The bill, HB 741-FN, amends existing laws to enhance school choice in New Hampshire by allowing parents to send their children to public schools outside of their resident district. Key changes include the modification of RSA 193:1, I, which now requires parents to ensure their children attend "a public school" instead of being limited to "the public school to which the child is assigned in the child's resident district." Additionally, the definition of "legal resident" in RSA 193:12, III is revised to indicate that a legal resident is someone domiciled in the state, rather than within a specific school district. The bill also clarifies that the commissioner of the department of education will only consider state residency when addressing residency issues.
Moreover, the bill establishes a framework for open enrollment policies, mandating that each school district create a policy allowing students to transfer among schools within the district or from other districts in the state, without requiring an application fee or tuition for nonresident pupils. It specifies that military-connected students will receive admission preference and outlines reasons for which a transfer application may be denied. The bill also modifies funding provisions to ensure no tuition charges for public school attendance, requiring the resident district to pay the receiving district a minimum of 80% of the average cost per pupil. The state board is tasked with adopting rules for the administration of open enrollment, with the bill set to take effect on January 1, 2026. The fiscal impact of the bill remains indeterminable, as the potential enrollment changes and their effects on state aid and local revenues are unclear.
Statutes affected: Introduced: 193:12, 194-D:1, 194-D:2, 194-D:5, 194-D:7