Sen. Sherman, Dist 24

March 23, 2022

2022-1191s

10/04

Floor Amendment to SB 453-FN-A-LOCAL

Amend the title of the bill by replacing it with the following:

AN ACT enabling school districts to provide funding for preschool programs approved by the department of health and human services.

Amend the bill by replacing all after the enacting clause with the following:

1 Preschool Programs. RSA 170-F is repealed and reenacted to read as follows:

CHAPTER 170-F

PRESCHOOL PROGRAMS

170-F:1 Certification of Funding; Procedure for Adoption by School Districts. Following the date that the commissioner of health and human services certifies that sufficient funds are available for administrative costs for the department to operate this chapter and for the distribution of grants, local adoption may proceed as follows:

I. Any school district may adopt the provisions of this chapter by vote of its legislative body. Any city or town may do so by following the procedures in this section.

II. In a school district, other than a school district that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of the annual town meeting, by the governing body or by petition under RSA 197:6.

III. In a school district that has adopted a charter under RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body may vote to place the question on the official ballot for any regular school district election.

IV. If a majority of those voting on the question vote "yes," the provisions of this chapter shall take effect on July 1 following the vote, subject to the provisions of paragraph VI of this section.

V. If the question is not approved, the question may later be voted on according to the provisions of paragraph II or III of this section, whichever applies.

VI. A school district that has adopted this program may consider rescinding its action in the manner described in paragraph II or III of this section, whichever applies.

170-F:2 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Eligible pupil" means a child 3 or 4 years of age residing in the school district.

IV. "Eligible preschool program" means a preschool program meeting the requirements in rules adopted by the department of health and human services which is operated by:

(a) A local school district.

(b) A child day care agency licensed under RSA 170-E.

(c) A Head Start program.

(d) A private provider of preschool education contracted to provide preschool by the school board of the school district in which it is located.

V. "Federal poverty guidelines" means the federal poverty guidelines updated annually in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. section 9909(2).

170-F:3 Rulemaking. The commissioner shall adopt rules, under RSA 541-A, relative to:

I. Minimum standards for approving preschool programs. The department shall seek the advice and assistance of persons representative of the various types of preschool programs in adopting rules, including the department of education. The standards prescribed shall include:

(a) The operation and conduct of the preschool program.

(b) The character, qualifications, and competence of all persons directly responsible for the maintaining prescribed standards.

(c) The number of individuals or staff required to insure adequate supervision and care of the children enrolled.

(d) The appropriateness, safety, environmental health and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes.

(e) Provisions for educational opportunities, program, equipment, and individual supplies to assure the health and the physical and mental development of children enrolled.

(f) Maintenance of records.

(g) Filing of reports with the department, including format, frequency, and content of such reports.

(h) Provisions to provide for a reporting any new staff, paid or unpaid, of the preschool program.

II. Procedures and requirements for the payment of per pupil grants from the preschool fund established in RSA 170-F:6 to eligible preschool programs.

170-F:4 School District Responsibilities.

I. A school district adopting this chapter shall:

(a) Determine the eligible preschool program provider or providers in the district which are approved by the department.

(b) Determine total cost within the district of a per pupil attendance at a preschool provided to an eligible pupil in the district.

(c) Determine the level of the maximum qualifying income for payment of additional funding from property taxes assessed by the school district under RSA 76:8. The maximum qualifying income for free tuition for attendance at an eligible preschool programs shall be such that at least those families whose gross monthly income is 185 percent or less of the federal poverty guidelines, and who meet all other eligibility requirements, shall be eligible for free preschool attendance.

II. A school district shall assure the maintenence of the preschool quality standards as adopted by the commissioner as a condition of receipt of preschool program funds.

170-F:5 Funding for the Local Cost of Preschool Programs.

I. The funding for attendance by an eligible pupil at a preschool program shall be as follows:

(a) Each eligible pupil in an eligible preschool program shall receive from the preschool program fund established in RSA 170-F:6 distributed by the department of health and human services as provided in this chapter:

(b) For any pupil attending the eligible preschool program in the district, any cost for attendance in excess of the grant received in paragraph I shall be assessed as required tuition or, if the pupil's family meets the income eligibility limit under RSA 170-F:4, shall be collected by the school district under the warrant for school district appropriations assessed under RSA 76:8, III.

170-F:6 Preschool Program Fund.

