03/06/08 0713s

03/20/08 0992s

16Apr2008… 1268h

07May2008… 1564h

06/04/08 2094CofC

2008 SESSION

08-2895

04/01

SENATE BILL 530-FN-A-LOCAL

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Extends the kindergarten construction aid program until all school districts in the state operate a kindergarten program.

II. Allows a school district to elect a construction grant to cover either 75 percent of the actual cost of construction of kindergarten facilities or 100 percent of the actual cost of design and construction of a basic code compliant kindergarten facility.

III. Provides classroom transition grants to eligible school districts which do not operate a public kindergarten program and which begin operation of such a program as of the beginning of the 2008-2009 or 2009-2010 school years for the actual cost of leasing and set up of temporary classrooms.

IV. Requires that a school district providing a public kindergarten program as of the beginning of the 2009-2010 school year shall receive, in that same year, an additional adequate education grant amount based on the number of pupils attending kindergarten in the district as of the beginning of the school year.

V. Requires certain school districts to submit a kindergarten implementation plan to the commissioner of the department of education detailing the district’s plan to provide a public kindergarten program no later than the beginning of the 2009-2010 school year.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/06/08 0713s

03/20/08 0992s

16Apr2008… 1268h

07May2008… 1564h

06/04/08 2094CofC

08-2895

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

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

384:1 Kindergarten Construction Program. Amend RSA 198:15-r to read as follows:

198:15-r Kindergarten Construction Program Established.

I. There is established in the department of education a kindergarten construction program to provide certain construction grants which shall be available to eligible school districts [. For the period beginning July 1, 1997, and ending June 30, 2008, the commissioner of education shall make grants available to eligible districts] that currently do not operate a public kindergarten program. These grants shall be available until all school districts in the state operate a kindergarten program within an approved public school. Such eligible districts shall receive, at their election, either:

(a) A construction grant to cover 75 percent of the actual cost of construction of kindergarten facilities, exclusive of site acquisition and core facilities[.] ; or

(b) A construction grant to cover 100 percent of the actual cost of the design and construction of a basic code compliant kindergarten facility, but shall not include site acquisition and core facilities. In this subparagraph, “basic code compliant kindergarten facility” means a new building or an addition to an existing building that the commissioner of the department of education determines satisfies the minimum standards for school approval for a kindergarten program and all applicable building code standards. The commissioner shall establish specifications pursuant RSA 198:15-s, IV for such a basic code compliant facility.

II. A school district that displaces pupils from an existing classroom space in order to use such space to provide a kindergarten program shall be eligible for a construction grant under subparagraphs I(a) or (b) to cover the costs incurred in constructing or renovating new classroom space for the displaced pupils.

III. Grants under subparagraphs I(a) or (b) shall also cover the cost of initial furniture, fixtures, and equipment needed to operate a kindergarten program.

IV.(a) In addition to the grants available under paragraph I, the commissioner of the department of education shall make classroom transition grants available to eligible school districts that currently do not operate a public kindergarten program, and that begin operation of such a program as of the beginning of the 2008-2009 or 2009-2010 school years, to cover 100 percent of the actual cost of leasing and set up of temporary classrooms, including but not limited to portable classrooms or privately-owned space, for a single lease period with a maximum term of 3 years. The temporary classrooms may be used for grades other than kindergarten to the extent that those grades are displaced in order to make room for kindergarten classes. Classroom transition grants shall also cover the cost of initial furniture, fixtures, and equipment needed to operate a kindergarten program. Classroom transition grants shall be limited to an amount that, in the discretion of the commissioner of the department of education, is not excessive or unreasonable.

(b) A school district that currently does not operate a public kindergarten program may, for a period not to exceed 3 years, contract with a private entity to provide a kindergarten program in accordance with RSA 198:48-a, provided that the kindergarten program meets or exceeds the minimum standards for school approval as adopted by the department of education.

(c) A school district may elect to proceed under either subparagraph (a) or (b), or a combination of both, provided that the maximum time period that a school district may proceed under either subparagraph (a) or (b), or the combination of both, shall not exceed 3 years.

V. A school district may contract with another school district to provide a public kindergarten program that meets or exceeds the minimum standards for school approval as adopted by the department of education.

