In a break with her party’s legislative leaders over a major proposed change to education policy, Republican Gov. Kelly Ayotte said Thursday she does not plan to support universal open enrollment, despite eleventh-hour changes to the proposed law.
“That bill is not ready for primetime,” Ayotte said in a statement, as negotiators in the House and Senate worked to return an amended version of the bill to their chambers for a final vote next week.
As of late Thursday afternoon, the deadline for legislators to agree to finalize changes to bills, the situation remained fluid. After Ayotte voiced her opposition, a committee of lawmakers returned to the negotiating table and attempted to rework the bill, proposing an amendment that would eliminate the authority school districts currently have to restrict open enrollment through annual meeting votes.
It was not immediately clear whether that change would appease Ayotte.
A spokesperson for the governor, who has previously supported so-called “school choice” policies, did not respond to a question about why she didn’t approve of the legislation.
The policy, which would allow students to attend any public school in the state with available space at no cost to their families, has endured a topsy-turvy last several months.
In January, it passed the Senate. In February, the House opted against supporting the Senate-approved version of the bill. In March, in response to significant public opposition, lawmakers changed how the policy would be funded, diminishing the responsibility of local school districts. In April, nearly two dozen House Republicans tanked the amended bill. And last week, lawmakers introduced another change designed to flip enough of the House defectors.
All along, until Thursday, outside of expressing concern about the original bill in January, Ayotte had stayed quiet publicly on her perspective.
It was not clear whether the lawmakers working this week to craft an amenable version of the bill, HB 751, had consulted with the governor as they worked. A pair of public negotiation sessions on the bill, scheduled for Tuesday and Wednesday, were canceled, suggesting ongoing backroom dealmaking.
But by Thursday, members of the committee voted to approve the same version of the bill they had introduced last week, which would cap the number of students who could transfer schools at 500 in the first year of the policy.
Republicans on the committee expressed support for the bill and did not publicly indicate they were still working to win over the governor. Neither Republican Sen. Tim Lang nor Rep. Kristin Noble, who have together spearheaded the open enrollment push, responded to requests for comment on Ayotte’s statement.
Open enrollment has been framed by proponents as a way to ensure students aren’t stuck in districts that don’t suit them due solely to where they live.
Opponents of the policy, however, have argued it would exacerbate inequalities between districts because schools that lose students also lose the state adequacy payments tied to them. They have also pointed out that school transfers will only be available to families with the means to transport their children and have expressed concerns about the provision of special education services, which would remain the responsibility of the district in which a student lives.
