172:2-aResidency Statedisputes Substancemay Usebe Disordersubmitted Servicesto Systemthe Established.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 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.] When addressing residency issues, the only question the commissioner shall consider is whether the child is a resident of the state.

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.

9 Open Enrollment Schools;

Definitions;

Open Enrollment Public School.

Amend RSA 194-D:1, I to read as follows:

The"Open commissionerenrollment shallpublic provideschool" foror the"open scientificenrollment care,school" treatment,means andany rehabilitationpublic ofschool individuals[which, within substanceaddition useto disordersproviding andeducational theirservices families,to andpupils] workthat towardsis thecurrently preventionenrolling of,pupils andboth assistresiding inwithin theits controlattendance of,area alcoholor anddistrict, drug[chooses misuseto withinaccept] theand statepupils throughfrom education,other treatment,attendance communityareas organization,within its district and research.from outside its district.

The10 departmentOpen shallEnrollment establish,Schools; maintain, implement, and coordinate a system of substance use disorder treatment services under this chapter.

ThisDefinitions; system shall be supervised by the commissioner.

[WithTeacher. the exception of a youth drug treatment center required to be operated by a non-governmental entity at the Sununu youth services center, at the HB 751-FN - AS INTRODUCED - Page 2 - discretion of the commissioner,] The department may directly operate and administer any program or facility which provides, or which may be established to provide, services to persons with substance use disorders or may enter into a contract with any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation for the operation and administration of any such program or facility.

Amend RSA 194-D:1, IX to read as follows:

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] Every Student Succeeds Act (ESSA) of 2015 and the Individuals With Disabilities Education Act.

11 Open Enrollment Schools;

Establishment;

Parental Choice;

Admission.

Amend RSA 194-D:2 to read as follows:

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.] Each district legislative body shall establish an open enrollment policy to allow pupils to transfer among schools within the district, from another district in the state, or in any state that has an interstate compact with New Hampshire that does not require nonresident pupils to pay an application fee or tuition.

Subject[Open toenrollment availableschools funding,shall operate under the commissionersame shalllaws, establish,rules, pursuantand topolicies rulesas adoptedany underother RSApublic 541-A,school, aexcept certificationas processprovided forin substancethis usechapter.] treatmentEach programsschool anddistrict facilitiesshall operatingdetermine for each school in the statedistrict the capacity of Neweach Hampshire.school and each grade level.

ProgramsA andschool facilitiesdistrict requiredshall topost bethe certifiedtotal shallcapacity includeof thoseeach providingindividual oneschool orin morethe outpatientdistrict, services,the includingcapacity medicallyFloor managedAmendment outpatient,to intensiveHB outpatient,751-FN high-intensity- outpatient,Page partial3 hospitalization,- of each grade level, and medicallythe managednumber intensiveof outpatient.vacancies in each individual school in the district on the district website by the first of each month.

NonclinicalEach recoveryschool supportdistrict services,in includingthe butstate notshall limitedreport annually to individual and group recovery coaching and 12-Step Programs, independent practitioners, facilities licensed under RSA 151, the programsstate andcommissioner facilitiesof ineducation the systemnumber of mentaltransfer healthapplications, servicesacceptances, establisheddenials by RSA 135-C:3, and other providers identified by the commissioner,reason shallfor beeach exemptdenial. from certification.

The department of education shall publish the data annually on its web site and provide reports to the senate and house education committees, and the state board of education.

The[No commissionerpublic school, except a chartered public school, shall adoptbe rulesrequired underto RSAbe 541-A,an relativeopen to:enrollment school.] A parent may apply to any school or district within the state on behalf of a pupil.

(a)[IV. Certification procedures, requirements, and exemptions for substance use treatment programs and facilities.

(b)A Certificationschool anddistrict renewalmay fees.predetermine the number of pupils residing outside an open enrollment school's district or attendance area it deems appropriate to accept.] [V.] IV.

(c)Applications Themay scopebe andmade contenton behalf of trainingeligible requirementspupils forto substancemore usethan treatmentone programs[open andenrollment] providers.school within the state.

(d)[VI.] TheV. scope and content of education materials for providers and clients to understand complaint procedures.

(e)Every Public[open accessenrollment] toschool findingsshall ofmake investigatoryavailable information about its curriculum and monitoringpolicies reports,to all persons, and finalparents decisionsand madepupils relativeconsidering toenrollment certification.in that school.

[VII.] VI.

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.] VII.

A school district may deny a transfer application only for the following reasons:

(a) The student was expelled by the student's previous district;

(b) The student has a documented history of significant disciplinary issues;

(c) The student has a documented history of chronic absenteeism;

(d) The receiving district does not have available capacity pursuant to this section.

VIII.

No receiving school or district shall accept or reject an applicant based upon grade or age levels, pupil needs, areas of academic focus, aptitude, academic or athletic achievement.

IX.

Attendance at [an open enrollment] a public 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 Floor Amendment to HB 751-FN - Page 4 - 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] a school outside the pupil's resident district.

The parent may provide transportation to a specific bus stop on an existing route of the receiving school or district.

