HB 441-FN-LOCAL is a legislative proposal aimed at removing residency requirements for public school attendance, allowing parents to enroll their children in any public school, not just the one assigned based on their district of residence. The bill amends RSA 193:1, I by deleting the mandate for a child to attend their resident district's public school and instead allows parents to send their child to "a" public school of their choice. It also revises RSA 193:3, I through IV, simplifying the process for parents to request a school change for their child's best interest, shifting decision-making from the school board to the superintendent, and ensuring that no tuition is charged to parents for such reassignments. The bill includes provisions for cases of "manifest educational hardship" and sets the burden of proof on the superintendent to show the absence of such hardship.

Furthermore, the bill outlines that students must meet the admission requirements of the new school without discrimination based on residence, allows for enrollment applications by any person with custody of a child, and prohibits denial of enrollment based on disabilities. It redefines "legal resident" for school attendance, includes provisions for homeless children, and mandates the Commissioner of the Department of Education to resolve residency disputes, with an option for court appeals. The bill also prohibits discrimination in public schools based on various characteristics, including residence within the state, and permits civil actions against discriminatory practices. The fiscal note indicates no immediate state or county financial impact, but the local fiscal impact is indeterminable. The bill is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 193:3, 193:38