HB 1504-FN-LOCAL – AS INTRODUCED
2008 SESSION
04/05
HOUSE BILL 1504-FN-LOCAL
AN ACT directing New Hampshire to withdraw from the No Child Left Behind Act.
SPONSORS: Rep. Ingbretson, Graf 5
This bill provides that effective July 1, 2009, the state of New Hampshire shall cease its compliance with the No Child Left Behind Act of 2001.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2410
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT directing New Hampshire to withdraw from the No Child Left Behind Act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; State Compliance with the No Child Left Behind Act of 2001; General Funds Prohibited. Amend RSA 21-N by inserting after section 11 the following new subdivision:
Compliance with the No Child Left Behind Act
21-N:12 Compliance with the No Child Left Behind Act. Neither the state board of education nor the department of education, or any other state agency, shall accept any state or federal funds for the purpose of implementing, applying, or enforcing any provision or requirement of the federal No Child Left Behind Act of 2001, as may be amended, in the public schools of this state. No state or federal funds shall be expended on the implementation or enforcement of any provision of the federal No Child Left Behind Act of 2001, as may be amended, in the public schools of this state. Neither the state board of education nor the department of education shall implement, apply, or enforce any provision or requirement of the No Child Left Behind Act of 2001, as may be amended, in the public schools of this state.
2 Applicability. Nothing in this act shall prohibit the expenditure of federal funds accepted by the state prior to July 1, 2009 for the purpose of implementing the No Child Left Behind Act of 2001.
3 Effective Date. This act shall take effect July 1, 2009.
LBAO
08-2410
Revised 11/29/07
HB 1504-FN-LOCAL - FISCAL NOTE
AN ACT directing New Hampshire to withdraw from the No Child Left Behind Act.
FISCAL IMPACT:
The Department of Education states this bill will decrease state and local revenue and expenditures by an indeterminable amount in FY 2010 and each fiscal year thereafter. There will be no fiscal impact on county revenue or expenditures.
METHODOLOGY:
The Department of Education states it cannot determine the fiscal impact of non-compliance with No Child Left Behind (NCLB) in FY 2010, when this bill takes effect, because forecasting future allocations under NCLB is not possible due to the impending reauthorization of the federal legislation, and because non-compliance with NCLB could result in the loss of funds from other federal programs as a result of failure to comply with federal law. Additionally, the Department states there is no direct evidence to demonstrate that state dollars are currently spent to enforce or to meet the compliance issues established in NCLB.
The Department of Education indicates the Department’s FY 2008 allocation under No Child Left Behind is $69,219,705, with a carry-forward balance from prior fiscal years of $18,531,468, for a total available allocation of $87,751,173. The Department states it will retain $13,843,941 for statewide activities, and $73,907,232 ($55,375,764 for FY 2008 and $18,531,468 from prior fiscal years) will be available to local school districts through an application process. At the state level, the loss of NCLB funds would result in the loss of 27 employees whose salaries are fully funded by NCLB and the elimination of statewide activities for initiatives based on specific NCLB programs. The Department estimates the loss of NCLB funds at the local level would result in the loss of over 1,350 employees who provide direct support to children, as well as supplies, equipment, and contractors school districts pay for with NCLB funds.