TITLE XV
EDUCATION

CHAPTER 198
SCHOOL MONEY

Adequate Education; Education Trust Fund

Section 198:38

    198:38 Definitions. –
In this subdivision:
I. (a) "Average daily membership in attendance" or "ADMA" means the average daily membership in attendance, as defined in RSA 189:1-d, III, of pupils in kindergarten through grade 12, in the determination year. ADMA shall only include pupils who are legal residents of New Hampshire pursuant to RSA 193:12 and educated at school district expense which may include public academies or out-of-district placements. For the purpose of calculating funding for municipalities, the ADMA shall not include pupils attending chartered public schools, but shall include pupils attending a charter conversion school approved by the school district in which the pupil resides.
(b) For the purpose of calculating ADMA, each pupil who is home educated in compliance with RSA 193-A and who is enrolled in a school board approved public high school academic course shall count as an additional 0.15 pupil for each such academic course taken in a public high school. The department of education shall only make grant payments for such pupils to the extent of available appropriations. In this subparagraph, "public high school" shall have the same meaning as "high school" as defined in RSA 194:23.
II. "Commissioner" means the commissioner of the department of education.
III. "Department" means the department of education.
IV. "Determination year" means the school year immediately preceding the school year for which aid is determined. Unless otherwise indicated, determination year data shall be used to calculate aid.
V. "Pupil receiving special education services" means the ADMA of a child with a disability as defined in RSA 186-C:2, I.
VI. "English language learner" means the ADMA of a pupil who has a predominant language other than English or who is educationally disadvantaged by a limited English proficiency, and who participated in the annual assessment of English language proficiency required of such pupils by the Elementary and Secondary Education Act, 20 U.S.C. section 6311 (b)(7).
VI-a. "Municipality" means a city, town, or unincorporated place.
VII. "Pupils eligible for a free or reduced-price meal" means the ADMA of pupils in kindergarten through grade 12 who are eligible for the federal free or reduced-price meal program. No pupil or school shall be required to participate in the federal free or reduced price meal program.
VIII. "School district" means school district as defined in RSA 194:1 and shall include cooperative school districts as defined in RSA 195:1, I.

Source. 1999, 17:41; 65:1; 281:12. 2002, 260:1. 2003, 241:3, 6. 2004, 200:3. 2005, 257:5. 2006, 191:3, eff. July 29, 2006. 2008, 173:4, eff. July 1, 2009. 2011, 258:10, eff. July 1, 2011. 2012, 198:1, 2, eff. July 1, 2012. 2015, 251:1, eff. Sept. 11, 2015. 2016, 8:1, eff. Mar. 16, 2016. 2019, 346:232, eff. July 1, 2019 at 12:01 a.m.