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HB 709-FN - AS AMENDED BY THE HOUSE
7Jan2026... 3073h
2025 SESSION
25-0623
07/02
HOUSE BILL
709-FN
AN ACT
allowing parents or guardians to admit their children into any school district where they pay any property or school district taxes.
SPONSORS: Rep. Burnham, Straf. 2; Rep. DeRoy, Straf. 3; Rep. Granger, Straf. 2; Rep. Potenza, Straf. 19; Rep. Turcotte, Straf. 4
COMMITTEE: Education Policy and Administration
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ANALYSIS
This bill allows parents or guardians to admit their children into any school district where they pay any property tax or school district taxes.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Jan2026... 3073h 25-0623
07/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT
allowing parents or guardians to admit their children into any school district where they pay any property or school district taxes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Education; Pupils; School Attendance; Legal Residence Required; Definition of Residency. Amend RSA 193:12, II(a) to read as follows:
(a) In the case of a minor, legal residence is where his or her parents reside
or pay property or school district taxes, provided his or her parents reside in New Hampshire
, except that:
(1) If the parents live apart and are not divorced, legal residence is the residence of the parent with whom the child resides
, or where such parent pays property or school district taxes, provided his or her parents reside in New Hampshire
.
(2)(A) 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
or where such parent pays property or school district taxes, provided such parent resides in New Hampshire
. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child's legal residence [
for school attendance purposes
] may be the school district in which either parent resides
or pays property or school district taxes, provided such parent resides in New Hampshire
,
and
provided the parents agree in writing to the district the child will attend and each parent furnishes a copy of the agreement to the school district [
in which the parent resides
]. The parents shall update their parenting plan to reflect this agreement. 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
, or where such parent pays property or school district taxes, provided such parent resides in New Hampshire
. 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 193:28.
(B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the school district in which the child resides, or beyond the designated attendance area for the school to which the child is assigned, or beyond the geographical limits of the school district in which the child resides.
(3) If the minor is in the custody of a legal guardian appointed by a New Hampshire court of competent jurisdiction or a court of competent jurisdiction in another state, territory, or country, legal residence is where the guardian resides
or pays property or school district taxes, provided his or her parents reside in New Hampshire
. If the department of health and human services has been appointed legal guardian, the residence of the minor is where the child is placed by the department or the court. Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor's parent or parents. Whenever a petition for guardianship or legal custody is filed in a court of competent jurisdiction on behalf of a relative of a child, other than a parent, the child shall be permitted to attend school in the district in which the relative of the child resides
, or pays property or school district taxes, provided his or her parents reside in New Hampshire,
pending a court determination relative to custody or guardianship.
2 Effective Date. This act shall take effect July 1, 2026.
LBA
25-0623
1/14/26
HB 709-FN-
FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-3073h)
AN ACT
allowing parents or guardians to admit their children into any school district where they pay any property or school district taxes.
FISCAL IMPACT:
Estimated State Impact
FY 2026
FY 2027
FY 2028
FY 2029
Revenue
$0
$0
$0
$0
Revenue Fund(s)
None
Expenditures*
$0
Indeterminable
Funding Source(s)
General Fund and Education Trust Fund
Appropriations*
$0
$0
Statutory Open Warrant Exists for Adequacy Payments
Funding Source(s)
Education Trust Fund
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2026
FY 2027
FY 2028
FY 2029
Local Revenue
$0
$0
Indeterminable
Local Expenditures
$0
Indeterminable
METHODOLOGY:
The Department of Education states that this bill would permit a student to attend public school either in the district in which the student resides or in any district in which one or more of the student’s parents pays property taxes. As a result, state adequacy aid associated with the student, beginning in FY 2028 (one year lag), would shift from the resident district to the receiving district, along with the local costs of educating that student. The Department indicates it is unable to determine how many students or families would utilize this option and does not collect data on the number of families that pay property taxes in multiple municipalities. While the bill may create state and local administrative costs related to verifying eligibility and may shift education funding and costs between districts, the magnitude of any fiscal impact cannot be estimated due to the absence of relevant data.
AGENCIES CONTACTED:
Department of Education