Bill Text: NH HB1325 | 2012 | Regular Session | Chaptered
Bill Title: Relative to legal residency requirements for purposes of school attendance for children of divorced parents.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-06-22 - House Signed By Governor 06/18/2012; Effective 06/18/2012; Chapter 0257 [HB1325 Detail]
Download: New_Hampshire-2012-HB1325-Chaptered.html
CHAPTER 257
HB 1325 – FINAL VERSION
1Feb2012… 0307h
28Mar2012… 1334h
05/16/12 2145s
6June2012… 2449CofC
2012 SESSION
04/05
HOUSE BILL 1325
AN ACT relative to legal residency requirements for purposes of school attendance for children of divorced parents.
SPONSORS: Rep. Proulx, Hills 15
This bill revises the legal residency requirements for purposes of school attendance for children of divorced parents.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
1Feb2012… 0307h
28Mar2012… 1334h
05/16/12 2145s
6June2012… 2449CofC
12-2012
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to legal residency requirements for purposes of school attendance for children of divorced parents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
257:1 School Attendance; Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:
(2)(A) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child’s legal residence for school attendance purposes may be the school district in which either parent resides, provided the parents agree in writing to the district the child will attend and each parent furnishes a copy of the agreement to the school district in which the parent resides. The parents shall update their parenting plan to reflect this agreement. If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary residential responsibility or physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire. If the court order is for equal or approximately equal periods of residential responsibility, the child’s legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28.
(B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the school district in which the child resides or beyond the geographical limits of the school district in which the child resides.
257:2 Effective Date. This act shall take effect upon its passage.
Approved: June 18, 2012
Effective Date: June 18, 2012
