SB 147-FN - AS INTRODUCED
2021 SESSION
21-0933
06/10
SENATE BILL 147-FN
AN ACT adopting omnibus legislation relative to student aid, the central registry,
transportation of students, and special education costs.
SPONSORS: Sen. Kahn, Dist. 10
COMMITTEE: Education
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ANALYSIS
This bill adopts legislation relative to:
I. Applications for federal student aid.
II. The central registry.
III. The transportation of pupils.
IV. Mitigation of special education costs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
SB 147-FN - AS INTRODUCED
21-0933
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to student aid, the central registry,
transportation of students, and special education costs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I. LSR 21-0933, relative to filing an application for federal student aid, sponsored by
3 Sen.Kahn, Prime/Dist. 10; Sen. Prentiss, Dist. 5.
4 Part II. LSR 21-0951, relative to a central registry in the department of education to maintain
5 records of founded reports of abuse and neglect, sponsored by Sen.Ward, Prime/Dist. 8.
6 Part III. LSR 21-1019, relative to the transportation of pupils in a contract carrier, sponsored by
7 Sen. Kahn, Prime/Dist.10; Sen.Watters, Dist. 4; Sen. Prentiss, Dist. 5.
8 Part IV. LSR 21-0836, relative to additional state aid for special education for certain
9 communities of 1,000 or fewer residents, sponsored by Sen. Bradley, Prime/Dist.3, Sen. Watters,
10 Dist. 4; Sen.Giuda, Dist. 2; Sen. Hennessey, Dist. 1; Rep. Burroughs, Carr. 1.
11 2 Legislation Enacted. The general court hereby enacts the following legislation:
12
13 PART I
14 Relative to filing an application for federal student aid.
15 1 New Section; Graduation Requirements; Free Application for Federal Student Aid. Amend
16 RSA 193 by inserting after section 26 the following new section:
17 193:26-a Graduation Requirements; Free Application for Federal Student Aid.
18 I. Beginning with the 2022-2023 school year, each student who is at least 18 years of age or
19 legally emancipated, who is otherwise eligible to graduate from high school, or the parent of such a
20 student who is under the age of 18 years, as a prerequisite to receiving a high school diploma from a
21 public high school, shall either:
22 (a) File a Free Application for Federal Student Aid with the United States Department
23 of Education; or
24 (b) File a waiver on a form created by the state board of education with the student's
25 school district indicating that the parent or guardian or, if applicable, the student, understands what
26 the Free Application for Federal Student Aid is and has chosen not to file an application
27 II. Each school district with a high school shall provide to each high school student and, if
28 applicable, his or her parent or guardian, any support or assistance necessary to comply with
29 paragraph I. A school district shall award a high school diploma to a student who is unable to meet
30 the requirements of paragraph I due to extenuating circumstances, as determined by the school
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1 district, if the student has met all other graduation requirements and the principal attests that the
2 school district has made a good faith effort to assist the student or, if applicable, his or her parent or
3 guardian in filing an application or a waiver.
4 2 New Paragraph; State Board of Education; Rulemaking Authority. Amend RSA 186:8 by
5 inserting after paragraph VIII the following new paragraph:
6 IX. Implementing the provisions of RSA 193:26-a.
7 3 Effective Date. Part I of this act shall take effect upon its passage.
8
9 PART II
10 Relative to a central registry in the department of education to maintain records of founded reports
11 of abuse and neglect.
12 1 Department of Education; Rulemaking. Amend RSA 21-N:9, II(s) to read as follows:
13 (s) License standards for educational personnel, to include the establishment and
14 implementation of a secure system for conducting criminal background checks pursuant to RSA
15 189:13-a for all first-time applicants listed in this section, the establishment and implementation
16 of a secure system for reviewing the central registry pursuant to RSA 169-C:35, and educator
17 certification fees for granting licenses to educational personnel, including teachers,
18 paraprofessionals, superintendents, assistant superintendents, special education administrators,
19 business administrators, principals, vocational directors, coordinators of comprehensive health
20 education and services, directors of pupil personnel services, guidance directors, guidance
21 counselors, school psychologists, associate school psychologists, speech-language specialists, social
22 workers, health educators, physical education teachers, consumer and family science teachers,
23 elementary teachers, specialists in assessment of intellectual functioning, school bus drivers and
24 transportation monitors, media supervisors, media generalists, and master teachers as authorized
25 by RSA 186:8 and RSA 186:11, X, professional licenses including beginning educator licenses,
26 experienced educator licenses, and intern authorizations, and other classifications of educators,
27 administrators, specialists, and paraprofessionals necessary to address educational needs as
28 determined by the state board upon the recommendation of the professional standards board
29 pursuant to RSA 186:60.
