Open Enrollment Bill Passes House Education Policy Committee Despite Democrat Opposition

By PAULA TRACY, InDepthNH

CONCORD, NH — Open enrollment in public schools was fast tracked by Republicans in the House Education Policy and Administration Committee Monday despite numerous questions from Democrats on what the bill means and what it would actually do in the state.

Republicans said it was about school choice. But Democrats said it is not a popular idea and should be instead studied.

If the Republican controlled House of Representatives votes to pass it, it still will have to go to the House Finance Committee and likely back to the Senate before heading to the governor's desk.

State Rep. Mike Belcher, R-Wakefield, said the bill is about giving parents choice and he said he was not really worried about the cost of the bill. State Rep. Loren Selig, D-Durham, said she worried about where the money will come from and who will pay what.

"How is this going to get paid for," Selig said noting there are many more questions that need to be clarified by the Department of Education.

If there is capacity in a school, Senate Bill 101 would allow parents to send their children to public schools outside of their resident district at their per pupil tuition rate. The resident school district would pay for it. It would not include transportation.

It would make all New Hampshire public schools open enrollment schools.

The bill passed the Senate with only the Republicans voting to support it.

State Rep. Kristin Noble, R-Bedford, chair, said while "This (bill) still has a long way to go, yet," and if the answers are not available immediately, she was comfortable getting answers when the bill goes to the Finance Committee.

Noble said the committee would vote on it Monday "Because we are on a deadline."

State Rep. Katy Peternel, R-Wolfeboro who is vice chair of the committee, said important changes were made in the bill as it relates to financing.

"One of the most important concerns that we heard on the...original bill was the funding mechanism. I really think that this new funding mechanism using the charter school format shifts the burden to the state, takes some of the burden off of the local districts and is really exceptionally fair. In fact, it is more fair than in some states who have a different funding mechanism where the state pays more of educational costs and I think this really meets the needs of parents and their students and gives them an opportunity within the local public schools," she said.

State Rep. Hope Damon, D-Croydon, suggested that a 15-member study commission would be best, noting that the public is not in favor of open enrollment at this time.

But the bill passed 10-8 and Belcher said, "This legislation in my eyes is fundamentality another parental choice and school choice piece of legislation that we are taking up to break down the barriers, geographic barriers that will allow students to cross the district boundaries and attend school elsewhere if they and their family believe that is the best option for them."

"And that is an important thing to point out because there has been a lot of discussion about where the ultimate responsibility for these things lies. And I think from my perspective it lies with parents. And because it lies with parents, they have the ultimate responsibility for the upbringing and education directing the education of their own children. They ought to have as many options as can be reasonably implemented because that is their right. that is part of parental rights. So anything, anything short of that where we would prohibit the students from being able to leave to cross borders for any reason whatsoever is in my view an infringement on parental rights. Because they are the ones who have the right to direct the upbringing of their children. I think this will be really good, groundbreaking legislation that will allow students of all kinds - whether they be special ed students or just general education students - to have more opportunity," he stressed.

"I am not particularly concerned with the costs although granted there could be some additional costs associated with it, I do want to point out that as of right now, revenues are almost $140 million over what was estimated. If you compare that to, for instance, to the EFA (Education Freedom Account) program that we frequently hear is so expensive, well the EFA program is running a little over $50 million which only represents about 1.36 percent of overall education spending in the state. And I don't think we can expect a lot more than that from this. It's a relative drop in the bucket compared to overall education spending that enables parents to have that choice."

State Rep. Peggy Balboni, D-Rye opposed the amended version of the bill and spoke on behalf of the Democrats who are in the minority on the committee.

Balboni said this is a major policy change that is being rushed through and there are many questions including equity and funding mechanisms.

She noted there were 104 school districts that had open enrollment on the ballot this spring at meetings and 81 passed allowing some students in and no students out and another 12 where the voters chose no students in or out.

There were 2,173 opposed in online testimony to the bill and 75 in support. Balboni said there were also too many funding questions with the amendment.

This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.