inconsistent with several other laws that empower parents and guardians to approve various pursuits for their home-educated children.
- The rule is uniquely applicable to home educated students, not students who are enrolled in other educational pathways — public or private school, or the Education Freedom Account.
- In the home ed statute, RSA 193-A:11, Participating Agencies have no role in the student’s academic standing or progress.
- Ed 315, the home ed rule, specifically empowers families to self-certify completion of the equivalent of high school, including those who are not yet 18 years old.
- The NH DOE issued two technical advisories — one in 2018 and another in 2020 — to clarify the requirements of Participating Agencies regarding home education. Neither technical advisory gives PAs authority of a home-educated student’s learning program.
- Several years ago, the youth employment law, RSA 276-A:5, was changed to give parents, not public-school officials, authority to sign required paperwork for teens because SAUs have no role in non-public-ed students’ education upon which to determine if employment would or would not be detrimental to their learning.
Also, rule 704.02 uses the term “home schooled” which is not used anywhere in state law.
HEAC received a couple updates, but the revision made no true progress because of other issues in ed rule 700 by the department and state Board of Education.
The rule was last updated in 2013 and all education rules sunset in 10 years unless updated, which 704.02 was not. Consequently, it expired in 2023 and is unenforceable.
The NH Department of Education informed GSHE that they expect the new Commissioner is amenable to changes that GSHE suggested and will eventually move the rules forward through the approval process. This could take many more months if not years to finalize.
In the meantime, it is unclear how a home-educated student could apply to take the HiSET or GED. The rule does not authorize the Commissioner to approve an application nor provide any alternative. The NH Department of Education did not provide guidance when asked. For now, the rule is not enforceable and there is no mechanism available to home-educated students.
To be clear, home education families are able to self-certify the completion of high school and are not required to have their student take either the HiSET or GED. It is optional. Many community colleges, universities, trade schools, and the military respect that families can declare their teen a high-school graduate without additional documentation from a test or the NH Department of Education.
Additional information about home education graduation is available here.
