New Hampshire's legislature is advancing an open enrollment bill that would prohibit school districts from rejecting transfer students based on disability status and require receiving districts to cover Section 504 accommodation costs. The bill cleared a House committee on April 13 and is now headed to the full House for a vote.

This marks a significant protection for school-choice families. Students with IEPs and 504 plans are currently rejected from open enrollment programs at rates two to three times higher than their non-disabled peers, according to data from Wisconsin, Nebraska, and Oklahoma. New Hampshire's bill would make that discrimination illegal.

What the Bill Changes

Under the proposed legislation, school districts can't turn away transfer applicants because they have an IEP or 504 plan. That prohibition extends to disciplinary issues if the infractions were related to a disability, and to chronic absenteeism if absences were due to bullying or homelessness.

The bill also clarifies cost responsibilities. According to the state Department of Education, a student's home district would continue to pay special education costs under IDEA. But the receiving district would pick up costs for 504 accommodations: health-related supports, ADHD accommodations, vision needs, and emotional disturbance supports.

That's a departure from current practice in most states, where cost ambiguity creates an easy excuse for rejection.

The National Data Shows a Pattern

Wisconsin rejected 40% of open enrollment applications from students with disabilities in 2021-2022, compared to 14% from students without disabilities. One district near Madison announced 115 open enrollment slots and reserved zero for students with disabilities.

In Nebraska, students with IEPs made up 38% of all rejections despite being only 17% of students. Forty districts rejected only students with disabilities while accepting every other applicant.

Oklahoma state data from the 2024-25 school year shows 466 students were denied transfers specifically because districts lacked programs, staff, or services for their disability.

Nebraska explicitly prohibits districts from considering disability in enrollment decisions. They still deny students with disabilities at more than double the rate of their peers.

What This Means for New Hampshire Families

If the bill passes, families with IEPs or 504 plans would have explicit legal protection when applying for open enrollment. Districts can't reject your child because they require accommodations or services. Acceptance isn't automatic, since capacity limits and geographic restrictions still apply, but disability status alone can't be the reason for denial.

The 504 cost-sharing provision is equally important. Right now, receiving districts face an unclear financial picture when accepting a student with a 504 plan. Under federal law, the receiving district is responsible for 504 accommodations, and costs can be significant. That creates a clear incentive to turn students away. The bill forces districts to accept that responsibility up front.

What the Bill Doesn't Fix

The legislation still leaves gaps. Districts can reject students based on capacity, and there's no requirement to expand capacity for students with disabilities. If a district claims a special education program is full, the bill doesn't require them to add seats or hire staff.

The cost-sharing structure also creates a potential loophole. Home districts pay for IDEA services, but receiving districts pay for 504 accommodations. That split creates administrative complexity and potential disputes over which services fall under which framework. A student might have both an IEP and a 504 plan, or services that could be classified either way depending on how the district wants to account for them.

Critics have pointed out that if schools are supposed to operate like competitors in a marketplace, the financial incentives still point toward exclusion. Accepting a student who requires additional resources and support costs money. The bill prohibits explicit rejection based on disability, but it doesn't address the underlying resource allocation problem that makes rejection attractive in the first place.

What Families Can Do Now

If you're in New Hampshire and considering open enrollment, track the bill's progress through the legislature. The full House vote is expected in the coming weeks. If it passes, you'll want to understand the specific protections before applying.

Document everything if you apply. Keep copies of your application, your child's IEP or 504 plan, and any communication with the receiving district. If you're rejected, ask for the specific reason in writing. The bill's anti-discrimination provisions only work if families can prove they were rejected because of disability status, not capacity or some other stated reason.

If you're in another state, check your state's open enrollment laws for disability protections. Most states don't have them. Wisconsin, Nebraska, and Oklahoma all allow open enrollment, and all three show clear patterns of discrimination in acceptance rates. Advocacy groups are using New Hampshire's bill as a model for legislation in other states.

You can also contact your state education department to ask how open enrollment decisions are tracked and reported. Nebraska's data became public because advocates requested it. If your state doesn't track rejection reasons by disability status, there's no way to know if discrimination is happening, and no evidence to support legal challenges or legislative changes.

Timeline and Next Steps

The House vote is expected in late April or early May. If it passes there, the bill moves to the Senate. The legislative session runs through June, so passage this year is possible but not guaranteed.

Advocacy groups including Reaching Higher NH and the Disability Rights Center of New Hampshire are tracking the bill and providing updates. If you want to follow the legislation or submit testimony, check their websites for hearing schedules and contact information for your representatives.

The bill is SB 101 in the current legislative session. You can read the full text and track amendments on the New Hampshire General Court website.