The district shall provide the parents with information regarding transportation options.

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.] 12 Open Enrollment Schools;

Funding.

Amend RSA 194-D:5 to read as follows:

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 a receiving school district, the pupil's sending district shall pay the receiving district an amount equal to not less than 80 percent and not greater than 100 percent of the sending district's average cost per pupil as determined by the department of education using the most recent available data as reported by the sending district to the department, pursuant to RSA 189:75, I(c), in addition to special education expenses.

Sending districts may pay less than 100 percent of the sending district’s average cost per pupil provided that the sending district demonstrates the need for a lower tuition rate relative to fixed costs.

If the transferring student's resident district average cost per pupil is less than the receiving district's average cost per pupil, such difference shall be charged as tuition and paid by the pupil's parents or guardians to the receiving district prior to the start of each semester.

Floor Amendment to HB 751-FN - Page 5 - II.

In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities [attending] transferring to a [chartered public or open enrollment] school shall be the responsibility of the resident 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.] Students transferring from their resident district pursuant to this chapter shall be calculated in the ADMR of their resident school district under RSA 189:1-d, IV.

AllThe feescommissioner receivedof fromthe certificationdepartment underof thiseducation section shall beapply keptfor inall afederal nonlapsingfunding fundavailable knownto asopen theenrollment substanceschools useunder treatment[the certificationNo fund,Child whichLeft shallBehind beAct, keptTitle separateI of the Elementary and distinctSecondary fromEducation allAct, otheror other] any federal source of funds.

The fundcommissioner shall beexpend continuallyany appropriatedsuch tofunds thereceived departmentin ofa healthmanner andacceptable human services to fund to the certificationfunding processsource. for substance use treatment programs and facilities operating in the state of New Hampshire.

The commissioner may accept gifts, grants, donations, or other funding from any source and shall deposit all such revenue received into the fund.

The state treasurer shall invest the moneys deposited in the fund as provided by law.

Interest earned on moneys deposited in the fund shall be deposited into the fund.

TheA departmentsending shalldistrict maintainmay andprovide regularlyfunds, updateservices, onequipment, itsmaterials, websiteor apersonnel publiclyto available[an listingopen ofenrollment] alla programsschool, andin facilitiesaddition certifiedto underthe amounts specified in this chapter.section in accordance with the policies of the sending school district.

HBVI. 751-FN - AS INTRODUCED - Page 3 - 5 New Subparagraph;

Dedicated[An Funds;open enrollment] A school may accept pupils at tuition rates at less than the amounts established by this chapter.

SubstanceVII. Use Treatment Certification Fund.

Amend[An RSAopen 6:12,enrollment] I(b)A byschool insertingmay afterreceive subparagraphfinancial (399)aid, theprivate followinggifts, newgrants, subparagraph:or revenue as if it were a school district.

(400)13 MoneysOpen depositedEnrollment inSchools; the substance use treatment certification fund under RSA 172:2-a.

6State NewBoard; Hampshire Substance Use Disorder Services System.

AmendDuties. RSA 172:2-c to read as follows:

172:2-cAmend CommunityRSA Substance194-D:7 Useto Disorderread Treatmentas Programs.follows:

194-D:7 State Board;

Duties.

AnyThe city,state county,board town,shall oradopt anyrules, individual,pursuant partnership,to association,RSA public541-A, orconsistent private,with forthe profitprovisions orof nonprofit,this agencychapter orrelative corporationto may establish and administer a community substance use disorder treatment program for the purposeadministration of providingopen substanceenrollment usein disorderpublic treatmentschools servicesacross to individuals, families, and organizations in the area.state.

Every program shall, at a minimum, provide substance use disorder screening and evaluation, case management, and outpatient counseling services.

The department may contract with a community substance use disorder treatment program, pursuant to RSA 172:2-a, for the operation and administration of any services that are part of the state substance use disorder treatment system.

In the event that the commissioner decides to enter into a contract for the operation and administration of any services which are part of the state substance use disorder treatment system, the contract shall contain standards designed to measure the performance of the contractor in achieving positive consumer outcomes, maintaining fiscal integrity, and providing quality services.

The commissioner shall adopt rules, pursuant to RSA 172:8-b, to establish criteria for designating substance use disorder treatment programs under this chapter.

NoThe personstate mayboard establish,[shall] maintain,may operate,convene one or conductmore anyworking programcommittees orto facilitystudy forand substancemake userecommendations treatmentregarding withoutthe anyimplementation certificationand requiredeffectiveness byof theopen departmentenrollment under[schools] RSApolicies. 172:2-a.

III.The recommendations shall be provided to the legislative oversight committee in RSA [194-B:21] 193-C:8-a.

Every14 facilityNew orParagraph; program certified under RSA 172:2-a shall pay a certification fee to the commissioner for deposit in the fund established under RSA 172:2-a.

7Parental DepartmentBill of HealthRights; and Human Services, Department Established;

OfficeDefinitions ofAdded. the Ombudsman.

Amend RSA 126-A:4,189-B:2 IIIby toinserting readafter asparagraph follows:VI the following new paragraphs:

III.VII.

