SB 97-FN - AS INTRODUCED
2025 SESSION
25-0989
02/08
SENATE BILL 97-FN
AN ACT relative to intra-district public school transfers.
SPONSORS: Sen. Sullivan, Dist 18; Sen. Pearl, Dist 17; Rep. Layon, Rock. 13
COMMITTEE: Education
-----------------------------------------------------------------
ANALYSIS
This bill authorizes parents to transfer their children to other schools within their resident district as long as such school has the capacity to accommodate the student.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0989
02/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to intra-district public school transfers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Change of School or Assignment; Best Interest of Student. Amend RSA 193:3, I to read as follows:
I.(a) The parent or guardian of a student may apply to the superintendent of the student's district of residence [if the parent or guardian believes it would be in the best interest of the student] to change the student's school or assignment to another specific public school, public academy, or an approved private school within the district. The parent or guardian of a student may also apply to the superintendent of the student's district of residence if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment to another public school, public academy, or an approved private school which is outside the district. Unless the student is experiencing a manifest educational hardship, applications pursuant to this paragraph shall be made no later than July 1 for the upcoming school year.
(b) [Upon such request] For requests to change assignments to schools outside the district, or for requests made after July 1 for the upcoming school year, the superintendent shall schedule a meeting with the parent or guardian, to be held within 10 days of the request.
(c) Prior to or at such meeting, the parent or guardian shall make a specific request that the student be re-assigned by the school board to another public school, public academy, or an approved private school within the district or to a public school, public academy, or an approved private school in another district.
(d) At such meeting, the parent or guardian may present documents, witnesses, or other relevant evidence supporting the parent's belief that it is in the best interest of the student to change the student's school or assignment. The superintendent may present such information as he or she deems appropriate.
(e) In determining whether to authorize a request to transfer to another school within the district, the superintendent shall consider only whether the specifically requested school has the ability to accommodate the student based on teacher to student ratio and existing school capacity. In determining whether it is in the best interest of the student to change the student's school or assignment to a school outside the district, the superintendent shall consider the student's academic, physical, personal, or social needs.
(f) If the superintendent finds it is in the best of the interest of the student to change the student's school or assignment to a school outside the district, or finds the requested school in district has the ability to accommodate the student, the superintendent shall initiate:
(1) A change of assignment within the student's current assigned school;
(2) The student's transfer to another public school or public academy within the district of residence; or
(3) The student's transfer to a public school, public academy, or an approved private school in another district.
(g) If a student is reassigned [as a result of a best interest determination] to a public school or public academy, the superintendents or administrators involved in the reassignment shall jointly establish a tuition rate for such student. Some or all of the tuition may be waived by the superintendent of the receiving district for good cause shown or pursuant to school board policy of the receiving district. The school board of the student's district of residence shall approve the payment of tuition upon the superintendent's finding that is in the best interest of the student to be reassigned. Transportation shall be the responsibility of the parent or legal guardian.
(h) If the student is reassigned as the result of a best interest determination to an approved private school, the private school may charge tuition to the parent or may enter into an agreement for payment of tuition with the school district in which the child resides.
(i) If the superintendent does not find that it is in the best interest of the student to change the student's school or assignment to a school outside the district, or finds that the requested school in district is unable to accommodate the student, the parent or guardian may request a hearing with the school board of residence to determine if the student is experiencing a manifest educational hardship under paragraph II.
2 Effective Date. This act shall take effect July 1, 2025.
25-0989
1/20/25
SB 97-FN- FISCAL NOTEAS INTRODUCED
AN ACT relative to intra-district public school transfers.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Education. The Department was contacted on 1/17/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Department of Education
| Date | Body | Type |
|---|---|---|
| Jan. 28, 2025 | Senate | Hearing |
Jan. 23, 2025: Hearing: 01/28/2025, Room 101, LOB, 09:50 am; SC 7
Jan. 22, 2025: Introduced 01/09/2025 and Referred to Education; SJ 3