I. There is established the preschool program fund. The following shall be credited to the fund:

(a) Any federal funds accepted and received by the department for funding of preschool programs.

(b) Any gifts grants or donations received for the purpose of funding preschool programs.

(c) Any sums appropriated to or designed by the general court for preschool program funding of local school district adopting the provisions of this chapter.

II. As of June 30 in each year the commissioner of health and human services shall cause to be computed the amount of annual per pupil grants to be paid to eligible preschool pupils in each school district in the succeeding fiscal year based upon projected preschool program attendance. If in any year the amount available for distribution hereunder is insufficient therefor, the available appropriation shall be apportioned proportionately.

2 New Paragraph; School Boards; Duty to Provide Education; Duties for Optional Preschool Program. Amend RSA 189:1-a by inserting after paragraph IV the following new paragraph:

V. School boards of school districts adopting preschool funding for 3 and 4 year old children under RSA 170-F shall comply with the requirements and rules of the department of health and human services and the duties of school boards under RSA 170-F.

3 New Subparagraph; Dedicated Fund; Preschool Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

(383) Moneys deposited in the preschool program fund under RSA 170-F:6.

4 Reference Removed. Amend RSA 126-D:1, I to read as follows:

I. Locating adoptive families for hard to place children for whom adoption assistance is provided under RSA 170-F, and assuring the continued protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

5 Reference Removed. Amend RSA 126-D:2, I to read as follows:

I. Authorize the commissioner, department of health and human services, to enter into interstate agreements with parallel agencies of other states for the protection of children on behalf of whom adoption assistance is being provided under RSA 170-F.

6 Reference Removed. Amend RSA 170-G:4, XIII to read as follows:

XIII. Assume and administer all the responsibilities and duties of the department of health and human services relative to child welfare services provided under RSA 161:2, II and XII relative to child welfare services funded through the social services block grant; 167:43; 167:51-167:53; 169-C; 170-A; 170-B; 170-C; 170-F; and 463 and provided under Title IV-B and Title IV-E of the Social Security Act.

7 Effective Date. This act shall take effect July 1, 2023.

2022-1191s

AMENDED ANALYSIS

This bill establishes a preschool program for pupils residing in a school district which adopts the provisions of the program.

Sen. Sherman, Dist 24

March 23, 2022

2022-1191s

10/04

Floor Amendment to SB 453-FN-A-LOCAL

Amend the title of the bill by replacing it with the following:

AN ACT enabling school districts to provide funding for preschool programs approved by the department of health and human services.

Amend the bill by replacing all after the enacting clause with the following:

1 Preschool Programs. RSA 170-F is repealed and reenacted to read as follows:

CHAPTER 170-F

PRESCHOOL PROGRAMS

170-F:1 Certification of Funding; Procedure for Adoption by School Districts. Following the date that the commissioner of health and human services certifies that sufficient funds are available for administrative costs for the department to operate this chapter and for the distribution of grants, local adoption may proceed as follows:

I. Any school district may adopt the provisions of this chapter by vote of its legislative body. Any city or town may do so by following the procedures in this section.

II. In a school district, other than a school district that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of the annual town meeting, by the governing body or by petition under RSA 197:6.

III. In a school district that has adopted a charter under RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body may vote to place the question on the official ballot for any regular school district election.

IV. If a majority of those voting on the question vote "yes," the provisions of this chapter shall take effect on July 1 following the vote, subject to the provisions of paragraph VI of this section.

V. If the question is not approved, the question may later be voted on according to the provisions of paragraph II or III of this section, whichever applies.

VI. A school district that has adopted this program may consider rescinding its action in the manner described in paragraph II or III of this section, whichever applies.

170-F:2 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Eligible pupil" means a child 3 or 4 years of age residing in the school district.

IV. "Eligible preschool program" means a preschool program meeting the requirements in rules adopted by the department of health and human services which is operated by:

(a) A local school district.

(b) A child day care agency licensed under RSA 170-E.

(c) A Head Start program.

(d) A private provider of preschool education contracted to provide preschool by the school board of the school district in which it is located.

V. "Federal poverty guidelines" means the federal poverty guidelines updated annually in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. section 9909(2).

170-F:3 Rulemaking. The commissioner shall adopt rules, under RSA 541-A, relative to:

I. Minimum standards for approving preschool programs. The department shall seek the advice and assistance of persons representative of the various types of preschool programs in adopting rules, including the department of education. The standards prescribed shall include:

(a) The operation and conduct of the preschool program.