The“Open departmentto shallthe establishgeneral anpublic” officemeans ofan theevent ombudsmanthat tois providegenerally assistanceopen to clientsparents, ofguardians, thefamily, department by investigating and resolvingmembers complaintsof regardingthe anycommunity, matterincluding withinevents thefor jurisdictionwhich ofattendance themay departmentrequire includingregistration, servicesticketing, or assistanceinvitation providedfor byadmission thedue departmentto space, security, or itsother contractors.concerns.

TheVIII. ombudsman's office may provide mediation or other means for informally resolving complaints.

The“Required recordsassessment” ofmeans theany ombudsman'sstandardized officeassessment shallthat be confidential and shall not be disclosed without the consent of the client on whose behalf the complaint is made,required exceptby asstate mayor befederal necessarystatute to assist the service provider to resolve the complaint, or asregulation. required by law.

Subject15 toParental availableRights; funding, the department shall designate within the office of the ombudsman a person as the behavioral health specialist dedicated solely to investigate and resolve complaints to HB 751-FN - AS INTRODUCED - Page 4 - promote the health, safety, welfare, or civil or human rights of any person receiving the treatment or services of a substance use or mental health treatment facility.

8Consent Repeal.to Recording;

Limited Exemption for Required Assessments and Events Open to the General Public.

Amend RSA 189-B:4, I(p) to read as follows:

Floor Amendment to HB 751-FN - Page 6 - (p) To consent in writing before the state or any of its political subdivisions, including, without limitation, any school pursuant also to the provisions of RSA 189:68, III-V, makes a video or voice recording, unless such recording is made during or as part of a court proceeding or part of a forensic interview in a criminal or other investigation by the bureau of child protective services or it is to be used solely for the purpose of a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles, or such recording is made as a component of the administration of a required assessment or is made during a school-sponsored event that is open to the general public.

16 Repeal.

RSA 172:1,194-D:3, XXV, relative to thelimitations definitionon ofprocedure certifiedfor alcoholadoption and drugrescission. abuse counselor.

RSA 171:2,194-D:4, XXIX, relative to thepupil definitionselection ofand designatedenrollment. drug counselor.

917 Effective Date.

LBAFloor 25-0268Amendment 1/4/25to HB 751-FN-751-FN FISCAL- NOTEPage AS7 INTRODUCED- AN2026-0297s ACTAMENDED relativeANALYSIS toThis certificationbill: of alcohol and other substance misuse treatment facilities.

FISCALI. IMPACT:

ThisEstablishes billa doescommittee notto providestudy funding,licensure norof doesoutpatient itsubstance authorizeuse newdisorder positions.treatment facilities.

EstimatedII. State Impact FY 2025 FY 2026 FY 2027 FY 2028 $50,000 to $50,000 to $50,000 to Revenue $0 $75,000 $75,000 $75,000 Revenue Fund(s) Substance use center certification fees Expenditures* $0 $872,000 $389,000 $399,000 Funding Source(s) General Fund Substance Use Treatment and Certification Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

ThisAllows billparents establishesto asend certificationtheir processchildren forto substancepublic useschools treatmentoutside programs and facilities operating in the state of Newtheir Hampshire.resident district.

TheIII. Department of Health and Human Services would be required to maintain a publicly available listing of all certified programs and facilities, as well as all investigatory reports, monitoring reports, and final decisions made relative to certification.

InCreates addition,a limited exemption from the consent requirement under the parental bill establishesof arights newfor substancerequired useassessments treatmentand certificationschool-sponsored fund.events open to the general public.

All fees received from certification will be kept in the separate fund.

The Department notes that certification rates are intended to be based on the revenue needed to support operation of the program, but operational costs may be greater than reasonable fees will allow, resulting in a need for additional general funds.

Finally, the bill states that the Department shall designate an individual within its Ombudsman's office to investigate and resolve complaints to promote the health, safety, welfare, and civil or human rights of anyone receiving treatment at substance use or mental health treatment facilities.

The bill expressly notes that the Department's new responsibilities are subject to available funding.

The Department states that although the total number of substance use treatment agencies is unknown, there are 65 individual organizations enrolled with Medicaid as substance use disorder outpatient groups or programs, with a total of 106 separate sites.

There are also agencies that are not enrolled with Medicaid, as well as fluctuation in agencies opening and closing over time.

In addition, the bill includes residential facilities within its definition of treatment programs and facilities.

The Department estimates a total of 50-150 agencies in need of certification, requiring four additional staff:

three Licensing and Evaluation Coordinators and one Supervisor IV, at a total cost of $322,000 in FY25, $339,000 in FY26, and $349,000 in FY27.

In addition, the Department anticipates a one-time IT infrastructure cost of $500,000 in FY26.

The Department notes that although the program is intended to be self-funded through the substance use treatment and certification fund, the positions will need to be filled before any revenues are received, resulting in a general fund cost in the first year of implementation.

With respect to the responsibilities added to the Ombudsman's Office, the Department anticipates costs of up to $50,000 per year to cover training for existing Ombudsman personnel, as well as for certified providers.

AGENCIES CONTACTED:

Department of Health and Human Services