HB 143 – AS AMENDED BY THE HOUSE
24Mar2009… 0555h
2009 SESSION
04/01
HOUSE BILL 143
AN ACT relative to procedures for requesting a change of school for a child.
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).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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.