SB 0107

AN ACT establishing a statewide education accountability system and relative to the participation of the state and its political subdivisions in the federal No Child Left Behind Act of 2001.

SPONSORS: Sen. O'Hearn, Dist 12; Sen. Green, Dist 6; Sen. Flanders, Dist 7; Sen. Johnson, Dist 2; Rep Carson, Rock 75

I. Establishes a statewide education accountability system which includes school performance standards, the creation of an education improvement fund, and the development of a local school improvement plan in each school district.

II. Prohibits the spending of state general funds for compliance with the federal No Child Left Behind Act of 2001 (NCLBA).

III. Allows school districts to exempt themselves from compliance with NCLBA by a majority vote of the legislative body if the cost of compliance is not fully covered by the additional federal funds received by the school district or other political subdivision.

IV. Directs the department of education to ensure that no costs associated with NCLBA shall be included in the calculation of the cost of an adequate education.

V. Requires the department of education to submit a financial report for expenditures and sources of funding to the house and senate education and finance committees on an annual basis.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Policy and Purpose. The general court hereby establishes a statewide accountability system to ensure that public schools are providing all students an opportunity to receive an adequate public education as set forth in RSA 193-E:1-2. A comprehensive, statewide educational accountability system should include:

II. Systematic measurement of school performance at the state and local level using multiple valid measures.

III. Reporting on pupil performance at the school, school district, and state levels.

IV. The opportunity for schools that are not making satisfactory progress toward statutory statewide performance targets to receive assistance from the state, including assistance with the development, implementation, and evaluation of local education improvement plans designed to meet statewide performance targets and any performance targets developed locally to meet identified educational needs.

V. A statewide system of recognition of achievement for schools that meet or exceed statewide performance targets and strategic responses for schools that do not meet these targets.

2 Adequate Public Education; Reporting on the Delivery of Education. RSA 193-E:3 is repealed and reenacted to read as follows:

I. By August 1, 2003, and annually thereafter, each school district shall report data to the department of education, at the school and district levels for the previous school year, on the following indicators, provided that the department shall develop a reasonable schedule to phase-in the reporting of data that is not being collected systematically during school year 2002-2003:

(a) Numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, economically disadvantaged pupils, and pupils of major racial and ethnic groups.

(c) Performance on statewide tests administered pursuant to RSA 193-C:3, IV(i) including the percentage of pupils reading at grade level on the reading component of the grade 3 statewide educational assessment.

(d) Percentage of graduating pupils going on to post-secondary education and military service.

II. The department of education, with the approval of the legislative oversight committee established in RSA 193-C:7, may implement and report data on any additional indicators deemed relevant to the purposes of this section.

III. In order to reduce school districts' administrative time and costs, the department of education shall develop and utilize user-friendly, computer forms and programs to collect the data set forth in paragraph I and all enrollment and cost data related to determining the cost of an adequate education.

IV.(a) Not later than December 1, 2003, and annually thereafter, the department of education shall issue a public report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall be entitled "New Hampshire School District Profiles" and shall be made available at every school administrative unit for public review. It shall include demographic and pupil performance data reported in paragraph I and other relevant statistics as determined by the department of education. Comparisons with state averages shall be provided for all data reported. Comparisons of each district and school to itself based on its own performance for the prior school year and its most recent 3-year rolling averages shall be provided. Statewide rankings of each district and school shall be provided, including a statewide ranking of each school and school district based on the percentage increase of improvement as compared with the same school district's performance in the previous year. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school district with the identification of trends, strengths, and weaknesses and the development of its local school education improvement plan.

(b) A school or school district designated as in need of improvement under this paragraph shall have 30 days from the date of the report to appeal such designation to the commissioner of the department of education.

V. The department of education shall promote school improvement through annual recognition as deemed appropriate.

3 New Chapter; School Performance and Accountability. Amend RSA by inserting after chapter 193-F the following new chapter:

III. "Highly qualified teacher" means a person who is certified by the department of education and who has demonstrated, through a process approved by the department of education, teaching skills in the core subjects of instruction.

