HB143 (2009) Detail

Relative to procedures for requesting a change of school for a child.


HB 143 – AS AMENDED BY THE HOUSE

24Mar2009… 0555h

2009 SESSION

09-0623

04/01

HOUSE BILL 143

AN ACT relative to procedures for requesting a change of school for a child.

SPONSORS: Rep. Casey, Rock 11

COMMITTEE: Education

ANALYSIS

This bill amends the procedure for requesting a change in school assignment.

This bill is a request of the committee to study the financial liability for placement of a child with a disability established in 2008, 276 (HB 765-FN).

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0555h

09-0623

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to procedures for requesting a change of school for a child.

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

1 School Attendance. Amend the section heading in RSA 193:3 to read as follows:

193:3 Change of School or Assignment[; Manifest Educational Hardship or Best Interest; Excusing Attendance].

2 New Paragraph; School Attendance. Amend RSA 193:3 by inserting after paragraph III the following new paragraph:

IV.(a) Any person having custody of a child may apply to enroll that child in a public school or public academy outside the school district in which the person and child reside. If the non- resident school district or public academy agrees to enroll the child it may charge tuition to the parent or resident school district.

(b) When a non-resident school district or public academy agrees to enroll a pupil as a unilateral parental assignment it shall immediately notify the resident school district of the name, date of birth, address and grade assignment of the pupil. The non-resident district or public academy shall provide the same notification to the resident school district at the beginning of each school year so long as the child is a pupil in the non resident district.

(c) No pupil shall be enrolled in a non-resident district prior to the execution of an agreement between the resident district and the non-resident district or public academy that allocates the program and financial responsibilities of both entities for the pupil in the event that the pupil is a child with a disability as defined in RSA 186-C:2, I, or a child that requires an accommodation under the Rehabilitation Act of 1973, as amended.

(d) The decision by a school district or a public academy to deny enrollment of a non-resident pupil shall not be based, in whole or in part, on whether such pupil is a child with a disability as defined in RSA 186-C:2, I, or a child that requires an accommodation under the Rehabilitation Act of 1973, as amended.

(e) The decision of a parent to enroll a child in a charter school shall not be subject to the provisions of this section.

3 Effective Date. This act shall take effect 60 days after its passage.