Sponsor frames bill to bar use of operating school buildings as long-term shelters for noncitizens; committee asks about federal funding risk

Representative Juliet Harvey Bouley, prime sponsor of House Bill 71, told the House Education Policy Administration Committee that the measure would condition receipt of certain state funds on school districts not using operating school facilities to shelter noncitizens who have not been admitted to the United States.

"I would argue that this bill does not prohibit or ban anything," Bouley told the committee, saying the language mirrors the national "Schools Not Shelters Act" used elsewhere and is aimed at preventing long disruptions to in-person instruction after schools are converted to shelter space.

Bouley said the bill allows short-term emergency sheltering "not to exceed 72 hours" and includes exceptions when a facility is opened to the entire community after a weather event or other emergency. She said the measure applies to noncitizens as defined by U.S. authorities and to people with refugee status.

Committee members repeatedly asked whether the bill could put federal refugee-resettlement or other federal funding at risk. Bouley said she had discussed the fiscal methodology cited in the bill packet with former DHHS commissioner John Stevens, who told her the fiscal note wording was "erroneous" and that the potential loss of funds should be described as undeterminable rather than a quantified figure. "I couldn't find any reason why this would encumber anything," Bouley said.

Several members pressed the practical implications. Representative Boot (asked whether vacated school-owned buildings would be covered), Representative Woodcock and others asked whether the measure would prevent school buildings from being used for summer housing or for programs when students are not in session. Bouley answered that facilities not functioning as schools would generally not be covered, but that long-term uses during summer that displace student programs could fall under the bill.

Jerry Frew, representing the New Hampshire Association of School Administrators and a former superintendent, urged the committee to consider implementation details at the building level. He asked who on-site would determine whether an individual may be admitted to shelter space and noted that practical operations during weather disasters often require sheltering for more than 72 hours. Frew also asked whether the bill would apply to public charter schools; he said those schools must be specifically included in statute if an intent exists to cover them.

Bouley and Frew both said they had reviewed federal refugee resettlement allocations and cited Office of Refugee Resettlement (ORR) figures for New Hampshire as background materials to the committee.

No formal action or vote was taken at the close of the hearing; committee members indicated follow-up questions and review of the fiscal note wording might be needed.

Ending: The committee carried the bill forward for consideration; members asked staff and the sponsor to provide clearer fiscal and operational analysis before any committee recommendation.