2/20/02 2689s

17apr02...3193h

2002 SESSION

02-3033

04/09

SENATE BILL 321-LOCAL

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Establishes a committee to study existing statutory issues relating to the legal residency of homeless children for the purposes of primary and secondary public education and to study existing statutory requirements and relevant departmental rules regarding legal residency for the purpose of determining liability for the education of children placed in certain child care agencies, health care facilities, or state institutions.

II. Provides that the superintendent's decision on a pupil's change of school or assignment shall be final.

III. Provides a clarification of the procedure for determining legal residency.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2689s

17apr02...3193h

02-3033

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

138:1 Committee Established. There is established a committee to study the existing statutory and administrative requirements regarding the legal residency of homeless children for the purposes of primary and secondary public education and for the purpose of determining liability for the education of children placed in certain child care agencies, health care facilities, or state institutions.

138:2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

138:3 Duties. The committee shall:

I. Study existing statutory requirements and relevant department of education rules regarding the school assignment and legal residency of homeless children for the purposes of primary and secondary public education.

II. Study existing statutory requirements and relevant departmental rules regarding legal residency for the purpose of determining liability for the education of children placed in child care agencies, health care facilities, residential schools, state institutions, foster care placements, or court ordered placements.

III. Study the provisions of the McKinney-Vento Homeless Assistance Act and Title I of the Elementary and Secondary Education Act, as reauthorized by the No Child Left Behind Act of 2001 (Pub. L. 107-110), and recommend changes to state law deemed necessary or appropriate.

IV. Determine how funds received under the McKinney-Vento Homeless Assistance Act and Title I of the Elementary and Secondary Education Act have been used by the state, analyze whether such use is the most effective means of achieving the purposes for which the funds have been appropriated, and recommend alternative methods of using such funds as may be necessary.

V. Solicit information and expertise from the commissioners of the departments of education and health and human services relative to any issue within the scope of the committee's duties.

138:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

138:5 Report.

I. On or before September 1, 2002, the commissioner of the department of education shall submit a report to the chairperson of the study committee which shall include recommendations for proposed legislation necessary for revising existing statutory and administrative provisions relating to legal residency of homeless children as set forth in section 3, paragraphs I-II of this act. The commissioner of the department of education shall consult with the commissioner of the department of health and human services regarding any issue relevant to the scope of this legislation for which the commissioner of the department of health and human services has primary authority or jurisdiction.

II. The committee shall report its findings and any recommendations for proposed legislation, and shall consider the contents of the report submitted by the commissioner of the department of education, and shall submit its report to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002.

138:6 New Subparagraph; Pupils; Change of School or Assignment. Amend RSA 193:3, III by inserting after subparagraph (g) the following new subparagraph:

(h) Notwithstanding RSA 21-N:11, III, for the purposes of this paragraph, the decision of the superintendent shall be final.

138:7 Legal Residence Required; Pendency of Residency Dispute. Amend RSA 193:12, VI to read as follows:

VI. The superintendent shall decide residency issues under this section. If more than one school district is involved in a residency dispute or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision. In those instances when an agreement cannot be reached in a timely manner, the commissioner of education shall make a determination and such determination shall be final. No school district shall deny a pupil attendance or implementation of an existing individual education plan. A pupil shall remain in attendance in the pupil's [current] school of origin during the pendency of a determination of residency and shall be counted in the average daily membership in residence in the district of residence. In this paragraph, "school of origin" means the school the child attended when permanently housed or the school in which the child was last enrolled. Notwithstanding the provisions of RSA 21-N:11, III any person aggrieved by a determination of the commissioner may appeal such determination to a court of competent jurisdiction.

138:8 Effective Date. This act shall take effect upon its passage.

(Approved: May 9, 2002)

(Effective Date: May 9, 2002)