NH House Bill 568 (LSR 387)

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 RSA 193:12, IV is repealed and reenacted to read as follows: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.