Revision: June 21, 2021, 1:45 p.m.
SB 148-FN - AS AMENDED BY THE SENATE
03/18/2021 0764s
2021 SESSION
21-0956
06/08
SENATE BILL 148-FN
SPONSORS: Sen. Ward, Dist 8
COMMITTEE: Education
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ANALYSIS
This bill adopts legislation relative to:
I. Vocational rehabilitation.
II. Career and technical education.
III. Emergency plans for sports related injuries.
IV. Private postsecondary career schools.
V. Environmental and outdoor 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/18/2021 0764s 21-0956
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sponsorship. This act consists of the following proposed legislation:
Part I: LSR 21-0956, repealing provisions relating to vocational rehabilitation and authorizing the state board of education to adopt rules relative to the provision of vocational rehabilitation, sponsored by Sen. Ward, Prime/Dist. 8.
Part II: LSR 21-0270, relative to career and technical education, sponsored by Sen. Watters, Prime/Dist. 4; Sen. Carson, Dist. 14; Sen. Rosenwald, Dist. 13; Sen. Whitley, Dist. 15; Sen. Sherman, Dist. 24; Sen. D'Allesandro, Dist. 20; Sen Prentiss, Dist. 5; Sen. Hennessey, Dist. 1; Rep.Ladd, Graf. 4; Rep. Moffett, Merr. 9.
Part III: LSR 21-0863, requiring emergency action plans for sports related injuries, sponsored by Sen. Gannon, Prime/Dist. 23; Sen. Carson, Dist. 14; Sen. Watters, Dist. 4; Sen. D'Allesandro, Dist.20; Sen. Prentiss, Dist. 5; Sen. Sherman, Dist. 24; Sen. Rosenwald, Dist. 13; Sen. Whitley, Dist. 15; Rep. Weyler, Rock. 13.
Part IV: LSR 021-0987, relative to the definition of private postsecondary career school, sponsored by Sen. Ward, Prime/Dist. 8.
Part V: LSR 21-0824, relative to environmental and outdoor education and establishing the New Hampshire youth environmental education and conservation council, sponsored by Sen.Watters, Prime/Dist. 4; Sen. Prentiss, Dist. 5; Sen. Carson, Dist. 14; Sen. Whitley, Dist. 15; Sen. Sherman, Dist. 24; Sen. Soucy, Dist. 18.
2 Legislation Enacted. The general court hereby enacts the following legislation:
PART I
Repealing provisions relating to vocational rehabilitation and authorizing the state board of education to adopt rules relative to the provision of vocational rehabilitation.
1 Repeal. The following are repealed:
I. RSA 200-C:7, relative to telecommunications equipment.
II. RSA 200-C:9, relative to definitions.
III. RSA 200-C:10, relative to the establishment and amount of subsidies.
IV. RSA 200-C:11, relative to eligibility standards.
V. RSA 200-C:12, relative to appeals.
VI. RSA 200-C:13, relative to insufficient funds.
VII. RSA 200-C:15, relative to rulemaking.
VIII. RSA 200-C:19, III, relative to administering the telecommunications equipment program.
2 Worker's Personal Care Assistance Program; Rulemaking Authority. Amend RSA 200-C:8 to read as follows:
200-C:8 Rulemaking Authority.
The board of education shall adopt rules, under RSA 541-A, relative to[:
I. Procedures for disbursement of moneys from the program established under RSA 200-C:7.
II. Eligibility criteria for equipment under the program, including priority criteria assigned to persons seeking equipment under the program.
III. Procedures for the purchase, maintenance and repair of special telecommunications equipment] the provision of vocational rehabilitation services.
3 Vocational Rehabilitation Programs; Rulemaking Authority. Amend RSA 200-C:8 to read as follows:
200-C:8 Rulemaking Authority. The board of education shall adopt rules, under RSA 541-A, relative to:
I. [Procedures for disbursement of moneys from the program established under RSA 200-C:7.
II.] Eligibility criteria for equipment under the program, including priority criteria assigned to persons seeking equipment under the program.
[III.] II. Procedures for the purchase, maintenance and repair of special telecommunications equipment.
