Revision: Feb. 1, 2012, midnight
HB 1325 – AS INTRODUCED
2012 SESSION
04/05
HOUSE BILL 1325
AN ACT relative to school attendance by children of divorced parents.
SPONSORS: Rep. Proulx, Hills 15
This bill provides that children of divorced parents may attend school in the school district in which either parent resides.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2012
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to school attendance by children of divorced parents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Attendance; Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:
(2) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides, however the child may attend school in the school district in which either parent resides. If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary residential responsibility or physical custody, however the child may attend school in the school district in which either parent resides. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire. If the court order is for equal or approximately equal periods of residential responsibility, the child’s legal residence for school attendance purposes shall be as stated in the order, provided that the child may attend school in the school district in which either parent resides. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28.
2 Effective Date. This act shall take effect 60 days after its passage.