Bill Text - HB1325 (2012)

(New Title) relative to legal residency requirements for purposes of school attendance for children of divorced parents and children whose parents share decision making responsibility pursuant to a parenting plan.


Revision: Feb. 2, 2012, midnight

HB 1325 – AS AMENDED BY THE HOUSE

1Feb2012… 0307h

2012 SESSION

12-2012

04/05

HOUSE BILL 1325

AN ACT relative to legal residency requirements for purposes of school attendance for children of divorced parents and children whose parents share decision making responsibility pursuant to a parenting plan.

SPONSORS: Rep. Proulx, Hills 15

COMMITTEE: Education

AMENDED ANALYSIS

This bill revises the legal residency requirements for purposes of school attendance for children of divorced parents and children whose parents share decision making responsibility pursuant to a parenting plan.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

1Feb2012… 0307h

12-2012

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to legal residency requirements for purposes of school attendance for children of divorced parents and children whose parents share decision making responsibility pursuant to a parenting plan.

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, or parenting plan developed pursuant to RSA 461-A, 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] residential responsibility 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. Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the school district in which the child resides or beyond the geographical limits of the school district in which the child resides.

2 Effective Date. This act shall take effect upon its passage.

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