4 Effective Date. Part I of this act shall take effect 60 days after its passage.
PART II
Relative to career and technical education.
1 Regional Career and Technical Education; Definitions; Sending District. Amend RSA 188-E:2, VIII(b) to read as follows:
(b) If a student attends a chartered public school, private school, or is home schooled, the sending district shall be the school district in which the student resides.
2 Construction or Renovation of Career and Technical Education Centers. Amend RSA 188-E:3, I to read as follows:
I. The commissioner, department of education, shall make grants available to designated regional centers for construction of career and technical education facilities or renovation, expansion, or replacement of existing regional career and technical education centers. The state board shall adopt rules, pursuant to RSA 541-A and RSA 21-N:9, II, which the commissioner shall carry out, relative to requirements for approval of regional career and technical education centers to receive funds for construction [or], renovation, expansion, or replacement of such facilities. The rules shall include criteria which guarantee potential sending districts an opportunity to enroll students in the regional career and technical education program, and basic criteria for planning such facilities through cooperative development of plans by the career and technical education staff of the state department of education and the local school district's staff. When such plans appear to be both educationally and financially acceptable, the department's career and technical education staff shall recommend to the commissioner that they be approved for funding.
3 Career and Technical Education; Transportation. Amend RSA 188-E:8 to read as follows:
188-E:8 Transportation. The department of education is authorized to reimburse from its regular budget the full cost of transportation for (a) regional career and technical education students who attend regional career and technical education centers and for (b) at-risk students who attend alternative education programs located at a regional career and technical education center or other comprehensive high school. Transportation costs shall not exceed the rate adopted pursuant to RSA 541-A by the state board. The sending district shall be responsible for providing transportation and paying the transportation costs and shall then be reimbursed from state funds.
4 Career and Technical Education; Funding for Construction, Renovation, Expansion, and Replacement. Amend RSA 188-E:10, I to read as follows:
I. The department of education is responsible for maintaining a statewide system of regional [vocational] career and technical education centers to provide and allow for a variety of career and technical education programs funded within state budget appropriations. The treasurer of the state of New Hampshire is hereby authorized to make funds available to the department of education for the construction, renovation [and], expansion, or replacement of qualified regional career and technical education centers or regional career and technical education programs authorized in the capital budget, provided that:
(a) The commissioner of the department of education shall ensure that all requests submitted are both educationally and financially appropriate within the state capital project authorization process;
(b) The commissioner of the department of education submits on a biennial basis in a capital budget request a priority list of facilities and programs eligible for construction, renovation [and], expansion, or replacement provided that priority shall be given to programs that have been certified by an approved standard or that need additional funds to become certified by an approved standard;
(c) Each request for funding follows the capital budget procedure pursuant to RSA 9:3-a, provided that no qualified project funded in a state capital budget as required in this section shall have additional funds for the same project included in a subsequent proposal for capital appropriation under RSA 9:3-a unless directed by the priority list of the department of education;
(d) Each school district requesting funds from the department of education establishes and funds a construction, renovation [and], expansion, and replacement reserve fund, which shall be used by the school district to pay construction, renovation [and], expansion, and replacement costs not funded by the state, and which may include funding for the replacement of equipment; and
(e) The state shall fund not less than 50 percent nor more than 75 percent of the cost of a qualified project approved pursuant to this section.
(f) In this section, "qualified" means the project:
(1) Demonstrates need connected to the labor market.
(2) [Accepts students from sending schools.
(3)] Demonstrates adequate numbers of students through enrollment figures based on 3-year averages.
[(4)] (3) Demonstrates alignment with program competencies and academic competencies required by the department of education.
[(5)] (4) Allows for matriculation into a postsecondary venue.
[(6)] (5) Meets all industry and building standards.
[(7)] (6) Meets the procedural requirements for requests under this section and any other requirements in rules of the department of education.
[(8)] (7) Is a regional career and technical education center within a public school, or a public academy as defined in RSA 194:23, II, in the state of New Hampshire.
[9] (8) Has the capacity to provide academic courses for students from the sending districts who are approved for full-time attendance at the center.
