Proposals that eliminate or minimize homeschool notification often look like expanded freedom on paper. In practice, however, removing all affirmative recognition of lawful home education exposes families to greater government interference, not less. When parents have no way to assert their rights before enforcement occurs, ordinary education questions are pushed into truancy and child-welfare systems that carry broad authority and can be deeply disruptive to families. Freedom that exists only in statute — without any legal mechanism for parents to affirm their rights — is not liberty. It is liability.
This discussion is directly relevant to HB 1268, which creates a form of conditional notification that is informal, inconsistent, and poorly defined. At the same time, some legislators — or intermediaries acting on their behalf — have been exploring approaches that would further weaken or eliminate affirmative recognition of lawful home education without removing families’ exposure to truancy or child-welfare intervention. These approaches do not eliminate risk or harm; they strip away existing protections while leaving families fully exposed to truancy and child-welfare enforcement, with no clear or defensible way to establish lawful home education when questions arise.
GSHE’s approach is grounded in real-world enforcement, not theory, and in established legal practices already used in New Hampshire to protect parental rights in healthcare and education.The following outlines why conditional or eliminated notification fails to protect families, and why a private, family-controlled notarized self-declaration is a stronger and more durable expression of home education freedom.
1. HB 1268 does not eliminate notification
HB 1268 creates conditional notification, not a notification-free environment.
- Families avoid routine filings
- But documentation is still triggered when:
- attendance is questioned
- a district makes contact
- a third party raises concerns
- a family inquires about participation in public-school classes or activities (Equal Access)
- There is no affirmative protection unless a family is already interacting with the system
This leaves families reactive instead of protected.
2. Eliminating all notification removes affirmative parental rights
When a state removes every mechanism for parents to affirm lawful home education, it creates legal silence — not liberty.
Legal silence means:
- no positive proof of lawful status
- no clear way to resolve attendance questions
- no barrier between education law and enforcement systems
Silence does not limit state power. It redirects families into coercive enforcement pathways.
3. Truancy and child-welfare systems are not neutral or low-impact
Once truancy or child-welfare systems are involved:
- the presumption shifts away from parental legitimacy
- families are compelled to comply
- investigations may include home visits, interviews, records, and ongoing case files
- families lose control over timing, scope, and resolution
These systems exercise statutory authority, not informal judgment. They are disruptive by design.
4. Wyoming illustrates the real-world consequences
In Wyoming, all homeschool notification was eliminated in 2025.
The result:
- districts cannot distinguish homeschoolers from truant students
- ESA participation further obscures student status
- uncertainty is routed into truancy and child-welfare systems
- families have no affirmative way to demonstrate lawful home education
- legal defense organizations report increased intervention activity
Families are not being “left alone.” They are being left without protection.
5. This is inconsistent with how parental rights are protected elsewhere
Advocates of limited government and parental rights often support affirmative exemptions in other areas of law, including:
- religious and philosophical vaccine exemptions
- opt-out provisions in education and health
- parental consent requirements and constitutional protections
In these contexts:
- parents do not rely on silence
- they assert their rights before enforcement occurs
- documentation prevents default government action
Home education should not be treated differently.
6. Why GSHE supports a notarized self-declaration
A couple of weeks ago, GSHE drafted and submitted a narrow, targeted amendment focused on RSA 193-A:5 to the bill’s sponsors. The proposal is a notarized self-declaration—not permission, approval, or oversight.
It is a proactive, defense-ready legal instrument that:
- is created and retained by the family
- is not submitted to any school district, agency, or state office
- remains private unless and until the family chooses to use it, and is not stored in any government database
- can be presented:
- to resolve attendance or enrollment questions
- to confirm lawful home education when enrolling in classes, programs, activities, or services
- to establish status at the family’s own initiative, not in response to enforcement
This preserves:
- family control
- timing and context of disclosure
- a clear boundary between education law and enforcement systems
The declaration exists to prevent escalation, not to invite oversight. Once truancy or child-welfare authorities initiate contact, informal or retroactive paperwork does not stop the process; it becomes part of the record rather than a shield against investigation.
7. GSHE’s position, clearly stated
Home education freedom depends on parents being able to affirm their rights, not on legal silence.
A system with no affirmative declaration:
- increases exposure to coercive investigations
- shifts enforcement into the most invasive agencies
- removes family control over when and how status is asserted
A notarized self-declaration:
- constrains state authority
- preserves privacy
- keeps families out of enforcement systems
- aligns with established parental-rights principles
That is why GSHE supports this approach — as a stronger, more durable expression of home education freedom grounded in real-world enforcement.
Public Hearing Date Announced
The public hearing for HB 1268 will take place on Friday, February 20, 2026 at 10am. The location is not announced yet.
Sponsors pre-released a draft amendment to HB 1268 on Facebook; however, this language is not official and is not yet available through the NH General Court.
GSHE is reviewing the proposed amendment and will share a separate announcement once the location is posted, along with suggested talking points, information on how to submit testimony, and an updated analysis of the sponsors’ amendment once it is formally available.
More Background on HB 1268
You can find more about GSHE’s coverage on HB 1268 here, in our initial coverage of this bill as written, and our concerns that this bill may be beyond repair given legislators’ other priorities.
HB 1268 (2026): Legislative Status Update
HB 1268 (2026): Proposed Changes to New Hampshire’s Home Education Law
You Can’t Fix a Bad Bill: Why GSHE Is Opposing HB 1268 Heading Into 2026
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.
