Henniker school board removes open-enrollment warrant article after lengthy debate
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Summary
After lengthy public discussion and legal uncertainty, the Henniker School Board voted Jan. 13 to strike the open-enrollment warrant article, citing potential financial risk and unclear court precedent. Members said they may revisit the issue if state guidance or court rulings change.
The Henniker School Board voted on Jan. 13 to remove the proposed open-enrollment warrant article from the town warrant, deciding the district should wait for clearer legal and legislative guidance before asking voters to act.
Board member Jackie, who presented the district's analysis, told the board she favored a cautious approach to limit the district’s fiscal exposure. “That’s why I’m recommending that we do 0% sending,” Jackie said during the public hearing, describing the district’s concern about being legally responsible for 80% of a pupil’s cost if students attend other districts.
The recommendation emerged amid a flurry of questions about how recent court decisions and pending state bills would affect local control. Jackie cited court precedent involving Pittsfield and Prospect Mountain to explain legal uncertainty over whether local area or tuition agreements would be protected in litigation. Board members who opposed acting immediately said adopting a 0% position could create optics problems and argued the district might be better served by waiting for the Legislature or additional court rulings.
Jason, who urged patience, said he would “rather do nothing and wait” for more state-level clarity rather than adopt a potentially ineffective or legally vulnerable provision.
After extended discussion about equity, fiscal risk and the ability to offer targeted tuition arrangements without a warrant article, the board moved to strike the open-enrollment article. The motion passed by voice vote. Board members emphasized the issue remains on the agenda for future meetings and could be revisited before deliberative session if new legal guidance appears.
What happens next: removing the article does not prevent the district from admitting individual students under existing tuition or hardship arrangements, but it removes a voter decision on a district-wide open-enrollment policy from the upcoming warrant. Board members said they expect to monitor legislative activity and court decisions and to return to the topic if necessary.