New Hampshire 2025 Regular Session

New Hampshire House Bill HB771 Compare Versions

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Old	New	Differences
1	1	HB 771-FN - AS INTRODUCED
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7	7	2025 SESSION
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9	9	25-0788
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11	11	07/02
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15	15	HOUSE BILL771-FN
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19	19	AN ACTrelative to funding for open enrollment schools.
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23	23	SPONSORS:Rep. Peternel, Carr. 6; Rep. Ladd, Graf. 5; Rep. Terry, Belk. 7; Rep. Verville, Rock. 2; Sen. Rochefort, Dist 1
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27	27	COMMITTEE:Education Funding
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35	35	ANALYSIS
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39	39	This bill:
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43	43	I. Changes how funding for open enrollment schools is sent and received.
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47	47	II. Requires school districts to establish a line item in their operating budgets that reflects expenditures for open enrollment tuition costs.
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55	55	Explanation:Matter added to current law appears in bold italics.
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57	57	Matter removed from current law appears [in brackets and struckthrough.]
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59	59	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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61	61	25-0788
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63	63	07/02
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67	67	STATE OF NEW HAMPSHIRE
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71	71	In the Year of Our Lord Two Thousand Twenty Five
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75	75	AN ACTrelative to funding for open enrollment schools.
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79	79	Be it Enacted by the Senate and House of Representatives in General Court convened:
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83	83	1 Education; Open Enrollment Schools; Definitions. Amend RSA 194-D:1, I to read as follows:
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85	85	I. "Open enrollment public school", [or] "open enrollment school", or "open enrollment program" means any public school which, in addition to providing educational services to pupils residing within its attendance area or district, chooses to accept pupils from other attendance areas within its district and from outside its district.
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87	87	2 Education; Open Enrollment Schools; Funding. Amend RSA 194-D:5 to read as follows:
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89	89	194-D:5 Funding.
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91	91	I. There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district. For an open enrollment school authorized by a receiving [the] school district, the pupil's sending [resident] district shall pay the receiving district [to such school] an amount equal to not less than 80 percent of the sending [that] district's average cost per pupil as determined by the department of education using the most recent available data as reported by the sending district to the department.
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93	93	II. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.
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95	95	[III. Any federal or other funding available in any year to a sending district shall, to the extent and in a manner acceptable to the funding source, be directed to an open enrollment school in a receiving district on an eligible per pupil basis.]
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97	97	III. [IV.] The commissioner of the department of education shall apply for all federal funding available to open enrollment schools [under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act,] or other federal [source] sources of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.
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99	99	IV. [V.] A sending district may provide funds, services, equipment, materials, or personnel to an open enrollment school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.
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101	101	V. [VI.] An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.
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103	103	VI. [VII.] An open enrollment school may receive financial aid, private gifts, grants, or revenue as if it were a school district.
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105	105	3 Education; Open Enrollment Schools; Budgets. Amend RSA 194-D:6 to read as follows:
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107	107	194-D:6 Budgets. Each school district shall establish a line item in their operating budget, on an annual basis, reflecting estimated expenditures for open enrollment school tuition [That portion of a school district's estimated expenditures on open enrollment school tuition shall be shown as a separate line item in a school district's budget].
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109	109	4 Effective Date. This act shall take effect 60 days after its passage.
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113	113	LBA
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115	115	25-0788
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117	117	Revised 1/27/25
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121	121	HB 771-FN- FISCAL NOTE
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123	123	AS INTRODUCED
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127	127	AN ACTrelative to funding for open enrollment schools.
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131	131	FISCAL IMPACT:
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134	134	Estimated State Impact
135	135	FY 2025 FY 2026 FY 2027 FY 2028
136	136	Revenue $0 $0 $0 $0
137	137	Revenue Fund(s) None
138	138	Expenditures* $0 Indeterminable
139	139	Funding Source(s) General Fund and Education Trust Fund
140	140	Appropriations* $0 $0 $0 $0
141	141	Funding Source(s) None
142	142	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
143	143	Estimated Political Subdivision Impact
144	144	FY 2025 FY 2026 FY 2027 FY 2028
145	145	Local Revenue $0 Indeterminable
146	146	Local Expenditures $0 Indeterminable
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152	152	Estimated State Impact
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156	156	FY 2025
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158	158	FY 2026
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160	160	FY 2027
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162	162	FY 2028
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164	164	Revenue
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166	166	$0
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168	168	$0
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170	170	$0
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172	172	$0
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174	174	Revenue Fund(s)
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176	176	None
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178	178	Expenditures*
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180	180	$0
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182	182	Indeterminable
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184	184	Funding Source(s)
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186	186	General Fund and Education Trust Fund
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188	188	Appropriations*
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190	190	$0
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192	192	$0
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194	194	$0
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196	196	$0
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198	198	Funding Source(s)
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200	200	None
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202	202	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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206	206	Estimated Political Subdivision Impact
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210	210	FY 2025
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212	212	FY 2026
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214	214	FY 2027
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216	216	FY 2028
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218	218	Local Revenue
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220	220	$0
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222	222	Indeterminable
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224	224	Local Expenditures
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226	226	$0
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228	228	Indeterminable
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232	232	METHODOLOGY:
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234	234	This bill allows for open enrollments programs in addition to open enrollment schools, further specifies the funding mechanisms between two school districts, and requires a school district to budget for open enrollment schools. Currently, the Department of Education is aware of one (1) locally approved and active open enrollment school in the state and states it is unknown if this bill would increase the availability and student participation in open-enrollment schools over current law. To the extent this bill results in more participation, any currently enrolled district student switching to an open enrollment school is assumed to have a net neutral fiscal impact to the state and local district. However, the Department states it will create a downward pressure on the cost per pupil of education as the resident district will retain 20% of the district average cost per pupil with no educational responsibility for that student and the receiving district will agree to educate the student for only 80% of the average cost per pupil. Any student not currently enrolled in a publicly funded educational pathway and moves into an open enrollment school or program, could result in a potential increase to state adequacy expenditures and local school district expenditures. Ultimately, this bill’s impact on state aid expenditures, and local school district revenue and expenditures, is indeterminable.
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238	238	AGENCIES CONTACTED:
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240	240	Department of Education