Revision: March 11, 2021, 12:13 p.m.
Senate Education
March 10, 2021
2021-0769s
06/10
Amendment to SB 130-FN
Amend RSA 194-E:1, VI as inserted by section 2 of the bill by replacing it with the following:
VI. “Eligible student” means a resident of this state who is eligible to enroll in a public elementary or secondary school and whose annual household income is less than or equal to 300 percent of the federal poverty guidelines as updated annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. section 9902(2). Students in the special school district within the department of corrections established in RSA 194:60 shall not be eligible students.
Amend RSA 194-E:3, III(d) as inserted by section 2 of the bill by replacing it with the following:
(d) The parent signs an agreement with the scholarship organization:
(1) To provide an education for the eligible student in the core knowledge domains that include science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music.
(2) Not to enroll the eligible student as a full-time student in their resident district public school while participating in the EFA program.
(3) To provide an annual record of educational attainment by:
(A) Having the student take a nationally-standardized, norm-referenced achievement test and to provide the results to the scholarship organization by the end of each school year which the scholarship organization shall make available to the department as aggregate scores; or
(B) Having the student take the statewide student assessment test pursuant to RSA 193-C:6; or
(C) Maintaining a portfolio including, but not limited to, a log which designates by title the reading materials used; samples of writings, worksheets, workbooks, or creative materials used or developed by the student. The parent shall have a certified teacher or a teacher currently teaching in a nonpublic school, who is selected by the parent, evaluate the student's educational progress upon review of a portfolio and discussion with the parent or student.
(4) To use the funds in the EFA only for qualifying expenses to educate the eligible student as established by the EFA program.
(5) To comply with the rules and requirements of the EFA program.
Amend RSA 194-E:4, VI(a) as inserted by section 2 of the bill by replacing it with the following:
(a) The scholarship organization shall not adopt a system that relies exclusively on requiring parents to be reimbursed for out-of-pocket expenses, but rather shall provide maximum flexibility to parents by facilitating direct payments to education service providers. Scholarship organizations may pre-approve requests for reimbursements for qualifying expenses, including expenses pursuant to RSA 194-E:2, II, but shall not disperse funds to parents without receipt that such pre-approved purchase has been made.
Amend RSA 194-E:4, XV and the introductory paragraph of RSA 194-E:4, XVI as inserted by section 2 of the bill by replacing them with the following:
XV. The department shall adopt rules that are necessary for the administration of this chapter.
XVI. The scholarship organization shall adopt policies or procedures that are necessary for the administration of this chapter. This may include policies or procedures:
Amend RSA 194-E:4, XVI as inserted by section 2 of the bill by inserting after subparagraph (d) the following new subparagraph:
(e) Ensuring appropriate use and rigorous oversight of all funds expended under this program.
Amend RSA 194-E:5, I as inserted by section 2 of the bill by replacing it with the following:
I. There is established the parent and education service provider advisory commission to assist the scholarship organization by providing recommendations about implementing, administering, and improving the EFA program.
Amend RSA 194-E as inserted by section 2 of the bill by inserting after RSA 194-E:9 the following new sections:
194-E:10 Phase-Out Grants.
I. For each school district, the commissioner shall calculate the amount of the reduction in adequate education grants pursuant to RSA 194-E:2, I for each student receiving an EFA under this chapter. In the first year of the grant reduction, the commissioner shall calculate 50 percent of the reduction for each student and shall disburse that amount to the district as a district funding phaseout grant. In the second year of the grant reduction, the commissioner shall calculate 25 percent of the reduction for each student and shall disburse that amount to the district as a district funding phase-out grant. All district funding phase-out grants shall be included in the September 1 disbursement required pursuant to RSA 198:42.
II. The phase-out grants will terminate for new EFA students receiving an EFA effective July 1, 2026.
194-E:11 Legislative Oversight Committee Established. There is established an education freedom savings account oversight committee.
I. The members of the committee shall be as follows:
(a) Two members of the senate, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party, appointed by the president of the senate.
(b) Three members of the house of representatives, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall monitor the implementation of RSA 194-E, including the impact of state education funding to local district schools, and make recommendations for any legislative changes to the education freedom savings account program.
IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
V. The committee shall submit a report on or before November 30, 2022, and each year thereafter, to the general court including findings, recommendations, and any corrective or technical improvements that the education freedom account program may require.