Home/States/New Hampshire

Microschool laws in New Hampshire

Yes. New Hampshire recognizes 2 legal pathways for families and 5 of 7 operator models are viable. Private (nonpublic) schools are regulated by NH DOE under Ed 400, with the base pathway being "Attendance Purposes (AA)" approval — the state does not prescribe curriculum or set staff minimum qualifications (RSA 194:23-a)

State knowledge, compiled from primary sources✓ Current
31 primary sources cited·Last refresh May 6, 2026·Next review June 3, 2026
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Informational only, not legal advice. The MicroSchool Lab is not a law firm. State laws change; verify state-specific details with the cited primary source before making legal or financial decisions.

For founders

How can I run a microschool in New Hampshire?

New Hampshire recognizes 7 canonical operator models. Each has different legal compliance pathways, capital requirements, and family relationships. Choose the one that fits your team. You can change later, but the legal mechanics differ enough that the choice shapes facility planning and scholarship eligibility.

Independent Private School

Viable

An approved-nonpublic-school model where your program takes legal responsibility for enrolled students. You pursue Ed 403 Attendance-Purposes approval with NH DOE (or full Ed 404 Program Approval if you want additional state recognition), and families satisfy compulsory attendance by enrolling with you. This model is eligible to receive EFA funds and to participate as a scholarship school under the NH Education Tax Credit Program.

Top requirements

  • Form entity with the NH Secretary of State (LLC or nonprofit corporation) at https://sos.nh.gov.
  • Register with the NH Department of Revenue Administration for applicable business taxes (BPT/BET) at https://www.revenue.nh.gov.
  • Apply for Ed 403 Attendance Purposes (AA) approval with the NH DOE Office of Nonpublic Schools before enrolling compulsory-age students.

Watch for

  • Ed 403 (Attendance Purposes) is lighter-touch than Ed 404 (Program Approval); most microschools can start with AA and upgrade later. Do not assume AA is "full accreditation" — it is not, and public districts are not required to accept your credits on transfer without a separate approval or accreditation.
  • NH approval does NOT satisfy SEVP (F-1 international students) certification — that is a separate federal process.

Homeschool Cooperative

Viable

A shared-resource model where each family retains legal responsibility under RSA 193-A. You provide instruction, space, and curriculum support; each family files their own notification within 5 business days of starting, does their own annual evaluation by July 1, and maintains their own 2-year portfolio. You do NOT hold attendance-purposes approval and should not market as a school.

Top requirements

  • Form entity (LLC typical) with NH Secretary of State at https://sos.nh.gov.
  • Document the model in writing with each family: each family files its own RSA 193-A notification with a participating agency, maintains its own portfolio, and completes its own annual evaluation.
  • Do NOT issue transcripts, report cards, or diplomas — that would signal private-school operation.

Watch for

  • Marketing as a "school" or issuing school-style records can reclassify you as a private school — at which point NH DOE approval becomes mandatory and you are exposed to enforcement under RSA 193:1.
  • Co-ops cannot receive EFA funds for instruction delivered to students who are in home-instruction status (EFA recipients are not in home-instruction status during the funded year).

Certified Tutor Practice

Not viable

NH does not provide a standalone "certified tutor" satisfier equivalent to Virginia's § 22.1-254(A) certified-tutor option. The only recognized satisfiers under RSA 193:1 are public-school attendance, approved nonpublic-school attendance, and home education under RSA 193-A. A tutor-only arrangement must operate under one of those wrappers — typically as an approved nonpublic school (if the tutor is the program of instruction for the child) or as a home-education support service (with the parent filing the RSA 193-A notification).

Religious Community School

Viable

A faith-integrated nonpublic school operates under the same Ed 400 approval pathway as a secular school — there is no separate "religious school" satisfier and no state religious-exemption statute. Accreditation via a recognized agency (e.g., ACSI via Ed 405) is an alternative path to Ed 403/404 approval.

Top requirements

  • Same as Independent Private School: Ed 403 Attendance-Purposes approval OR Ed 405 approval via a recognized accrediting agency (ACSI is commonly used by Christian schools).
  • No state curriculum review; religious content may be fully integrated.
  • Standard business entity registration with NH Secretary of State; 501(c)(3) optional but common for church-affiliated schools.

