TITLE XV
EDUCATION
Chapter 194-D
OPEN ENROLLMENT SCHOOLS
Section 194-D:1
194-D:1 Definitions. –
In this chapter:
I. "Open enrollment public school" or "open enrollment school" means any public school which, in addition to providing educational services to pupils residing within its attendance area or district, chooses to accept pupils from other attendance areas within its district and from outside its district.
II. "Parent" means a parent, guardian, or other person or entity having legal custody of a child or, in the case of a child with a disability, a surrogate parent who has been appointed in accordance with state or federal law.
III. "Pupil" means any child who is eligible for attendance in public schools in New Hampshire, and who lives with a parent.
IV. "Receiving district" means the school district to which a pupil is sent to attend an open enrollment school.
V. "Resident district" means the school district in which the pupil resides.
VI. "School board" means the school district school board.
VII. "Sending district" means the school district in which the pupil resides.
VIII. "State board" means the state board of education.
IX. "Teacher" means any individual providing or capable of providing direct instructional services to pupils, and who meets requirements prescribed in the Elementary and Secondary Education Act and the Individuals With Disabilities Education Act.
Source. 2009, 241:14, eff. Sept. 14, 2009.
Section 194-D:2
194-D:2 Establishment; Parental Choice; Admission. –
I. Any school district legislative body may vote to designate one or more of its schools as an open enrollment school.
II. Open enrollment schools shall operate under the same laws, rules, and policies as any other public school, except as provided in this chapter.
III. No public school, except a chartered public school, shall be required to be an open enrollment school.
IV. A school district may predetermine the number of pupils residing outside an open enrollment school's district or attendance area it deems appropriate to accept.
V. Applications may be made on behalf of eligible pupils to more than one open enrollment school within the state.
VI. Every open enrollment school shall make available information about its curriculum and policies to all persons, and parents and pupils considering enrollment in that school.
VII. There shall be no application fee for pupil admission to any open enrollment school.
VIII. A pupil who meets the admission requirements of an open enrollment school, and who is a resident of the district where the school is located or is a dependent child of active duty military personnel whose move resulted from military orders, shall be given absolute admission preference over a nonresident pupil. Once admitted and unless expelled, open enrollment school pupils need not reapply for admission for subsequent years.
IX. Attendance at an open enrollment school for the purposes of transportation shall not constitute assignment under the provisions of RSA 189:6 and RSA 189:8. Pupils who reside in the school district in which the open enrollment school is located shall be provided transportation to that school by the district on the same terms and conditions as provided for in RSA 189:6 and RSA 189:8 and that transportation is provided to pupils attending other public schools within that district. However, any added costs for such transportation services shall be borne by the open enrollment school. For the purposes of open enrollment, neither the sending nor the receiving school district shall be obligated to provide transportation services for pupils attending an open enrollment school outside the pupil's resident district.
X. Upon approval by each of the district's legislative bodies and after a public hearing, 2 or more school districts may consolidate otherwise eligible resident pupils into one applicant pool for the purposes of an admissions lottery for designated open enrollment schools.
XI. Military-connected students as defined in RSA 110-E:1 who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status and students who are the dependent children of a member of the military reserve on active duty orders shall be eligible for admission to the school district of their choice. Students shall be eligible if:
(a) At least one parent of the student has a Department of Defense-issued identification card; and
(b) At least one parent can provide evidence that he or she will be on active duty status or active duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation or a natural disaster requiring the use of orders for more than 30 consecutive days.
XII. A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.
Source. 2009, 241:14, eff. Sept. 14, 2009. 2022, 310:6, 7, eff. Aug. 30, 2022.
Section 194-D:3
194-D:3 Procedure for Adoption and Rescission; Limitations. –
I. Any school district may adopt the provisions of RSA 194-D, to adopt an open enrollment school program, in the following manner:
(a) A question shall be placed on the warrant of a special or annual school district meeting which body shall have final authority to adopt the provisions of this chapter.
(b)(1) In districts without annual meetings, the legislative body of the school district shall consider and act upon the question in accordance with their current procedures. To the extent and if permitted by local ordinance, upon submission to the legislative body within 60 days of the legislative body's vote of a petition signed by 100 or by 2 percent, whichever is less, of the registered voters, the legislative body shall place the question on the official ballot for any regular election otherwise in accordance with their current procedures for passage of referenda.
(2) The school district legislative body shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(3) In the event that the referendum is nonbinding, the question shall be returned for reconsideration to the legislative body which shall have final authority to adopt the provisions of this chapter.
(4) In the event that the referendum is binding, the public vote shall be the final and binding authority to adopt the provisions of this chapter.
(c)(1) In adopting the provisions of RSA 194-D, a school district shall impose limitations on the number of its resident pupils who may attend open enrollment schools located inside and outside the school district. These limitations shall be represented as any percentage between zero and 100 percent of the school district's current pupil enrollment.
(2) In school districts with annual meetings, where no limitation question receives a majority vote, the limitations applying to the district shall be zero. Where 2 or more conflicting adoption and/or limitation questions receive a majority vote, that combination of adoption and limitation provisions receiving a majority vote granting greatest latitude of parental choice shall apply.
