SB 0352

AN ACT establishing a committee to study alternative regional public school programs for children who are at-risk, relative to the formula for distributing school building aid grants, permitting high school vocational technical education programs which lease space to be eligible for school building aid grants, and establishing an early literacy and reading improvement program, and making an appropriation therefor.

SPONSORS: Sen. O'Hearn, Dist 12

I. Establishes a committee to study alternative regional public school programs for children who are at-risk.

II. Creates an optional school building aid grant formula which shall be available to school districts beginning in the 2003-2004 school year.

III. Establishes maximum cost and maximum size standards for the purpose of construction or purchase of school buildings or school administrative units.

IV. Authorizes high school vocational technical education programs which enter into a lease agreement for permanent space to receive school building aid grants under certain circumstances.

V. Establishes an early literacy and reading improvement program and makes an appropriation of $485,349 for the biennium ending June 30, 2003.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Committee Established. There is established a committee to study alternative regional public school programs for children who are at-risk.

(b) Three members of the house of representatives, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

I. The feasibility of establishing alternative regional public school programs for children who are at-risk based on economic, social, or domestic factors.

II. The feasibility of funding such alternative programs using a shared allocation of adequate education grants.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

6 Purpose; Intent. An alternative school building aid program shall be offered to any duly organized school district, any city maintaining a school department within its corporate organization, any cooperative school district as defined in RSA 195:1, any receiving district operating an area school as defined in RSA 195-A:1, or any schools engaged in a joint maintenance agreement under RSA 194:21 as an alternative to the method of obtaining school building aid available under RSA 198:15-a through 198:15-h.

7 School Money; School Building Aid Annual Grant Amended. Amend RSA 198:15-a to read as follows:

198:15-a Annual Grant for the Payment of Debt Service for School Construction. To aid local school districts in meeting the costs of the payment of debt for school buildings and educational administration buildings, including office facilities for school administrative units, the [~~state board~~] department of education shall, from funds appropriated by the general court to carry out the provisions of this subdivision, pay annually to the school districts of the state, sums in accordance with the provisions of this subdivision or the alternative school building aid provisions under RSA 198:15-u through RSA 198:15-w, depending on which option a school district elects.

8 New Subdivision; Alternative School Building Aid. Amend RSA 198 by inserting after section 15-t the following new subdivision:

I. "Median family income" means that income for each municipality using the most recent data available from the United States Bureau of the Census.

II. "Equalized valuation per pupil" means the average equalized valuation within the school district over the most recent 5 years divided by the current number of pupils within the school district expressed as an average from the most recent 5 years of available data collected by the department of education.

(a) Determine each municipality's equalized valuation per pupil by dividing the municipality's equalized valuation by the average daily membership in residence within each municipality. Assign each municipality a rank beginning with the municipality having the lowest equalized valuation per pupil ranked as number one, and continuing therefrom.

(b) Determine each municipality's median family income, and assign each municipality a rank beginning with the municipality having the lowest median family income ranked as number one and continuing therefrom.

II.(a) The amount of the annual grant in this subdivision shall be a sum equal to a percentage of the amount of the annual payment of principal on all outstanding borrowings of the school district, city, cooperative school district, joint maintenance agreement, or receiving district, for all approved costs of construction or purchase of school buildings and school administrative unit facilities, for which loans are approved after April 1, 2006 according to the following table:

Building Aid Factor Single District Preexisting District in a Cooperative School District, A.R.E.A. School, or

(b) The percentage once determined for a particular borrowing shall not thereafter be subject to change.

III. A cooperative school district, receiving district operating an A.R.E.A. school, or joint maintenance agreement grant amount shall be determined by calculating the percentage of the average daily membership in residence represented by each municipality which has entered into the agreement and multiplying this percentage by each municipality's percentage of annual building aid eligibility under paragraph II of this section. This product shall be multiplied by the projected cost of the building project. The sum of the resulting products shall be the annual building aid grant for the cooperative school district, A.R.E.A. school, or joint maintenance agreement.

198:15-w Alternative School Building Aid Grants; Procedures. The provisions of RSA 198:15-c through 198:15-h shall apply to any grant made under this subdivision.

