HB115 (2025) Detail

Relative to universal eligibility for the education freedom account program.

HB 115-FN - AS AMENDED BY THE HOUSE

 

13Mar2025... 0651h

2025 SESSION

25-0061

07/02

 

HOUSE BILL 115-FN

 

AN ACT relative to universal eligibility for the education freedom account program.

 

SPONSORS: Rep. McDonnell, Rock. 25; Rep. Ladd, Graf. 5; Rep. Noble, Hills. 2; Rep. Soti, Rock. 35; Rep. Verville, Rock. 2; Rep. Cordelli, Carr. 7; Rep. Sweeney, Rock. 25; Rep. Seidel, Hills. 29; Rep. Alexander Jr., Hills. 29; Rep. Weyler, Rock. 14; Sen. Murphy, Dist 16; Sen. Ward, Dist 8; Sen. Sullivan, Dist 18; Sen. Innis, Dist 7

 

COMMITTEE: Education Funding

 

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AMENDED ANALYSIS

 

This bill increases the income eligibility for the EFA program in fiscal year 2026 and removes the income eligibility criteria beginning in fiscal year 2027.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Mar2025... 0651h 25-0061

07/02

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to universal eligibility for the education freedom account program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Education Freedom Accounts; Definitions; Eligible Student.  Amend RSA 194-F:1, VI 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 whose annual household income at the time the student applies for the program is less than or equal to [350] 400 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). After June 30, 2026, no income threshold need be met in subsequent years for a kindergarten through grade 12 student to enroll in the EFA program, 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.

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

 

LBA

25-0061

12/9/24

 

HB 115-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to universal eligibility for the education freedom account program.

 

FISCAL IMPACT:   

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

Indeterminable

Funding Source(s)

Education Trust Fund

Appropriations*

$0

Statutory Appropriation Under RSA 194-F:11 for Any Amount Necessary to Fund Program

Funding Source(s)

Education Trust Fund

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Local Revenue

$0

Indeterminable

Local Expenditures

$0

Indeterminable

 

METHODOLOGY:

This bill eliminates the income requirement for eligibility for the education freedom account (EFA) program. As of September 2024, 5,321 students were in the EFA program with an annualized cost estimated at $27.7 million with the grant averaging $5,204 per student. The average adequacy education grant (FY 2026 preliminary estimates as of November 15, 2024) to public district schools is $7,108, which includes cost of an opportunity for an adequate education, and extraordinary needs and hold harmless grants. Students entering the program under this bill would likely receive a grant less than the current average, since the newly eligible population would not be eligible for free or reduced-priced meal (F&R) differentiated aid. It is estimated that the average EFA grant for the newly eligible population under this bill would be approximately $4,419 (assuming 7% are eligible for special education differentiated aid).

 

The Department of Education states this bill will result in an indeterminable number of new students accessing the program. The following is information relative to the different situations in which a student may access the EFA program:

 

  • Students accessing the program attending non-public schools or home education settings would likely receive an estimated average grant of $4,419. This would be an increased cost to the state as these students currently do not receive any state support.

 

  • Students leaving a charter public school would have a net cost savings to the state of $5,098; approximately $9,517 (current charter school per pupil rate based on 7% special education differentiated aid eligibility) – $4,419 (average new EFA) = $5,098.

 

  • Students leaving a traditional district system would have a net cost to the state if the student left a community that has statewide education property tax (SWEPT) collections in excess of its calculated cost of an opportunity for an adequate education (“excess SWEPT”). The cost would be the average new EFA grant of $4,419 per student.

 

  • Students leaving a non-excess SWEPT community would see the adequacy grant go to the EFA program for educating the student instead of the school district. This should result in a net neutral cost to the state, as there would be cost for the EFA grant ($4,419) and a decrease in local school district aid for the student ($4,419). However, there would be a cost to the state due to the EFA phase-out grant being paid. The EFA phase-out grant compensates districts at a rate of 50 cents on the dollar in year one and 25 cents in year two, for the cost of an adequate education grant portion only for any student leaving the district and going to the EFA program. Therefore, this grant would cost on average $2,209.50 for each student leaving a district (50 percent of $4,419) in year one. Under current law, phase-out grants will terminate for new EFA students receiving an EFA effective July 1, 2026 (FY 2027).

 

As students potentially leave traditional district schools and join the EFA program, districts may feel pressure to reduce their local expenditures to better fit the reduced population served. It is unknown the impact this would have on local expenditures, but this could potentially result in an indeterminable decrease.

 

It should be noted, that under current law, EFA and charter school grants are paid based on current year enrollments, while district adequacy grants are paid based on the previous school year enrollments (one year lag).

 

AGENCIES CONTACTED:

Department of Education

 

Amendments

Date Amendment
March 5, 2025 2025-0651h
March 11, 2025 2025-0916h
March 11, 2025 2025-0922h

Links


Action Dates

Date Body Type
Jan. 16, 2025 House Hearing
March 4, 2025 House Exec Session
March 5, 2025 House Floor Vote
April 1, 2025 House Exec Session
April 2, 2025 House Floor Vote
April 22, 2025 Senate Hearing

Bill Text Revisions

HB115 Revision: 47414 Date: March 13, 2025, 1:09 p.m.
HB115 Revision: 47357 Date: March 11, 2025, 3:09 p.m.
HB115 Revision: 47358 Date: March 11, 2025, 3:03 p.m.
HB115 Revision: 47220 Date: March 5, 2025, 2:43 p.m.
HB115 Revision: 45939 Date: Jan. 4, 2025, 9:55 p.m.

Docket

April 15, 2025: Hearing: 04/22/2025, Room 101, LOB, 10:15 am; SC 18

April 11, 2025: Introduced 03/27/2025 and Referred to Education; SJ 10

April 10, 2025: Ought to Pass: MA RC 188-181 04/10/2025 HJ 12

April 2, 2025: Minority Committee Report: Inexpedient to Legislate

April 2, 2025: Majority Committee Report: Ought to Pass 04/02/2025 (Vote 14-11; RC) HC 19 P. 15

March 26, 2025: Executive Session: 04/01/2025 10:00 am LOB 210-211

March 18, 2025: Division II Work Session: 03/19/2025 10:00 am LOB 209

March 14, 2025: Division II Work Session: 03/18/2025 10:00 am LOB 209

March 13, 2025: Referred to Finance 03/13/2025 HJ 8 P. 44

March 13, 2025: Ought to Pass with Amendment 2025-0651h: MA RC 198-180 03/13/2025 HJ 8 P. 42

March 13, 2025: FLAM # 2025-0922h (Rep. Ames): AF RC 171-205 03/13/2025 HJ 8 P. 40

March 13, 2025: FLAM # 2025-0916h (Rep. Luneau): AF RC 170-205 03/13/2025 HJ 8 P. 38

March 13, 2025: Amendment # 2025-0651h: AA VV 03/13/2025 HJ 8 P. 37

March 5, 2025: Minority Committee Report: Inexpedient to Legislate

March 5, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-0651h 03/05/2025 (Vote 10-8; RC)

Feb. 27, 2025: Executive Session: 03/05/2025 11:00 am LOB 205-207

Jan. 8, 2025: Public Hearing: 01/16/2025 01:00 pm LOB 205-207

Jan. 6, 2025: Introduced 01/08/2025 and referred to Education Funding HJ 2 P. 6