There is more clarity this week about so-called open enrollment legislation that would allow New Hampshire students to attend public schools outside their districts.
According to the state Department of Education, a student’s home district would still have to pay their special education costs if they enrolled outside the district.
But their new district would have to pick up costs for accommodations required under a different disability protection known as Section 504. Those protections often relate to things like health conditions, attention deficit and hyperactivity disorder, vision needs, and emotional disturbances.
The newest bill would also prohibit school districts from rejecting students for disciplinary issues if their infractions were related to a disability. Districts also would not be allowed to turn away students for chronic absenteeism, if their absences were due to bullying or being homeless.
During a hearing Monday, Republican lawmakers said school districts could block non-resident students from enrolling by setting their “capacity” at zero. But they could not prohibit their students from enrolling in other districts.
Sen. Tim Lang, a Sanbornton Republican who drafted the legislation, said Monday he hopes school districts will act in “good faith” and accept students if they have space and can take on additional students without adding staff.
The latest version of the bill maintains Lang’s financing proposal, which says that if a student leaves their home district, they take their state funding with them. Their share of local taxes would remain in the community.
Rep. Mike Belcher, a Wakefield Republican, said open enrollment is about school choice and the rights of parents.
“They have the ultimate responsibility for directing the education of their own children,” Belcher said ahead of Monday’s vote. “Anything short of that where we would prohibit students from being able to leave to cross borders for any reason whatsoever, is, in my view, an infringement on parental rights.”
Rep. Peggy Balboni, a Rye Democrat, said there were too many unanswered questions and significant objections from communities and school leaders.
“This is a major policy change to public schools that we're rushing through,” Balboni said. “We've already heard there's a ton of questions that have not been answered yet in regards to capacity, special education, transportation, economic equity and funding mechanisms. And, our constituents have spoken.”
Nearly 100 school districts have already voted to block or limit open enrollment.