IV. "Statewide assessment" means the New Hampshire education improvement and assessment program as established under RSA 193-C.

I. On or before the 2013-2014 school year, schools shall ensure that all pupils are performing at the basic level or above on the statewide assessment as established in RSA 193-C.

II. In addition to the requirements of paragraph I, schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in rules adopted by the state board of education pursuant to RSA 541-A.

III. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules adopted by the state board of education pursuant to RSA 541-A, relative to the statewide assessment.

IV. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules adopted by the state board of education pursuant to RSA 541-A, relative to attendance rate.

V. Schools shall meet statewide performance targets as approved by the legislative oversight committee established in RSA 193-C and thereafter, established in the rules adopted by the state board of education pursuant to RSA 541-A, relative to the percentage of pupils who graduate with a regular diploma from an approved high school.

VI. Notwithstanding RSA 541-A, the state board of education shall receive approval from the legislative oversight committee established in RSA 193-C prior to the submission of any rules to the joint legislative committee on administrative rules relative to statewide performance targets required under this section.

I. The commissioner shall annually compile and disseminate to the governor and council, the president of the senate, the speaker of the house, local school boards, superintendents of schools, the public, and shall make available on the department website, a list of schools that are not meeting the statewide performance targets established in RSA 193-G:2.

II. A school or school district designated by the commissioner as not meeting statewide performance targets shall have 30 days from the date of the report to appeal such designation to the state board of education.

I.(a) A school or school district shall have one year from the date that a school or school district has been designated as in need of improvement pursuant to RSA 193-G:3 to remedy identified problems at the local level. The school or school district shall create a plan that identifies actions that it intends to take to correct the areas of concern. This plan shall be submitted to the state board within 90 days of the date that the school or school district was designated as in need of improvement. If the plan does not sufficiently address the areas of concern, the state board shall disapprove the plan within 30 days. If the state board disapproves the plan, the state board's designee shall work with the school or school district to amend the plan so that it meets state board approval. One year following the designation, if the school or school district is not making satisfactory progress in implementing its plan, the commissioner of education shall issue a notice to the school or school district and shall initiate a process for providing assistance pursuant to paragraph II; or

(b) If a school or school district has been designated as in need of improvement, then the school or school district may request assistance from the department of education. The department shall provide technical assistance to those schools that request assistance under this section.

(c) On or before the one year anniversary of being designated as a school or school district in need of improvement, the commissioner shall designate a progress review team to evaluate the implementation of the improvement plans and the progress toward state performance targets. The progress review team shall deliver a report to the state board. This report shall include evidence of satisfactory implementation and progress towards state performance targets or lack thereof and recommendations regarding future actions pursuant to II(b).

II. The department of education and the state board of education shall work cooperatively with the school or school district to provide assistance as follows:

(a) Within 30 days of a school district's request for assistance pursuant to paragraph I(b), the commissioner of education may appoint a peer review team to review the educational programming and effectiveness of the school or school district. In cooperation with local officials, the team shall prepare and present a report at a regularly scheduled public meeting of the local school board and to the state board. This report shall be issued within 30 days of the team's appointment. Based on this report, the school or school district and superintendent shall, within 90 days of the issuance of the report, prepare a corrective action plan and submit it to the state board for approval. If the plan is not approved, the school or school district may revise the plan and resubmit it to the state board. The school or school district may decide to implement the corrective action plan on its own, through the use of a technical assistance advisor, or through the use of a peer review team. Any such decision shall be included in the corrective action plan.

(b) If the state board does not approve a corrective action plan in accordance with paragraphs I(a) or II(a), or upon the state board's adoption of a progress review team recommendations, the commissioner of education shall work with the school or school district to revise the corrective action plan. If the school or school district does not revise the corrective action plan within 60 days or the state board does not approve the revised corrective action plan, then the commissioner of education shall submit in a timely manner a corrective action plan, including methods for implementing it, to the state board for approval. The state board shall direct the school board to implement the plan pursuant to RSA 186:5.

(a) Identify the area in which the school failed to meet the annual statewide performance targets established under RSA 193-G:2.

(b) Identify and describe the strategy the school intends to implement to improve its performance.

