The bill SB 101-FN amends existing laws to facilitate open enrollment in public schools across New Hampshire, allowing parents to enroll their children in any public school regardless of their resident district. It introduces a limited exemption from the parental consent requirement for certain assessments and school-sponsored events that are open to the public. The definition of "legal resident" is modified to establish residency based on being domiciled in the state rather than a specific school district, and residency disputes will only consider whether the child is a resident of New Hampshire. Additionally, the bill mandates that each school district create an open enrollment policy, determine and publicly post school capacities, and report annually on transfer applications and outcomes.

The bill also revises the funding structure for students attending open enrollment schools, requiring sending districts to pay receiving districts between 80% and 100% of the average cost per pupil, with provisions for lower rates if justified. It clarifies that if the average cost per pupil in the resident district is lower than that of the receiving district, the difference will be charged as tuition to the parents or guardians. Furthermore, it introduces new definitions related to parental rights and consent for recordings, repeals existing limitations on pupil selection and enrollment procedures, and requires the Department of Education to publish annual data and apply for federal funding for open enrollment schools. The bill is set to take effect on July 1, 2026, with certain sections effective upon passage, and its fiscal impact remains indeterminable due to uncertainties regarding student enrollment choices.

Statutes affected:
Introduced: 193:12, 194-D:1, 194-D:2, 194-D:5, 194-D:7
SB101 text: 193:12, 194-D:1, 194-D:2, 194-D:5, 194-D:7