Open Enrollment Without Inclusion Is Not Choice
Open enrollment was rushed forward without a public hearing and without clear protections for students who rely on public schools the most. Families and districts are being asked to absorb a major systems change with more questions than answers.
Questions Lawmakers Must Answer
If a student enrolls in a public school that cannot meet their IEP, what happens next? A school choice does not create specialized staff, programs, or services where they do not already exist.
If a student needs an intensive supports program, can a family require the receiving district to create one, or will students face delays, denials, or forced returns to their home district?
More than 100 New Hampshire towns report zero English language learners. How will students receive legally required language instruction if they move into a district with no ELL programming or staff?
Sending districts remain legally responsible for special education services, even when students attend school elsewhere. How are districts expected to track progress, ensure compliance, and meet federal requirements when staff may need to travel across the state?
As funding and staff time are stretched across districts, fewer resources remain for inclusive education in local schools, weakening supports for all students. Why This Matters
Demand transparency, accountability, and real investment in inclusive neighborhood public schools.
- How will students with disabilities receive a Free and Appropriate Public Education?
If a student enrolls in a public school that cannot meet their IEP, what happens next? A school choice does not create specialized staff, programs, or services where they do not already exist.
- Can families require receiving districts to build needed programs?
If a student needs an intensive supports program, can a family require the receiving district to create one, or will students face delays, denials, or forced returns to their home district?
- How will English language learners receive required services?
More than 100 New Hampshire towns report zero English language learners. How will students receive legally required language instruction if they move into a district with no ELL programming or staff?
- How will compliance and accountability be maintained?
Sending districts remain legally responsible for special education services, even when students attend school elsewhere. How are districts expected to track progress, ensure compliance, and meet federal requirements when staff may need to travel across the state?
- What happens to students who stay in their neighborhood schools?
As funding and staff time are stretched across districts, fewer resources remain for inclusive education in local schools, weakening supports for all students. Why This Matters
- Open enrollment does not guarantee access to services
- It increases cost, coordination challenges, and legal risk
- It favors families with flexibility, time, and transportation
- It disrupts stable relationships that students rely on
- It weakens shared responsibility for inclusive public education
Demand transparency, accountability, and real investment in inclusive neighborhood public schools.
Title: (Second New Title) establishing a committee to study licensure of outpatient substance use disorder treatment facilities, authorizing parents to enroll their children in any public school in the state, and creating a limited exemption from parental consent required for certain recordings under the parental bill of rights.
Last Action
Ought to Pass with Amendment on the Remainder of the Bill and effective date, RC 16Y-8N, MA, OT3rdg; 01/29/2026; SJ 2
Senate • Jan 29, 2026Latest Version
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