HB 1413-FN – AS INTRODUCED
2012 SESSION
04/10
HOUSE BILL 1413-FN
AN ACT directing New Hampshire to withdraw from the No Child Left Behind Act.
SPONSORS: Rep. Weeden, Straf 6; Rep. Tregenza, Carr 2; Rep. Jasper, Hills 27; Rep. Hoell, Merr 13
This bill provides that effective July 1, 2012, the state of New Hampshire shall cease its compliance with the No Child Left Behind Act of 2001.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2760
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
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, 2012 for the purpose of implementing the No Child Left Behind Act of 2001.
3 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2760
11/09/11
HB 1413-FN - 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 restricted revenue, state expenditures, and local revenue by $61,607,122 in FY 2013 and each year thereafter. There will be no fiscal impact on county revenue, or county or local expenditures.
METHODOLOGY:
The Department of Education states this bill requires the state to cease compliance with the federal No Child Left Behind Act (NCLB) of 2001, also known as the Elementary and Secondary Education Act. The Department also states this bill prohibits the state from accepting and the local school districts from expending any state or federal funds for the purposes of enforcing, implementing, or applying any of that Act’s provisions or requirements. By doing so, the Department states the local school districts will not receive federal formula funds offered through NCLB, 98% of which are direct pass-through funds to the local education authorities (LEAs), with the remainder being grant or assessment programs run through the state. The Department assumes NCLB related funding to remain flat at the estimated FY 2012 amount, which is $61,607,122. The specific programs associated with NCLB, which will be eliminated, are as follows:
Programs FY 2012 & after
College- & Career-Ready Students (Title I, grants to LEAs) $40,546,588
Title I Rewards $842,854
School Turnaround Grants $1,681,327
Migrant Student Education $151,919
Neglected & Delinquent Children & Youth Education $445,457
Impact Aid Basic Support Payments $8,704
Effective Teachers & Leaders State Grants $10,406,322
Assessing Achievement $3,953,185
Rural & Low-Income Schools Program $1,033,380
Small, Rural School Achievement Program $1,398,898
English Learner Education $958,323
Homeless Children and Youth Education $180,165
Total Federal Grant Programs $61,607,122
The Department states the decline in Federal funding for assessment programs, approximately $4.0 million, will result in an insufficient spending level for participation in NECAP. With the spending level at only the state amount, approximately $2.225 million, the state would be forced to withdraw from the program, and costs for the other participating states (Maine, Vermont, Rhode Island) would increase. The Department also states it cannot predict if the LEAs will simply discontinue the programs related to this federal funding, or if will attempt to generate revenue elsewhere, so it cannot predict any change in local expenditure levels.