New Hampshire HB 741: allowing parents to send their children to any school district they choose.

Bill Text

HB 741-FN - AS AMENDED BY THE HOUSE

27Mar2025... 0336h

2025 SESSION

 25-0782

 02/05

HOUSE BILL 741-FN

AN ACT allowing parents to send their children to any school district they choose.

SPONSORS: Rep. Cordelli, Carr. 7; Rep. Terry, Belk. 7; Sen. Murphy, Dist 16; Sen. Sullivan, Dist 18

COMMITTEE: Education Policy and Administration 

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ANALYSIS

 This bill allows parents to send their children to public schools outside of their resident district.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2025... 0336h 25-0782

 02/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT allowing parents to send their children to any school district they choose.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Duty of Parent; Compulsory Attendance by Pupil. Amend the introductory paragraph of RSA 193:1, I to read as follows:

 I. A parent of any child at least 6 years of age and under 18 years of age shall cause such child to attend [the] a public school [to which the child is assigned in the child's resident district]. Such child shall attend full time when such school is in session unless: 

 2 School Attendance; Legal Residence Required. Amend RSA 193:12, III to read as follows:

 III. For the purposes of this title, "legal resident" of a school district means a natural person who is domiciled in the [school district] state and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent. A married person may have a domicile independent of the domicile of his or her spouse. [If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time.] A person may have only one legal residence at a given time. 

 3 School Attendance; Legal Residence Required. Amend RSA 193:12, VI(a) to read as follows:

 (a) The commissioner of the department of education, or designee, shall decide residency issues for all pupils, excluding homeless children and youths, in accordance with this section. [If more than one school district is involved in a residency dispute, or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision. In those instances when an agreement cannot be reached, the commissioner of the department of education, or designee, shall make a determination within 30 days of notice of the residency dispute and such determination shall be final. If the unresolved residency dispute has resulted in an interruption of educational or related services, or such an interruption is likely to occur if the determination cannot be made before the expiration of 30 days, the determination shall be made within 14 days. With the agreement of the school districts involved and of the minor child's parent or legal representative, the time for determination of the residency dispute may be extended. Residency disputes may be submitted to the commissioner for determination by a school district involved in a dispute. In cases where the failure to resolve a residency dispute has resulted in or is likely to result in the interruption of educational or related services, a minor child's parent or legal representative may submit a residency dispute for determination to the commissioner. In all cases, all parties with an interest in the dispute shall be notified of the pendency of the proceedings, shall have an opportunity to review all information provided to the commissioner, and shall have an opportunity to present facts and legal arguments to the commissioner.] When addressing residency issues, the only question the commissioner shall consider is whether the child is a resident of the state. The commissioner's decision, including a written explanation for that decision, shall be provided to the parties of record and a copy of such explanation shall be kept on file by the department of education. No school district shall deny a pupil attendance or implementation of an existing individualized education program. 

 4 Open Enrollment Schools; Definitions; Open Enrollment Public School. Amend RSA 194-D:1, I to read as follows:

 I. "Open enrollment public school" or "open enrollment school" means any public school [which, in addition to providing educational services to pupils]