9 School Building Aid; Amount of Annual Grant. Amend RSA 198:15-b, IV(c) to read as follows:

10 New Paragraph; School Building Aid; Cost and Size Standards. Amend RSA 198:15-b by inserting after paragraph VI the following new paragraph;

VII. In this paragraph, "new construction" means additional square footage but shall not mean the renovation of school buildings or school administrative unit facilities. The provisions of this paragraph shall apply to any school building aid grants made pursuant to RSA 198:15-a through RSA 198:15-w.

(a) The department of education shall issue annually maximum eligible cost standards for the construction of new school buildings or school administrative unit facilities, less site acquisition costs, qualifying for school building aid. These standards shall take into account the type, size, and location of the school or school administrative unit facility and shall be based on an appropriate construction cost index developed or adopted by the department which shall reflect cost differences in the several regions of the state. Maximum cost standards shall be computed and published annually and expressed as a maximum cost per square foot.

(c) For the purpose of calculating the total school building aid grants made under RSA 198:15-a through RSA 198:15-w, the final approved cost for school construction or school project, shall not exceed the cost that would result if the project conformed to the maximum cost and size standards. The provisions of this section shall not preclude an eligible applicant from exceeding the maximum standards provided, however, the cost of the portion of the facilities which exceed the maximum standards shall not be eligible for school building aid. The maximum cost and size standards in effect at the time general contract work begins shall be used for the purposes of determining school building aid.

(d) The commissioner of the department of education shall have the authority to waive eligible cost and size standards for new construction for good reason shown.

11 School Building Aid; High School Vocational Technical Education Programs. Amend RSA 198:15-a to read as follows:

198:15-a Annual Grant for the Payment of Debt Service for School Construction. To aid local school districts in meeting the costs of the payment of debt for school buildings and educational administration buildings, including office facilities for school administrative units, and to meet the costs of leasing permanent space in a building or buildings which are used for the operation of a high school vocational technical education program the state board of education shall, from funds appropriated by the general court to carry out the provisions of this subdivision, pay annually to the school districts of the state, sums in accordance with the provisions of this subdivision.

12 New Section; School Building Aid; Grants for High School Vocational Technical Education Programs. Amend RSA 198 by inserting after section 15-h the following new section:

I. The amount of the annual grant to any school district duly organized, any city maintaining a school department within its corporate organization, any cooperative school district as defined in RSA 195:1, or any receiving district operating an area school as defined in RSA 195-A:1, shall be a sum equal to 30 percent of the amount of the annual payment of principal on all outstanding borrowings of the school district, city, cooperative school district, joint maintenance agreement, or receiving district, heretofore or hereafter incurred, for the cost of leasing permanent space in a building or buildings located outside of the school district or school administrative unit which is used for the operation of a high school vocational technical education program, to the extent approved by the state board of education, provided that the amount of the annual grant in the case of a cooperative school district, joint maintenance agreement, or a receiving district operating an area school, shall be 40 percent plus 5 percent for each pre-existing district in excess of 2 and each sending district, in excess of one, and provided further that no cooperative school district, joint maintenance agreement, or receiving district operating an area school, shall receive an annual grant in excess of 55 percent. Such lease agreements shall be eligible for grants under this section, provided all of the following conditions apply:

(a) A school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1, which receives grants under this section shall remain eligible to apply for, receive, and expend moneys from other state or federal sources made available for the purpose of purchasing new equipment, materials, or supplies necessary for the operation of the program. Moneys received from such other state or federal sources shall not be used to make permanent upgrades or renovations to the leased space.

(b) A lease agreement for permanent space shall be adopted in the same manner as required by law for the passage of construction bonds in the school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1.

(c) An initial lease agreement for a term of 10 years or less shall be eligible to receive grants under this section. Upon renewal, a lease agreement may remain eligible to receive grants, provided the commissioner of the department of education determines that the lease agreement represents an efficient use of state and local resources.

(d) In any fiscal year where the state pays a pro rata share of school building aid grants, the state shall pay the same pro rata share for lease agreements approved under this section.