5 New Subparagraph; Advisory Council on Career and Technical Education. Amend RSA 188-E:10-b, I by inserting after subparagraph (h) the following new subparagraph:
(i) A high school counselor from a sending school district, appointed by the president of the New Hampshire School Counselor Association.
6 Advisory Council on Career and Technical Education. Amend RSA 188-E:10-b, III to read as follows:
III. Members of the advisory council appointed under subparagraphs I(f)-[(h)](i) shall serve for terms of 3 years and may be reappointed, except that terms of initial appointments by the commissioner under subparagraphs (f) and (h) shall be staggered.
7 New Paragraph; Career and Technical Education; Rulemaking. Amend RSA 188-E:10-b by inserting after paragraph VI the following new paragraph:
VII. By June 30, 2021, upon recommendation of the council, the department shall adopt rules, pursuant to RSA 541-A, establishing requirements for a career readiness credential.
8 Secondary Career and Technical Education Programs; Federal Authorization. Amend RSA 188-E:12 to read as follows:
188-E:12 Secondary Career and Technical Education Programs; Federal Authorization. In accordance with 20 U.S.C. section 9271, the state shall include in its unified plan, all secondary career and technical education programs authorized under 20 U.S.C. 2301 et seq., known as the Carl D. Perkins Career and Technical Education Act of 2006 as amended by the Strengthening Career and Technical Education for the 21st Century Act of 2018, Public Law 115-224.
9 Pre-Engineering and Technology Curriculum and Pre-Engineering and Technology Advisory Council; Membership and Terms. Amend RSA 188-E:16, I(d) to read as follows:
(d) The [president] chancellor of the community college system of [the] New Hampshire[ technical institute], or designee.
10 Advanced Manufacturing Education Advisory Council; Membership and Terms. Amend RSA 188-E:22, I(e) to read as follows:
(e) The [president] chancellor of the community college system of [the] New Hampshire[ technical institute], or designee.
11 Dual and Concurrent Enrollment Program; Program Established. Amend RSA 188-E:26 to read as follows:
188-E:26 Program Established. There is established a dual and concurrent enrollment program in the department of education. Participation in the program shall be offered to high school and career technical education center students in grades 10 through 12. The program shall provide opportunities for qualified New Hampshire high school students to gain access and support for dual and concurrent enrollment in career and technical education courses, STEM (science, technology, engineering, and mathematics) and STEM-related courses that are fundamental for success in postsecondary education and to meet New Hampshire's emerging workforce needs.
12 Dual and Concurrent Enrollment Program; School Board Policy. Amend RSA 188-E:28, I to read as follows:
I. [No later than July 1, 2018,] The school board of each school district shall develop and adopt a policy permitting students residing in the district who are in grade 10, 11 or 12 to participate in the dual and concurrent enrollment program. The policy shall, at a minimum, include compliance with measurable educational standards and criteria approved by the CCSNH and that meet the same standard of quality and rigor as courses offered on campus by the CCSNH. The policy shall also comply with the standards for accreditation and program development established by the National Alliance for Concurrent Enrollment Partnerships. The policy shall include, but not be limited to, student eligibility criteria, standards for course content, standards for faculty approval, program coordination and communication requirements, tuition and fees, textbooks and materials, course grading policy, data collection, maintenance, and security, revenue and expenditure reporting, and process for renewal of the agreement.
13 Department of Education; Community College System of New Hampshire; Dual and Concurrent Enrollment Agreement. The department of education and the CCSNH shall develop and approve a model dual and concurrent enrollment agreement that shall be used by the CCSNH and the school board of a school district participating in the dual and concurrent enrollment agreement program. The model agreement shall include standards established by the CCSNH, shall include elements, standards, and criteria that have been approved by the department of education and CCSNH, and shall serve as the framework for the development, implementation, and administration of the dual and concurrent enrollment program in each school district by clearly defining the procedures related to concurrent and dual enrollment of high school students in college classes. The department shall further develop guidelines for the program relating to reporting, accountability, and payment of available funds to the CCSNH.
