HB 709-FN - AS INTRODUCED 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:

Burnham,McDonnell, Straf.Rock.

2;25 November 4, 2025 2025-3073h 07/09 Amendment to HB 709-FN Amend the bill by replacing all after the enacting clause with the following:

Rep.3 1 Education;

DeRoy, Straf.

3;

Rep.

Granger, Straf.

2;

Rep.

Potenza, Straf.

19;

Rep.

Turcotte, Straf.

4 COMMITTEE:

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

HB 709-FN - AS INTRODUCED 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;

Definition of ResidencyResidency. .

Amend the introductory paragraph of RSA 193:12, II through II(a) to read as follows:

II.(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:

For(1) purposesIf ofthe thisparents section,live theapart and are not divorced, legal residence is the residence of athe pupilparent shallwith bewhom asthe follows:child resides, or where such parent pays property or school district taxes, provided his or her parents reside in New Hampshire.

(a)(2)(A) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the caselegal residence of a minor,minor legalchild is the residence isof wherethe hisparent orwith herwhom parentsthe residechild resides or paywhere such parent pays property or school district taxes, exceptprovided that:such parent resides in New Hampshire.

(1)In Ifa thedivorce parentsdecree, liveor apartparenting andplan aredeveloped notpursuant divorced,to RSA 461-A, a child's legal residence is[for theschool residenceattendance ofpurposes] may be the school district in which either parent withresides whomor 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 resides,will orattend whereand sucheach parent paysfurnishes propertya orcopy of the agreement to the school district taxes.[in which the parent resides].

(2)(A)The In a divorce decree where parents areshall awardedupdate jointtheir decisionparenting makingplan responsibilityto orreflect jointthis legalagreement. custody, the legal residence of a minor child is the residence of the parent with whom the child resides.

InIf a divorceparent decree,is orawarded parentingsole planor developedprimary pursuantresidential toresponsibility RSAor 461-physical A,custody by a child'scourt legalof residencecompetent forjurisdiction school attendance purposes may be the school district in whichthis eitheror parentany residesother orstate, payslegal propertyresidence orof schoola districtminor taxes,child providedis the parentsresidence agreeof inthe writingparent towho thehas districtsole theor childprimary willresidential attendresponsibility andor eachphysical parentcustody, furnishesor awhere copysuch ofparent thepays agreementproperty toor the school district intaxes, whichprovided thesuch parent resides orin paysNew propertyHampshire. or school district taxes.

TheIf parentsthe shall update their parenting plan to reflect this agreement.If a parent iswith awarded sole or primary residential responsibility or physical custody bylives aoutside courtthe ofstate competent jurisdiction in this or any other state, legal residence of aNew minorHampshire, child is the residencepupil ofdoes thenot parenthave whoresidence hasin soleNew orHampshire. 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, unless that parent pays property or school district taxes in New Hampshire.

If a child is in a court-court-ordered 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 Amendment to HB 709-FN - Page 2 - 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.

HB 709-FN - AS INTRODUCED - Page 2 - (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.taxes, provided his or her parents reside in New Hampshire.

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 Education;Effective Date.

Pupils;This act shall take effect July 1, 2026.

School Attendance;