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SB 579-FN - AS INTRODUCED
2026 SESSION
26-2272
12/09
SENATE BILL
579-FN
AN ACT
modifying the language for intra-district public school transfers to include schools within school administrative units.
SPONSORS: Sen. Sullivan, Dist 18; Sen. Lang, Dist 2; Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Innis, Dist 7; Rep. Noble, Hills. 2; Rep. Freeman, Belk. 8; Rep. Rice, Hills. 38; Rep. Notter, Hills. 12; Rep. Popovici-Muller, Rock. 17
COMMITTEE: Education
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ANALYSIS
This bill extends parents' ability to transfer their children to other schools to include students within school administrative units (SAUs). The bill also authorizes providers of superintendent services to approve or disapprove of school transfers depending on the best interests of the student.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2272
12/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT
modifying the language for intra-district public school transfers to include schools within school administrative units.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Administrative Unit School Transfers. Amend RSA 193:3, I to read as follows:
I.(a) The parent or guardian of a student may apply to the superintendent of the student's district of residence
or provider of superintendent services as defined in RSA 194-C:5, II(a) of the student's school administrative unit (SAU)
to change the student's school or assignment to another specific public school, public academy, or an approved private school within the district
or SAU
. The parent or guardian of a student may also apply to the superintendent of the student's district of residence
or the provider of superintendent services of the student's SAU
if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment to another public school, public academy, or an approved private school which is outside the district
or SAU
. Unless the student is experiencing a manifest educational hardship, applications pursuant to this paragraph shall be made no later than July 1 for the upcoming school year.
(b) For requests to change assignments to schools outside the district
or SAU
, or for requests made after July 1 for the upcoming school year, the superintendent
or provider of superintendent services
shall schedule a meeting with the parent or guardian, to be held within 10 days of the request.
(c) Prior to or at such meeting, the parent or guardian shall make a specific request that the student be re-assigned by the school board to another public school, public academy, or an approved private school within the district
or SAU
or to a public school, public academy, or an approved private school in another district
or SAU
. If such a request is made to reassign the student to another public school, public academy, or approved private school within the school district
or SAU
, the superintendent
or provider of superintendent services
shall approve the request unless it fails to meet the requirements under this section.
(d) At such meeting, the parent or guardian may present documents, witnesses, or other relevant evidence supporting the parent's belief that it is in the best interest of the student to change the student's school or assignment. The superintendent
or provider of superintendent services
may present such information as he or she deems appropriate.
(e) In determining whether to authorize a request to transfer to another school within the district
or SAU
, the superintendent
or provider of superintendent services
shall consider only whether the specifically requested school has the ability to accommodate the student based on existing school capacity. In determining whether it is in the best interest of the student to change the student's school or assignment to a school outside the district
or SAU
, the superintendent
or provider of superintendent services
shall consider the student's academic, physical, personal, or social needs.
(f) If the superintendent
or provider of superintendent services
finds it is in the best of the interest of the student to change the student's school or assignment to a school outside the district
or SAU
, or finds the requested school in the district
or SAU
has the ability to accommodate the student, the superintendent
or provider of superintendent services
shall initiate:
(1) A change of assignment within the student's current assigned school;
(2) The student's transfer to another public school or public academy within the district of residence
or SAU
; or
(3) The student's transfer to a public school, public academy, or an approved private school in another district
or SAU
.
(g) If a student is reassigned to a public school or public academy outside the district of residence
or SAU
, the superintendents
,
providers of superintendent services,
or administrators involved in the reassignment shall jointly establish a tuition rate for such student. Some or all of the tuition may be waived by the superintendent
or provider of superintendent services
of the receiving district
or SAU
for good cause shown or pursuant to school board policy of the receiving district
or SAU
. The school board of the student's district of residence
or SAU
shall approve the payment of tuition upon the superintendent's
or provider of superintendent services'
finding that it is in the best interest of the student to be reassigned. Transportation shall be the responsibility of the parent or legal guardian.
(h) If the student is reassigned as the result of a best interest determination to an approved private school, the private school may charge tuition to the parent or may enter into an agreement for payment of tuition with the school district in which the child resides
or with the SAU from which the student was reassigned
.
(i) If the superintendent
or provider of superintendent services
does not find that it is in the best interest of the student to change the student's school or assignment to a school outside the district
or SAU
, or finds that the requested school in the district
or SAU
is unable to accommodate the student, the parent or guardian may request a hearing with the school board of residence
or SAU school board
to determine if the student is experiencing a manifest educational hardship under paragraph II.
(j) The school board of each school district
or SAU
shall adopt a policy addressing instances in which there are more requests to transfer to a school than there is ability to accommodate students based on existing school capacity pursuant to subparagraph (e).
2 New Subparagraph; Superintendent Services School Transfers. Amend RSA 194-C:4, II by inserting after subparagraph (r) the following new subparagraph:
(s) Authorization of change of school or assignment where it is in the best interest of the student, pursuant to RSA 193:3.
3 Effective Date. This act shall take effect July 1, 2026.
LBA
26-2272
11/18/25
SB 579-FN- FISCAL NOTE
AS INTRODUCED
AN ACT
modifying the language for intra-district public school transfers to include schools within school administrative units.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to comlete a fiscal note for this bill as it is awaiting information from the Department of Education. The Department was initially contacted on 10/13/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Department of Education