14 New Paragraph; Delivery of an Adequate Education. Amend RSA 193-E:3 by inserting after paragraph VII the following new paragraph:
VIII. Beginning in September 2021, and each year thereafter, school districts shall, for entering high school freshman: assess student career interests; document school pathways to career readiness credentials; advise all entering high school students how to achieve a career ready credential upon graduation; and record on a student's transcript progress towards the credential. School districts shall report the following annually: the number of students who complete CTE; the number of dual enrollments, concurrent enrollments, extended learning opportunities, and work based learning enrollments; and the number of career ready credentials awarded.
15 Repeal Date Extended. Amend RSA 2019, 247:3, XVI to read as follows:
247:3 Repeal; [2022] 2026. RSA 188-E:9-a, relative to donations to regional career and technical education center programs, is repealed.
16 Effective Date Change. Amend RSA 2019,247:4, I to read as follows:
I. Section 3 of this act shall take effect June 30, [2022] 2026.
17 Effective Date. Part II of this act shall take effect 60 days after its passage.
PART III
Requiring emergency action plans for sports related injuries.
1 New Section; Health Services; Emergency Plans for Sports Related Injuries. Amend RSA 200 by inserting after section 40-b the following new section:
40-c Emergency Plans for Sports Related Injuries.
I. The local board of each school district or the governing body of each nonpublic school that includes any of the grades 4 through 12, shall establish an emergency action plan for responding to serious or potentially life-threatening sports related injuries. Each plan shall:
(a) Document the proper procedures to be followed when a student sustains a serious injury or illness while participating in school sponsored sports or other athletic activity.
(b) List the employees, team coaches, and licensed athletic trainers in each school who are trained in first aid or cardio-pulmonary resuscitation.
(c) Identify the employees, team coaches, or licensed athletic trainers responsible for carrying out the emergency action plan.
(d) Identify the activity location, address, or venue for the purpose of directing emergency personnel.
(e) Identify the equipment and supplies and location thereof needed to respond to the emergency;
(f) Identify the location of any automated external defibrillators and personnel trained in the use of the automated external defibrillator.
(g) Document policies related to cooling for an exertional heat stroke victim consistent with guidelines established by the American College of Sports Medicine and the National Athletic Trainers’ Association.
II. The plan shall be posted within each school and disseminated to, and coordinated with emergency medical services, fire department, and law enforcement. In addition, each school district shall adopt procedures for obtaining a comprehensive history of information relative to any injury or illness related to or involving any head, face, or cervical spine, cardiac injury or diagnosis, Covid-19, exertional heat stroke, sickle cell trait, asthma, allergies, or diabetes for each student athlete prior to engaging in activities; policies related to hydration, heat acclimatization and wet bulb globe temperature guidelines as established by the American College of Sports Medicine and the National Athletic Trainers’ Association; and procedures for students to return to play after a positive Covid-19 diagnosis, which shall be kept on file by each school district and made available to the department of education and public upon request. Each plan shall be added to the school's emergency response plan and adopted procedures shall be reviewed annually and updated as necessary.
III. The plans shall be implemented by the beginning of the first full school year after the effective date of this section.
2 Effective Date. Part III of this act shall take effect September 1, 2022.
PART IV
Relative to the definition of private postsecondary career school.
1 New Subparagraphs; Private Postsecondary Career Schools; Definitions. Amend RSA 188-G:1, II by inserting after subparagraph (l) the following new subparagraphs:
(m) Entities that have annual gross tuition of $100,000 or less.
(n) Entities offering instructional programs or courses for teaching fitness and recreational wellness; provided that any such entity with gross annual income of over $100,000 directly attributable to instructional programs or courses for teaching fitness and recreational wellness shall provide a surety bond as required in RSA 188-G:3.
2 Effective Date. Part IV of this act shall take effect 60 days after its passage.
PART V
Relative to environmental and outdoor education.
I. New Hampshire has throughout its history relied on its natural resources for economic, social, and cultural development, and it has acted to steward its environment. New Hampshire has promoted agriculture, protected its water resources and its fish and game, has established the Society for the Protection of New Hampshire Forests, and passed the Weeks Act. It is recognized as a public good, promoted by environmental organizations and state and municipal governments, to sustain a healthy New Hampshire environment. It is essential that New Hampshire citizens have access to and opportunities for connection with the natural world and become informed and responsible stewards.
