HB557: relative to the submission of data to the department of education.

CHAPTER 189

HB 557 – FINAL VERSION

06/02/05 1562s

2005 SESSION

05-0557

04/10

HOUSE BILL 557

AN ACT relative to the submission of data to the department of education.

SPONSORS: Rep. Dunn, Ches 3; Rep. Naro, Graf 7

COMMITTEE: Education

ANALYSIS

This bill amends the due dates for certain data submitted to the department of education.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0557

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the submission of data to the department of education.

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

189:1 School Boards; Statistical Reports. Amend RSA 189:28 to read as follows:

189:28 Statistical Reports; Failure to File Report.

I. [School boards] The governing body of every school district, city, joint maintenance agreement, charter school, or [the board of trustees of] approved public [academies] academy, shall, on or before August 1 in each year, submit to the department of education those statistical reports necessary to compute the average daily membership of pupils attending each school district, and the average daily membership of pupils resident in each school district. Information relating to the fall enrollment, drop-outs, [teacher and administrator] staffing census, and average teacher salary, as of October 1 of each school year, shall be submitted to the department of education on or before October 15. Private schools shall submit average daily membership in attendance, fall enrollment, and teacher staff census.

II. The information needed to determine compliance with performance or accountability measures of the school district, city, or public academy under RSA 193-E:3 or federal law, shall be submitted to the department of education in a timely manner as determined by the department of education. The state board of education shall ensure the accuracy and completeness of such data and shall take enforcement or other actions when necessary, including verification checks, for the purpose of enforcing the provisions of this section. If the department of education requests verification of information relevant to reports submitted, the school district, city, or public academy shall provide corrected information or verification within 10 business days of such request. [A] The governing body of every school district, city, joint maintenance agreement, charter school, or public academy shall maintain files of all records, data, and other information submitted pursuant to this section for not less than 5 years from the date of submission. The state board of education shall have access to such records, data, and information for the purpose of ensuring the accuracy of reported information.

III. Each statistical report submitted under this section shall include a certification, signed by the superintendent of the school district, that states: “I certify, under the pains and penalties of perjury, that all of the information contained in this document is true, accurate, and complete.” The statistical report shall also include a certification, signed by the chairperson of the school district’s governing body or the chairperson of the board of trustees of approved public academies, that states: “I certify, that, to the best of my knowledge, all of the information contained in this document is true, accurate, and complete.”

IV. The commissioner of the department of education may grant a school district, city, or public academy up to a 30-day extension of the reporting deadline set forth in paragraph I. The commissioner of the department of education shall notify the governing body of the school district, city, or public academy that all state aid to education and all federal aid, if the report is required by federal law, shall be withheld until such time as complete and accurate information is submitted.

V. The department of education shall determine the average daily membership in attendance of every school district, city, joint maintenance agreement, charter school, public academy, and private institution that operates an elementary or secondary school, and the average daily membership in residence of each school district, municipality within a cooperative school district, and unincorporated place.

189:2 School Districts; Registers; Reports. Amend RSA 194:31 to read as follows:

194:31 Registers; Reports. All academies, private schools and public schools shall be furnished with copies of the school register, and shall make an annual [statistical] report of membership to the department of education [by September 1] in accordance with RSA 189:28. [The school board of every school district or city, and the board of trustees of approved public academies shall have a 30-day grace period if it fails to file the report due under this section by September 1. At the end of 30 days the commissioner of the department of education shall notify the governing body that all state aid to education for the upcoming fiscal year shall be withheld until the report is filed.]

189:3 School Money; Duties of the Department of Education; Submission of Data. Amend RSA 198:44-45 to read as follows:

198:44 Duties of the Department of Education and the Board of Education.

[I. The department of education shall, on or before September 30 of each year, collect from the school districts final data concerning all aspects of student attendance for the school year ending June 30 of that year necessary to establish the average daily membership and average daily membership in residence, including the municipality of residence for each pupil for that year.] The department of education shall submit a report by December 31 to the speaker of the house of representatives and the senate president to be used for purposes of determination by the legislature of the appropriation to the education trust fund. A copy of such report shall, at the same time, be given to the department of revenue administration.

[II. The board of education shall adopt rules pursuant to RSA 541-A necessary to the proper administration of this subdivision.]

198:45 Submission of Data. The governing body [School boards] of every school district, [or] city, joint maintenance agreement, charter school, or [and the board of trustees of] approved public [academies] academy shall submit all records, data, or other information required under this subdivision in accordance with the provisions of RSA 189:28.

189:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 30, 2005)

(Effective Date: August 29, 2005)