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SB 101 · 2026 · Senate · Education Committee

Statewide school open enrollment

AI-generated

(Second New Title) authorizing parents to enroll their children in any public school in the state.

Requires school districts to establish open enrollment policies letting parents apply to enroll their children in any public school in the state, using published capacity and a lottery when applications exceed available space, funded through the education trust fund.AI-generated

Status

Killed in the Senate — Inexpedient to Legislate · January 7, 2026
  1. ✓Introduced
  2. ✕Senate
  3. House
  4. Governor
  5. Law

Analysis

This bill directs the governing body of each school district to establish an open enrollment policy to allow pupils to transfer among schools within the district and from another district in the state. Each school would be required to provide notice of its capacity to accept open enrollment pupils and would require selection by lottery in the event applications exceed capacity. The bill also establishes a funding formula for payments by the department of education from the education trust fund for open enrollment pupils.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House.

“Each district governing body shall establish an open enrollment policy to allow pupils to transfer among schools within the district and from another district in the state, or from any state that has an interstate compact with New Hampshire that does not require nonresident pupils to pay an application fee or tuition.”
RSA 194-D:2, I

The mandate: every district must have an open-enrollment policy, reaching across district and even state lines.AI-generated

“Applications for open enrollment may be denied only for the following reasons: (a) The pupil was expelled by the pupil's previous district; (b) The pupil has a documented history of significant disciplinary issues that are not documented as part of an identified disability; (c) The pupil has a documented history of chronic absenteeism that is not documented through a section 504 plan or IEP, through McKinney Vento status, or due to Foster Care, or as a result of bullying; (d) The school, grade level, program, or class has reached the allotted capacity set for open enrollment pupils by the school district’s governing body pursuant to paragraph III; or (e) The pupil does not satisfy the prerequisite requirements for the program.”
RSA 194-D:2, X

A closed list of grounds for refusal — expulsion, documented discipline or absenteeism, capacity, or prerequisites.AI-generated

“No receiving school shall accept or reject an applicant based on pupil needs, special education needs, disability of a pupil, aptitude, or athletic achievement.”
RSA 194-D:2, XI

The anti-skimming clause, and the answer to the objection that open enrollment lets schools recruit.AI-generated

“There shall be no tuition charge for any pupil attending an open enrollment school. (b) For each open enrollment pupil, the department of education shall pay aid amounts pursuant to RSA 198:40-a, II(a)-(c) plus the additional grant pursuant to RSA 194-B:11, I(b)(1)(A) to all open enrollment public schools according to the average daily membership in attendance pursuant to RSA 198:38, I(a).”
RSA 194-D:3, I

The money follows the pupil out of the education trust fund, not out of the sending district’s budget.AI-generated

“For the purposes of open enrollment pupil, neither the resident nor the receiving school district shall be obligated to provide transportation services for pupils attending a school outside the pupil's resident district. A parent may provide transportation to a bus stop on an existing route, unless otherwise determined by an IEP or Section 504 Plan, as determined by the receiving school district. The receiving district shall provide the parents with information regarding transportation options.”
RSA 194-D:2, XV

Neither district owes a bus — the practical limit on who could actually use the right.AI-generated

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Timothy LangRPrimeMajority Whip
  • Sen. Daniel InnisRVice Chair· Finance
  • Sen. James GrayRChair· Finance
  • Sen. Victoria SullivanRVice Chair· Education
  • Sen. Keith MurphyRChair· Education Finance
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Rep. Jason OsborneRMajority Leader
  • Rep. Gregory HillRChair· Legislative Administration
  • Rep. Erica LayonRChair· Executive Departments and Administration

Public testimony

2,250 signed in online · 812 wrote testimony

3% support97% oppose0% neutral

ForLets parents choose the school that best fits their child

AgainstNot truly equitable access to "choice"