VI. The provisions of RSA 32:8 and RSA 32:11 shall not apply to costs incurred by a school district under this section.

[II.] VII. Nothing in this subdivision shall prohibit the inclusion of the site and related facilities that are not eligible for funding by the state under this subdivision as part of kindergarten construction costs from being included in a regular building aid funding request as provided in RSA 198:15-b. However, no school district which receives any funding [for a kindergarten construction project] under this subdivision shall be eligible to receive school building aid under RSA 198:15-b for the same project.

[III.] VIII. Kindergarten facilities constructed under this subdivision shall be the property of the school district or the city maintaining a school department.

[IV. Nothing in this section shall prohibit a district from receiving a construction grant for a public kindergarten building if the district chooses to utilize a mixed alternative and public kindergarten program.]

IX. A district shall not be deemed ineligible from receiving the full amount of a construction or transition grant for which it is otherwise eligible as a result of the district already expending funds for construction or transition costs related to providing a kindergarten program beginning in the 2008-2009 or 2009-2010 school years.

384:2 New Section; Kindergarten Adequate Education Grants. Amend RSA 198 by inserting after section 48-a the following new section:

198:48-b Kindergarten Adequate Education Grants. Notwithstanding any provision of law to the contrary:

I. A school district which operates kindergarten in any school year in which the adequate education grant provided pursuant to RSA 198:42 does not include a count of kindergarten students, shall receive an additional adequate education grant based on the number of pupils attending kindergarten in the district as of the beginning of the school year.

II. The per pupil amount of the additional education grant provided in this section shall be $1,200 for the 2008 school year. Starting in the school year that commences in the fall of 2009, a school district which operates kindergarten in any school year in which the adequate education grant provided pursuant to RSA 198:42 does not include a count of kindergarten students, shall receive an additional adequate education grant calculated pursuant to the adequate education grant formula provided in RSA 198 based on the number of pupils attending kindergarten in the district as of the beginning of the school year. Once pupils enrolled in an approved kindergarten program have been counted in the average daily membership, school districts shall receive, for each such pupil, an adequate education grant calculated in accordance with RSA 198:41 and RSA 198:42. School districts that receive kindergarten adequate education grants under this section shall not be eligible to receive any other per pupil adequate education grant.

384:3 Kindergarten Implementation Plan. A school district that is unable to provide a public kindergarten program as of the beginning of the 2008-2009 school year shall notify the commissioner of the department of education on or before July 15, 2008. No later than December 1, 2008, such district shall submit to the commissioner a plan which has been approved by the local school board, and which sets forth the school district’s plan for providing a public kindergarten program no later than the beginning of the 2009-2010 school year. The plan shall include detailed benchmarks and timetables for providing kindergarten classrooms, curriculum, staffing, and equipment as established by the commissioner.

384:4 Alternative Kindergarten Programs. RSA 198:48-a, III is repealed and reenacted to read as follows:

III. A local plan for an alternative kindergarten program shall be approved by the school board. A local plan for an alternative kindergarten program shall be submitted to the commissioner of the department of education at times established by the commissioner.

384:5 Excess Education Property Tax Payment. Amend RSA 198:46, I to read as follows:

I. A municipality in which education property tax revenue collected exceeds the amount necessary to fund the cost of an adequate education in a fiscal year, as determined in RSA 198:40-a, shall collect and remit such excess to the department of revenue administration on or before March 15 of the tax year in which the excess occurs. For fiscal years 2010 and 2011, the version of RSA 198:41, II effective for the fiscal year ending June 30, 2009 shall be used to determine excess.

384:6 Repeal. The following are repealed:

I. 2001, 287:6, II, relative to the kindergarten construction grant program.

II. RSA 198:15-r, IV, relative to classroom transition grants.

III. RSA 198:15-s, I, relative to eligibility for the kindergarten construction grant program.

384:7 Effective Date.

I. Paragraph I of section 6 of this act shall take effect June 30, 2008.

II. Paragraph II of section 6 of this act shall take effect July 1, 2013.

III. Section 5 of this act shall take effect July 1, 2009 at 12:01 a.m.

IV. The remainder of this act shall take effect upon its passage.

Approved: July 11, 2008

Effective Date: I. Paragraph I of section 6 shall take effect June 30, 2008.

II. Paragraph II of section 6 shall take effect July 1, 2013.

III. Section 5 shall take effect July 1, 2009 at 12:01 a.m.

IV. Remainder shall take effect July 11, 2008.

• SB530 at GenCourtMobile

Bill Text Revisions

SB530 Revision: 12336 Date: Jan. 1, 2008, midnight

Docket

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