AN ACT relative to education freedom accounts.


SPONSORS: Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Daniels, Dist 11; Sen. Ward, Dist 8; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Morse, Dist 22; Rep. Cordelli, Carr. 4; Rep. Ladd, Graf. 4


COMMITTEE: Education






This bill establishes the education freedom account program which permits the treasurer to transfer adequate education grants, plus any differentiated aid that would have been provided to a public school, to a scholarship organization for disbursement to parents to be used for certain educational purposes.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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


AN ACT relative to education freedom accounts.


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


1  Title.  This act shall be known as the    Education Freedom Account Act    or    EFA Act.    The program created by it shall be known as the    Education Freedom Account Program    or    EFA Program.   

2  New Chapter; Education Freedom Accounts.  Amend RSA by inserting after chapter 194-D the following new chapter:



194-E:1  Definitions.  In this chapter:

I.     Adequate education grant    means the grant calculated under RSA 198:41.

II.     Curriculum    means the lessons and academic content taught in a specific course, program, or grade level.

III.     Department    means the department of education.

IV.  "Education freedom account    or    EFA    means the account to which funds are allocated by the scholarship organization to the parent of an EFA student in order to pay for qualifying education expenses to educate the EFA student under this chapter.

V.     Education service provider    means a person or organization that receives payments from education freedom accounts to provide educational goods and services to EFA students.

VI.     Eligible student    means a resident of this state who is eligible to enroll in a public elementary or secondary school including but not limited to;

(a)  A student currently attending a New Hampshire school that is remote or hybrid.

(b)  A student currently assigned to a New Hampshire public school with assessment proficiency below 40 percent.

(c)  A student currently attending a New Hampshire public school, including a chartered public school or nonpublic school.

(d)  A kindergarten or first grade student.

(e)  A sibling of a student with an education freedom account.  

VII.     EFA student    means an eligible student who is participating in the EFA program.

VIII.     Full-time    means more than 50 percent of instructional time.

IX.     Remote or hybrid    shall mean any public school that is not providing instruction in-person where the student or the educator are both not physically present in the traditional classroom due to full-time or part-time classroom closure.

X.     Parent    means a biological or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an EFA student.

XI.     Program    means the education freedom account program established in this chapter.

XII.     Scholarship organization   , means a scholarship organization approved under RSA 77:G, that administers and implements the EFA Act.

XIII.  "Treasurer" means the treasurer of the state of New Hampshire.

194-E:2  Program.

I.  The treasurer shall transfer to the scholarship organization the per pupil adequate education grant amount under RSA 198:40-a, plus any differentiated aid that would have been provided to a public school for that eligible student.  The transfers shall be made in accordance with the distribution of adequate education grants under RSA 198:42.

II.  Parents of an EFA student shall agree to use the funds deposited in their student   s EFA only for the following qualifying expenses to educate the EFA student:

(a)  Tuition and fees at a private school.

(b)  Tuition and fees for non-public online learning programs.

(c)  Tutoring services provided by an individual or a tutoring facility.

(d)  Services con