HB 1458-FN - AS INTRODUCED
2024 SESSION
24-2483
02/05
HOUSE BILL 1458-FN
AN ACT relative to authorizing parents to remove children from the English Language Learner Program.
SPONSORS: Rep. Layon, Rock. 13
COMMITTEE: Education
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ANALYSIS
This bill allows parents to remove their children from the English language learner (ELL) program, automatically removes them if they have not received ELL services in the last 2 years, and puts the burden on the local school district to appeal removals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2483
02/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to authorizing parents to remove children from the English Language Learner Program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions; English Language Learner. Amend RSA 198:38, VI to read as follows:
VI. "English language learner" (ELL) 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). Parents may remove their child from the ELL program if their child is performing at grade level in reading and writing, or if their child has not been provided ELL services. Students who have not received ELL services in the preceding 2 years shall be automatically removed from the program. The school district shall have the burden to appeal removals under this paragraph to the state board of education.
2 Effective Date. This act shall take effect July 1, 2024.
24-2483
11/24/23
HB 1458-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to authorizing parents to remove children from the English Language Learner Program.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $0 | Indeterminable Decrease | |||
Funding Source(s) | Education Trust Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | Indeterminable Decrease | |||
Local Expenditures | $0 | Indeterminable | ||||
METHODOLOGY:
This bill allows parents to remove their child from the English Language Learner (ELL) program if their child is performing at grade level in reading and writing and states students that have not received ELL services in the preceding two years will be automatically removed from the program. The bill also allows for a school district to appeal the removal of students from ELL services to the state board of education. To the extent students are removed from the ELL program, there may be a decrease to state adequate education grants to school districts. Under RSA 198:40-a, the cost of an opportunity for an adequate education, an amount is allocated for each ELL pupil. While it is indeterminable how many students may be removed from the program, below is a summary of the ELL component of the education funding formula (it should be noted that FY 2026 would be the first year in which grants may be impacted by this bill):
| FY 2024 (Revised Estimates) | FY 2025 | FY 2026 | FY 2027 |
ELL Average Daily Membership (# Students) | 5,126 | TBD | TBD | TBD |
Per Pupil Grant | $800.00 | $816.00 | $832.32 | $848.97 |
Total | $4,101,170.00 | TBD | TBD | TBD |
It is unknown if this bill will have an impact on costs to local school districts, relative to providing ELL services.
AGENCIES CONTACTED:
Department of Education
| Date | Body | Type |
|---|---|---|
| Feb. 5, 2024 | House | Hearing |
| Feb. 13, 2024 | House | Exec Session |
| March 5, 2024 | House | Exec Session |
| March 11, 2024 | House | Exec Session |
| Oct. 3, 2024 | House | Exec Session |
| House | Floor Vote |
Oct. 31, 2024: Interim Study Report: Not Recommended for Future Legislation (Vote 20-0)
Sept. 11, 2024: Executive Session: 10/03/2024 10:30 am LOB 205-207
Sept. 11, 2024: Full Committee Work Session: 10/03/2024 10:00 am LOB 205-207
March 21, 2024: Refer for Interim Study: MA VV 03/21/2024 HJ 9 P. 2
March 13, 2024: Committee Report: Refer for Interim Study 03/06/2024 (Vote 19-1; CC)
March 6, 2024: ==CONTINUED== Executive Session: 03/11/2024 01:00 pm LOB 205-207
Feb. 21, 2024: ==CONTINUED== Executive Session: 03/05/2024 02:30 pm LOB 205-207
Feb. 5, 2024: ==RECESSED== Executive Session: 02/13/2024 09:45 am LOB 205-207
Jan. 31, 2024: Public Hearing: 02/05/2024 01:15 pm LOB 205-207
Dec. 6, 2023: Introduced 01/03/2024 and referred to Education HJ 1 P. 21