New Hampshire Revised Statutes 193:1 – Duty of Parent; Compulsory Attendance by Pupil
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I. A parent of any child at least 6 years of age and under 18 years of age shall cause such child to attend the public school to which the child is assigned in the child’s resident district. Such child shall attend full time when such school is in session unless:
(a) The child is attending a New Hampshire public school outside the district to which the child is assigned or an approved New Hampshire private school for the same time;
(b) The child is receiving home education pursuant to N.H. Rev. Stat. Chapter 193-A and is therefore exempt from this requirement;
(c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of the parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student’s educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under N.H. Rev. Stat. § 186-C:18 and adequate education grants under N.H. Rev. Stat. § 198:41;
(d) The child is attending a public or private school located in another state which has been approved by the state education agency of the state in which the school is located, or is attending a private school located in New Hampshire that is approved as a school tuition program by the school board pursuant to N.H. Rev. Stat. § 193:3, VII;
(e) The pupil has been exempted from attendance pursuant to N.H. Rev. Stat. § 193:5;
(f) The pupil has successfully completed all requirements for graduation and the school district is prepared to issue a diploma or the pupil has successfully achieved the equivalent of a high school diploma by either:
(1) Obtaining a high school equivalency certificate; or
(2) Documenting the completion of a home school program at the high school level by submitting a certificate or letter to the department of education;
(g) The pupil has been accepted into an accredited postsecondary education program;
(h) The pupil obtains a waiver from the superintendent, which shall only be granted upon proof that the pupil is 16 years of age or older and has an alternative learning plan for obtaining either a high school diploma or its equivalent.
(1) Alternative learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but are not limited to, such components or combination of components of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and on-line courses.
(2) Alternative learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal and at least one parent or guardian of the pupil, and submitted to the school district superintendent for approval.
(3) If the superintendent does not approve the alternative learning plan, the parent or guardian of the pupil may appeal such decision to the local school board. A parent or guardian may appeal the decision of the local school board to the state board of education consistent with the provisions of N.H. Rev. Stat. § 21-N:11, III; or
(i) The pupil is enrolled in the education freedom account program pursuant to N.H. Rev. Stat. Chapter 194-F and is therefore exempt from this requirement.
II. A child who reaches the sixth birthday after September 30 shall not be required to attend school under the provisions of this section until the following school year.
III. In this section, “parent” means a parent, guardian, or person having legal custody of a child.
IV. [Repealed].
(a) The child is attending a New Hampshire public school outside the district to which the child is assigned or an approved New Hampshire private school for the same time;
Terms Used In New Hampshire Revised Statutes 193:1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) The child is receiving home education pursuant to N.H. Rev. Stat. Chapter 193-A and is therefore exempt from this requirement;
(c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of the parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student’s educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under N.H. Rev. Stat. § 186-C:18 and adequate education grants under N.H. Rev. Stat. § 198:41;
(d) The child is attending a public or private school located in another state which has been approved by the state education agency of the state in which the school is located, or is attending a private school located in New Hampshire that is approved as a school tuition program by the school board pursuant to N.H. Rev. Stat. § 193:3, VII;
(e) The pupil has been exempted from attendance pursuant to N.H. Rev. Stat. § 193:5;
(f) The pupil has successfully completed all requirements for graduation and the school district is prepared to issue a diploma or the pupil has successfully achieved the equivalent of a high school diploma by either:
(1) Obtaining a high school equivalency certificate; or
(2) Documenting the completion of a home school program at the high school level by submitting a certificate or letter to the department of education;
(g) The pupil has been accepted into an accredited postsecondary education program;
(h) The pupil obtains a waiver from the superintendent, which shall only be granted upon proof that the pupil is 16 years of age or older and has an alternative learning plan for obtaining either a high school diploma or its equivalent.
(1) Alternative learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil’s interests and manner of learning. These plans may include, but are not limited to, such components or combination of components of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and on-line courses.
(2) Alternative learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal and at least one parent or guardian of the pupil, and submitted to the school district superintendent for approval.
(3) If the superintendent does not approve the alternative learning plan, the parent or guardian of the pupil may appeal such decision to the local school board. A parent or guardian may appeal the decision of the local school board to the state board of education consistent with the provisions of N.H. Rev. Stat. § 21-N:11, III; or
(i) The pupil is enrolled in the education freedom account program pursuant to N.H. Rev. Stat. Chapter 194-F and is therefore exempt from this requirement.
II. A child who reaches the sixth birthday after September 30 shall not be required to attend school under the provisions of this section until the following school year.
III. In this section, “parent” means a parent, guardian, or person having legal custody of a child.
IV. [Repealed].