(d) Detail how the school district budget reflects the goals of the local education improvement plan.

IV. In addition to the provisions of subparagraph I(b), each plan may include the following elements:

(a) The school's curriculum including curricular priorities and instructional materials.

(b) Instructional models that incorporate research-based practices that have been proven to be effective in improving student achievement.

(e) Structural reform strategies that may include schedule, organization, support mechanisms, and resources.

(h) External support and resources based on their effectiveness and alignment with school improvement plan.

193-G:5 Powers of the Department of Education. Nothing in this chapter 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.

4 New Subparagraphs; Statewide Education Improvement and Assessment Program; Program Goals Amended. Amend RSA 193-C:3, IV by inserting after subparagraph (h) the following new subparagraphs:

(i) At the end of grade 3, to determine if pupils are reading at grade level on a standardized reading test to be developed by the department as part of a statewide assessment system.

(j) At the school, district, and state levels, to provide performance reports on specific subgroups of pupils as required by federal law.

5 Statewide Education Improvement and Assessment; Duties of the Legislative Oversight Committee. RSA 193-C:8-9 are repealed and reenacted to read as follows:

I. Review the development and implementation of the school performance and accountability program set forth in RSA 193-G to ensure compliance with state and federal law. Implementation of the program shall be in conjunction with the committee's review.

II. Review the provisions of RSA 193-G and submit a report of such review annually to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees.

III. Propose legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter and under RSA 193-G, including any changes necessitated by federal law.

IV. Confer with the commissioner and the state board of education to identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability.

V. Analyze existing department of education programs and initiatives which support improved school performance and accountability.

VI. Receive reports from the commissioner regarding the status of public education in New Hampshire, updates on the improvement made by local school districts toward achieving satisfactory progress in statewide student performance under RSA 193-G:2 and status reports on the on-going issues and implications of school accountability at the state and federal level. Reports by the commissioner shall occur at least once annually or more frequently as needed, as determined by the committee and the commissioner.

VII. Review and approve statewide performance targets required under RSA 193-G:2 developed by the department of education and recommended to the legislative oversight committee by the state board of education.

VIII. Receive reports from the state board of education including rules recommended by the department to be adopted by the state board of education under RSA 541-A relative to statewide performance targets required under RSA 193-G:2. The legislative oversight committee shall propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make.

193-C:9 The department of education is authorized to use any amounts appropriated for any of the following purposes:

(b) To collect, analyze, and report the demographic and educational improvement data.

(d) To provide grants as available to school districts for local school improvement.

(e) To provide a system of annual recognition to identify best practices and promote school improvement.

II. The priority for the use of any funds under this section shall be given to lower-performing schools.

II. Section 7 of this act, relative to the department of education investigation of gains-based testing.

7 Department of Education; Gains-Based Testing. The commissioner of the department of education shall investigate the feasibility of gains-based testing in meeting the needs of a statewide testing program. The commissioner shall report all findings and recommendations to the house and senate education committees no later than November 1 of each year.

8 New Program Appropriation Unit; Department of Education; School Accountability. Amend HB 1-A of the 2003 legislative session by inserting after PAU 06, 03, 02, 02, 04 the following:

9 Department of Education; Drug Free Schools; Class Line 93 Amended. Amend PAU 06, 03, 03, 01, 05, 93 of HB 1-A of the 2003 legislative session by making the following changes and changing subtotals and totals as hereinafter specified to reflect the following changes:

10 Purpose. The federal No Child Left Behind Act (NCLBA) of 2001 (H.R. 1) directs those states that participate in it to make many meritorious improvements in their system of public education. Furthermore, contrary to state experience with other federal laws, NCLBA was enacted as a fully-funded federal law as directed by federal Public Law 104-4 of 1995 and section 9527 of NCLBA which curb the practice of imposing unfunded federal mandates on states and local governments. Therefore, the general court hereby directs that general funds not be expended on the NCLBA and that school districts also prohibited from such expenditures.