Watch for

  • There is no NH statutory religious exemption from compulsory attendance — families cannot skip approval by citing religion. The school itself must still hold Ed 400 approval (or sit under a recognized accreditor per Ed 405).
  • Ed 405 accreditation is more rigorous than Ed 403 approval; budget for the accreditation fees and renewal cycle.

Childcare Preschool Program

Viable

A pre-compulsory-age program for children under 6 regulated by NH DHHS Child Care Licensing Unit (CCLU) under RSA 170-E and He-C 4002. Thresholds: Family Child Care Home ≤6 unrelated children; Family Group Child Care Home 7–12; Group Child Care Center 13+. Licensing fees, staff-child ratios, training, and background checks apply. If your program serves any child at compulsory-attendance age (6+), that child needs a separate RSA 193:1 satisfier.

Top requirements

  • Determine program type by enrollment: Family Child Care Home (≤6), Family Group Child Care Home (7–12), or Group Child Care Center (13+).
  • Apply for license with DHHS CCLU under RSA 170-E and He-C 4002 at https://www.dhhs.nh.gov/programs-services/childcare-parenting-childbirth/child-care-licensing.
  • Complete background checks (criminal and child-abuse/neglect registry) for all staff and household members.

Watch for

  • Childcare licensing is a completely different regulatory universe from K–12 approval — do not assume Ed 400 approval covers a preschool component and vice versa.
  • If your preschool enrolls 5-year-olds in what you call "kindergarten," and any of those children turn 6 during the year, they must have a compulsory-attendance satisfier for the remainder of the year.

Hybrid University Model

Viable

A 2–3 day per week on-site program where families remain in home-education status under RSA 193-A. The family files its own notification with a participating agency, does its own annual evaluation, and treats your program as a shared learning resource on the on-site days. Same rules as a homeschool co-op; the scheduling pattern is the only structural difference.

Top requirements

  • Same as Homeschool Cooperative: families file their own RSA 193-A notifications, maintain portfolios, and complete annual evaluations.
  • Schedule 2–3 days on-site per week; families direct instruction on at-home days.
  • Written family agreement documenting the split-schedule arrangement and who is legally responsible (the parent).

Watch for

  • If you schedule 4–5 days per week and direct the full curriculum, you are de facto a nonpublic school — at which point Ed 400 approval is required.
  • EFA eligibility does NOT extend to students who remain in home-instruction status; EFA students are enrolled directly with a participating school or use funds for approved providers/curriculum.

Umbrella School Satellite

Not viable

NH does not have an umbrella-school statutory framework. Ed 400 approval applies to the nonpublic school as an entity, not to satellite sites operating under another school's approval. A satellite that enrolls compulsory-age students would need to obtain its own Ed 400 approval (or Ed 405 approval via a recognized accreditor). Operators seeking umbrella-style simplicity should use the homeschool-cooperative model instead.

For families

What programs help families pay for tuition?

New Hampshire funds private school tuition through 2 state programs.

Education Savings Accounts

New Hampshire Education Freedom Account (EFA) Program

EFA

NH's universal K–12 Education Freedom Account program. Originally enacted in 2021 with income caps, the program was made UNIVERSAL on June 10, 2025 via SB 295 (signed by Governor Kelly Ayotte). Students receive a state grant equal to the per-pupil adequacy amount (a minimum of $4,265.64 for the 2025–26 year, higher for differentiated aid categories). Funds may be used for tuition at a participating nonpublic school, tutoring, curriculum, approved therapies, and other approved education expenses. Administered by the Children's Scholarship Fund NH under contract with NH DOE.

Family eligibility (3 criteria)
  • Any K–12 student who is a NH resident and is eligible for enrollment in NH public schools.
  • As of 2025–26, NO household income cap (program went universal via SB 295 on June 10, 2025).
  • Priority categories (enroll outside the 10,000 non-priority cap): currently enrolled EFA students, siblings of current EFA students, students with a disability under RSA 186-C:2, and students with family income ≤350% FPL.
School eligibility (4 criteria)
  • To accept EFA tuition payments, a nonpublic school must be approved by NH DOE (Ed 403 Attendance Purposes or higher) OR operate under Ed 405 accreditation.
  • Register as a participating Education Service Provider with the Children's Scholarship Fund NH (program administrator) and meet their vendor-enrollment and audit requirements.
  • Maintain accurate attendance, invoice directly to the family's EFA account, and comply with Title VI nondiscrimination.
  • Retain enrollment and attendance documentation for state audit (CSF NH and NH DOE audit participating schools).
Tax-Credit Scholarships
85%

New Hampshire Education Tax Credit Program

NHETCP

NH's state-level scholarship tax credit program, established 2012 under RSA 77-G. Business organizations (BPT/BET taxpayers) and individuals (I&D taxpayers) receive a credit equal to 85% of a donation to an approved scholarship organization. Scholarships go to K–12 students attending participating nonpublic schools or in home-education status. Maximum individual donation linked to the taxpayer's I&D liability; maximum business donation is $600,000 per donor per year (with an overall program cap set annually).

