1994 SESSION 4358B
94-2887
03/02
SENATE BILL 737-FN-LOCAL
AN ACT authorizing the state board of education to adopt rules relative to non-institutional private education programs and making private educators subject to certain education laws.
SPONSORS: Sen. Wheeler, Dist 11; Sen. Lovejoy, Dist 6; Sen. Barnes,
Dist 17; Rep. Cogswell, Carr 5
COMMITTEE: Education
ANALYSIS
This bill authorizes the state board of education to adopt rules relative to criteria for approving non-institutional private education programs for the purpose of complusory attendance requirements and makes private educators subject to certain education laws.
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EXPLANATION: Matter added to current law appears in bold italics.
Matter removed from current law appears in [brackets].
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4358B
94-2887
03/02
SB 737-FN-LOCAL
STATE OF NEW HAMPSHIRE
In the year of Our Lord
One Thousand Nine Hundred and Ninety-Four
AN ACT
authorizing the state board of education to adopt rules relative
to non-institutional private education programs and making private
educators subject to certain education laws.
Be it Enacted by the Senate and House of
Representatives in General Court convened:
1 Non-institutional Private Educators Added. Amend RSA 186:11, XXIX to read as follows:
XXIX. Adopt rules, pursuant to RSA 541-A, relative to reasonable criteria for approving non-institutional private education programs and non-public schools for the purpose of compulsory attendance requirements. The state board of education may, upon request, designate which schools meet those criteria, and may, upon the request of a non-institutional private education program or a non-public school, approve or disapprove its education program and curriculum.
2 Non-institutional Private Educators Added. Amend RSA 189:11 to read as follows:
189:11 Instruction in National and State History and Government. All non-institutional private educators and in all public and private schools in the state there shall be given regular courses of instruction in the history, government and constitutions of the United States and New Hampshire, including the organization and operation of New Hampshire municipal, county and state government and of the federal government. Such instruction shall begin not later than the opening of the eighth grade and
shall continue in high school as an identifiable component of a year's course in the history and government of the United States and New Hampshire.
3 Non-institutional Private Educators Added. Amend RSA 189:17 to read as follows:
189:17 Flags; Penalty. The school board shall supply a United States and a New Hampshire state flag; the flags shall be made not less than 5 feet in length, with a flagstaff and appliances for displaying the same, for every schoolhouse in the district in which a public school is taught, at the expense of the district. They shall prescribe rules and regulations for the proper custody, care and display of these flags; the regulations shall require that wherever possible, the United States flag and the New Hampshire state flag shall be displayed on separate staffs of equal height. When the flags are displayed on the same staff, the United States flag shall be displayed above the New Hampshire flag. The regulations shall further require that such flags shall be displayed prominently outside of the schoolhouse. When they are otherwise displayed, the flags shall be placed conspicuously in the principal room of assembly of the schoolhouse. The governing board of every private school shall supply a United States flag, such flag to be made not less than 5 feet in length, with a flagstaff and appliances for displaying same. They shall make provisions similar to those required in the public schools for the display of said flag. A non-institutional private educator providing non-institutional private education shall supply a United States flag. Such person shall make provisions similar to those required in the public schools for the display of said flag. Any members of a school board, a private educator, or the governing board who shall refuse or neglect to comply with the provisions of this section shall be guilty of a violation.
4 Private Educators Added. Amend RSA 189:19 to read as follows:
189:19 English Required. In the instruction of children in all schools, including non-institutional private educators and private schools, in reading, writing, spelling, arithmetic, grammar, geography, physiology, history, civil government, music, and drawing, the English language shall be used exclusively, both for the purposes of instruction therein and for purposes of general administration. Educational programs
in the field of bilingual education shall be permitted under the provisions of this section with the approval of the state board of education and the local school district.
5 Non-institutional Private Educators Added. Amend RSA 189:20 to read as follows:
189:20 Foreign Languages. A foreign language may be taught in elementary schools or by non-institutional private educators; provided, that the course of study (or its equivalent) outlined by the state board in the branches named in RSA 189:19 be not abridged but be taught in compliance with the law of the state.