(d) For all limitation questions, the school board shall propose a percentage limitation number. The number may also be proposed by petition. To change limitation percentages, a district need only act upon the relevant limitation questions. Where no limitations are to be changed, no limitation questions shall be presented to the voters.
(e) Adoption and limitation actions shall become effective on July 1 immediately following the action to adopt or limit.
II. (a) A school district which has adopted any provisions of RSA 194-D may rescind its action or modify the limitations imposed in the manner described in paragraph I.
(b) If a majority of those voting vote to rescind the provisions of RSA 194-D or to reduce the percentages of pupils eligible to attend open enrollment schools, then as of July 1 next:
(1) If the percentage of pupils eligible for tuition to attend open enrollment schools in other districts is reduced, a resident pupil enrolled at a school outside the district shall continue to be eligible for tuition for the period necessary to complete the highest grade level offered by the school.
(2) If the percentage of pupils eligible for tuition to attend open enrollment schools in the resident district is reduced, the resident district shall make alternate arrangements in accordance with RSA 189:1-a for the education of any affected pupil.
(c) If a host district rescinds its vote enabling the operation of an open enrollment school located in that district, the open enrollment school may retain its physical location and may continue to receive students and tuition from other districts if any sending district agrees to assume the responsibilities of the host district within 18 months of the effective date of the rescission. The parent of a pupil attending that school may apply to any other open enrollment school eligible to receive pupils under the provisions of this chapter. The pupil's sending district shall not be relieved of its obligation to educate that pupil in accordance with the district's policies.
III. This section shall apply to the establishment of each individual open enrollment school.
IV. Upon approval by each of the district's legislative bodies and after a public hearing, 2 or more school districts may consolidate otherwise eligible resident pupils into one applicant pool for the purposes of an admissions lottery for designated open enrollment schools.
Source. 2009, 241:14, eff. Sept. 14, 2009.
Section 194-D:4
194-D:4 Pupil Selection and Enrollment. –
I. (a) Open enrollment schools may set maximum enrollment as they deem appropriate.
(b) Open enrollment schools may limit enrollment to specific grade or age levels, pupil needs, or areas of academic focus including, but not limited to, at-risk pupils, vocational education pupils, mathematics, science, the arts, history, or languages.
(c)(1) Open enrollment schools may select pupils on the basis of aptitude, academic achievement, or need, provided that such selection is directly related to the academic goals of the school.
(2) If the number of otherwise eligible applicants to a particular open enrollment school exceeds that school's maximum published enrollment, that school shall use lottery selection as a basis for admission.
(3) If the number of otherwise eligible applicants to open enrollment schools located inside and outside the school district exceeds that district's published maximum percentage of pupils authorized to attend such schools, the district shall use lottery selection as a basis for pupil eligibility, and in accordance with RSA 194-D:2, VIII.
II. A pupil may withdraw from an open enrollment school at any time and enroll in a public school where the pupil resides, except that no pupil shall change schools more than once each school year. The school board of the pupil's resident district may waive this limitation after a hearing.
III. A pupil may be suspended or expelled from an open enrollment school based on criteria determined by the principal and teachers in the open enrollment school and in conformance with RSA 193:13. No open enrollment school shall be obligated to enroll an expelled pupil.
IV. For the purpose of this chapter, a pupil enrolled in an open enrollment school shall be considered reassigned to the school district in which the open enrollment school is located for purposes of school attendance.
V. The school board in the district in which the open enrollment school is located may establish policies to implement open enrollment schools as provided in this chapter.
Source. 2009, 241:14, eff. Sept. 14, 2009.
Section 194-D:5
194-D:5 Funding. –
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 the school district, the pupil's resident district shall pay to such school an amount equal to not less than 80 percent of that district's average cost per pupil as determined by the department of education using the most recent available data as reported by the district to the department.
II. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.
III. Any federal or other funding available in any year to a sending district shall, to the extent and in a manner acceptable to the funding source, be directed to an open enrollment school in a receiving district on an eligible per pupil basis.
IV. The commissioner of the department of education shall apply for all federal funding available to open enrollment schools under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act, or other federal source of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.
V. A sending district may provide funds, services, equipment, materials, or personnel to an open enrollment school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.
VI. An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.
VII. An open enrollment school may receive financial aid, private gifts, grants, or revenue as if it were a school district.
Source. 2009, 241:14, eff. Sept. 14, 2009.
Section 194-D:6
194-D:6 Budgets. –
That portion of a school district's estimated expenditures on open enrollment school tuition shall be shown as a separate line item in a school district's budget.
Source. 2009, 241:14, eff. Sept. 14, 2009.
Section 194-D:7
194-D:7 State Board; Duties. –
I. The state board shall adopt rules, pursuant to RSA 541-A, consistent with the provisions of this chapter relative to the administration of open enrollment schools.
II. The state board shall convene one or more working committees to study and make recommendations regarding the implementation and effectiveness of open enrollment schools. The recommendations shall be provided to the legislative oversight committee in RSA 194-B:21.
Source. 2009, 241:14, eff. Sept. 14, 2009.