SB237: relative to participation in the education freedom account program.

SB 237-FN - AS INTRODUCED

2022 SESSION

22-2999

10/11

SENATE BILL 237-FN

AN ACT relative to participation in the education freedom account program.

SPONSORS: Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Whitley, Dist 15; Sen. Soucy, Dist 18; Sen. Kahn, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Prentiss, Dist 5; Sen. Cavanaugh, Dist 16; Sen. D'Allesandro, Dist 20; Rep. M. Smith, Straf. 6; Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10

COMMITTEE: Education

ANALYSIS

This bill requires annual determination of eligibility and requires ineligibility for certain periods upon a determination of misstatements or misuse.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2999

10/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to participation in the education freedom account program.

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

1 Education Freedom Accounts; Definition; Eligible Student. Amend RSA 194-F:1, VI to read as follows:

VI. "Eligible student" means a resident of this state who is eligible to enroll in a public elementary or secondary school and whose annual household income at the time the student applies for the program, and for each school year during the student's participation, is less than or equal to 300 percent of the federal poverty guidelines as updated annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. section 9902(2). [No income threshold need be met in subsequent years, provided the student otherwise qualifies.] Students in the special school district within the department of corrections established in RSA 194:60 shall not be eligible students.

2 Program Funds. Amend RSA 194-F:2, VII to read as follows:

VII. An EFA shall remain in force, and any unused funds shall roll over from quarter-to-quarter [and from year-to-year] until the parent withdraws the EFA student from the EFA program, the student becomes ineligible, or until the EFA student graduates from high school, unless the EFA is closed because of a substantial misuse of funds. Any unused funds shall revert to the education trust fund established in RSA 198:39[ and be allocated to fund other EFAs].

3 Scholarship Organization Responsibilities; Misuse. The introductory paragraph of RSA 194-F:4, XI is repealed and reenacted to read as follows:

XI. For any person who has been found to have intentionally made a false or misleading statement, or misrepresented, concealed or withheld facts for the purpose of using, presenting, transferring, acquiring, receiving, or possessing program benefits the scholarship organization shall, immediately upon the rendering of such determination, make the parent and EFA student ineligible for further participation in the program (i) for a period of one year upon the first occasion of any such determination; (ii) for a period of 2 years upon the second occasion of any such determination; and (iii) permanently upon the third occasion of any such determination.

4 Effective Date. This act shall take effect July 1, 2022.

LBA

22-2999

12/10/21

SB 237-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to participation in the education freedom account program.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

[ ] General [ X ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill would require an annual determination of eligibility for education freedom account (EFA) participation by a pupil, rather than a one-time determination at initial entry into the program. Any impact this change would have on future program eligibility determinations is unknown at this time. To the extent this reduces program eligibility, there may be a decrease in state education trust fund expenditures for EFAs.

AGENCIES CONTACTED:

Department of Education