SB 101- Open Enrollment

SB 101 would create a statewide open enrollment system in New Hampshire, allowing students to attend public schools outside of their home district. While this may expand options for some families, it also represents a significant shift in how public education is structured, funded, and delivered across the state. As written, the bill raises important unanswered questions about how this system will work in practice. This includes how districts determine capacity, how enrollment decisions are made, and how funding flows between communities. Under SB 101, a student’s home district would send a portion of its per-pupil funding to the receiving district, while still maintaining responsibility for certain costs—particularly special education services. This creates a situation where funding, service delivery, and accountability may not be aligned. These concerns are especially significant for students with disabilities. Federal and state law require that students with disabilities receive a Free Appropriate Public Education (FAPE), including the services and supports outlined in their Individualized Education Program (IEP). Those services depend on coordination, stability, and clear responsibility. When students move between districts—or when responsibility remains with one district while services are delivered in another—there is a risk of gaps in implementation, delays in services, and confusion about who is accountable. Transportation is another critical issue. For many students with disabilities, transportation is a required service in order to access education. However, under an open enrollment system, transportation may fall to families, raising concerns about whether access to education will depend on a family’s ability to provide or afford transportation. There are also broader equity concerns. Access to open enrollment may depend on factors like transportation, time, and financial resources. This raises questions about who can realistically take advantage of these options, and whether the system could unintentionally widen gaps between students and communities. As highlighted in recent discussions across the state, communities may experience different impacts depending on whether they gain or lose students, which can affect local funding, staffing, and programming.Finally, this bill has implications not just for students who choose to enroll elsewhere, but also for those who remain in their home districts. When funding follows students out of a district but fixed costs and legal obligations remain, schools may face increased pressure on staffing, programs, and services—including those required under special education law.SB 101 represents a major policy shift with long-term implications for students, families, and public education in New Hampshire. Before moving forward, it is critical that legislators fully address these questions and ensure that any system changes are implemented in a way that protects access, equity, and the rights of all students—especially students with disabilities. Your voice can help ensure these concerns are heard.