(b) The character, qualifications, and competence of all persons directly responsible for the maintaining prescribed standards.

(c) The number of individuals or staff required to insure adequate supervision and care of the children enrolled.

(d) The appropriateness, safety, environmental health and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes.

(e) Provisions for educational opportunities, program, equipment, and individual supplies to assure the health and the physical and mental development of children enrolled.

(f) Maintenance of records.

(g) Filing of reports with the department, including format, frequency, and content of such reports.

(h) Provisions to provide for a reporting any new staff, paid or unpaid, of the preschool program.

II. Procedures and requirements for the payment of per pupil grants from the preschool fund established in RSA 170-F:6 to eligible preschool programs.

170-F:4 School District Responsibilities.

I. A school district adopting this chapter shall:

(a) Determine the eligible preschool program provider or providers in the district which are approved by the department.

(b) Determine total cost within the district of a per pupil attendance at a preschool provided to an eligible pupil in the district.

(c) Determine the level of the maximum qualifying income for payment of additional funding from property taxes assessed by the school district under RSA 76:8. The maximum qualifying income for free tuition for attendance at an eligible preschool programs shall be such that at least those families whose gross monthly income is 185 percent or less of the federal poverty guidelines, and who meet all other eligibility requirements, shall be eligible for free preschool attendance.

II. A school district shall assure the maintenence of the preschool quality standards as adopted by the commissioner as a condition of receipt of preschool program funds.

170-F:5 Funding for the Local Cost of Preschool Programs.

I. The funding for attendance by an eligible pupil at a preschool program shall be as follows:

(a) Each eligible pupil in an eligible preschool program shall receive from the preschool program fund established in RSA 170-F:6 distributed by the department of health and human services as provided in this chapter:

(b) For any pupil attending the eligible preschool program in the district, any cost for attendance in excess of the grant received in paragraph I shall be assessed as required tuition or, if the pupil's family meets the income eligibility limit under RSA 170-F:4, shall be collected by the school district under the warrant for school district appropriations assessed under RSA 76:8, III.

170-F:6 Preschool Program Fund.

I. There is established the preschool program fund. The following shall be credited to the fund:

(a) Any federal funds accepted and received by the department for funding of preschool programs.

(b) Any gifts grants or donations received for the purpose of funding preschool programs.

(c) Any sums appropriated to or designed by the general court for preschool program funding of local school district adopting the provisions of this chapter.

II. As of June 30 in each year the commissioner of health and human services shall cause to be computed the amount of annual per pupil grants to be paid to eligible preschool pupils in each school district in the succeeding fiscal year based upon projected preschool program attendance. If in any year the amount available for distribution hereunder is insufficient therefor, the available appropriation shall be apportioned proportionately.

2 New Paragraph; School Boards; Duty to Provide Education; Duties for Optional Preschool Program. Amend RSA 189:1-a by inserting after paragraph IV the following new paragraph:

V. School boards of school districts adopting preschool funding for 3 and 4 year old children under RSA 170-F shall comply with the requirements and rules of the department of health and human services and the duties of school boards under RSA 170-F.

3 New Subparagraph; Dedicated Fund; Preschool Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

(383) Moneys deposited in the preschool program fund under RSA 170-F:6.

4 Reference Removed. Amend RSA 126-D:1, I to read as follows:

I. Locating adoptive families for hard to place children for whom adoption assistance is provided , and assuring the continued protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

5 Reference Removed. Amend RSA 126-D:2, I to read as follows:

I. Authorize the commissioner, department of health and human services, to enter into interstate agreements with parallel agencies of other states for the protection of children on behalf of whom adoption assistance is being provided .

6 Reference Removed. Amend RSA 170-G:4, XIII to read as follows:

XIII. Assume and administer all the responsibilities and duties of the department of health and human services relative to child welfare services provided under RSA 161:2, II and XII relative to child welfare services funded through the social services block grant; 167:43; 167:51-167:53; 169-C; 170-A; 170-B; 170-C; ; and 463 and provided under Title IV-B and Title IV-E of the Social Security Act.

7 Effective Date. This act shall take effect July 1, 2023.

2022-1191s

AMENDED ANALYSIS

This bill establishes a preschool program for pupils residing in a school district which adopts the provisions of the program.