11 New Subdivision; State Compliance with the No Child Left Behind Act of 2001; General Funds Prohibited. Amend RSA 21-N by inserting after section 11 the following new subdivision:

21-N:12 Compliance with No Child Left Behind. Notwithstanding any provision of law to the contrary:

I. No general funds of the state or any of its political subdivisions shall be appropriated, expended, or encumbered to implement the federal No Child Left Behind Act of 2001 (NCLBA).

II. A school district or other political subdivision may, upon a majority vote of its legislative body, be exempt from all state administrative rules or regulations of any kind, adopted for the purpose of implementing NCLBA if the cost of compliance with such rules or regulations is not fully covered by the additional federal funds received by the school district or other political subdivision.

III. The state board of education and the commissioner of the department of education are hereby prohibited from adopting any new administrative rules or regulations, or amending existing administrative rules or regulations for the purpose of complying with NCLBA until 60 days after the submission of a written report detailing such new or amended rules or regulations to the house and senate education committees.

IV. No additional costs incurred by the state or any of its political subdivisions in implementing NCLBA shall be included in calculating the cost of an adequate education pursuant to RSA 198:40.

12 New Paragraph; Adequate Public Education; Statewide Testing. Amend RSA 193-E:3 by inserting after paragraph II the following new paragraph:

III. The results of any statewide testing required under the No Child Left Behind Act of 2001 shall be ranked by the commissioner of the department of education by individual school and grade level performance. The rankings shall be made available to the public arranged by numerical rank order and alphabetical order no later than 30 days after the results are available to the commissioner of the department of education. No test shall be ranked until the commissioner of the department of education submits to the house and senate education committees a written explanation of the ranking methodology to be used.

13 Report. No later than January 1 of each year, the commissioner of the department of education shall submit to the house and senate education and finance committees a statement of expenditures by the state and by school districts necessitated by the No Child Left Behind Act of 2001 in the immediately prior fiscal year, and the sources of funding used for such expenses.

14 Severability. If any provision of sections 10-13 of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

15 Contingency. If HB 1-A of the 2003 legislative session is enacted into law, sections 8-9 of this act shall take effect July 1, 2003 at 12:01 a.m. If HB 1-A of the 2003 legislative session is not enacted into law, sections 8-9 of this act shall not take effect.

II. Section 8-9 of this act shall take effect as provided in section 15 of this act.

The Department of Education indicates this bill, as amended by the Senate (Senate Amendment #2003-1257s), will increase state general fund expenditures by $709,238 in FY 2004 and $709,450 in FY 2005 and state restricted expenditures by $776,476 in FY 2004 and $776,900 in FY 2005. Local revenue will increase by $1,100,000 in FY 2004 and $1,100,000 in FY 2005. There will be no fiscal impact to state and county revenue or county and local expenditures.

· The cost of the third grade reading test is assumed to cost one quarter of the current third grade language arts assessment test or about $100,000. It will be paid with general funds.

· The cost of school improvement will be $1.1 million, with $600,000 from federal funds and the difference, $500,000, from general funds. These funds will be paid to school districts.

· Awards banquets for schools that meet or exceed their goals will cost $100,000, half with federal funds and half with general funds.

· This bill will require the Department to hire three additional Education Consultants. Two will be paid 50% with general funds and 50% federal funds, and the third with 100% federal funds.

Expenditures are shown below:

FY 2004 FY 2005

General Funds

Reading Assessment $ 100,000 $ 100,000

School Improvement 500,000 500,000

Awards Banquet 50,000 50,000

Personnel:

Salary (1 position) 41,165 43,223

Benefits @ 37% 13,073 13,727

Current Expenses 5,000 2,500

Total General Funds $ 709,238 $ 709,450

Federal Funds

Reading Assessment $ 0 $ 0

School Improvement 600,000 600,000

Awards Banquet 50,000 50,000

Disaggregated Data 8,000 8,000

Personnel (2 positions):

Salary 82,330 86,447

Benefits @ 37% 26,146 27,453

Current Expenses 10,000 5,000

Total Federal Funds $ 776,476 $ 776,900

Total Funds $1,485,714 $1,486,350

The Department indicates it cannot estimate the impact of this bill beyond FY 2005.