HB 95-LOCAL – AS AMENDED BY THE SENATE
21Mar2007… 0598h
05/31/07 2001s
2007 SESSION
04/03
HOUSE BILL 95-LOCAL
AN ACT relative to the treatment of charter school pupils in the definition of average daily membership in residence and establishing a tuition voucher program for New Hampshire national guard members and making an appropriation therefor.
This bill:
I. Requires that pupils electing to attend an approved charter school shall be included in the average daily membership in residence of the district in which they legally reside. The bill also excludes charter school pupils for whom the state pays tuition directly to the charter school from the definition of average daily membership in residence.
II. Establishes a tuition voucher program for New Hampshire national guard members to attend degree or certificate programs at state postsecondary institutions and makes an appropriation for purposes of this program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2007… 0598h
05/31/07 2001s
07-0492
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the treatment of charter school pupils in the definition of average daily membership in residence and establishing a tuition voucher program for New Hampshire national guard members and making an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Boards; Definitions. Amend RSA 189:1-d, IV to read as follows:
IV. “Average daily membership in residence” means the average daily membership in attendance of pupils who are legal residents of the school district pursuant to RSA 193:12 or RSA 193:27, IV and [are attending any public school, or who are attending any charter school or private school program approved by the department of education at the expense of the school district] attend a state-approved public or nonpublic school as assigned by the pupil’s district of residence or by the state. Pupils electing to attend a charter school approved under RSA 194-B shall be included in the average daily membership of the district in which they legally reside.
2 School Money; Definitions. Amend RSA 198:38, VI to read as follows:
VI. “Average daily membership in residence” means the average daily membership in residence of pupils in kindergarten through grade 12, as defined in RSA 189:1-d, IV of the second school year preceding the year in which the calculation is made, provided that no kindergarten pupil shall count as more than 1/2 day attendance per calendar day, and provided that no charter school pupil for whom the state pays tuition directly to the charter school shall be counted.
3 National Guard Members; Postsecondary Education Assistance. Amend RSA 110-B:63-c - 110-B:63-g to read as follows:
110-B:63-c Educational Assistance [Authorized]; Tuition Vouchers; Minimum Requirements.
I. There is established a tuition voucher program to encourage recruitment and retention of national guard members. The program shall be administered by the adjutant general. National guard members may apply to the adjutant general for a tuition voucher to pay costs of tuition for a degree or certificate producing program at a state postsecondary institution. The amount of the voucher each year shall not exceed the tuition costs of a full-time student for a normal academic year. The tuition voucher applicant shall be enrolled or accepted for enrollment at the postsecondary institution at the time of application. The New Hampshire national guard shall issue the voucher to the student, the student shall submit the voucher to the postsecondary institution, and the postsecondary institution shall submit the voucher to the adjutant general for payment.
II. Members of the New Hampshire national guard may also take courses tuition-free on a space available basis in state-supported postsecondary institutions.
III. In order to be eligible to receive educational assistance under this subdivision, a member of the New Hampshire national guard shall:
[I.] (a) Be an active member of the New Hampshire national guard residing either in-state or out-of-state [who has completed advanced individual training or commissioning].
[II.] (b) Be enrolled or accepted for enrollment in a degree-enhancing curriculum in any vocational or technical school that is under the authority of the commissioner of regional community-technical colleges, or enrolled or accepted for enrollment in any degree-enhancing curriculum in any public college or university within the state.
[III.] (c) Have first utilized any federal educational entitlements, not including Montgomery GI Bill benefits, and national guard scholarship grants.
110-B:63-d Eligibility and Space Availability Determinations.
I. Eligibility for educational assistance provided by this subdivision shall be determined and monitored by the adjutant general, who shall adopt rules[, pursuant to RSA 541-A,] and procedures deemed by the adjutant general to be necessary to carry out and monitor the educational assistance provided by this subdivision.
II. The chancellor of the university system for the university system and the commissioner of regional community-technical colleges for the regional community-technical institute and colleges shall establish policies for determining when a course has space available for attendance of courses on a tuition-free basis.
110-B:63-e Termination of Educational Assistance.
I. Educational assistance may be terminated for the following reasons:
(a) Failure to complete the New Hampshire national guard military obligation.
(b) Failure to maintain a 90 percent rate of attendance at annual training and drill assemblies as required by the New Hampshire national guard.
(c) Nine unsatisfactory drill period performances in a calendar year while enrolled in the educational assistance program.
II. In the event the individual's service in the New Hampshire national guard is terminated or service becomes unsatisfactory while receiving educational assistance, the individual shall be required to pay for the remainder of the tuition for the course on a pro rata basis. Once terminated for the above causes, an individual shall be ineligible for any further educational assistance under this subdivision unless and until his or her eligibility has been reinstated by the adjutant general.
III. If for any reason an individual is dismissed from any school for academic or disciplinary reasons, the individual shall be ineligible for further educational assistance under this subdivision unless and until his or her eligibility has been reinstated by the adjutant general.
110-B:63-f In-State Tuition for New Hampshire National Guard Nonresidents. Any member of the New Hampshire national guard who is an otherwise eligible out-of-state resident who cannot qualify for educational assistance under this subdivision, due to unavailability of space for members attending tuition free, may take such course at the in-state tuition rate.
110-B:63-g Report. The chancellor of the university system on behalf of the university system and the commissioner of the regional community-technical colleges on behalf of the regional community-technical institute and colleges shall, no later than November 1 of each year, submit a report to the speaker of the house, the senate president, and the governor detailing the number of national guard members enrolled at postsecondary institutions for the prior fiscal year under this subdivision, the number of members receiving tuition vouchers, and the specific courses or curriculum in which [such] members are enrolled.
4 Appropriation; Adjutant General. The sum of $1 is appropriated to the adjutant general for the biennium ending June 30, 2009 for the purpose of funding the national guard tuition voucher program established in section 3 of this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
5 Effective Date. This act shall take effect July 1, 2007.
LBAO
07-0492
Amended 04/04/07
HB 95 FISCAL NOTE
AN ACT relative to the treatment of charter school pupils in the definition of average daily membership in residence.
FISCAL IMPACT:
The Department of Education has determined this bill, as amended by the House (Amendment #2007-0598h), may decrease state expenditures and local revenue by $62,510 in FY 2010 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 excludes charter school pupils for whom the state pays tuition directly to the charter school from average daily membership in residence (ADM-R) used to determine equitable education grants. The Department states FY 2008/FY 2009 equitable education aid has been determined using ADM-R data from FY 2005. During FY 2005, resident districts paid charter school tuition, so this bill will have no fiscal impact on FY 2008/FY 2009 equitable education aid. FY 2007 ADM-R data will be used to calculate equitable education grants for FY 2010/FY 2011. The state began paying charter school tuition during FY 2007, and the Department states there are currently 329 NH residents enrolled in these charter schools. The Department states removing charter school students from ADM-R will have no significant impact on the local tax capacity and state tax capacity components of equitable education aid (RSA 198:40-a and RSA 198:40-c). Municipalities receiving aid under these two components that have a higher than average percentage of residents in charter schools may experience a slight reduction in aid, while those with no charter school residents may experience a slight increase. The Department states the targeted aid component of equitable education aid (RSA 198:40-b) has four factors. Total aid distributed for special education and free/reduced-price lunch eligibility is fixed, so there will be no change in the total expenditure. The Department assumes no charter school students will be eligible for $1,000 of limited English proficiency aid. The Department states the transportation allocation of $190 per pupil will be reduced by $62,510 ($190 x 329 pupils).