hb 0726

CHAPTER 292

HB 726-LOCAL - FINAL VERSION

AN ACT relative to change of school assignment and transfers of public school pupils and relative to the voting procedures for authorizing certain capital projects in interstate school districts.

SPONSORS: Rep. Alger, Graf 9; Rep. Gilmore, Straf 11; Rep. Cox, Rock 24; Rep. Winter, Merr 2; Rep. Giuda, Graf 3; Sen. Roberge, Dist 9; Sen. Gordon, Dist 2; Sen. Francoeur, Dist 14; Sen. Prescott, Dist 19

I. Authorizes superintendents of school districts, under certain circumstances, to approve requests for changes in school assignment where such changes are in the best interest of the pupil.

II. Authorizes superintendents to negotiate the apportionment of tuition costs associated with a change in school assignment to another school district.

III. Provides that pupils reassigned to another school district shall be counted in the average daily membership in residence in the pupil's resident district and that any tuition payment due to the receiving district shall be paid by the pupil's resident district.

IV. Amends the New Hampshire-Vermont interstate school compact by providing that, as an alternative to existing provisions in the compact governing a vote to incur debt to finance a capital project, an interstate district, in its articles of agreement, may:

(b) Provide that the margin for such a vote be a percentage greater than a simple majority but not to exceed 60 percent.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to change of school assignment and transfers of public school pupils and relative to the voting procedures for authorizing certain capital projects in interstate school districts.

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

292:1 Change of School or Assignment; Section Heading Amended. Amend the section heading in RSA 193:3 to read as follows:

193:3 Change of School or Assignment; Manifest Educational Hardship or Best Interest; Excusing Attendance.

292:2 New Paragraph; Change of School or Assignment; Best Interest Standard Inserted. Amend RSA 193:3 by inserting after paragraph II the following new paragraph:

III. (a) Each school board shall establish a change of school assignment policy, based on the best interest of the pupil, authorizing the superintendent to re-assign a pupil from the public school to which he or she is currently assigned to another public school, or to approve a request from another superintendent to accept a transfer of a pupil from a school district that is not part of the school administrative unit, provided that the following conditions are met:

(1) The pupil's parent or legal guardian petitions the superintendent for a change of school assignment or consents to the superintendent's recommendation for such a change; and

(2) The superintendent determines that such a change would be in the pupil's best interest; and

(3) The total reassignments or transfers in any one school year shall not exceed one percent of the average daily membership in residence of a school district, or 5 percent of the average daily membership in residence of any single school, whichever is greater.

(b) In accordance with the number of pupils authorized in this paragraph, a superintendent may approve reassignment of a pupil:

(3) To a school district in another school administrative unit, subject to the pupil meeting the admission requirements of such school, and subject to the agreement of the superintendent of the receiving school administrative unit.

(c) Where such reassignment exceeds the percentage limitations established in this paragraph, the approval of the school board shall be required.

(d) A pupil reassigned under this paragraph shall be counted in the average daily membership in residence of the pupil's resident school district. The pupil's resident district shall forward any tuition payment due to the district to which the pupil was reassigned.

(e) The superintendents involved in the reassignment of a pupil shall jointly establish a tuition rate for each such pupil. Notwithstanding any law to the contrary, some or all of the tuition may be waived by the superintendent of the receiving district for the good cause shown or pursuant to school board policy of the receiving district. The cost of transportation shall be the responsibility of the parent or legal guardian.

(f) The superintendent of the pupil's resident school administrative unit shall notify the department of education within 30 days of any reassignment of pupils under this paragraph.

(g) Nothing in this paragraph shall alter or impair the right of an educationally disabled child, as defined in RSA 186-C:2, to be accorded a due process review pursuant to rules adopted under RSA 186-C:16.

292:3 Interstate School Compact; Borrowing; Authorization Proceedings Amended. Amend Article VII, Paragraph D of RSA 200-B:1 to read as follows:

D. AUTHORIZATION PROCEEDINGS. An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting. Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof. As an alternative, an interstate district may provide in its articles of agreement that such a vote be conducted by Australian or official balloting under procedures set forth in the articles of agreement, and that such vote be subject to any method of reconsideration, if any, which the interstate district sets forth in the articles of agreement.

292:4 Interstate School Compact; Borrowing; Authorization Proceedings Amended. Amend Article VII, Paragraph D of RSA 200-B:1 to read as follows:

D. AUTHORIZATION PROCEEDINGS. An interstate district shall authorize the incurring of debts to finance capital projects by a majority vote of the district passed at an annual or special district meeting. As an alternative, an interstate district may provide in its articles of agreement that such a vote be passed by a specified percentage greater than a simple majority but not to exceed 60 percent. Such vote shall be taken by secret ballot after full opportunity for debate, and any such vote shall be subject to reconsideration and further action by the district at the same meeting or at an adjourned session thereof. As an alternative, an interstate district may provide in its articles of agreement that such a vote be conducted by Australian or official balloting under procedures set forth in the articles of agreement, and that such vote be subject to any method of reconsideration, if any, which the interstate district sets forth in the articles of agreement.

292:5 Contingency. Section 3 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 3 of this act becomes a law in Vermont and when it is approved by the United States Congress. Section 4 of this act shall take effect when a bill of the Vermont general assembly incorporating substantially the same language inserted by section 4 of this act becomes a law in Vermont and when it is approved by the United States Congress. The secretary of state of the state of New Hampshire shall certify that contingency provisions set forth in this section have been satisfied.

II. Sections 3 and 4 of this act shall take effect as provided in section 5 of this act.

III. The remainder of this act shall take effect upon its passage.

II. Sections 3 and 4 shall take effect as provided in section 5.