Allowing public schools to contract with any approved nonpublic school.
Summary
HB 768 amends New Hampshire’s school tuition contract law to allow a local school board, under specified circumstances, to contract with any approved nonpublic school rather than only an approved nonsectarian private school. The bill applies when a district does not have a public school at the pupil’s grade level and the school board determines that a contract is in the student’s best interest. It also permits the school board to raise and appropriate money to fund the contract.
In practical terms, the bill broadens the range of private schools that may serve as tuitioning partners for public school districts, explicitly including religious schools if they are otherwise approved. The measure takes effect immediately upon passage and modifies RSA 189:1-a, IV, which governs a district’s duty to provide education when no public school is available at a given grade level.
Impact
The bill changes state law by striking the limitation to “nonsectarian private” schools and replacing it with “nonpublic” schools approved by the school board as part of a school tuition program under RSA 193:3. This expands the pool of eligible schools that can be contracted with using public funds, including sectarian or religious schools, so long as they are approved and the district meets the statutory conditions. The affected parties are school districts, school boards, students in districts without a public school at a given grade level, and approved nonpublic schools.
Sentiment
The bill appears to have received mixed but ultimately favorable legislative support. It advanced out of committee on an 15-8 vote for Ought to Pass with Amendment and later passed a House concurrence vote 192-158, indicating meaningful support but also substantial opposition. The vote pattern suggests the bill was viewed positively by supporters of expanded school choice and tuitioning flexibility, while still drawing significant concern from members opposed to extending public contracting authority to religious or sectarian schools.
Contention
The main point of contention is the removal of the “nonsectarian” limitation, which opens the door for public school districts to contract with religious schools. Supporters likely view this as a school choice and local control measure that gives districts more flexibility to meet student needs when no public school exists at a grade level. Opponents likely object on separation-of-church-and-state grounds, or to the use of public funds for sectarian education, and may also be concerned about the broader policy implications of expanding tuition contracts beyond nonsectarian private schools.