1 Statement of Findings and Purpose.

I. The general court hereby finds that:

(a) In Claremont School District v. Governor, 138 N.H. 183, 635 A.2d 1375 (1993) (Claremont I), the New Hampshire Supreme Court interpreted Part II, Article 83 of the New Hampshire Constitution to "impose a duty on the State to provide a constitutionally adequate education for every educable child in the public schools in New Hampshire and to guarantee adequate funding." Id. at 184, 635 A.2d at 1376.

(b) The department of education has determined the average per pupil costs of all school expenditures in the 2016-2017 school year to be $18,216.28.

(c) The current state adequacy grants provided to school districts do not provide adequate funding to provide a constitutionally adequate education for every educable child. It fails to include all state mandated educational requirements and erroneously distributes the cost of teachers on the basis of maximum class sizes instead of student teacher ratios.

(d) The department of education has determined the average student to teacher ratio to be 12.6 to 1.

(e) In addition to salaries, teachers and other school staff are provided benefits including health insurance, dental insurance, life insurance, long term care insurance, FICA (7.65 percent), and retirement contributions.

(f) The base cost of providing a constitutionally adequate education based on the real costs of teachers, staff, and educational supplies, not including transportation, is $9,929.00.

(g) Students are constitutionally entitled to funding for an adequate education regardless of where they reside.

(h) It is more expensive to provide an adequate education in the rural parts of the state due, in part, to the increased transportation costs.

(i) The provision of transportation services is both a statutorily and constitutionally mandated part of providing an adequate education.

(j) The state is obligated to provide adequate funding to provide a constitutionally adequate education.

II. Therefore, the general court hereby finds it necessary to amend the base educational adequacy grant to reflect the actual costs of teachers, staff, and educational supplies on a per pupil basis as well as to have a separate provision for transportation services.

2 Cost of an Opportunity for an Adequate Education. Amend RSA 198:40-a, II(a) to read as follows:

II.(a) A cost of $3,561.27 $9,929 per pupil in the ADMA, plus differentiated aid as follows:

3 New Subparagraph; Cost of an Opportunity for an Adequate Education. Amend RSA 198:40-a, II by inserting after subparagraph (e) the following new subparagraph:

(f) An additional amount equal to the total transportation costs for the previous fiscal year, as reported under RSA 198:4-d, divided by the school district's ADMA.

4 Effective Date. This act shall take effect upon its passage.

1 Statement of Findings and Purpose.

I. The general court hereby finds that:

(a) In Claremont School District v. Governor, 138 N.H. 183, 635 A.2d 1375 (1993) (Claremont I), the New Hampshire Supreme Court interpreted Part II, Article 83 of the New Hampshire Constitution to "impose a duty on the State to provide a constitutionally adequate education for every educable child in the public schools in New Hampshire and to guarantee adequate funding." Id. at 184, 635 A.2d at 1376.

(b) The department of education has determined the average per pupil costs of all school expenditures in the 2016-2017 school year to be $18,216.28.

(c) The current state adequacy grants provided to school districts do not provide adequate funding to provide a constitutionally adequate education for every educable child. It fails to include all state mandated educational requirements and erroneously distributes the cost of teachers on the basis of maximum class sizes instead of student teacher ratios.

(d) The department of education has determined the average student to teacher ratio to be 12.6 to 1.

(e) In addition to salaries, teachers and other school staff are provided benefits including health insurance, dental insurance, life insurance, long term care insurance, FICA (7.65 percent), and retirement contributions.

(f) The base cost of providing a constitutionally adequate education based on the real costs of teachers, staff, and educational supplies, not including transportation, is $9,929.00.

(g) Students are constitutionally entitled to funding for an adequate education regardless of where they reside.

(h) It is more expensive to provide an adequate education in the rural parts of the state due, in part, to the increased transportation costs.

(i) The provision of transportation services is both a statutorily and constitutionally mandated part of providing an adequate education.

(j) The state is obligated to provide adequate funding to provide a constitutionally adequate education.

II. Therefore, the general court hereby finds it necessary to amend the base educational adequacy grant to reflect the actual costs of teachers, staff, and educational supplies on a per pupil basis as well as to have a separate provision for transportation services.

2 Cost of an Opportunity for an Adequate Education. Amend RSA 198:40-a, II(a) to read as follows:

II.(a) A cost of $9,929 per pupil in the ADMA, plus differentiated aid as follows:

3 New Subparagraph; Cost of an Opportunity for an Adequate Education. Amend RSA 198:40-a, II by inserting after subparagraph (e) the following new subparagraph:

(f) An additional amount equal to the total transportation costs for the previous fiscal year, as reported under RSA 198:4-d, divided by the school district's ADMA.

4 Effective Date. This act shall take effect upon its passage.