Revision: Dec. 14, 2011, midnight
HB 1517-FN-LOCAL – AS INTRODUCED
2012 SESSION
04/09
HOUSE BILL 1517-FN-LOCAL
AN ACT prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court.
SPONSORS: Rep. Balboni, Hills 21
This bill:
I. Declares that all agreements, contracts, and memoranda of understanding involving the state board of education and the federal government regarding the Elementary and Secondary Education Act and its successor, the No Child Left Behind Act, are terminated.
II. Requires any future agreements, contracts, or memoranda of understanding entered into by the state of New Hampshire and the United States government regarding any aspect of early childhood, elementary, or secondary education to be approved by an act of the general court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2185
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court hereby finds that:
I. An educated citizenry is our best hope for the future of this great state.
II. A quality education advances good citizenship, knowledge, and self worth and enables informed participation in public and governmental affairs.
III. The state of New Hampshire believes that the primary focus of education should be on academic achievement; with every grade K-12 child attaining the highest possible understanding and mastery of core curriculum subject matter.
IV. Parental involvement, local control, and an emphasis on basic academics and dollars actually spent in the classroom afford the best opportunity for our children to succeed academically.
V. The federal Elementary and Secondary Education Act of 1965, also known as the “No Child Left Behind Act of 2001”:
(a) Usurped the traditional authority of the state, local school districts, parents, and teachers regarding education policy.
(b) Failed to ensure that its mandates and regulations were fully funded by the federal government, resulting in significantly increased financial burdens on the state, local school districts, and taxpayers.
(c) Encouraged the state to lower the minimum threshold on its standardized tests to avoid federal sanctions for not meeting “adequate yearly progress.”
(d) Failed to increase overall student academic achievement relative to other industrialized nations.
(e) Failed in its goal to provide significant educational options and to truly empower parents to select for their children the best academic opportunities, including alternatives to the traditional school setting.
(f) Failed to ensure that taxpayer funds went only to programs proven to increase student mastery of core subjects.
(g) Failed to improve the state university system whereby the teachers of our future teachers instruct in time proven methods of teaching.
(h) Expanded an overly burdensome education system while failing to increase our national competitiveness.
(i) Failed to implement the highest competency and accountability standards for our teachers and students.
(j) Failed to ensure assessments of subject mastery by students were easily comparable to international assessments.
2 Agreements With Federal Government Relating to Elementary and Secondary Education. Notwithstanding any provision of law to the contrary:
I. All agreements, contracts, or memoranda of understanding entered into by the state of New Hampshire with the United States of America relative to the Elementary and Secondary Education Act, its predecessors, any of its amendments, and its successors, shall terminate on the effective date of this act.
II. Any agreements, contracts, or memoranda of understanding entered into by the state of New Hampshire and the United States government on or after the effective date of this act regarding any aspect of early childhood, elementary, or secondary education shall be approved by an act of the general court.
III. Neither the department of education nor the state board of education shall expend any state funds for any purpose relating to the Elementary and Secondary Education Act, its predecessors, any of its amendments, and its successors.
3 State Board of Education; Rulemaking. Amend RSA 21-N:9, II(k) to read as follows:
(k) Vocational rehabilitation services, as authorized by RSA [186:6 and] 200-C.
4 State Board of Education; Rulemaking. Amend RSA 21-N:9, II(n) to read as follows:
(n) Vocational technical education, as authorized by RSA [186:6] 186:40-a.
5 State Board of Education; Federal Funds. Amend RSA 186:7 to read as follows:
186:7 Federal Funds; Cooperation. The state treasurer shall be custodian of any money that may be allotted to the state by the federal government for general educational purposes. [He] The treasurer shall also be the custodian of all moneys received by the state from appropriations made by congress for vocational rehabilitation of persons disabled in industry or otherwise, together with moneys received for this purpose from other sources, and is authorized to make disbursements therefrom [upon the order of the state board] with the approval of the general court. The state board is authorized and directed to cooperate with the proper authorities of the United States in educational work and in carrying out the provisions of the federal civilian vocational rehabilitation act.
6 Chartered Public Schools; Funding. Amend RSA 194-B:11, IV-a to read as follows:
IV-a. The commissioner of the department of education shall apply for all federal funding available to chartered public schools under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act, or other federal source of funds and may accept such funds upon the approval of the general court. The commissioner shall expend any such funds received in a manner acceptable to the funding source.
7 Repeal. RSA 186:6, relative to the authority of the state board of education to make rules for compliance with federal education law, is repealed.
8 Effective Date. This act shall take effect upon its passage.
LBAO
12-2185
12/05/11
HB 1517-FN-LOCAL - FISCAL NOTE
AN ACT prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court.
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 terminate all agreements, contracts, or memoranda of understanding related to the federal No Child Left Behind Act (NCLB) of 2001, also known as the Elementary and Secondary Education Act, on the effective date of this bill. The Department also states this bill prohibits the state from expending any state funds for any purpose relating to that Act and requires any agreements, contracts, or memoranda of understanding entered into by the state and the United States government regarding any aspect of early childhood, elementary, or secondary education to be approved by an act of the General Court. 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 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.