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“Open enrollment is a way to bring constructive competition to public schools. When schools no longer get students by address, they will have to attract them via quality and specialization. Changes are likely to be gradual, but profound. Very much in favor.”
— Dan McGuire, Epsom · Epsomsupports
“I am writing to express my strong support for SB 101 and to urge you to advance this important Open Enrollment legislation for New Hampshire families and educators. As a teacher, I see firsthand the dedication educators bring to their classrooms every single day.…”
— Tiffany Locke-Barrett, Raymondsupports
“I am writing to express my strong support for SB 101 and the opportunity it presents to strengthen public education in New Hampshire.…”
— Robin Locke, Seabrooksupports
“The Pittsfield School Board wishes to express their concerns re: SB101. For small, property-tax dependent districts like Pittsfield, even a modest shift in student enrollment could create significant and unplanned financial impacts.…”
— Sandra Adams, Pittsfield · SAU51 Pittsfield School Distrctopposes
“This bill will prove disastrous for local schools, especially those who are already at a financial disadvantage.…”
— Nancy Jerauld, Litchfieldopposes
“?? UNANSWERED QUESTIONS ABOUT SB 101 — OPEN ENROLLMENT School boards and administrators across NH have submitted these questions. Not one has been answered. This is why we are asking legislators to slow down. ?? CAPACITY ??…”
— Andrew Sanborn, SANBORNTONopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Mar 13, 2025SenateCommittee report: Rereferred to Committee5–0
    Overall
    100% yea
  • Mar 13, 2025SenateVoice voteRereferred to Committeeadopted
  • Jan 7, 2026SenateCommittee report: Inexpedient to Legislate5–0
    Overall
    100% yea
  • Jan 7, 2026SenateVoice voteInexpedient to Legislatefailed
  • Jan 7, 2026SenateVoice voteOught to Passadopted
    Resulting text: Bill as amended by the Senate
  • Jan 29, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-0194s6–1
    Overall
    86% yea
  • Jan 29, 2026SenateRoll callCommittee amendment 2026-0194sAdopted14–10How they voted
    Overall
    58% yea
    Party-line vote
    Republicans
    14–288% yea
    Democrats
    0–80% yea
  • Jan 29, 2026SenateRoll callOught to Pass with Amendment #2026-0194sAdopted14–10How they voted
    Overall
    58% yea
    Party-line vote
    Republicans
    14–288% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • Apr 13, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-1451h (NT)10–8
    Overall
    56% yea
  • Apr 23, 2026HouseRoll callAmendment 2026-1451hAdopted182–172How they voted
    Overall
    51% yea
    Party-line vote
    Republicans
    182–1095% yea
    Democrats
    0–1620% yea
  • Apr 23, 2026HouseRoll callAmendment 2026-1455hFailed169–184How they voted
    Overall
    48% yea
    Party-line vote
    Republicans
    8–1844% yea
    Democrats
    161–0100% yea
  • Apr 23, 2026HouseRoll callOught to Pass with Amendment 2026-1451hFailed168–184How they voted
    Overall
    48% yea
    Party-line vote
    Republicans
    168–2288% yea
    Democrats
    0–1620% yea
  • Apr 23, 2026HouseDivisionLay SB101 on Table (Rep. Sweeney)Adopted320–32
    Overall
    91% yea

Hearings and debates

  • Jan 28, 2025Public hearingSenate Education2:17:50–2:40:3822m 48slocated in the stream transcriptHearing
  • Mar 13, 2025Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Rereferred to Committee; Rereferred to Committee — adopted, voice vote
  • Jan 7, 2026Floor debateSenate floor4:44:19–4:49:525m 33slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Vote 5-0; CC; Inexpedient to Legislate — failed, voice vote; Sen. Lang Moved Ought to Pass
  • Jan 20, 2026Public hearingSenate Finance1:13:06–1:21:238m 17slocated in the stream transcriptHearing
  • Jan 29, 2026Floor debateSenate floor1:29:20–1:36:237m 3slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2026-0194s; Ought to Pass with Amendment #2026-0194s — adopted, roll call 14-10; Committee Amendment # 2026-0194s — adopted, roll call 14-10
  • Mar 25, 2026Public hearingHouse Education Policy and Administration6:07:18–6:23:1916m 1slocated in the stream transcript==RECESSED== Public Hearing
  • Apr 1, 2026Public hearingHouse Education Policy and Administration4:05:15–4:23:0017m 45slocated in the stream transcript==CONTINUED== Public Hearing
  • Apr 13, 2026Public hearingHouse Education Policy and Administration4:55:01–5:03:318m 30slocated in the stream transcriptMajority Committee Report: Ought to Pass with Amendment # 2026-1451h (NT) — roll call; Full Committee Work Session; ==RECESSED== Executive Session
  • Apr 23, 2026Floor debateHouse floor2:12:33–2:29:5517m 22slocated in the stream transcriptOught to Pass with Amendment 2026-1451h — failed, roll call 168-184; Amendment # 2026-1451h (NT) — adopted, roll call 182-172; Amendment # 2026-1455h — failed, roll call 169-184

