Bill Text - HB1325 (2012)

(2nd New Title) relative to legal residency requirements for purposes of school attendance for children of divorced parents.


Revision: June 22, 2012, midnight

CHAPTER 257

HB 1325 – FINAL VERSION

1Feb2012… 0307h

28Mar2012… 1334h

05/16/12 2145s

6June2012… 2449CofC

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.

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.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

28Mar2012… 1334h

05/16/12 2145s

6June2012… 2449CofC

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.

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

257:1 School Attendance; Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:

(2)(A) 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. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child’s legal residence for school attendance purposes may be the school district in which either parent resides, provided the parents agree in writing to the district the child will attend and each parent furnishes a copy of the agreement to the school district in which the parent resides. The parents shall update their parenting plan to reflect this agreement. 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. 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. 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.

(B) 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.

257:2 Effective Date. This act shall take effect upon its passage.

Approved: June 18, 2012

Effective Date: June 18, 2012

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