Bill Text: NH SB37 | 2011 | Regular Session | Chaptered
Bill Title: Relative to the determination of residency for certain pupils.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-14 - Senate Signed by the Governor on 06/14/2011; Effective 08/13/2011; Chapter 0178 [SB37 Detail]
Download: New_Hampshire-2011-SB37-Chaptered.html
CHAPTER 178
SB 37 – FINAL VERSION
18May2011… 1808h
2011 SESSION
04/03
SENATE BILL 37
AN ACT relative to the determination of residency for certain pupils.
SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Rep. St. Cyr, Belk 5; Rep. Shaw, Hills 16; Rep. Ladd, Graf 5
This bill provides further detail on the procedure for resolving residency disputes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18May2011… 1808h
11-0767
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the determination of residency for certain pupils.
Be it Enacted by the Senate and House of Representatives in General Court convened:
178:1 School Attendance; Legal Residence Required. Amend RSA 193:12, VI(a) to read as follows:
VI.(a) The commissioner of the department of education, or designee, shall decide residency issues for all pupils, [including] excluding homeless children and youths, in accordance with this section. If more than one school district is involved in a residency dispute, or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision. In those instances when an agreement cannot be reached, the commissioner of the department of education, or designee, shall make a determination within [14] 30 days of notice of the residency dispute and such determination shall be final. If the unresolved residency dispute has resulted in an interruption of educational or related services, or such an interruption is likely to occur if the determination cannot be made before the expiration of 30 days, the determination shall be made within 14 days. With the agreement of the school districts involved and of the minor child's parent or legal representative, the time for determination of the residency dispute may be extended. Residency disputes may be submitted to the commissioner for determination by a school district involved in a dispute. In cases where the failure to resolve a residency dispute has resulted in or is likely to result in the interruption of educational or related services, a minor child's parent or legal representative may submit a residency dispute for determination to the commissioner. In [any case] all cases, all parties with an interest in the dispute shall be notified of the pendency of the proceedings, shall have an opportunity to review all information provided to the commissioner, and shall have an opportunity to present facts and legal arguments to the commissioner. The commissioner’s decision, including a written explanation for that decision, shall be provided to the parties of record and a copy of such explanation shall be kept on file by the department of education. No school district shall deny a pupil attendance or implementation of an existing individualized education program.
178:2 Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:
(2) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides. If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary residential responsibility or physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire. If the court order is for equal or approximately equal periods of residential responsibility, the child's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA [193:27] 193:28.
178:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date; August 13, 2011
