Committee expands EFA priority to children of active-duty service members, clarifies residency rules
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Summary
The committee approved an amendment and OTPA on HB1832 to add New Hampshire-resident students with an active-duty parent or guardian to Education Freedom Account priority guidelines; the amendment clarifies residency and active-duty definitions and passed 10–8.
Lawmakers on Jan. 22 approved an amendment and an OTPA motion for HB1832 to add students with a parent or guardian on active-duty military service to the priority list for Education Freedom Accounts (EFA).
Representative Belcher, who sponsored the amendment, said the change was written to be "as comprehensive as possible," allowing a student who resides in New Hampshire to qualify if one or more parents or guardians are on active duty, regardless of the parent’s physical location. Belcher told the committee the amendment’s language would cover cases where a custodial parent lives in New Hampshire and the other parent is deployed overseas.
Committee members sought clarification about recertification and whether a child who benefited from the priority would remain in the program if a parent later left military service. The amendment does not change recertification rules; members said reapplication processes still govern continued participation.
Members also raised boarding-school edge cases and asked whether the change could provide EFA benefits to students whose parents are not New Hampshire taxpayers. Representative Balboni and others noted ambiguity in the draft and observed that, where the law is unclear, the Children’s Scholarship Fund interprets program rules.
Representative Belcher cited RSA 193:12 to clarify that legal residence for school purposes is determined by the parent with custody, a point used to reassure members concerned about out-of-state parents and boarding-school scenarios.
The committee voted 10–8 for the amendment/OPTA. Representative Belcher will file the majority report and Representative Balboni will prepare the minority report. Members asked staff and program administrators to ensure guidance on residency and recertification is clear before the measure advances.
Next steps: Committee reports will record the amendment and split vote; implementation questions about recertification and interpretation by the Children’s Scholarship Fund were not resolved in committee and may require follow-up.