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Education; SJ 3
  2. Jan 28, 2025SenHearing: 01/28/2025, Room 101, LOB, 10:30 am; SC 7
  3. Mar 13, 2025SenCommittee Report: Rereferred to Committee, 03/13/2025; Vote 5-0; CC; SC 12
  4. Mar 13, 2025SenRereferred to Committee, MA, VV; 03/13/2025; SJ 7
  5. Jan 7, 2026Sen: Inexpedient to Legislate; Vote 5-0; CC; 01/07/2026; SC 46
  6. Jan 7, 2026SenSB 101 was Removed from the Consent Calendar; 01/07/2026; SJ 1
  7. Jan 7, 2026SenInexpedient to Legislate, MF, VV; 01/07/2026; SJ 1
  8. Jan 7, 2026SenSen. Lang Moved Ought to Pass; 01/07/2026; SJ 1
  9. Jan 7, 2026SenOught to Pass: MA, VV; Refer to Finance Rule 4-5; 01/07/2026; SJ 1
  10. Jan 20, 2026SenHearing: 01/20/2026, Room 103, SH, 02:10 pm, on proposed non-germane amendment # 2026-0071s; SC 2
  11. Jan 29, 2026Sen: Ought to Pass with Amendment # 2026-0194s, 01/29/2026, Vote 6-1; SC 3 P. 3
  12. Jan 29, 2026SenCommittee Amendment # 2026-0194s, RC 14Y-10N, AA; 01/29/2026; SJ 2
  13. Jan 29, 2026SenWithout Objection, Sen. Birdsell Moved the Question, MA; 01/29/2026; SJ 2
  14. Jan 29, 2026SenOught to Pass with Amendment #2026-0194s, RC 14Y-10N, MA; OT3rdg; 01/29/2026; SJ 2
  15. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Education Policy and Administration HJ 5 P. 124
  16. Mar 25, 2026House==RECESSED== Public Hearing: 03/25/2026 01:00 pm GP 232
  17. Apr 1, 2026House==CONTINUED== Public Hearing: 04/01/2026 10:00 am GP 232
  18. Apr 13, 2026HouseFull Committee Work Session: 04/13/2026 10:30 am GP 232
  19. Apr 13, 2026House==RECESSED== Executive Session: 04/13/2026 01:00 pm GP 232
  20. Apr 15, 2026House==CANCELLED== Executive Session: 04/15/2026 10:00 am GP 232
  21. Apr 13, 2026HouseMajority : Ought to Pass with Amendment # 2026-1451h (NT) 04/13/2026 (Vote 10-8; RC)
  22. Apr 15, 2026HouseMinority : Ought to Pass with Amendment # 2026-1455h (NT)
  23. Apr 23, 2026HouseAmendment # 2026-1451h (NT): AA RC 182-172 04/23/2026 HJ 11 P. 37
  24. Apr 23, 2026HouseAmendment # 2026-1455h: AF RC 169-184 04/23/2026 HJ 11 P. 42
  25. Apr 23, 2026HouseOught to Pass with Amendment 2026-1451h: MF RC 168-184 04/23/2026 HJ 11 P. 45
  26. Apr 23, 2026HouseLay SB101 on Table (Rep. Sweeney): MA DV 320-32 04/23/2026 HJ 11 P. 47

Coverage

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

  • Open enrollment policiesComparative

    Education Commission of the States — Mandatory versus voluntary open enrollment across the states, and how the money follows.AI-generated

  • Public schools without boundariesPro-choice

    Reason Foundation — The case for cross-district enrollment, with state report cards.AI-generated

  • Open enrollmentTeacher union

    National Education Association — The objections from districts and unions: transportation, special education, and district finances.AI-generated

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.