New Hampshire Grandparent School Enrollment Without Custody

The Problem You're Facing at the SAU Office

You walk into the school administrative unit with your grandchild, ready to start the enrollment process — and the registrar asks for a custody order you don't have. It's the single most common roadblock grandparents and relatives face in New Hampshire when they're suddenly raising someone else's child.

New Hampshire law ties a child's school residency to the parents' legal residence, subject to statutory exceptions. Under RSA 193:12, II(a), a minor's residence generally follows the parents, with exceptions for parents living apart, custody orders, guardianship, and court-ordered placements. Simply having the child live in your home doesn't automatically shift enrollment rights to your district.

But there are two powerful exceptions.

Exception 1: The Pending Guardianship Petition

RSA 193:12, II(a)(3) creates a straightforward workaround. When a relative (other than a parent) files a guardianship or legal custody petition in a court of competent jurisdiction, the child must be permitted to attend school in the relative's district while the petition is pending. The school district cannot demand a final court order.

What you need to bring to the SAU:

• A court-stamped copy of the filed Petition for Guardian of Minor, requesting guardianship of the person
• Proof that you live within the district (utility bill, lease, or property tax statement)
• The child's birth certificate
• Immunization records compliant with RSA 141-C:20-a (or documentation of an exemption under RSA 141-C:20-c)

The filing itself unlocks enrollment. You don't need to wait for the hearing, and the district is statutorily required to enroll the child immediately.

Exception 2: McKinney-Vento Protections

If the child came to live with you because of housing loss, economic hardship, parental addiction, domestic violence, or similar crisis circumstances, federal law may apply. Under the McKinney-Vento Homeless Assistance Act, a child who lacks a fixed, regular, and adequate nighttime residence qualifies for immediate enrollment; RSA 193:12, IV uses the same definition of homelessness.

McKinney-Vento is powerful because the district cannot require birth certificates, immunization records, academic transcripts, or proof of guardianship before enrolling the child. Federal law requires each local educational agency to designate a Homeless Liaison; ask your school or SAU who serves your district.

The child also retains the right to stay enrolled at their previous school — the "school of origin" — with transportation arranged when requested, if that's in the child's best interest.

What If the District Still Says No

For a non-homeless residency dispute, RSA 193:12, VI(a) provides this statutory appeal path:

1. The superintendents of the involved districts must try to resolve the dispute jointly
2. If they can't agree, appeal directly to the Commissioner of the New Hampshire Department of Education
3. The Commissioner must issue a decision within 30 days — or within 14 days if the dispute has interrupted the child's education, or an interruption is likely if the decision is not made within 30 days
4. During the dispute, the child stays at the school of origin or, if there is none in-state, enrolls immediately in the district where the child temporarily resides

Request a written statement of denial from the SAU. Having the specific legal basis they cite in writing makes any appeal dramatically stronger.

If the dispute is under McKinney-Vento, use its separate liaison-led process; federal law requires immediate enrollment in the school sought while the dispute and available appeals are pending.

Documents to Prepare Before You Go

Even when you have a legal basis for enrollment, showing up organized makes a difference:

• Court-stamped pending petition (if using the RSA 193:12 path)
• Your photo ID and proof of residency (two utility bills or a lease work well)
• The child's birth certificate and Social Security card
• Immunization records or documentation of an exemption under RSA 141-C:20-c
• Any existing IEP or Section 504 plan from a previous school
• A notarized parental delegation letter, if a parent was willing and able to sign one

The School and Medical Consent Guide for New Hampshire includes a printable school enrollment worksheet that walks through every document, plus escalation scripts for when an administrator pushes back.

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