6 Non-institutional Private Educators. Amend RSA 189:21 to read as follows:
189:21 Language of Devotional Exercises in Private Schools. The exclusive use of English for purposes of instruction and administration shall not prohibit the conduct of devotional exercises in private schools and by non-institutional private educators in a language other than English.
7 Private Educators Added. Amend RSA 189:27-a to read as follows:
189:27-a Computerization of Pupil Registers. School boards, or the governing persons or governing bodies of public academies or non-public schools, or non-institutional private educators, may choose to maintain pupil registration and enrollment information through the use of a computer, instead of using a register provided by the state board of education. The software program for any such computer application shall be capable of providing in printed form at least the information required by RSA 186:11, VI.
8 Private Educators Added. Amend RSA 189:27-b to read as follows:
189:27-b Retention of Pupil Registers. Pupil registers, whether kept manually or by means of a computer, shall be retained as a permanent record of the school district, public academy, non-institutional private educator, or non-public school. When a computer is used, the permanent record shall consist, at a minimum, of a paper printout.
9 Non-Institutional Private Educators Added. Amend RSA 193:1, I to read as follows:
I. A parent of any child at least 6 years of age and under 16 years of age shall cause such child to attend the public school to which the child is assigned in his resident district. Such child shall attend full time when such school is in session unless:
(a) The child is attending a public school outside the district to which he is assigned or an approved private school for the same time;
(b) The child is receiving home education; [or]
(c) The relevant school district superintendent has excused a child from attendance because the child is physically or mentally unable to attend school, or has been temporarily excused upon the request of his parent for purposes agreed upon by the school authorities and the parent. Such excused absences shall not be permitted if they cause a serious adverse effect upon the student's educational progress. Students excused for such temporary absences may be claimed as full-time pupils for purposes of calculating state aid under RSA 186-C:18 and RSA 198:27-33[.]; or
(d) The child is receiving non-institutional private education.
10 Private Educators Added. Amend RSA 194:31 to read as follows:
194:31 Registers; Reports. All academies, private schools, non-institutional private educators, and public schools shall be furnished with copies of the school register, and shall make an annual statistical report to the department of education by September 1. The school board of every school district or city, and the board of trustees of approved public academies shall have a 30-day grace period if it fails to file the report due under this section by September 1. At the end of 30 days the commissioner of the department of education shall notify the governing body that all state aid to education for the upcoming fiscal year shall be withheld until the report is filed.
11 Effective Date. This act shall take effect 60 days after its passage.
LBAO
LSR 94-2887
12/22/93
FISCAL NOTE for an act authorizing the state board of education to adopt rules relative to non-institutional private education programs and making private educators subject to certain education laws.
FISCAL IMPACT:
The Department of Education has determined this bill will increase state expenditures by $192,000 in FY 1994, by $67,672 in FY 1995, by $74,408 in FY 1996, by $82,338 in FY 1997 and by $90,619 in FY 1998. Local expenditures will decrease by $779,000 in FY 1994, by $858,900 in FY 1995, by $947,048 in FY 1996, by $1,044,173 in FY 1997 and by $1,151,079 in FY 1998. There will be no impact on state, county and local revenues and county expenditures.
METHODOLOGY:
The Department defines a private educator as a home schooler. There are 1,951 students educated at home with 1,558 acknowledged by the local school districts, 387 by private schools, and 6 by the state. If the average family home educates two children, there are 975 families pursuing this option. The average cost of home education supervision is $500. The average cost of approving private programs is $200. All programs would be approved the first year with renewal every third year. Although some school districts would lose foundation aid due to the reduced number of enrolled students, the excess foundation aid would be reallocated through the formula. There would be a 5% annual increase in the number of home educated and the cost of the program.
School districts cost decreased:
FY 1994: (1,558 students) x 500 = 779,000
FY 1995: (1,558 x 1.05) x (500 x 1.05) = 858,900
State cost decrease:
FY 1994: (6 students) x 500 = 3,000
FY 1995: (6 x 1.05) x (500 x 1.05) = 3,308
State cost increase:
FY 1994: (975 families) x 200 = 195,000
FY 1995: (975 x 1.05 x .33) x (200 x 1.05) = 70,980