A handful of home education supporters, including representatives of Granite State Home Educators (GSHE), Christian Home Educators of NH and Southern ME (CHENH/SME), Catholics United for Home Education (CUHE), and TJ Schmidt from Home School Legal Defense Association (HSLDA), testified against HB 738 re background checks, an overreaching bill that extends background checks to independent home educating families and parents.
House Bill 738 re background checks had a public hearing with the House Education Policy and Administration Committee on Wednesday, February 12, 2025. The recording starts at 5:41:34.
Prime sponsor Rep David Luneau (D, Hopkinton and Bow) repeatedly said his intention is not to involve 193-A home education families or parents, but the written language of the bill does not match his stated objectives. He introduced an amendment that the committee may or may not consider at their executive session that is expected next week.
Several members of the public and committee representatives pointed out several problems with the bill and suggested amendment, including:
- Unclear language about who is responsible for paying for these background check
- Problems with enforceability and administration
- Private citizens cannot get a background check on another private citizen
- The independent and EFA homeschool communities are comingled in social and learning environments
- The language extends to volunteers that could include additional family members such as grandparents
- The word “volunteer” extends to anyone, not just people that receive funds exchanged through Class Wallet
- Background checks are generally intended to address liability issues, yet the state does not have liability in homeschool situations
- The requirements for background checks are not described in the bill, and they can vary significantly
- This is an unnecessary intrusion of families’ privacy and imposes on parental rights
- The bill creates more problems than it solves
In written testimony, Michelle Levell, GSHE director, said,
“As written, this bill could require background checks for parents educating their own children. Even if amended to exclude parents, what about groups that have parents serving 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 Education Tax Credit student. Imagine a field trip that a local group of homeschooling friends organize and a couple of the students are using the ETC 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 ETC scholarship to pay for their portion of the telescope rental, would all parents need a background check? Likely so, if HB 738 passes.
The true intention of the background check bill is a witch-hunt of parents.”
“Given that this is the third time this bill has been introduced, I find it disingenuous that sponsors don’t intend it to apply to as many parents as possible because there has been ample opportunity to revise the language.”
GSHE leader Abigail Bellemore testified “I should not have to have a background check to educate my children. I see that they are necessary in certain circumstances, but they should not be needed when educating my own children.”
Michelle Rohrbacher from CHENH/SME stated, “The responsibility to keep my children safe is mine. I don’t need the State involved in that process. This bill *requires* me to involve the state in that process.”
A member of the public, Louise, told the committee, “This is government overreach par excellence and an intrusion on every parent’s right to direct their children’s education and welfare. Parents should not be subjected to criminal background checks. This is a bureaucratic nightmare to administer and enforce at any price.”
At the close of the day, the House online testimony portal showed the following results: 524 support, 624 opposed, and 1 neutral.
GSHE expects that HB 738 will receive an Inexpedient to Legislate (ITL) recommendation vote [to defeat the bill] out of committee. Their recommendation will move forward to the full House for a vote at a future session.
Read GSHE’s original article about HB 738 here.
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 – This is our Facebook 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 – This is GSHE’s video on 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.
