SB733 (2020) Detail

Relative to penalties for schools that fail to file certain reports with the department of education.


SB 733-FN - AS INTRODUCED

 

 

2020 SESSION

20-3078

06/01

 

SENATE BILL 733-FN

 

AN ACT relative to penalties for schools that fail to file certain reports with the department of education.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Morgan, Dist 23; Rep. Luneau, Merr. 10; Rep. Doherty, Merr. 20

 

COMMITTEE: Education and Workforce Development

 

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ANALYSIS

 

This bill permits the commissioner of the department of education to withhold a portion of education adequacy funding if a school fails to file certain reports.

 

This bill is a request of the department of education.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3078

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to penalties for schools that fail to file certain reports with the department of education.

 

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

 

1  School Money; Failure to File Report; Penalty.  Amend RSA 198:4-f to read as follows:

198:4-f  Penalty for Failure to File Report.

I.  A school district, city, chartered public school, non-public school, or public academy shall file the report due under RSA 198:4-d, I, II, and III no later than September 1 of each year.

II.  For just cause, the commissioner of the department of education may grant a school district, city, chartered public school, non-public school, or public academy up to a 30-day extension to this reporting deadline.  The commissioner may further extend the deadline when unusual or unforeseen circumstances prevent a school district, city, chartered public school, non-public school, or public academy from submitting the required [report] reports under paragraph I before the expiration of the extension provided in this section.  If a school district, city, chartered public school, non-public school, or public academy fails to comply with this section, the commissioner may withhold up to 10 percent of state education adequacy funding, until such time as reports are submitted.  Non-public schools shall submit average daily membership in attendance, fall enrollment, teacher staff census, and an annual safety report.  If the governing body of a non-public school fails to submit the statistical reports, the commissioner may withhold up to 10 percent of any state funding, until such time as reports are submitted to the commissioner.

III.  The commissioner shall notify the governing body of the school district, city, chartered public school, non-public school, or public academy that all state aid to education shall be withheld until complete and accurate information is submitted. In the case of a chartered public school or non-public school that requests an extension more than 3 years in a row, the commissioner may request the state board of education to revoke the enabling charter.

2  Failure to File Statistical Reports.  Amend RSA 189:28, I to read as follows:

I.  The governing body of every public, chartered public school, and non-public education agency, shall, on or before [August 1] the deadline established by the department as deemed appropriate in each year, submit to the department of education those statistical reports necessary to compute the average daily membership of pupils attending each school district, and the average daily membership of pupils resident in each school district.  Information relating to the fall enrollment, drop-outs, staffing census, and average teacher salary, and prior year annual safety reports as of October 1 of each school year, shall be submitted to the department of education on or before [October 15] the deadline established by the department.  If the governing body of a public education agency fails to submit the statistical reports, the commissioner may withhold up to 10 percent of state education adequacy funding, until such time as reports are submitted. [Private] Non-public schools shall submit average daily membership in attendance, fall enrollment, [and] teacher staff census, and the annual safety report.  If the governing body of a non-public school fails to submit the statistical reports, the commissioner may withhold up to 10 percent of any state funding, until such time as reports are submitted to the commissioner.

3  Failure to File Report.  Amend RSA 189:28, IV to read as follows:

IV.  The commissioner of the department of education may grant a [school district, city, or public academy] public school, chartered public school, or non-public school up to a 30-day extension of the reporting deadline set forth in paragraph I, provided that such extension will not delay the statewide calculations.  The commissioner of the department of education shall notify the governing body of the public education agency that all state aid to education and all federal aid, if the report is required by federal law, shall be withheld until such time as complete and accurate information is submitted.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-3078

1/9/20

 

SB 733-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to penalties for schools that fail to file certain reports with the department of education.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Education, who was originally contacted on November 21, 2019 for a fiscal note worksheet, which they have not provided as of January 9, 2020.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Department of Education

 

Links

SB733 at GenCourtMobile
SB733 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 Senate Hearing
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB733 Revision: 8051 Date: Jan. 16, 2020, 12:54 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Education and Workforce Development; SJ 2
Feb. 4, 2020 Hearing: 02/04/2020, Room 103, LOB, 11:00 am; SC 5
March 11, 2020 Committee Report: Referred to Interim Study, 03/11/2020; Vote 5-0; CC; SC 10
March 12, 2020 Committee Report: Referred to Interim Study, 03/12/2020; Vote 5-0; CC; SC 10
March 11, 2020 Sen. Kahn Moved to Remove SB 733 from the Consent Calendar; 03/11/2020; SJ 6
March 19, 2020 Special Order to 03/19/2020, Without Objection, MA; 03/11/2020 SJ 6
March 19, 2020 Committee Report: Referred to Interim Study SC 11
June 16, 2020 Placed on Laid on Table Consent List and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 Pending Motion Interim Study; 06/16/2020; SJ 8