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HB 730-FN - AS INTRODUCED

 

 

2025 SESSION

25-0733

11/05

 

HOUSE BILL 730-FN

 

AN ACT requiring school districts to educate and provide information to students regarding adoption during health education for grades 9 through 12, and in college in certain circumstances.

 

SPONSORS: Rep. Sellers, Graf. 18; Rep. Sheehan, Hills. 43; Rep. Panek, Hills. 1; Rep. Seidel, Hills. 29; Rep. Aures, Merr. 13; Rep. Ulery, Hills. 13; Rep. Perez, Rock. 16

 

COMMITTEE: Education Policy and Administration

 

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ANALYSIS

 

This bill requires school districts to annually discuss and provide materials related to adoption during health education for grades 9-12, and requires colleges and high schools to provide access to such materials anytime sexually transmitted infections or contraception are discussed, or are or may be included on an examination.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0733

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT requiring school districts to educate and provide information to students regarding adoption during health education for grades 9 through 12, and in college in certain circumstances.

 

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

 

1  New Section; Adoption Education Required.  Amend RSA 193-E by inserting after section 3-f the following new section:

193-E:3-g Adoption Education Required.

I. Pursuant to a local school district or chartered public school's requirement to demonstrate that it provides the opportunity for an adequate education, in order to demonstrate that it has provided health and wellness education under RSA 193-E:3-b, I(a)(7) each school shall annually submit to the department of education proof of compliance with this section.

II. For students grades 9 through 12, as part of health and wellness education each school shall annually conduct at least one hour of discussion related to adoption and provide materials related to unexpected pregnancy options including adoption, current adoption practices, adoption resources, and the safe haven program pursuant to RSA 132-A.

III. Such materials provided pursuant to paragraph II shall be approved by the department of education.  The commissioner shall adopt rules to effectuate the purpose of this section pursuant to RSA 541-A.

IV.  The attorney general shall have standing as parens patriae to enforce this section on behalf of any or all residents or citizens of New Hampshire.

V.  The attorney general shall have a cause of action to sue for damages or injunctive relief on behalf of any or all residents or citizens of New Hampshire against any person or entity that violates this section.

2  New Section; Adoption Materials to be Provided.  Amend RSA 187-A by inserting after section 16-c the following new section:

187-A:16-d  Adoption Materials to be Provided.  Colleges and universities shall provide materials which meet the requirements of RSA 193-E:3-g, II to all students anytime sexually transmitted diseases, sexually transmitted infections, or contraception are discussed, or are or may be included on an examination.

3  New Section; Adoption Materials to be Provided.  Amend RSA 188-F by inserting after section 6-a the following new section:

188-F:6-b  Adoption Materials to be Provided.  Community colleges shall provide materials which meet the requirements of RSA 193-E:3-g, II to all students anytime sexually transmitted diseases, sexually transmitted infections, or contraception are discussed, or are or may be included on an examination.

4  Effective Date.  This act shall take effect July 1, 2025.

 

LBA

25-0733

Revised 1/28/25

 

HB 730-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring school districts to educate and provide information to students regarding adoption during health education for grades 9 through 12, and in college in certain circumstances.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

Department of Education Costs

$102K in FY 2026, $104K in FY 2027,

and $107K in FY 2028

 

Department of Justice Costs

Indeterminable

Funding Source(s)

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

*Expenditure = Cost of bill                *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable

 

METHODOLOGY:

This bill, effective for the 2025-2026 school year, requires school districts to annually discuss and provide materials related to adoption during health education for grades 9-12, and requires colleges and high schools to provide access to such materials anytime sexually transmitted infections or contraception are discussed, or are or may be included on an examination.

 

The Department of Education states to meet the requirements placed on it under this bill, it would need one (1) full-time position (program specialist III, SOC 13-5, step 3) to review and approve the materials related to adoption; unexpected pregnancy options including adoption, current adoption practices, adoption resources and the safe haven program; and review of annual submissions to the Department demonstrating proof of compliance. The estimated cost for this position is $102,000 in FY 2026, $104,000 in FY 2027, and $107,000 in FY 2028, assuming a start date of July 1, 2025.  This bill provides neither authorization nor appropriation for new personnel.

 

It is not known whether districts have existing personnel to meet the requirements of this bill, or if there are costs for the materials related to adoption, unexpected pregnancy options including adoption, current adoption practices, adoption resources and the safe-haven program. Any costs to local school district costs are indeterminable and will vary from district to district.

 

This bill also provides for enforcement by the Department of Justice if a local school district or chartered public school fails to provide the required instruction or to provide the materials required pursuant to the statute.  The Department states it is difficult to determine any cost this enforcement responsibility as a precise estimate would require predicting how many schools would refuse to comply with the proposed law’s requirements. The Department states costs could be absorbed within its existing staffing and budget amounts, however, if there is a significant number of enforcement actions required, the hiring of an additional attorney and/or paralegal may be necessary.

 

The University System of New Hampshire and Community College System of New Hampshire state that any costs incurred to implement this bill would be absorbed in its current staffing and budget levels.

 

AGENCIES CONTACTED:

Department of Education, Department of Justice, University System of New Hampshire, and Community College System of New Hampshire