Ways & Means committee finds S.214 favorable to allow NEK Choice students to attend nearby New Hampshire public pre-Ks

The Ways & Means Committee voted 9–1 on May 7 to find S.214 favorable, a bill that would let the NEK Choice School District pay tuition for eligible prekindergarten children to public schools in New Hampshire within 25 miles of the Vermont border.

Beth St. James of the Office of Legislative Council told the committee S.214 amends Section 8 29 (the prekindergarten statute) by adding a subsection permitting the district to “provide prekindergarten education to eligible pre-k students by paying tuition pursuant to this section to 1 or more pre-k programs operated by a public school in New Hampshire that is located in a school district within 25 miles of the Vermont border.” She said the bill authorizes the Essex North Supervisory Union to administer enrollment and payments and allows the superintendent to apply for a waiver from the Agency of Education and DCF for any rule provision that proves impractical.

Ezra Holden of the Joint Fiscal Office said the fiscal impact would begin in fiscal year 2028, estimating that up to 14 students (seven age 3 and seven age 4) could gain access to UPK under the bill. At current Act 166 tuition rates, Holden said that would amount to roughly $60,000 in additional education fund expenditures, which the office characterized as de minimis relative to the size of the fund.

Committee members pressed for detail on the bill’s handling of licensing and quality standards. As one member put it, “If you’re in New Hampshire, they may not hold a Vermont license,” and members asked whether New Hampshire programs’ licensing and early learning standards would be considered ‘substantially equivalent.’ St. James said the bill leaves that determination to the agencies and the local district, explaining the language came from collaboration among the Agency of Education, DCF and the district in question.

Several lawmakers raised equity and special-education concerns. A committee member cautioned that tuitioning children out of state could leave high-need students without consistent services and said, “I worry that we…are approving a lower standard for some kids,” noting that some Vermont tuitioned-to districts have a high share of students with individualized education programs (IEPs). Committee discussion included doubts about virtual programs’ substantive equivalence and whether some nearby New Hampshire districts have capacity to enroll pre-k children.

Other members said the bill expands access for families who live nearer New Hampshire schools than Vermont options and could allow parents who already drive older children across the border to enroll younger children in the same district. One member urged exploring contracting with local providers or providing transportation to stabilize local programs as policy alternatives to tuitioning children out of state.

Representative Maslin moved that the committee find S.214 favorable. The clerk called the roll and the committee recorded the motion favorable by a 9–1 vote. The committee concluded the session after the vote.

The bill as passed out of the Ways & Means Committee would allow the district to pursue tuition payments and to seek agency waivers; any implementation details on waivers, transportation, or program standards would be determined by the Agency of Education, DCF and the local district if the statute takes effect on July 1, 2026.