1 Education Freedom Account Program; Eligible Students. RSA 194-F:1, VI is repealed and reenacted to read as follows:

VI. "Eligible student" means a resident of this state who is eligible to enroll in a public elementary or secondary school and meets one or more of the following conditions:

(a) Whose annual household income at the time the student applies for the program 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). No income threshold need be met in subsequent years, provided the student otherwise qualifies. Students in the special school district within the department of corrections established in RSA 194:60 shall not be eligible students.

(b) Who is a child in foster care. "Foster care" means 24-hour substitute care for children placed away from their parents and for whom the agency under Title IV-E of the Social Security Act has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this subparagraph regardless of whether the foster care facility is licensed and payments are made by the state, tribal, or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is federal matching of any payments that are made.

(c) Whose status is as a migratory child. "Migratory child" means a child or youth who made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher; or with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher as defined by the federal Department of Education in 34 C.F.R 200.81.

(d) Whose status is as a homeless child or youth. "Homeless child or Youth" as defined in section 725(2) of title VII, subtitle B of the McKinney-Vento Homeless Assistance Act.

(e) Whose status is as a student with a parent who (1) is a member of the armed forces on full-time duty in the active military service of the United States, including full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned; or (2) serves on full-time National Guard duty, in training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under32 U.S.C. sections 316, 502, 503, 504, or 505 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

(f) Who is an English language learner. "English language learner" means a pupil who has a predominant language other than English or who is educationally disadvantaged by a limited English proficiency, and who participated in the annual assessment of English language proficiency required of such pupils by the Elementary and Secondary Education Act, 20 U.S.C. section 6311 (b)(7).

(g) Who is a persistently bullied student. "Persistently bullied student" means a pupil that has been a victim of 3 or more bullying incidences as defined by RSA 193-F:3.

(h) Who is a child with a disability. "Child with a disability" means as defined in RSA 186-C:2, I.

(i) Who is a student with a documented approved manifest educational hardship as defined by RSA 193:3, II (a).

(j) Who is a student who lives within the geographic boundaries of a school which has been identified as a comprehensive support and improvement school using the state methodology as defined in RSA 193-H:1, III(a)(2), which includes the lowest performing 5 percent of all schools in the state, and RSA 193-H:1, III(a)(3), which includes any high school that has a graduation rate less than 69 percent over 2 consecutive years.

(k) Any student who lives within the geographical jurisdiction of a school which has been designated as being a persistently dangerous school, as defined by RSA 193-G:1.

(l) Any student who is eligible for a free or reduced price meal.

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

1 Education Freedom Account Program; Eligible Students. RSA 194-F:1, VI is repealed and reenacted to read as follows:

VI. "Eligible student" means a resident of this state who is eligible to enroll in a public elementary or secondary school and meets one or more of the following conditions:

(a) Whose annual household income at the time the student applies for the program 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). No income threshold need be met in subsequent years, provided the student otherwise qualifies. Students in the special school district within the department of corrections established in RSA 194:60 shall not be eligible students.

(b) Who is a child in foster care. "Foster care" means 24-hour substitute care for children placed away from their parents and for whom the agency under Title IV-E of the Social Security Act has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this subparagraph regardless of whether the foster care facility is licensed and payments are made by the state, tribal, or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is federal matching of any payments that are made.

(c) Whose status is as a migratory child. "Migratory child" means a child or youth who made a qualifying move in the preceding 36 months as a migratory agricultural worker or a migratory fisher; or with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher as defined by the federal Department of Education in 34 C.F.R 200.81.

(d) Whose status is as a homeless child or youth. "Homeless child or Youth" as defined in section 725(2) of title VII, subtitle B of the McKinney-Vento Homeless Assistance Act.

(e) Whose status is as a student with a parent who (1) is a member of the armed forces on full-time duty in the active military service of the United States, including full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned; or (2) serves on full-time National Guard duty, in training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under32 U.S.C. sections 316, 502, 503, 504, or 505 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

(f) Who is an English language learner. "English language learner" means a pupil who has a predominant language other than English or who is educationally disadvantaged by a limited English proficiency, and who participated in the annual assessment of English language proficiency required of such pupils by the Elementary and Secondary Education Act, 20 U.S.C. section 6311 (b)(7).

(g) Who is a persistently bullied student. "Persistently bullied student" means a pupil that has been a victim of 3 or more bullying incidences as defined by RSA 193-F:3.

(h) Who is a child with a disability. "Child with a disability" means as defined in RSA 186-C:2, I.

(i) Who is a student with a documented approved manifest educational hardship as defined by RSA 193:3, II (a).

(j) Who is a student who lives within the geographic boundaries of a school which has been identified as a comprehensive support and improvement school using the state methodology as defined in RSA 193-H:1, III(a)(2), which includes the lowest performing 5 percent of all schools in the state, and RSA 193-H:1, III(a)(3), which includes any high school that has a graduation rate less than 69 percent over 2 consecutive years.

(k) Any student who lives within the geographical jurisdiction of a school which has been designated as being a persistently dangerous school, as defined by RSA 193-G:1.

(l) Any student who is eligible for a free or reduced price meal.

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