II. Lease agreements for the use of portable or modular classroom space shall not be eligible for grants.

III. A school district, city, cooperative school district, joint maintenance agreement, or receiving district operating an area school as defined in RSA 195-A:1, shall submit details of the lease arrangement, including a copy of the proposed lease agreement, in writing to the state board of education on such forms as the state board may prescribe. Grant applications for leased space shall be submitted before January 1 of each year in order to be eligible for grants in the fiscal year following the year of submittal. The state board of education shall, no later than August 1, 2002, adopt rules pursuant to RSA 541-A, relative to procedures for grant applications for leased space.

13 Department of Education; School Building Aid Information. No later than January 1, 2003, the commissioner of the department of education shall provide to the general court and the governor, information from the most recent 5 years detailing the total square footage of school construction projects for which school building aid grants were disbursed categorized by existing building size, size of the addition, new building size, and in each case the type of school and number of pupils served.

14 New Chapter; Early Literacy and Reading Improvement. Amend RSA by inserting after chapter 193-F the following new chapter:

193-G:1 Purpose. The general court finds that in order to implement New Hampshire's policy of providing all pupils with the opportunity to acquire an adequate public elementary and secondary education, it is essential that by the end of grade 3 virtually every child is reading independently at grade level. Therefore, the general court enacts a program of professional development and support for those who impact the child's reading skill: parents and early child care providers who prepare young children for reading, and primary school teachers.

IV. "Primary school" means a school that includes grades K-3 or any grouping thereof.

V. "Pre-school children" means children through age 5 that are not enrolled in a primary school.

VI. "Early child care providers" means individuals that are paid to provide care and education to children through age 5 that are not enrolled in a primary school.

VII. "Early childhood specialist" means an experienced teacher who, by virtue of specialized training, appropriate experience, and demonstrated success, has the knowledge and skills necessary to provide early learning and reading assistance to other individuals.

VIII. "Primary caregivers" means parents, guardians, or others with primary responsibility for the child.

193-G:3 Comprehensive Early Literacy and Reading Improvement Program; Policy. It shall be the policy of this state to provide outcome-proven programs of support and education to primary caregivers, early child care providers, and primary school teachers and administrators that shape the language and literacy development of children through a comprehensive, coordinated, early literacy and reading improvement program which shall:

I. Provide primary caregivers with an outcome-proven program of information and support including the key elements of the young child's developing early literacy knowledge and skills.

(a) An outcome-proven program of instruction and support in the developing literacy of pre-school children delivered by early childhood specialists.

(b) Scholarships to participate in college credit courses in the development of early literacy in pre-school children.

III. Provide primary school teachers and administrators with structured, outcome-proven, school-wide professional development in reading instruction through the use of intensive summer institutes, regional meetings, and reading specialists who will provide follow-up activities and continuous technical assistance during the school year. Participating teachers will receive training and materials to implement baseline and checkpoint reading assessments on an individual basis in grades 1 and 2.

(a) Better prepare new teachers to utilize outcome-proven early literacy knowledge and skills and deliver outcome-proven reading instruction.

(b) Coordinate opportunities for local school districts, institutions of higher education, early child care providers, and primary caregivers to work together to deliver high-quality, outcome-proven reading instruction to primary school children as well as provide research-based support for the development of early literacy in preschool children.

I. There is hereby established an early literacy and reading improvement program in the department of education. This program shall provide education and support to primary caregivers of young children, early child care providers and primary school teachers and administrators in developmentally appropriate literacy instruction. Beginning July 1, 2003, approximately equal parts of any funds appropriated shall be used to support the provisions of RSA 193-G:3, I-III.

II. The program shall design and implement a structured observation program to determine the extent to which pupils at earlier ages are making progress toward reading at grade level by the end of grade 3; determine if pupils at the end of grade 3 are reading at grade level by implementing an assessment instrument developed by the department and approved by the state board of education; and provide early literacy and reading improvement assistance, including grants, to local school districts. The program shall also develop, provide, and evaluate outcome-proven programs and courses established in RSA 193-G:3, I-III, and shall provide technical assistance and professional development activities through grants, contracts with consultants, and the employment of individuals to fill authorized, program-related positions.

