HB 1174-FN-LOCAL - AS INTRODUCED

2001 SESSION

01-2171

04/09

HOUSE BILL 1174-FN-LOCAL

AN ACT requiring the provision of educational opportunities to expelled pupils.

SPONSORS: Rep. Rodd, Merr 3

COMMITTEE: Education

ANALYSIS

This bill requires that pupils who are not educationally disabled and who are expelled from school by the local school board be provided with educational opportunities during the period of expulsion.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2171

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT requiring the provision of educational opportunities to expelled pupils.

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

1 Duty to Provide Education; Education for Expelled Pupils. Amend RSA 189:1-a to read as follows:

189:1-a Duty to Provide Education. It shall be the duty of the school board to provide, at district expense, elementary and secondary education to all pupils who reside in the district until such time as the pupil has acquired a high school diploma or has reached age 21, whichever occurs first; [provided, that the board may exclude specific pupils for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school, and further] provided that this section shall not apply to pupils who have been exempted from school attendance in accordance with RSA 193:5.

2 Suspension and Expulsion of Pupils; Provision of Education Required. Amend RSA 193:13, II to read as follows:

II.(a) Any pupil may be expelled from school by the local school board for gross misconduct, or for neglect or refusal to conform to the reasonable rules of the school, or for an act of theft, destruction, or violence as defined in RSA 193-D:1, or for possession of a pellet or BB gun, rifle, or paint ball gun, and the pupil shall not attend school until restored by the local board. Any expulsion shall be subject to review if requested prior to the start of each school year and further, any parent or guardian has the right to appeal any such expulsion by the local board to the state board of education. Any expulsion shall be valid throughout the school districts of the state.

(b) The local school board shall adopt a plan to provide educational services in an alternative setting to any pupil expelled under subparagraph (a) for the duration of the expulsion.

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

LBAO

01-2171

6/12/01

HB 1174-FN-LOCAL - FISCAL NOTE

AN ACT requiring the provision of educational opportunities to expelled pupils.

FISCAL IMPACT:

The Department of Education indicates this bill will increase state general fund expenditures and local revenue by $8,930,972 in FY 2002 and by an indeterminable amount each year thereafter. There will be no fiscal impact on state and county revenue or county and local expenditures.

METHODOLOGY:

The Department states this bill will require the 178 school districts in the state to provide educational opportunities for students who are expelled from school. The Department assumes existing school facilities will be used after hours for these expelled students.

The Department assumes each school district will need to hire one teacher to provide the educational opportunities. The Department used the average NH teacher salary, $38,301 and a 31% benefit calculation, $11,873, to arrive at an expense of $50,174 per district, per year. 178 districts times $50,174, equals $8,930,972. The Department did not calculate an amount beyond FY 2002.