SB109 (2005) Detail

Relative to catastrophic special education funding.


SB 109-FN – AS INTRODUCED

2005 SESSION

05-0953

04/09

SENATE BILL 109-FN

AN ACT relative to catastrophic special education funding.

SPONSORS: Sen. Estabrook, Dist 21; Sen. Green, Dist 6; Sen. Foster, Dist 13; Rep. W. P. Campbell, Straf 3; Rep. M. Smith, Straf 7; Rep. Rous, Straf 7

COMMITTEE: Finance

ANALYSIS

This bill requires the state to fully fund special education costs above the statutory threshold.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0953

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to catastrophic special education funding.

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

1 Special Education; State Aid. Amend RSA 186-C:18, III to read as follows:

III.(a) The state board of education through the commissioner, department of education, shall distribute aid [available] under this paragraph as entitlement to such school districts as have a special education pupil for whose costs they are responsible, for whom the costs of special education in the fiscal year exceed 3 1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution. [If in any year, the amount appropriated for distribution as catastrophic special education 186-C:18 aid in accordance with this section is insufficient therefor, the appropriation shall be prorated proportionally based on entitlement among the districts entitled to a grant.] If there are unexpended funds appropriated under this paragraph at the end of any fiscal year, such funds shall be distributed for court-ordered placements under RSA 186-C:19-b. In addition, the state may designate up to $250,000 [of the funds which are appropriated as required by this paragraph,] for each fiscal year, to assist those school districts which, under guidelines established by rules of the state board of education, may qualify for emergency assistance for special education costs. Upon application to the commissioner of education, and approval by the commissioner, such funds may be accepted and expended by school districts in accordance with this chapter; provided, however, that if a school district has received emergency assistance funds for certain educationally disabled children, it shall not receive catastrophic special education aid for those same educationally disabled children. If any of the funds designated for emergency assistance under this paragraph are not used for such emergency assistance purposes, the funds shall be used to assist school districts in meeting catastrophic cost increases in their special education programs as provided by this paragraph.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

05-0953

1/26/05

SB 109-FN - FISCAL NOTE

AN ACT relative to catastrophic special education funding.

FISCAL IMPACT:

The Department of Education indicates this bill may increase state general fund expenditures and local revenue in FY 2006 and each year thereafter. There will be no fiscal impact on state and county revenue or county and local expenditures.

METHODOLOGY:

This bill removes the prorata reduction that currently occurs when the amount calculated for catastrophic aid exceeds the amount appropriated, and allows for an additional $250,000 to be paid for emergency special aid needs. The Department estimates that the amount to be calculated for catastrophic aid will be as follows:

FY 2006 - $31,938,746

FY 2007 - $35,190,011

FY 2008 - $38,774,856

FY 2009 - $42,727,506

If the amount appropriated for catastrophic aid is less than the amount calculated above, this bill will require the state to pay the difference. The Department cannot estimate any potential shortfall. In FY 2004 and FY 2005, the amount calculated exceeded the amount appropriated by $1,621,903 and $8,740,020, respectively.

Links

SB109 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB109 Revision: 9169 Date: Jan. 21, 2010, midnight

Docket