AN ACT relative to the administration of the education freedom accounts program.


SPONSORS: Rep. Layon, Rock. 6; Rep. Nunez, Hills. 37; Rep. Moffett, Merr. 9; Rep. A. Lekas, Hills. 37


COMMITTEE: Education






This bill clarifies certain provisions of the education freedom accounts program and the responsibilities of scholarship organizations and public schools.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty Two


AN ACT relative to the administration of the education freedom accounts program.


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



1  Application.  Amend RSA 194-F:3, III(d) to read as follows:

(d)  The parent signs an agreement with the scholarship organization:

(1)  To provide an education for the eligible student in the core knowledge domains that include science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music.  Provided that:

(A)  Education providers are not required to change their course or scope of study to fulfill these requirements, and

(B)  Responsibility remains with the parent to meet these requirements for all students participating in the EFA program.

(2)  Not to enroll the eligible student as a full-time student in their resident district public school while participating in the EFA program.

(3)  To provide an annual record of educational attainment by:

(A)  Having the student take a nationally-standardized, norm-referenced achievement test and to provide the results to the scholarship organization by the end of each school year which the scholarship organization shall make available to the department as aggregate scores; or

(B)  Having the student take the statewide student assessment test pursuant to RSA 193-C:6; or

(C)  Maintaining a portfolio including, but not limited to, a log which designates by title the reading materials used; samples of writings, worksheets, workbooks, or creative materials used or developed by the student.  The parent shall have a certified teacher or a teacher currently teaching in a nonpublic school, who is selected by the parent, evaluate the student's educational progress upon review of a portfolio and discussion with the parent or student.  The parent shall provide only the evaluation document to the scholarship organization to satisfy this requirement and the scholarship organization shall protect the privacy of the student and evaluator.

(4)  To use the funds in the EFA only for qualifying expenses to educate the eligible student as established by the EFA program.

(5)  To comply with the rules and requirements of the EFA program.

2  Education Freedom Account Funding; Compulsory Attendance.  Amend the introductory paragraph of RSA 194-F:3, VI to read as follows:

VI.  Upon notice to the scholarship organization, an EFA student may choose to stop receiving EFA funding and [enroll full-time in a public school] otherwise satisfy the requirements of RSA 193:1.

3  Responsibilities of Public Schools.  Amend RSA 194-F:8 to read as follows:

194-F:8  Responsibilities of Public Schools and School Districts.  

I.  A public school, or school district, that previously enrolled an EFA student shall provide a private school that is also an education service provider and that has enrolled an EFA student with a complete copy of the [ESA] EFA student’s school records, in a timely manner, while complying with 20 U.S.C. section 1232g, the Family Educational Rights and Privacy Act of 1974.

II.  A public school shall not deny enrollment to any child assigned to attend by their address.

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