30 2 Reporting; Central Registry. Amend RSA 169-C:35, I to read as follows:
31 I. There shall be established a state registry for the purpose of maintaining a record of
32 founded reports of abuse and neglect. The registry shall be confidential and subject to rules on
33 access established by the commissioner of the department under RSA 541-A. The commissioner of
34 the department shall allow the credentialing bureau of the department of education access
35 to the names of all individuals on the registry for abuse for purposes of RSA 21-N:9, II(s).
36 3 Effective Date. Part II of this act shall take effect 60 days after its passage.
37
SB 147-FN - AS INTRODUCED
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1 PART III
2 Relative to the transportation of pupils in a contract carrier.
3 1 New Section; Pupils Transported in a Contract Carrier. Amend RSA 189 by inserting after
4 section 6-d the following new section:
5 189:6-e Pupils Transported in a Contract Carrier.
6 I. A school district may contract with a contract carrier of passengers, as defined by RSA
7 376:2, VII, to transport pupils to or from school activities. The motor vehicle used by the contract
8 carrier of passengers shall bear a valid state inspection sticker, comply with applicable provisions of
9 RSA 376, and be operated by a driver who holds a valid driver's license to operate that vehicle.
10 II. In this section, "school activities" shall include, but is not limited to, sporting events,
11 intramural events, events associated with student clubs or organizations, job training programs,
12 field trips, and special education transition services. "School activities" shall not include
13 transportation between home and school.
14 2 Effective Date. Part III of this act shall take effect 60 days after its passage.
15
16 PART IV
17 Relative to additional state aid for special education for certain communities of 1,000 or fewer
18 residents.
19 1 Special Education; State Aid. Amend RSA 186-C:18, III(a) to read as follows:
20 III.(a) The state board of education through the commissioner, department of education,
21 shall distribute aid available under this paragraph as entitlement to such school districts as have a
22 special education pupil for whose costs they are responsible, for whom the costs of special education
23 in the fiscal year exceed 31/2 times the estimated state average expenditure per pupil for the school
24 year preceding the year of distribution. If in any year, the amount appropriated for distribution as
25 special education aid in accordance with this section is insufficient therefor, the appropriation shall
26 be prorated proportionally based on entitlement among the districts entitled to a grant. If there are
27 unexpended funds appropriated under this paragraph at the end of any fiscal year, such funds shall
28 be distributed for court-ordered placements under RSA 186-C:19-b. The state may designate up to
29 $250,000 of the funds which are appropriated as required by this paragraph, for each fiscal year, to
30 assist those school districts which, under guidelines established by rules of the state board of
31 education, may qualify for emergency assistance for special education costs. The state may
32 designate an additional $250,000 of the funds which are appropriated under this
33 paragraph for each fiscal year for any community of 1,000 or fewer residents to mitigate
34 the impact of special education costs when emergency assistance is necessary to prevent
35 significant financial harm to such community. Upon application to the commissioner of
36 education, and approval by the commissioner, such funds may be accepted and expended by school
37 districts in accordance with this chapter; provided, however, that if a school district has received
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1 emergency assistance funds for certain children with disabilities, it shall not receive special
2 education aid for those same children with disabilities. If any of the funds designated for emergency
3 assistance under this paragraph are not used for such emergency assistance purposes, the funds
4 shall be used to assist school districts in meeting special education cost increases in their special
5 education programs as provided by this paragraph.
6 2 Effective Date. Part IV of this act shall take effect 60 days after its passage.
LBA
21-0933
Revised 3/2/21
SB 147-FN- FISCAL NOTE
AS INTRODUCED
AN ACT adopting omnibus legislation relative to student aid, the central registry,
transportation of students, and special education costs.
FISCAL IMPACT:
The Department of Education states it would incur no fiscal impact from this bill (all parts).
Part II of this bill, relative to a central registry in the department of education to maintain
records of founded reports of abuse and neglect, may result in an impact to the Department of
Health and Human Services. The Office of Legislative Budget Assistant is awaiting
information from the Department.
AGENCIES CONTACTED:
Department of Education and Department of Health and Human Services
Statutes affected: Introduced: 186:8, 21-N:9, 169-C:35, 186-C:18
latest version: 186:8, 193-E:3, 21-N:9, 169-C:35, 186-C:18, 5-B:3