New HampshireNew Hampshire bill would let parents enroll children in any public school in the state
As introduced, this New Hampshire bill would have let parents send their children to public schools outside their home district, with the home district paying the receiving school. It died on the table.
What it does
Children could attend any public school in the state rather than only their assigned one, and residency questions would ask only whether the child lives in New Hampshire.
Every district would need an open enrollment policy, parents could apply to any school in the state with no fee, and districts would post openings and report transfer data.
Districts could turn down a transfer only for expulsion, discipline or absence history, or lack of space, and not for grade, needs, or achievement.
The home district would pay the receiving school its average cost per student. Parents would pay any higher tuition and handle transportation.
Argument forFamilies could pick a school that fits their child's needs without moving, since districts could deny transfers only for limited reasons.
Argument againstFamilies would arrange their own transportation and might owe extra tuition, which could limit who can use the option, and the cost to districts is unclear.
More detail
The bill would require children to attend "a public school" rather than the school assigned in their resident district, and would count a person as a legal resident of a district if they are domiciled in the state. For residency disputes, the education commissioner would consider only whether the child is a resident of the state. No school district could deny a pupil attendance or implementation of an existing individualized education program.
Each district would have to adopt an open enrollment policy allowing transfers within the district and from other districts, and a parent could apply to any school or district in the state, including to more than one school. Schools could not charge an application fee. Districts must post school and grade capacity and vacancies monthly, share curriculum and policy information, and report applications, acceptances, and denials to the state, which publishes the data. The bill would take effect January 1, 2026.
A district could deny a transfer application only if the student was expelled, has a documented history of significant discipline problems or chronic absenteeism, or the receiving district lacks capacity. A receiving school or district could not accept or reject an applicant based on grade or age, pupil needs, academic focus, aptitude, or academic or athletic achievement.
The student's resident district would pay the receiving district the resident district's average cost per pupil. If the receiving district's cost is lower, the resident district keeps the difference. If the receiving district's cost is higher, parents would pay the difference as tuition before each semester. Neither district would have to provide transportation for out-of-district pupils, though parents may take a child to a bus stop on the receiving school's route. Funding and decisions for children with disabilities would stay with the resident district. Transferring students would still count in the resident district's average daily membership.
Where do you stand?
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Where it stands
- Introduced
- Passed Senate
- Died on table
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 19Died on Table, Session ended 08/19/2026 HJ 16Died on table
- Apr 23Lay SB101 on Table (Rep. Sweeney): MA DV 320-32 04/23/2026 HJ 11 P. 47Minor
- Vote recorded OTPA. Result: fail.Lower
- Vote recorded Adopt Amendment. Result: fail.Lower
- Vote recorded Adopt Amendment. Result: pass.Lower
- Apr 23Ought to Pass with Amendment 2026-1451h: MF RC 168-184 04/23/2026 HJ 11 P. 45
- Apr 23Amendment # 2026-1455h: AF RC 169-184 04/23/2026 HJ 11 P. 42
- Apr 23Amendment # 2026-1451h (NT): AA RC 182-172 04/23/2026 HJ 11 P. 37
- Apr 15Minority Committee Report: Ought to Pass with Amendment # 2026-1455h (NT)
- Apr 15Majority Committee Report: Ought to Pass with Amendment # 2026-1451h (NT) 04/13/2026 (Vote 10-8; RC)Minor
- Apr 8==CANCELLED== Executive Session: 04/15/2026 10:00 am GP 232
- Apr 8==RECESSED== Executive Session: 04/13/2026 01:00 pm GP 232
- Apr 8Full Committee Work Session: 04/13/2026 10:30 am GP 232
- Mar 26==CONTINUED== Public Hearing: 04/01/2026 10:00 am GP 232
- Mar 17==RECESSED== Public Hearing: 03/25/2026 01:00 pm GP 232
- Feb 26Introduced (in recess of) 02/19/2026 and referred to Education Policy and Administration HJ 5 P. 124Minor
- Jan 29Ought to Pass with Amendment #2026-0194s, RC 14Y-10N, MA; OT3rdg; 01/29/2026; SJ 2Passed Senate
- Vote recorded Ought to Pass w/Amendment. Result: pass.Upper
- Vote recorded Committee Amendment. Result: pass.Upper
- Jan 29Without Objection, Sen. Birdsell Moved the Question, MA; 01/29/2026; SJ 2
- Jan 29Committee Amendment # 2026-0194s, RC 14Y-10N, AA; 01/29/2026; SJ 2
- Jan 21Committee Report: Ought to Pass with Amendment # 2026-0194s, 01/29/2026, Vote 6-1; SC 3 P. 3Minor
- Jan 14Hearing: 01/20/2026, Room 103, SH, 02:10 pm, on proposed non-germane amendment # 2026-0071s; SC 2Minor
- Jan 7Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 01/07/2026; SJ 1Minor
- Jan 7Sen. Lang Moved Ought to Pass; 01/07/2026; SJ 1
- Jan 7Inexpedient to Legislate, MF, VV; 01/07/2026; SJ 1
- Jan 7SB 101 was Removed from the Consent Calendar; 01/07/2026; SJ 1
- 2025
- Nov 25Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 01/07/2026; SC 46Minor
- Mar 13Rereferred to Committee, MA, VV; 03/13/2025; SJ 7Minor
- Mar 7Committee Report: Rereferred to Committee, 03/13/2025; Vote 5-0; CC; SC 12
- Jan 23Hearing: 01/28/2025, Room 101, LOB, 10:30 am; SC 7
- Jan 22Introduced 01/09/2025 and Referred to Education; SJ 3Introduced
Education