HB451 (2007) Detail

(New Title) relative to the application of non-state sources of funding to catastrophic special education costs.


HB 451-FN – AS AMENDED BY THE HOUSE

27Mar2007… 0830h

2007 SESSION

07-0451

04/03

HOUSE BILL 451-FN

AN ACT relative to the application of non-state sources of funding to catastrophic special education costs.

SPONSORS: Rep. Itse, Rock 9; Rep. Lund, Rock 5

COMMITTEE: Finance

AMENDED ANALYSIS

This bill provides that pupil-specific aid received by a school district from non-state sources shall be deducted from the total cost of a special education pupil in calculating catastrophic aid payments.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0830h

07-0451

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the application of non-state sources of funding to catastrophic special education costs.

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[,] of the 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, less any pupil-specific aid received by the school district in the fiscal year, exceed 3½ 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. 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.

(b) The school district shall be liable for 3½ times the estimated state average expenditure per pupil for the school year preceding the year of distribution, plus 20 percent of the additional cost, up to 10 times the estimated state average expenditure per pupil for the school year preceding the year of distribution.

(c) The department of education shall be liable for 80 percent of the cost above the 3½ times the estimated state average expenditure per pupil for the school year preceding the year of distribution, up to 10 times the estimated state average expenditure per pupil for the school year preceding the year of distribution. The department of education shall be liable for all costs in excess of 10 times the estimated state average expenditure per pupil for the school year preceding the year of distribution.

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

LBAO

07-0451

Amended 04/09/07

HB 451 FISCAL NOTE

AN ACT relative to the application of non-state sources of funding to catastrophic special education costs.

FISCAL IMPACT:

      The Department of Education states this bill, as amended by the House (Amendment # 2007-0830h), may decrease state general fund expenditures and local revenue by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on state and county revenue or county and local expenditures.

METHODOLOGY:

    The Department of Education states this bill amends the formula used to determine catastrophic special education aid to school districts by reducing the State’s obligation for reimbursement by the amount of student specific revenue received by a school district during the school year. The Department states at the present time it does not have the means to determine student specific revenue received by school districts.