relative to legal residency for the purpose of public school education
last updated 04/06/03, 7:00AM
From House Calendar No. 26, 03/21/03
Amendment to HB 568-LOCAL
Proposed by the Committee on Education - C
Amend the bill by replacing all after the enacting clause with the following:
1 Pupils; Legal Residence of Homeless Children.
RSA 193:12, IV is repealed and reenacted to read as follows:
IV. The term “homeless children and youths” means individuals
who lack a fixed, regular, and adequate nighttime residence, and shall include the
following:
(a) Children and youths who are sharing the
housing of other persons due to loss of housing, economic hardship, or a similar
reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack
of alternative adequate accommodations; are living in emergency or transitional shelters;
are abandoned in hospitals; or are awaiting foster care placement.
(b) Children and youths who have a primary
nighttime residence that is a public or private place not designed for or ordinarily
used as a regular sleeping accommodation for human beings.
(c) Children and youths who are living in cars,
parks, public spaces, abandoned buildings, substandard housing, bus or train
stations, or similar settings.
(d) Migratory children, as defined in 20 U.S.C.
6399 who qualify as homeless because such children are living in circumstances
as described in subparagraphs (a)-(c).
2 Pupils; Legal Residence of Homeless Children.
Amend RSA 193:12, VI to read as follows:
VI. The
[superintendent]
commissioner of the department of education, or designee
shall decide residency issues under this section. If more than one school district is
involved in a residency dispute or the parents who live apart cannot agree on the
residence of a minor child, the respective superintendents shall jointly make such
decision. In those instances when an agreement cannot be reached in a timely manner,
the commissioner of
the department of
education
, or designee
shall make a determination and such determination shall be final.
In any case, a written explanation 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
individual education plan. A pupil shall remain in attendance in the pupil’s school of
origin during the pendency of a determination of residency and shall be counted in the
average daily membership in residence in the district of residence. In this paragraph,
“school of origin” means the school the child attended when permanently housed or the
school in which the child was last enrolled. Notwithstanding the provisions of
RSA 21-N:11, III any person aggrieved by a determination of the commissioner may appeal
such determination to a court of competent jurisdiction.
3 Effective Date. This act shall take effect 60 days after its passage.
AMENDED ANALYSIS
This bill changes the definition of legal residency for homeless
children and youths and provides that disputes regarding residency shall be resolved by the
commissioner of the department of education, or a designee.
from House Calendar No. 25, 03/21/03
HB 568-L, relative to legal residency for the purpose of public school education. OUGHT TO PASS WITH AMENDMENT
Rep. Clair A. Snyder for Education: This bill brings us into compliance with the Federal McKinney-Vento Act and creates a method of
final determination in case of dispute by relevant districts. Vote 18-0.