HB 581-FN - AS INTRODUCED

2015 SESSION

15-0789

04/10

HOUSE BILL 581-FN

AN ACT requiring schools to continue the education of a child during the child’s suspension or expulsion.

SPONSORS: Rep. Gile, Merr 27; Rep. Boehm, Hills 20; Rep. Shaw, Hills 16; Rep. Myler, Merr 10; Rep. P. Long, Hills 10; Rep. Gargasz, Hills 27; Sen. Feltes, Dist 15

COMMITTEE: Education

ANALYSIS

This bill requires a school district to continue the education of a child who has been suspended or expelled from school.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0789

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT requiring schools to continue the education of a child during the child’s suspension or expulsion.

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

1 School Attendance; Suspension or Expulsion of Pupils. Amend RSA 193:13, II to read as follows:

II. Any pupil may be expelled from school by the local school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall not attend school until restored by the local board. Any expulsion shall be subject to review if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board to the state board of education. [Any expulsion shall be valid throughout the school districts of the state.]

2 New Paragraph; School Attendance; Suspension or Expulsion of Pupils. Amend RSA 193:13 by inserting after paragraph VII the following new paragraph:

VIII. A school district shall continue the education of a child who has been suspended or expelled from school, in a manner to be chosen by the school district.

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

LBAO

15-0789

01/26/15

HB 581-FN - FISCAL NOTE

AN ACT requiring schools to continue the education of a child during the child’s suspension or expulsion.

FISCAL IMPACT:

The Department of Education states this bill, as introduced, will increase state education trust fund expenditures and local revenue by $43,302 in FY 2016, $44,427 in FY 2017, $45,583 in FY 2018, and $46,768 in FY 2019, and increase local expenditures by $6,700,098 in FY 2016, $6,874,301 in FY 2017, $7,053,032 in FY 2018 and $7,236,411 in FY 2019. There will be no fiscal impact on state and county revenue, or county expenditures.

METHODOLOGY:

The Department of Education states this bill requires school districts to continue the education of a child who has been suspended or expelled from school, in a manner to be chosen by the school district. The Department states approximately 21 students were reported as expelled during the 2013-2014 school year noting 5 of these students were re-enrolled before the end of the school year. Assuming students were expelled, on average, half way through the school year the Department estimated the fiscal impact of this bill using a full year count of 10 students. Similarly, the Department reports out of school suspension for the 2013 – 2014 school year was reported at 50,711 school days. Assuming an average school year of 180 days, the Department estimated the fiscal impact of this bill based on an average daily membership (ADM) of 282 students (50,711/180 days). The Department states the passage of this bill would result in expelled students remaining in a school districts ADM during their period of expulsion. This would result in those students continuing to be included in the calculation of adequacy aid payments during the period of expulsion. Based on an average adequacy aid per student of $4,220.43 in FY 2015; providing for an annual increase of 2.6% per year, and assuming suspension days are included continuously in ADM counts, the Department estimates the proposed legislation would increase state adequacy aid and local revenue as follows:

The Department assumes passage of the proposed legislation would require school districts to send expelled students to private schools at an average cost of $18,531 per year, and provide private tutors to those students suspended at an estimated cost of $22,500 per calculated ADM (average cost of $25 per hour at 5 hours per day for 180 days per ADM). Providing for an annual increase in these costs of 2.6% per year, the Department estimates the proposed legislation will increase local expenditures as follows:

	FY 2016	FY 2017	FY 2018	FY 2019
Average Cost of Private Schools	$19,013	$19,507	$20,014	$20,535
Number of Expelled Students	10	10	10	10
Subtotal – Expelled Students	$190,128	$195,071	$200,143	$205,347
Average Cost of Private Tutors	$23,085	$23,685	$24,301	$24,933
ADM of Suspended Students	282	282	282	282
Subtotal – Suspended Students	$6,509,970	$6,679,229	$ 6,852,889	$7,031,064
Increase in Local Expenditures	$6,700,098	$6,874,301	$7,053,032	$7,236,411