SB 101- Open Enrollment

SB 101 would make a major change to how public education works in New Hampshire, but there are still too many unanswered questions about how it will impact students with disabilities. Even with recent changes, the bill allows schools to deny students based on capacity, discipline, and attendance. In other states, those same categories have been used to disproportionately turn away students with disabilities, even when discrimination is technically prohibited. We have seen this pattern already. Students with disabilities are denied at higher rates. Schools cite “no space” or “not enough resources.” Families are left without options. SB 101 does not clearly define these terms, does not require tracking disability-based denials, and does not create strong oversight or accountability. That means discrimination can happen without being seen, measured, or addressed. This is not just a policy issue. This is about whether every student has a real and equal opportunity to access public education. Contacting your legislator matters because decisions are being made right now. Lawmakers need to hear that this bill is not ready and that it should be moved to a study commission so these issues can be fully addressed before implementation. We have one chance to get this right.

NH2026SB 101

Title: (Second New Title) authorizing parents to enroll their children in any public school in the state.

Last Action

Died on Table, Session ended 08/19/2026 HJ 16

House • Aug 20, 2026

Latest Version

As Amended by the House

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Your Message to the legislators

Dear (name and title inserted automatically),

I am writing to ask you to oppose SB 101 in its current form and support moving it to a study commission.

SB 101 would make a major change to how public education works in New Hampshire, but there are still too many unanswered questions, especially for students with disabilities. Evidence from other states shows that these gaps are not theoretical. They lead to real and measurable discrimination.

In Wisconsin, districts rejected 40% of open enrollment applications from students with disabilities, compared to just 14% of students without disabilities.

In Nebraska, students with IEPs made up 38% of denials while only representing 17% of the student population.

In Oklahoma, 466 students were denied transfers specifically because schools lacked programs or services for their disability, more than all behavioral denials combined.

In Colorado, a formal federal civil rights complaint alleges that open enrollment policies allow districts to use reasons like “capacity” or “lack of resources” as a way to turn away students with disabilities.

These patterns happen even in states that include non-discrimination language. That is because terms like capacity, discipline, and absenteeism can function as proxies for disability when they are not clearly defined or monitored.

SB 101 still allows denials based on these same vague criteria. It does not require tracking disability-based denials, and it does not create strong oversight or accountability. That means discrimination can happen without being seen or addressed.

This is not just a policy issue. This is about whether every student has a real and equal opportunity to access public education.

New Hampshire should take the time to get this right. I urge you to support moving SB 101 to a study commission so these issues can be fully addressed before implementation.

Thank you for your time and consideration.

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