2003 SESSION

03-0218

04/09

HOUSE BILL 754-FN-LOCAL

COMMITTEE: Education

ANALYSIS

This bill establishes an education certificate program in the department of education which would allow the parent of a child to receive an educational certificate to be used for educational programs at a nonpublic school or home education program, for grades kindergarten through 12.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0218

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 Statement of Purpose. The general court finds and declares that:

I. Elementary and secondary education in the state is in need of educational options as evidenced by the following:

(a) Many school children are performing significantly below relevant national standards;

(b) Other school children are dropping out of school before completing the ordinary course of secondary education; and

(c) A substantial number of New Hampshire's young people are leaving school without the basic skills and knowledge that will enable them to find and hold a job or otherwise function in society.

II. Some schools are providing a better elementary and secondary education than others:

(a) Students in these schools are performing near or above relevant national and state standards;

(b) Students in these schools tend to remain in school until they complete the ordinary course of their secondary education; and

(c) Students leave these schools with the basic skills and knowledge that will enable them to find and hold jobs and otherwise function as productive members of society.

III. Parents of school-age children are frequently unable to enroll their children in schools that will provide them with a quality education. This inability is caused by:

(a) Laws and regulations that limit parents' freedom to select schools that they believe can provide their children with a quality education;

(b) Parents' lack of influence over the educational policies and procedures of their children's schools; and

(c) Parents' lack of funds to pay for a quality education.

IV. An educational choice program would:

(a) Enable parents to select schools they believe will provide a quality education for their children;

(b) Empower parents to influence educational policies and procedures of the schools their children attend;

(c) Provide parents with a portion of the funds necessary to pay for a quality education; and

(d) Better assist children in the state to become productive members of society.

V. It is the purpose of this act to maintain and improve the quality of elementary and secondary education in all schools in the state by providing to all parents in the state enhanced opportunity for the exercise of parental choice in the education of their school-age children. Further:

(a) Ensure that all school-age children have access to schools that are satisfactory to the parents.

(b) Allow parents the financial freedom to choose equally among nonpublic and home school programs that are best suited to their children's needs and talents and the parents' educational philosophy regardless of family income and place of residence.

(c) Encourage the establishment and operation of diverse learning environments designed to meet the individual educational needs and talents of New Hampshire children.

(d) Encourage competition among all schools to improve school cost-effectiveness and quality.

(e) Encourage all schools to reach beyond educational adequacy to educational excellence.

(f) Help alleviate school district building space under-utilization and over-utilization.

2 New Chapter; Education Certificate Program. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

EDUCATION CERTIFICATE PROGRAM

193-G:1 Program Established. The education certificate program is hereby established in the department of education. The program shall allow the parent of each school-age child in grades kindergarten through 12 to receive, on request, a certificate that may be used for educational payments at a nonpublic school or home school program selected by the child's parent.

193-G:2 Eligibility and Funding. Education certificates shall be available to all parents of school-age children in grades kindergarten through 12 for necessary expenses as determined by the nonpublic or home school up to the value of the certificate. Funding of education certificates shall be made through the education trust fund established in RSA 198:39.

193-G:3 Value of Certificate. The value of a certificate, for any individual pupil, shall be based on the cost of an adequate education, for the town the pupil resides in, as determined by the general court in the fiscal year in which the certificate is requested. No certificate may be redeemed for more than the amount of the tuition and fees at the nonpublic school. The value of certificates redeemed for attendance in home education programs shall not exceed $1,000.

193-G:4 Participating Schools.

I. The appropriate officials for each nonpublic school or home education program shall decide whether that school shall participate in the certificate program.

II. Nonpublic schools or home education programs may admit children with certificates who apply, up to the limit of the school's capacity, after reserving places for children admitted in accordance with the school's regular admissions practices.

III. Nonpublic schools and home education programs shall establish criteria for the admission of children with certificates that are consistent with the admissions criteria that it regularly applies. No enrollment discrimination based on race, sex, or creed shall be allowed for schools that accept certificates.

IV. Participating schools shall be permitted flexibility to educate pupils in accordance with the school's educational mission. Nothing in this chapter shall be deemed to impose additional restrictions on participating schools.

193-G:5 Redeeming Certificates. The parent of a child with a certificate may use the certificate for educational programs at a nonpublic school or home education program of his or her choice if the child is admitted. The parent shall present the certificate for payment to the nonpublic school or home education program to be redeemed.

193-G:6 Discrimination Prohibited. The funding and educational decision-making process for educationally disabled students attending nonpublic schools or home education programs shall be the responsibility of the parent.

193-G:7 Transportation. The local school district in which a child resides shall be obligated to provide transportation for a child to the nonpublic school or home education program of his or her parent's choice provided the nonpublic school or home education program selected is within the local school district.

193-G:8 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

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

LBAO

03-0218

1/24/03

HB 754-FN-LOCAL - FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY:

LBAO

03-0218

1/24/03

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