HB1458: relative to authorizing parents to remove children from the English Language Learner Program.

HB 1458-FN - AS INTRODUCED

2024 SESSION

24-2483

02/05

HOUSE BILL 1458-FN

AN ACT relative to authorizing parents to remove children from the English Language Learner Program.

SPONSORS: Rep. Layon, Rock. 13

COMMITTEE: Education

ANALYSIS

This bill allows parents to remove their children from the English language learner (ELL) program, automatically removes them if they have not received ELL services in the last 2 years, and puts the burden on the local school district to appeal removals.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2483

02/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to authorizing parents to remove children from the English Language Learner Program.

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

1 Definitions; English Language Learner. Amend RSA 198:38, VI to read as follows:

VI. "English language learner" (ELL) means a pupil who has a predominant language other than English or who is educationally disadvantaged by a limited English proficiency, and who participated in the annual assessment of English language proficiency required of such pupils by the Elementary and Secondary Education Act, 20 U.S.C. section 6311 (b)(7). Parents may remove their child from the ELL program if their child is performing at grade level in reading and writing, or if their child has not been provided ELL services. Students who have not received ELL services in the preceding 2 years shall be automatically removed from the program. The school district shall have the burden to appeal removals under this paragraph to the state board of education.

2 Effective Date. This act shall take effect July 1, 2024.

LBA

24-2483

11/24/23

HB 1458-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to authorizing parents to remove children from the English Language Learner Program.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

$0

Indeterminable Decrease

Funding Source(s)

Education Trust Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

• Does this bill authorize new positions to implement this bill? [X] N/A

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Local Revenue

$0

$0

Indeterminable Decrease

Local Expenditures

$0

Indeterminable

METHODOLOGY:

This bill allows parents to remove their child from the English Language Learner (ELL) program if their child is performing at grade level in reading and writing and states students that have not received ELL services in the preceding two years will be automatically removed from the program. The bill also allows for a school district to appeal the removal of students from ELL services to the state board of education. To the extent students are removed from the ELL program, there may be a decrease to state adequate education grants to school districts. Under RSA 198:40-a, the cost of an opportunity for an adequate education, an amount is allocated for each ELL pupil. While it is indeterminable how many students may be removed from the program, below is a summary of the ELL component of the education funding formula (it should be noted that FY 2026 would be the first year in which grants may be impacted by this bill):

FY 2024 (Revised Estimates)

FY 2025

FY 2026

FY 2027

ELL Average Daily Membership (# Students)

5,126

TBD

TBD

TBD

Per Pupil Grant

$800.00

$816.00

$832.32

$848.97

Total

$4,101,170.00

TBD

TBD

TBD

It is unknown if this bill will have an impact on costs to local school districts, relative to providing ELL services.

AGENCIES CONTACTED:

Department of Education