HB1816 (2026) Detail

(New Title) relative to the intervention of the department of education into a school or school district during a financial emergency and requiring the state school board to establish rules governing the vetting of school district business administrator candidates.


HB 1816-FN - AS AMENDED BY THE SENATE

 

11Mar2026... 0983h

05/07/2026   1636s

2026 SESSION

26-2410

07/08

 

HOUSE BILL 1816-FN

 

AN ACT relative to the intervention of the department of education into a school or school district during a financial emergency and requiring the state school board to establish rules governing the vetting of school district business administrator candidates.

 

SPONSORS: Rep. Ladd, Graf. 5; Rep. Spilsbury, Sull. 3; Rep. Popovici-Muller, Rock. 17; Rep. Peeples, Hills. 14; Rep. Kofalt, Hills. 32; Sen. Ward, Dist 8; Sen. Innis, Dist 7

 

COMMITTEE: Education Funding

 

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AMENDED ANALYSIS

 

This bill allows the commissioner of the department of education to initiate and implement a district recovery plan if a school district's financial and operational condition is deemed a financial emergency by the state board of education and requires the state school board to establish rules governing the vetting of school district business administrator candidates.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0983h

05/07/2026   1636s 26-2410

07/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the intervention of the department of education into a school or school district during a financial emergency and requiring the state school board to establish rules governing the vetting of school district business administrator candidates.

 

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

 

1  New Sections; The State School Organization; State Board of Education; State Board Powers and Duties.  Amend RSA 186 by inserting after section 5 the following new sections:  

186:5-a Financial Emergency Powers of the State Board.  

I.  Nothing in this section shall be construed to permit either the department of education or the state board of education to take control of the daily operations of any local public school district or school, unless the financial and operational condition of the local public school district or school is deemed a financial emergency by the state board of education necessitating department intervention and oversight.  In such an emergency, the commissioner of the department of education shall have authority to assist the school district or school in developing a recovery plan and to oversee such plan to leverage resources to address core financial needs.  The recovery plan may consider:  

(a)  Altering administrative practices and operating conditions;

(b)  Reallocating school district or school resources;

(c)  Renegotiating contracts and agreements; and

(d) Department oversight of school district or school governance, organizational structure, and/or administrative services identified in RSA 194-C:4, II for up to one year.  

II.  For purposes of this section, "school in financial emergency" or "school district in financial emergency" necessitates that immediate oversight providing corrective and technical assistance by the department is imperative for the school district or school to meet its financial, operational, and instructional responsibilities for all school-age children.  The state board of education shall adopt rules, pursuant to RSA 541-A, relative to implementing corrective and technical assistance to a school district or school in a state of financial emergency.  

III.  The department of education may request up to $200,000 from the education trust fund into a nonlapsing reserve fund for the purpose of corrective and technical assistance necessary to implement a district financial emergency recovery plan pursuant to this section.  

186:5-b  Rules for Business Administrators.  

I.  The state board of education shall adopt rules under RSA 541-A that establish procedures school districts shall follow for vetting school district business administrator candidates and overseeing the work of business administrators.

II.  Business administrators shall be subject to the educator code of conduct. Any business administrator found responsible for any outcome under RSA 186:5-a, I(a)-(f) shall be found to have violated the educator code of conduct.  

2  Effective Date.  This act shall take effect January 1, 2027.  

 

LBA

26-2410

Revised 04/07/2026

 

HB 1816-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2026-0983h)

 

AN ACT relative to the intervention of the department of education into a school or school district during a financial emergency.

 

FISCAL IMPACT:   

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

Indeterminable (Possibly No Impact)

Funding Source(s)

General Fund and Education Trust Fund

Appropriations*

$0

See Methodology Below

Funding Source(s)

None

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

 

METHODOLOGY:

This bill, effective January 1, 2027, authorizes the State Board of Education to declare a school or school district in “financial emergency” and, in such cases, allows the Department of Education to provide temporary oversight and assistance to develop and implement a financial recovery plan.  The plan may include changes to administration, resource allocation, contracts, and governance for up to one year, while maintaining local control outside of emergency conditions.

 

Potential costs, if any, to the Department of Education are unknown.  The bill intends to allow for the Department to request up to $200,000 from the education trust fund to a "non-lapsing reserve fund" to support corrective and technical assistance.  This is assumed to be no more than $200,000 per district financial emergency recovery plan.  Please note the following relative to this section:

  • This states the Department may "request" funds, but is silent on approval required (i.e., Governor and Executive Council, Join Legislative Fiscal Committee, etc...).
  • This allows for the Department to "request" funds, however, it provides no appropriation ("spending") authority.
    • Similarly, this bill lacks "warrant language" for the allocation of the education trust fund dollars to the "non-lapsing reserve fund".

 

AGENCIES CONTACTED:

Department of Education

 

Amendments

Date Amendment
March 4, 2026 2026-0983h
April 22, 2026 2026-1636s

Links


Date Body Type
Jan. 27, 2026 House Hearing
Feb. 18, 2026 House Exec Session
March 3, 2026 House Exec Session
March 2, 2026 House Floor Vote
April 1, 2026 Senate Hearing
Senate Floor Vote

Bill Text Revisions

HB1816 Revision: 51974 Date: May 8, 2026, 9:13 a.m.
HB1816 Revision: 51647 Date: April 22, 2026, 3:31 p.m.
HB1816 Revision: 51130 Date: April 7, 2026, 4:10 p.m.
HB1816 Revision: 50874 Date: March 4, 2026, 1:36 p.m.
HB1816 Revision: 50268 Date: Dec. 18, 2025, 2 p.m.

Docket


May 7, 2026: Ought to Pass with Amendment # 2026-1636s, RC 14Y-8N, MA; OT3rdg; 05/07/2026; SJ 11


May 7, 2026: Committee Amendment # 2026-1636s, AA, VV; 05/07/2026; SJ 11


April 23, 2026: Committee Report: Ought to Pass with Amendment # 2026-1636s, 05/07/2026, Vote 4-2; SC 17


March 26, 2026: Hearing: 04/01/2026, Room 100, SH, 01:30 pm; SC 12


March 17, 2026: Introduced 03/12/2026 and Referred to Education Finance; SJ 7


March 11, 2026: Ought to Pass with Amendment 2026-0983h: MA VV 03/11/2026 HJ 7


March 11, 2026: Amendment # 2026-0983h: AA VV 03/11/2026 HJ 7


March 4, 2026: Committee Report: Ought to Pass with Amendment # 2026-0983h 03/02/2026 (Vote 18-0; CC) HC 10 P. 12


Feb. 18, 2026: ==CONTINUED== Executive Session: 03/03/2026 01:00 pm GP 232


Feb. 11, 2026: ==RECESSED== Executive Session: 02/18/2026 10:00 am GP 234


Jan. 13, 2026: ==ROOM CHANGE== Public Hearing: 01/27/2026 11:00 am GP 234


Dec. 18, 2025: Introduced 01/07/2026 and referred to Education Funding HJ 1 P. 37