Revision: Jan. 10, 2021, 1:24 p.m.
HB 442 - AS INTRODUCED
2021 SESSION
21-0667
06/08
HOUSE BILL 442
AN ACT relative to penalties for a school's failure to file department of education reports.
SPONSORS: Rep. Cordelli, Carr. 4; Rep. Ladd, Graf. 4; Rep. Layon, Rock. 6; Rep. Pitre, Straf. 2
COMMITTEE: Education
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ANALYSIS
This bill:
I. Adds reports to those a school district, city, chartered public school or public academy must file annually.
II. Requires non-public schools to file statistical reports.
III. Makes failure to file such reports reason for revocation of a chartered public school's charter.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0667
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to penalties for a school's failure to file department of education reports.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Penalty for Failure to File Report. RSA 198:4-f is repealed and reenacted to read as follows:
198:4-f Penalty for Failure to File Report.
I. A school district, city, chartered public school, or public academy shall file the reports due under RSA 198:4-d, 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, or public academy up to a 30-day extension to such reporting deadline. The commissioner may further extend the deadline when unusual or unforeseen circumstances prevent a school district, city, chartered public school, or public academy from submitting the required reports under paragraph I before the expiration of such extension.
III. The commissioner shall notify the governing body of the school district, city, chartered 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 which fails to comply with the reporting requirements by the established deadlines for 2 consecutive years, the commissioner may request the state board of education to revoke the enabling charter.
2 Statistical Reports; Failure to File Report. Amend RSA 189:28, I to read as follows:
I. The governing body of every public, chartered public school, and nonpublic 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, prior year annual safety reports as of October 1 of each school year, and other reports necessary to meet state and federal requirements as determined by the department, shall be submitted to the department of education on or before [October 15] the deadline established by the department.
I-a. [Private] Nonpublic schools shall submit [average daily membership in attendance, fall enrollment, and teacher staff census] the following: general statistics of nonpublic schools, non-public school restraint and seclusion collection data, general fall report of non-public schools, school emergency operation plan, and other reports necessary to meet state and federal requirements as determined by the department of education. If the governing body of a non-public school fails to submit the statistical reports by the established deadlines for 2 consecutive years, the commissioner may request the state board of education to revoke the enabling charter or approval.
3 Statistical Reports; 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 nonpublic 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 New Subparagraphs; Charter Revocation; Probation. Amend RSA 194-B:16, II by inserting after subparagraph (e) the following new subparagraphs:
(f) The school fails to comply with the reporting requirements in accordance with RSA 198:4-f.
(g) The school fails to comply with the reporting requirements in accordance with RSA 189:28, I.
5 School Money; Reports Required; Cities and School Districts. Amend RSA 198:4-d to read as follows:
198:4-d Reports Required; Cities and School Districts. The governing body of each city [and], school district, and chartered public school shall submit to the commissioner of the department of education the following reports pursuant to rules adopted under RSA 541-A by the commissioner of revenue administration which establish the form and content of such reports:
I. A report filed by the governing body of each city [and], school district, and chartered public school shall certify the appropriations voted by the meeting of the appropriate legislative body, whether city council, mayor and council, or mayor and board of aldermen, or by each annual or special school district meeting, along with estimated revenues. This report shall be filed within 20 days of the close of the meeting.
II. A report filed by the governing body of each city [and], school district, and chartered public school shall revise all the estimated revenues for the year. This report shall be filed by September 1 of each year. The revised estimates by school districts for the adequate education grants calculated under RSA 198:41 shall be considered the most accurate within 5 percent of the amount estimated pursuant to RSA 198:40-a.
III. A financial report for each city [and], school district, and chartered public school shall be filed showing the summary of receipts and expenditures, according to uniform classifications, during the preceding fiscal year, and a balance sheet showing assets and liabilities at the close of the year. This report shall be submitted on or before September 1 of each year. Each statistical report submitted under this section shall include a certification signed by the chairperson of the school district's governing body or the chairperson of the board of trustees of approved public academies that states: "I certify, under the pains and penalties of perjury, to the best of my knowledge and belief, that all of the information contained in this document is true, accurate and complete."
III-a. The department of education and the department of revenue administration together shall develop and recommend school accounting standards. The departments shall report to the speaker of the house, the senate president, and the governor concerning such accounting standards on or before December 1, 1999.
IV. The budget committee in school districts operating under the municipal budget law shall file the budget within 20 days of the close of the annual or special meeting.
V. If a city or school district or chartered public school is audited by an independent public accountant, it shall submit a copy of the audited financial statements in accordance with RSA 21-J:19, III.
VI. If a city or school district is audited under RSA 671:5, the procedures in RSA 41:31-a through 41:31-d shall be followed.
6 Effective Date. This act shall take effect upon its passage.