New Hampshire Revised Statutes 194-D:3 – Procedure for Adoption and Rescission; Limitations
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I. Any school district may adopt the provisions of RSA 194-D, to adopt an open enrollment school program, in the following manner:
(a) A question shall be placed on the warrant of a special or annual school district meeting which body shall have final authority to adopt the provisions of this chapter.
(b)(1) In districts without annual meetings, the legislative body of the school district shall consider and act upon the question in accordance with their current procedures. To the extent and if permitted by local ordinance, upon submission to the legislative body within 60 days of the legislative body’s vote of a petition signed by 100 or by 2 percent, whichever is less, of the registered voters, the legislative body shall place the question on the official ballot for any regular election otherwise in accordance with their current procedures for passage of referenda.
(2) The school district legislative body shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(3) In the event that the referendum is nonbinding, the question shall be returned for reconsideration to the legislative body which shall have final authority to adopt the provisions of this chapter.
(4) In the event that the referendum is binding, the public vote shall be the final and binding authority to adopt the provisions of this chapter.
(c)(1) In adopting the provisions of RSA 194-D, a school district shall impose limitations on the number of its resident pupils who may attend open enrollment schools located inside and outside the school district. These limitations shall be represented as any percentage between zero and 100 percent of the school district’s current pupil enrollment.
(2) In school districts with annual meetings, where no limitation question receives a majority vote, the limitations applying to the district shall be zero. Where 2 or more conflicting adoption and/or limitation questions receive a majority vote, that combination of adoption and limitation provisions receiving a majority vote granting greatest latitude of parental choice shall apply.
(d) For all limitation questions, the school board shall propose a percentage limitation number. The number may also be proposed by petition. To change limitation percentages, a district need only act upon the relevant limitation questions. Where no limitations are to be changed, no limitation questions shall be presented to the voters.
(e) Adoption and limitation actions shall become effective on July 1 immediately following the action to adopt or limit.
II. (a) A school district which has adopted any provisions of N.H. Rev. Stat. Chapter 194-D may rescind its action or modify the limitations imposed in the manner described in paragraph I.
(b) If a majority of those voting vote to rescind the provisions of N.H. Rev. Stat. Chapter 194-D or to reduce the percentages of pupils eligible to attend open enrollment schools, then as of July 1 next:
(1) If the percentage of pupils eligible for tuition to attend open enrollment schools in other districts is reduced, a resident pupil enrolled at a school outside the district shall continue to be eligible for tuition for the period necessary to complete the highest grade level offered by the school.
(2) If the percentage of pupils eligible for tuition to attend open enrollment schools in the resident district is reduced, the resident district shall make alternate arrangements in accordance with N.H. Rev. Stat. § 189:1-a for the education of any affected pupil.
(c) If a host district rescinds its vote enabling the operation of an open enrollment school located in that district, the open enrollment school may retain its physical location and may continue to receive students and tuition from other districts if any sending district agrees to assume the responsibilities of the host district within 18 months of the effective date of the rescission. The parent of a pupil attending that school may apply to any other open enrollment school eligible to receive pupils under the provisions of this chapter. The pupil’s sending district shall not be relieved of its obligation to educate that pupil in accordance with the district’s policies.
III. This section shall apply to the establishment of each individual open enrollment school.
IV. 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.
(a) A question shall be placed on the warrant of a special or annual school district meeting which body shall have final authority to adopt the provisions of this chapter.
Terms Used In New Hampshire Revised Statutes 194-D:3
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- legislative body: shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention. See New Hampshire Revised Statutes 21:47
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b)(1) In districts without annual meetings, the legislative body of the school district shall consider and act upon the question in accordance with their current procedures. To the extent and if permitted by local ordinance, upon submission to the legislative body within 60 days of the legislative body’s vote of a petition signed by 100 or by 2 percent, whichever is less, of the registered voters, the legislative body shall place the question on the official ballot for any regular election otherwise in accordance with their current procedures for passage of referenda.
(2) The school district legislative body shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(3) In the event that the referendum is nonbinding, the question shall be returned for reconsideration to the legislative body which shall have final authority to adopt the provisions of this chapter.
(4) In the event that the referendum is binding, the public vote shall be the final and binding authority to adopt the provisions of this chapter.
(c)(1) In adopting the provisions of RSA 194-D, a school district shall impose limitations on the number of its resident pupils who may attend open enrollment schools located inside and outside the school district. These limitations shall be represented as any percentage between zero and 100 percent of the school district’s current pupil enrollment.
(2) In school districts with annual meetings, where no limitation question receives a majority vote, the limitations applying to the district shall be zero. Where 2 or more conflicting adoption and/or limitation questions receive a majority vote, that combination of adoption and limitation provisions receiving a majority vote granting greatest latitude of parental choice shall apply.
(d) For all limitation questions, the school board shall propose a percentage limitation number. The number may also be proposed by petition. To change limitation percentages, a district need only act upon the relevant limitation questions. Where no limitations are to be changed, no limitation questions shall be presented to the voters.
(e) Adoption and limitation actions shall become effective on July 1 immediately following the action to adopt or limit.
II. (a) A school district which has adopted any provisions of N.H. Rev. Stat. Chapter 194-D may rescind its action or modify the limitations imposed in the manner described in paragraph I.
(b) If a majority of those voting vote to rescind the provisions of N.H. Rev. Stat. Chapter 194-D or to reduce the percentages of pupils eligible to attend open enrollment schools, then as of July 1 next:
(1) If the percentage of pupils eligible for tuition to attend open enrollment schools in other districts is reduced, a resident pupil enrolled at a school outside the district shall continue to be eligible for tuition for the period necessary to complete the highest grade level offered by the school.
(2) If the percentage of pupils eligible for tuition to attend open enrollment schools in the resident district is reduced, the resident district shall make alternate arrangements in accordance with N.H. Rev. Stat. § 189:1-a for the education of any affected pupil.
(c) If a host district rescinds its vote enabling the operation of an open enrollment school located in that district, the open enrollment school may retain its physical location and may continue to receive students and tuition from other districts if any sending district agrees to assume the responsibilities of the host district within 18 months of the effective date of the rescission. The parent of a pupil attending that school may apply to any other open enrollment school eligible to receive pupils under the provisions of this chapter. The pupil’s sending district shall not be relieved of its obligation to educate that pupil in accordance with the district’s policies.
III. This section shall apply to the establishment of each individual open enrollment school.
IV. 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.