Family eligibility (2 criteria)
  • Student family income at or below 300% of the federal poverty guidelines OR the student is entering kindergarten/first grade OR the student is a prior scholarship recipient.
  • Scholarship funds may be used for tuition at an approved nonpublic school OR for home-education expenses.
School eligibility (3 criteria)
  • Scholarship funds flow through the approved scholarship organization (Children's Scholarship Fund NH is the primary operator) — schools do not apply for NHETCP directly.
  • Participating schools typically need to be Ed 400 approved (Attendance Purposes or higher) to receive scholarship payments as tuition.
  • Maintain nondiscrimination compliance and scholarship-use documentation for audit.

Family-side compliance

How families satisfy compulsory attendance

New Hampshire recognizes 2 legal pathways for families to satisfy compulsory attendance. The pathway determines who's legally on the hook (your microschool, the parent, or both) and shapes the operator model you should use.

Private School

RSA 193:1, RSA 194:23-a, N.H. Admin. Code Ed 400

A child may satisfy compulsory attendance by attending an "approved" New Hampshire nonpublic school. The state recognizes multiple approval categories under Ed 400 — the simplest and most common for microschools is "Attendance Purposes (AA)" approval under Ed 403, which allows a school to be counted for compulsory attendance without meeting the more rigorous Program Approval standards. NH does not prescribe curriculum or staff qualifications for nonpublic schools (RSA 194:23-a), but a school must be approved by the NH DOE Nonpublic School Approval Office or approved through a recognized accrediting agency under Ed 405.

Home Instruction

RSA 193-A; N.H. Admin. Code Ed 315

A parent may educate their own child at home to satisfy compulsory attendance. The family files a one-time written notification with a "participating agency" (the resident district superintendent, the Commissioner of Education, OR an approved NH nonpublic school) within 5 business days of commencing home instruction. Unlike many states, NH requires annual end-of-year evaluation (standardized test, portfolio review by a qualified evaluator, OR other mutually agreed method) and parents must keep a portfolio for at least 2 years. Families retain full legal responsibility; a microschool supporting home-education families is NOT the legally responsible party.

Licensing triggers

When does New Hampshire require a state license?

New Hampshire imposes 2 state license requirements that may apply to your microschool. Most general microschools never trigger them.

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Operating a program that primarily serves students with disabilities (approved private provider of special education)

N.H. Admin. Code Ed 1100 (Part Ed 1114 — Standards for Approval of Private Providers of Special Education and Non-LEA Programs)

A program serving students with disabilities under IEPs issued by NH LEAs must obtain "Approved Private Provider" status from NH DOE. Application includes evidence of qualified special-education staff, facility/health/safety documentation, IEP implementation capacity, and agreement to cyclical monitoring by NH DOE (on-site review, random sampling, application review during the last year of the approval cycle).

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Operating a childcare/preschool for children under compulsory age (pre-K) above the family-home exemption threshold

RSA 170-E; N.H. Admin. Code He-C 4002

DHHS Child Care Licensing Unit license required once program serves unrelated children above the Family Child Care Home threshold (6) or operates in a non-residential setting. Apply at the NH DHHS Child Care Licensing portal; complete background checks, staff-ratio verification, facility inspection, and pay licensing fees. License is renewed on a 3-year cycle with annual unannounced compliance visits.

Ready to plan your New Hampshire microschool?

Plan it. Local market research, tuition and capacity modeling, financials, and your pre-launch checklist.

Run it. Enrollment pipeline, family records, attendance, gradebook, parent messaging, billing and collections, and monthly close.

Verification

Primary sources

Every claim on this page traces to a primary source. The full list of state code sections, regulatory citations, and government program pages cited:

All sources cited (31)