II. New Hampshire’s recreational future depends on how the state of New Hampshire, educational institutions, environmental organizations, and the outdoor recreation industry rise up and steward our natural resources.
III. New Hampshire's outdoor recreation sector in 2020 is 3.2 percent of the state's economy, the ninth highest of any state. New Hampshire’s consumer outdoor recreation spending is $8,700,000,000 providing 79,000 jobs, $2,600,000,000 in wages, and $528,000,000 in state and local taxes.
IV. In 2019, New Hampshire became the sixteenth state in the United States to approve of an office of outdoor recreation industry development to be housed within the New Hampshire department of business and economic affairs. The office is intended to advance the outdoor industry toward a sustainable and responsible future by focusing on land conservation, economic development, education, and health and wellness. In furtherance of these goals, New Hampshire supports the Granite Outdoor Alliance in its work to unite the ecosystem of outdoor enthusiasts across New Hampshire to protect yet grow an experience-driven lifestyle.
V. Therefore, it is in the public interest to provide environmental and outdoor recreation education for New Hampshire students.
VI. Environmental literacy requires having an understanding of the natural world and the capacity to interpret environmental systems.
VII. Environmental literacy is achieved, in part, through environmental education and outdoor recreational education. Environmental education integrates hands-on, project-based classroom, community experiences with outdoor, place-based, in-the-field and outdoor recreation experiences, including fishing and hunting, in order to achieve an understanding of the environment as a whole. Outdoor recreation education includes instruction in outdoor recreational activities and preparation for participation in the outdoor recreation industry.
2 State Board of Education; Department of Education; Environmental and Outdoor Recreation Education. By July 1, 2022, for implementation by July 1, 2023, the state board of education and the department of education shall review the model curriculum in environmental education and outdoor recreation education contained in the New Hampshire environmental literacy plan (2016) developed by the New Hampshire Environmental Educators and the New Hampshire Children in Nature Coalition, and shall revise state standards and frameworks as necessary, so that New Hampshire students shall have opportunities, as feasible and practical, in fulfilling the requirements for an adequate education, and selecting elective courses, and other formal and informal opportunities and instruction, to complete the curriculum at the elementary, middle, and high school levels.
3 Criteria for an Adequate Education. Amend RSA 193-E:2, III to read as follows:
III. Knowledge of the biological, physical, and earth sciences, including climate and environmental sciences, to enable them to understand and appreciate the world around them.
4 Criteria for an Adequate Education; Science. Amend RSA 193-E:2, VI-VII to read as follows:
VI. Sound wellness and environmental practices, including outdoor recreation, to enable them to enhance their own well-being, as well as that of others.
VII. Skills for lifelong learning, including interpersonal, environmental education skills, and technological skills, to enable them to learn, work, and participate effectively in a changing society.
5 New Paragraph; Regional Career and Technical Education; Program. Amend RSA 188-E:5 by inserting after paragraph XI the following new paragraph:
XII. The director of career and technical education shall report to the advisory council on career and technical education by June 1, 2022 on the availability of programs in outdoor recreation and the potential for new programs to provide workforce training and appropriate credentialing in careers related to the outdoor recreation industry.
6 Department of Natural and Cultural Resources; Department of Business and Economic Development. The department of natural and cultural resources and the department of business and economic development shall investigate joining the Outdoor Recreation Industry Confluence Accords and report to the legislature its findings by June 1, 2022.
7 Effective Date. Part V of this act shall take effect 60 days after its passage.
21-0956
Amended 3/22/21
SB 148-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2021-0764s)
PART I: Repealing provisions relating to vocational rehabilitation and authorizing the state board of education to adopt rules relative to the provision of vocational rehabilitation.
This part has no fiscal impact.
PART II: Relative to career and technical education.
This part has no fiscal impact.
PART III: Requiring emergency action plans for sports related injuries.
This part has no fiscal impact.
PART IV: Relative to the definition of private postsecondary career school.
This part has no fiscal impact.
PART V: Relative to environmental and outdoor education.
This part has no fiscal impact.
AGENCIES CONTACTED:
Department of Business and Economic Affairs, Community College System of New Hampshire, Department of Education, and Department of Natural and Cultural Resources