NH: Latest open enrollment bill clarifies special education protections

Apr 14, 2026

New Hampshire Public Radio

There is more clarity this week about the so-called open enrollment legislation that would allow New Hampshire students to attend public schools outside their districts. According to the state Department of Education, a student’s home district would still have to pay their special education costs if they enrolled outside the district. But their new district would have to cover the costs of accommodations required under a different disability protection known as Section 504. Those protections often relate to things like health conditions, attention deficit and hyperactivity disorder, vision needs, and emotional disturbances. The newest bill would also prohibit school districts from rejecting students for disciplinary issues if their infractions were related to a disability. Districts also would not be allowed to turn away students for chronic absenteeism if their absences were due to bullying or being homeless. During a hearing on Monday, Republican lawmakers said school districts could block non-resident students from enrolling by setting their “capacity” at zero. But they could not prohibit their students from enrolling in other districts.

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