SB432: repealing the education freedom account program.

SB 432-FN-LOCAL - AS INTRODUCED

2022 SESSION

22-2978

10/11

SENATE BILL 432-FN-LOCAL

AN ACT repealing the education freedom account program.

SPONSORS: Sen. Kahn, Dist 10; Sen. D'Allesandro, Dist 20; Sen. Sherman, Dist 24; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Cavanaugh, Dist 16; Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Sen. Soucy, Dist 18

COMMITTEE: Education

ANALYSIS

This bill repeals the provisions of the education freedom account program

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2978

10/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT repealing the education freedom account program.

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

1 Repeal; Education Freedom Accounts Program. RSA 194-F, relative to the education freedom account program, is repealed.

2 Application of Repeal to Accounts. The scholarship organization shall continue to administer existing education freedom accounts until all funds have been properly expended or until August 31, 2024, whichever occurs first, according to the provisions of RSA 194-F as it existed prior to its repeal. The scholarship organization shall send a notification of account closure to the account parent or guardian. Any remaining funds after August 31, 2024 shall be returned to the education trust fund.

3 Reference Deleted; Compulsory Attendance by Pupil. Amend RSA 193:1, I(g)-(i) to read as follows:

(g) The pupil has been accepted into an accredited postsecondary education program; or

(h) The pupil obtains a waiver from the superintendent, which shall only be granted upon proof that the pupil is 16 years of age or older and has an alternative learning plan for obtaining either a high school diploma or its equivalent.

(1) Alternative learning plans shall include age-appropriate academic rigor and the flexibility to incorporate the pupil's interests and manner of learning. These plans may include, but are not limited to, such components or combination of components of extended learning opportunities as independent study, private instruction, performing groups, internships, community service, apprenticeships, and on-line courses.

(2) Alternative learning plans shall be developed, and amended if necessary, in consultation with the pupil, a school guidance counselor, the school principal and at least one parent or guardian of the pupil, and submitted to the school district superintendent for approval.

(3) If the superintendent does not approve the alternative learning plan, the parent or guardian of the pupil may appeal such decision to the local school board. A parent or guardian may appeal the decision of the local school board to the state board of education consistent with the provisions of RSA 21-N:11, III[; or].

[(i) The pupil is enrolled in the education freedom account program pursuant to RSA 194-F and is therefore exempt from this requirement.]

4 Effective Date. This act shall take effect upon its passage.

LBA

22-2978

12/29/21

SB 432-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

AN ACT repealing 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

Indeterminable

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

LOCAL:

FY 2022

FY 2023

FY 2024

FY 2025

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill, effective upon passage, repeals the education freedom account (EFA) program, however, allows for the scholarship organization to administer existing EFA balances until expended or August 31, 2024, whichever occurs first (any remaining funds would be transferred to the state education trust fund). The Department reports the current program enrollment is 1,635 students (of which the Department states 280 are "EFA switchers" from public schools), with an estimated state cost of $8 million in FY 2022. At this time, there are no estimates as to how much in unused funds there may be at time of account closure (FY 2022), for future EFA program participation (FY 2023 and beyond), or how many students may return to public district schools without an EFA program therefore, this bill’s impact on future education trust fund payments relative to EFAs and local school districts revenue and expenditures is indeterminable.

AGENCIES CONTACTED:

Department of Education