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Albany adopts RSA 194-D open-enrollment policy, limits town-funded transfers
Summary
Voters approved adopting RSA 194-D open-enrollment provisions and set the district’s funded transfers at 0%, a move officials said protects Albany from unanticipated tuition obligations under a recent state interpretation of the law.
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Albany voters adopted Article 8 to accept the provisions of New Hampshire RSA 194-D and to limit Albany-funded open-enrollment transfers to 0% of resident enrollment in grades K–12.
A school-region representative explained the recent change in how the statute is being interpreted, saying that a Supreme Court challenge and subsequent redefinition allow “any student in any school district across the state [to] attend another open enrollment school at 80% of the resident district’s cost per pupil as determined by the Department of Education.” The official urged adoption to give the district control over how many out-of-district open-enrollment students it would be willing to fund; the article’s 0% cap means the district would not fund attendance at open-enrollment schools outside of existing tuition contracts such as the one with Conway.
Residents raised concerns that the change is being debated while state-level implementation and pending bills remain unsettled; one speaker said the proposal was premature, calling it "the cart before the horse." School leaders noted that special-education costs remain the resident district’s responsibility regardless of where a student attends, and that billing practices for services could shift if pupils attend open-enrollment schools.
Supporters argued the measure protects small rural districts from sudden tuition exposure under the new interpretation, while opponents said a 0% limit may restrict parental choice in practice. After questions and clarification from district staff about billing and contract mechanics, the moderator called the vote and announced that Article 8 passed.
Why it matters: The vote responds to a state-level reinterpretation of open-enrollment law that could expose small sending districts to unexpected tuition bills. The local adoption plus a 0% cap is designed to limit Albany’s fiscal exposure and maintain the town’s existing tuition agreements.
What’s next: The district will remain attentive to pending state bills and any relevant appeals that could change how RSA 194-D is applied.

