SB410: relative to funding for the statewide education improvement and assessment programs.

SB 410-FN-A-LOCAL - AS INTRODUCED

2004 SESSION

04-3132

04/01

SENATE BILL 410-FN-A-LOCAL

AN ACT relative to funding for the statewide education improvement and assessment program.

SPONSORS: Sen. O'Hearn, Dist 12; Sen. Johnson, Dist 2; Sen. Foster, Dist 13; Sen. Green, Dist 6; Sen. Larsen, Dist 15; Rep. Alger, Graf 14; Rep. Carson, Rock 75

COMMITTEE: Ways and Means

ANALYSIS

This bill provides that if federal funding sufficient to implement the statewide education improvement and assessment program for the 2004 fiscal year is unavailable, such cost shall be paid from the general fund. The bill also appropriates $3,200,000 for the fiscal year ending June 30, 2004 to the department of education, contingent upon certification by the commissioner of the department of education that such federal funds are unavailable.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3132

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to funding for the statewide education improvement and assessment program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statewide Education Improvement and Assessment Program; Funding. If on March 1, 2004, or thereafter, the commissioner of the department of education issues written certification to the chairpersons of the house and senate education committees that federal funding in the amount of $3,200,000, or another amount sufficient to implement the statewide education improvement and assessment program for fiscal year 2004 shall be unavailable, the cost of such testing shall be paid from the general fund in the fiscal year ending June 30, 2004.

2 Appropriation. The sum of $3,200,000 for the fiscal year ending June 30, 2004, is hereby appropriated, subject to the applicability provisions of this act, to the department of education to implement the statewide education improvement and assessment program for the 2003-2004 school year. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

3 Applicability. If the commissioner of the department of education issues written certification in accordance with section 1 of this act, then sections 1 and 2 of this act shall take effect. If the commissioner of the department of education does not issue written certification in accordance with section 1 of this act, then sections 1 and 2 of this act shall not take effect.

4 Effective Date.

I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

II. The remainder of this act shall take effect upon its passage.

LBAO

04-3132

12/31/03

SB 410-FN-A-LOCAL - FISCAL NOTE

AN ACT relative to funding for the statewide education improvement and assessment program.

FISCAL IMPACT:

The Department of Education states this bill may increase state general fund expenditures by $3,200,000 in FY 2004. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

This bill appropriates $3,200,000 from the general fund in FY 2004 to the Department of Education, contingent upon the unavailability of federal funds.

METHODOLOGY:

The Department states RSA 193-C:5 and RSA 193-C:6 require an annual assessment of students in the areas of reading and language arts, mathematics and science, and history and geography. Since the inception of the test, general funds have been provided to cover the cost of preparing, implementing, scoring and reporting the results of the test (known as NHEIAP). For FY 2004, these costs were estimated to be $3,200,000. The State of New Hampshire Operating Budget for FY 2004 and FY 2005 (Chapter 318, Laws of 2003) appropriated $1 from the general fund to the Department for this purpose, and directed the Department to fund the test from federal money provided for testing under the No Child Left Behind Act. The Department States the Act prohibits using federal money to supplant state funds, and the federal money provided for testing is meant to cover the increased costs of testing grades four, five, and seven. The Department states the federal government has not yet determined if using federal money for NHEIAP tests is a permitted use of these funds. This bill appropriates $3,200,000 from the general fund in FY 2004 to the Department, contingent upon the Department issuing written certification to the chairpersons of the House and Senate Education Committees that federal funding in the amount of $3,200,000, or an amount sufficient to implement the statewide education improvement and assessment program for FY 2004 is unavailable.