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New Hampshire

April 12, 2013

On the Case:

HSLDA Files Amicus Brief in Homeschool Scholarship Case


Staff Attorney Mike Donnelly helps defend homeschool freedom in New Hampshire.

Staff Attorney Darren Jones is a member of HSLDA’s litigation team.

On March 5, 2013, Home School Legal Defense Association filed an amicus brief in support of New Hampshire homeschoolers in the case of Duncan, et al v. State of New Hampshire.

In 2012, New Hampshire passed Senate Bill 372, allowing homeschool students to receive scholarships funded by businesses which can in turn claim credit on their state taxes. The passage of Senate Bill 372 made New Hampshire the first state to include homeschoolers in its law on scholarship organizations (known in other states as scholarship tuition organizations).

The American Civil Liberties Union filed a lawsuit against the new law, claiming it violates the separation of church and state because, according to the ACLU, scholarship money to private and homeschools is government support of religious instruction. In opposition to the ACLU, HSLDA argued in support of the tax credit scholarships with an amicus brief, focusing on the history of homeschooling in New Hampshire and its diverse community. You can read our brief here.

Several other states have tax credit laws that are favorable to homeschoolers. Minnesota and Louisiana both allow homeschoolers to claim credits for homeschooling expenses.

As homeschooling has grown, the challenges facing homeschoolers has diversified. We invite you to support us while we support homeschooling on ever-changing front lines. Join today!