Amendment 2026-0194s to SB101 (2026)

(New Title) authorizing parents to enroll their children in any public school in the state and creating a limited exemption from parental consent required for certain recordings under the parental bill of rights.


Revision: Jan. 21, 2026, 12:52 p.m.

Senate Finance

January 21, 2026

2026-0194s

05/07

 

 

Amendment to SB 101-FN

 

Amend the title of the bill by replacing it with the following:  

 

AN ACT authorizing parents to enroll their children in any public school in the state and creating a limited exemption from parental consent required for certain recordings under the parental bill of rights.

 

Amend RSA 194-D:5, I as inserted by section 7 of the bill by replacing it with the following:  

 

I.  There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district.  For an open enrollment school authorized by a receiving school district, the pupil's sending district shall pay the receiving district an amount equal to not less than 80 percent and not greater than 100 percent of the sending district's average cost per pupil as determined by the department of education using the most recent available data as reported by the sending district to the department, pursuant to RSA 189:75, I(c), in addition to special education expenses.  Sending districts may pay less than 100 percent of the sending district’s average cost per pupil provided that the sending district demonstrates the need for a lower tuition rate relative to fixed costs.  If the transferring student's resident district average cost per pupil is less than the receiving district's average cost per pupil, such difference shall be charged as tuition and paid by the pupil's parents or guardians to the receiving district prior to the start of each semester.

 

Amend the bill by replacing all after section 8 with the following:  

 

9  New Paragraph; Parental Bill of Rights; Definitions Added.  Amend RSA 189-B:2 by inserting after paragraph VI the following new paragraphs:  

VII.  “Open to the general public” means an event that is generally open to parents, guardians, family, and members of the community, including events for which attendance may require registration, ticketing, or invitation for admission due to space, security, or other concerns.  

VIII.  “Required assessment” means any standardized assessment that is required by state or federal statute or regulation.  

10  Parental Rights; Consent to Recording; Limited Exemption for Required Assessments and Events Open to the General Public.  Amend RSA 189-B:4, I(p) to read as follows:  

(p)  To consent in writing before the state or any of its political subdivisions, including, without limitation, any school pursuant also to the provisions of RSA 189:68, III-V, makes a video or voice recording, unless such recording is made during or as part of a court proceeding or part of a forensic interview in a criminal or other investigation by the bureau of child protective services or it is to be used solely for the purpose of a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles, or such recording is made as a component of the administration of a required assessment or is made during a school-sponsored event that is open to the general public.  

11  Repeal.  The following are repealed:  

I.  RSA 194-D:3, relative to limitations on procedure for adoption and rescission.

II.  RSA 194-D:4, relative to pupil selection and enrollment.

12  Effective Date.

I.  Sections 9 and 10 of this act shall take effect upon its passage.

II.  The remainder of this act shall take effect July 1, 2026.

2026-0194s

AMENDED ANALYSIS

 

This bill:

 

I.  Allows parents to send their children to public schools outside of their resident district.

 

II.  Creates a limited exemption from the consent requirement under the parental bill of rights for required assessments and school-sponsored events open to the general public.