III. For the fiscal year beginning July 1, 2003, and each fiscal year thereafter, grants to local school districts shall be used to address the areas specified in RSA 193-G:3, as well as other demonstrated needs related directly to early literacy and the improvement of reading. The administration of the early literacy and reading improvement grant program involves the following:

(a) Establishing forms and procedures for districts to use for the development and submission of early literacy and reading improvement grant requests, including:

(1) A detailed plan and budget, with the opportunity to request up to 3 years of financial assistance for both primary school professional development and preschool or caregiver components; and the further opportunity to apply for additional assistance based on demonstrated need.

(2) An assurance that grant funds will be used only to supplement and not supplant on-going local efforts.

(3) A description, if applicable, of how grant activities were planned in consultation with, and will be implemented in coordination with the goals of the program, institutions of higher education, early child care providers, and primary caregivers.

(1) Includes an evaluation of each proposal's adequacy, educational appropriateness, and cost effectiveness, and the extent to which additional revenues are required to implement the proposed plan and activities.

(2) Gives priority to districts with lower-performing schools in reading that have satisfactorily addressed the review criteria in subparagraph (1) and are proposing reasonable efforts to address early literacy needs and/or improve reading performance.

(d) Reviewing grant requests with recommendations for approval, including level of funding and, to the extent possible, balanced geographic distribution.

(e) Distributing grant payments to school districts in accordance with an established payment schedule specified in the district's grant approval notification.

(g) Evaluating the educational impact of the programs established in RSA 193-G:3, I-III on:

(1) Parent and early childhood provider understanding of child development concepts.

(2) Adult-child interactions in early childhood programs, as well as the phonological awareness, development of vocabulary, access to books and appropriate reading and writing opportunities, and understanding of print concepts of children in early childhood programs.

193-G:5 Rulemaking. The state board shall, pursuant to RSA 541-A, and not later than July 1, 2004, adopt rules relative to the administration of the early literacy and reading improvement program established in RSA 193-G:3 and RSA 193-G:4.

I. An early learning oversight committee shall be established and shall consist of the following members:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(c) Three members of the public appointed by the governor, 2 of whom shall serve a 2-year term, and one of whom shall serve a 3-year term.

(d) Two members of the public, appointed by the speaker of the house, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

(e) Two members of the public, appointed by the senate president, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

II. Legislative members of the committee shall serve a term of office coterminous with their membership in the general court.

III. Legislative members of the committee shall receive mileage at the legislative rate while attending to the duties of the commission.

(a) Examine administrative models in place in New Hampshire and in other states to determine the most effective administrative structure and oversight to assure the effective implementation of the early literacy and reading programs funded in this act.

(b) Determine the most effective administrative relationship between the department of education, the department of health and human services and other providers of early literacy and reading programs to assure that the services provided interact in a manner which promotes efficiency and maximizes benefits to children.

(c) Review the development and implementation of the program to ensure it is in accordance with legislative policy. Implementation of the program shall be consistent with the committee's determinations in subparagraphs (a) and (b).

(d) Oversee the outcome-proven early literacy and reading improvement programs established in RSA 193-G:3, I-III, including the impact of each program on the improvement of reading skills and comprehension of students in low-performing schools.

(e) Oversee the effect of each early literacy and reading improvement program established in RSA 193-G:3, I-III on the improvement of reading skill and comprehension of students in low-performing schools and early literacy and language skills of children in child care settings in the region of the schools.

II. The department of education shall provide administrative oversight and support to the committee.

193-G:8 Report. The committee shall submit a report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the state library, and the governor on or before November 1 of each year.

I. The sum of $485,349 for the biennium ending June 30, 2003 is hereby appropriated to the department of education to be used for the purposes set forth in this section. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

II. The department of education is hereby authorized to establish one program administrator position at labor grade 28, one education consultant position at labor grade 27, and one program assistant position, at labor grade 12 from funds appropriated in this act.

III. Funds appropriated in this section shall be used for the salary, benefits, equipment, and current expenses resulting from the new positions established in this act, to develop and implement the end of grade 3 reading assessment required in RSA 193-G:4, II, and to implement the early literacy and reading improvement program as set forth in RSA 193-G:4.