By GARRY RAYNO, InDepthNH.org
CONCORD — The House once again voted to expand the Education Freedom Account program, opening it to any New Hampshire child regardless of his or her parents’ income.
In an often contentious debate, Senate Bill 295 passed the House on a 190-178 vote and is expected — if it becomes law — to increase the state’s obligation by tens of millions of dollars over the next biennium while many state social services will be cut due to declining state revenues.
Democrats tried to tie expanding the EFA program to a performance audit by the Legislative Budget Assistant that is expected to be finished by the end of the year, but Republicans wanted to push forward with the program despite a compliance report that found nearly 25 percent of 50 randomly selected applications did not have the evidence needed to approve the students’ participation.
Rep. David Luneau, D-Hopkinton, who proposed the amendment, said it “would require something all of us want, a clean bill of health before this widely unpopular scam spends another 100 million dollars.”
Rep. Hope Damon, D-Croydon, noted the program’s administrator, The Children’s Scholarship Fund NH, has not released spending and vendor data showing how the state’s money has been spent since the 2021-2022 school year.
She noted the figures that are available show $100,000 was spent for a summer tutorial program run by a church, purchasing pianos, and for ski lessons and lift tickets.
Many people are feeling the impact of rising property taxes which is not sustainable for most families, she said. “We should listen to our constituents who do not want to see the program expand,” she said. “That is the least we can do to make sure they are spending taxpayer dollars wisely.”
But supporters said the proposed amendment is nothing but a delaying tactic to slow down the growth of the program.
Rep. Rick Ladd, R-Haverhill, said the audit will not be completed before the end of the year when the next school year will already be underway, and it would require “sufficient management controls,” which is not defined.
The scholarship fund reports annually to the Department of Education and has been responsive to areas where the agency found it needed to improve, he said, and has complied.
“This is a delaying tactic or a poison pill amendment not to see this thing done,” Ladd said. “EFA students out there need this and they need it now.”
The current school year has about 5,800 students enrolled in the program and will cost a little more than $30 million.
The House passed budget includes $36 million for the program next fiscal year, but was based on the House bill for expansion which raised eligibility from 350 percent of the federal poverty limit to 400 — or about $84,600 for a household of two, $128,600 for family of four — and then remove the threshold for the 2026-2027 school year.
The House approved budget includes $55 million for fiscal year 2027. The change to universal access for both years would increase spending by $16.8 million according to estimates from the House Education Funding Committee.
The program was touted as a way for low-income parents to provide an alternative for their children if they did not do well in the public school environment, but about 75 to 80 percent of the students were in religious and private schools and homeschooling and not in public schools, making it a subsidy program for parents wealthy enough to send their children to private schools.
The bill has a 10,000 cap on enrollment which can be expanded by 25 percent when enrollment reaches 90 percent, and opponents said that is not a cap at all.
Rep. Kate Murray, D-New Castle, said that it is not an actual cap but a diversion to take people’s eyes off expanding the program beyond what is fiscally responsible when the state’s financial situation is precarious.
She said they have all heard from their constituents who do not favor expanding the program or want the program ended noting 19 communities passed resolutions at town meetings that the program should not be expanded.
The state has a serious statewide housing crisis and an alarming increase in requests for food assistance, she said.
“We should listen to the real needs facing our great state instead of expanding an unpopular voucher program,” Murray said.
The bill goes back to the Senate because of the changes the House made.
Mandatory Disclosure
The House approved Senate Bill 96 which requires teachers to disclose what they know about a parent’s child when asked. An educator would lose his or her teaching license for the first offense and a permanent suspension for multiple offenses.
The bill allows parents to seek monetary damages against the school district including attorneys fees and court costs, and third parties who violate the provision could be fined $2,500 for the first violation and restricted from working in the district for one year and a second offense would result in a $5,000 fine and a permanent restriction.
Rep. Kelley Potenza, R-Rochester, who proposed the penalties said she wants to see the least infringement on the rights of families by educators and a pathway for parents to the information they seek, while willful bad actors pay a price for their actions.
She said penalties encourage people to follow the law.
But opponents said they put educators, administrators, counselors and medical personnel in the bad position of having to keep information confidential by law, but yet being required under the bill to disclose that information to parents or lose their licenses.
Rep. Heather Raymond, D-Nashua, said the state has a policy that teachers must answer parents’ questions unless there is a reason to protect the child.
She said this bill doesn’t say take the time to have the Division for Children, Youth and Families and police to do an investigation of a complaint.
She said it is problematic because it includes all school staff, some of whom are bound by confidentiality requirements.
“At the end of day, good parents who have good relationships with their kids.” Raymond said, “do not need teachers to do surveillance of students and be tattletales on them.”
You are putting teachers and guidance counselors and school staff in the middle of these issues, Raymond said.
Rep. Stephen Woodcock, D-Center Conway, said the bill has no reasonable options for teachers.
“Parental rights go hand in hand with parental responsibilities,” he said. “It is not a teacher’s responsibility to do the parents’ job which is talking with their children.”
He keeps hearing in his committee it is all about the kids, but this bill hurts kids, Woodcock said. “This is another attempt to put lipstick on a pig.”
The bill passed on a 198-172 vote and goes back to the Senate because of changes the House made.
Divisive Concepts
The House also approved Senate Bill 100 which attempts to address the issue raised by a US District Court judge in ruling the state’s divisive concepts law was unconstitutionally vague and stopped the state from enforcing it.
The latest attempt to address the issue includes the phrase “willfully and knowingly” which Rep. Glenn Cordelli, R-Tuftonboro, said the US Supreme Court has said in the past addresses the vagueness issue.
The proposed changes to the law are the best strategy to address the concerns raised by the federal court, noting he expects the First Circuit Court of Appeals to uphold the decision, to fight discrimination and the teaching of critical race theories in schools.
He said his proposal prohibits teaching any racial group, whether white, European or black, is superior to another.
Rep. Peggy Balboni, D-Rye Beach, said the bill does nothing to change the law that would make it constitutional.
She said it continues to suppress history that is uncomfortable for some.
“The law in any form is harmful to both educators and students,” she said, “and undermines the integrity of the public education system. The only way to fix it is to repeal it.”
Cordelli also attached a bill making all schools in New Hampshire open enrollment which the Senate has sent to interim study.
“I believe in education freedom and that includes public schools,” he said. “Public school borders should be arbitrary like parks or libraries, they should be open to everyone.”
He noted the House passed universal EFAs and with this bill would go for the “daily double. We will be on the national news when they are signed into law by the governor. New Hampshire will be the education freedom state in the nation.”
The bill goes back to the Senate because of changes the House made.
Cell Phones etc.
The House passed Senate Bill 206 which bans cellphones in public schools including charter schools from the morning bell to the afternoon bell.
The bill has three exceptions for medical reasons, for disabilities and language proficiency.
The House also passed a bill that would hold teachers and administrators responsible for bullying episodes, but would allow parents to escape “Scott fee” according to opponents.
Garry Rayno may be reached at garry.rayno@yahoo.com.