[Paragraph I effective until the contingency provided in 2025, 75:7 is met; see also paragraph I set out below.]

1. I. A parent may apply to the scholarship organization to establish an EFA for an eligible student. The scholarship organization shall accept and approve applications for enrollment on a rolling basis each year and shall establish procedures for approving applications for enrollment in an expeditious manner. Priority guideline students shall not be subject to the enrollment cap and shall be enrolled on a rolling basis.

   [Paragraph I effective when the contingency provided in 2025, 75:7 is met; see also paragraph I set out above.]

2. I. A parent may apply to the scholarship organization to establish an EFA for an eligible student. The scholarship organization shall accept and approve applications for enrollment on a rolling basis each year and shall establish procedures for approving applications for enrollment in an expeditious manner.

   [Paragraph I-a repealed by 2025, 75:6, II, effective contingent pursuant to 2025, 75:7.]

   I-a. For the 2025-2026 school year, the enrollment cap shall be 10,000. For each subsequent year, if the total enrollment of the prior year is greater than 90 percent of the prior year's enrollment cap, then the enrollment cap shall be increased once by 25 percent when enrollment begins for the year. The department of education shall publish on its website information identifying the enrollment cap when it is increased pursuant to this paragraph.

   [Paragraph I-b repealed by 2025, 75:6, II, effective contingent pursuant to 2025, 75:7.]

   I-b. The scholarship organization shall prioritize current EFA students for renewal in the subsequent year by reserving space for them under that subsequent year's enrollment cap before enrolling new EFA students in that subsequent year.

3. II. The scholarship organization shall create a standard form that parents can submit to establish their student's eligibility for the EFA program and shall ensure that the application is publicly available and may be submitted through various sources, including the Internet.

4. III. The scholarship organization shall approve an application for an EFA if:

   1. (a) The parent submits an application for an EFA in accordance with application procedures established by the scholarship organization.
   2. (b) The student on whose behalf the parent is applying is an eligible student.
   3. (c) Funds are available for the EFA.

   4. (d) The parent signs an agreement with the scholarship organization:

      1. (1) To provide an education for the eligible student in the core knowledge domains that include science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music.
      2. (2) Not to enroll the eligible student as a full-time student in their resident district public school while participating in the EFA program.

      3. (3) To provide an annual record of educational attainment by:

         (A) Having the student take a nationally-standardized, norm-referenced achievement test and to provide the results to the scholarship organization by the end of each school year which the scholarship organization shall make available to the department as aggregate scores; or

         (B) Having the student take the statewide student assessment test pursuant to RSA 193-C:6; or

         (C) Maintaining a portfolio including, but not limited to, a log which designates by title the reading materials used; samples of writings, worksheets, workbooks, or creative materials used or developed by the student. The parent shall have a certified teacher or a teacher currently teaching in a nonpublic school, who is selected by the parent, evaluate the student's educational progress upon review of a portfolio and discussion with the parent or student.

      4. (4) To use the funds in the EFA only for qualifying expenses to educate the eligible student as established by the EFA program.
      5. (5) To comply with the rules and requirements of the EFA program.
5. IV. The signed agreement between the parent and the scholarship organization shall satisfy the compulsory school attendance requirements of RSA 193:1.
6. V. The scholarship organization shall annually renew a student's EFA if funds are available.

7. VI. Upon notice to the scholarship organization, an EFA student may choose to stop receiving EFA funding and enroll full-time in a public school or otherwise satisfy compulsory attendance requirements.

   1. (a) Enrolling as a full-time student in the resident district public school shall result in the immediate suspension of payment of additional funds into the student's EFA. However, an EFA that has been open for at least one full school year shall remain open and active for the parent to make qualifying expenditures to educate the student from funds remaining in the EFA. When no funds remain in the student's EFA, the scholarship organization may close the EFA.
   2. (b) If an eligible student decides to return to the EFA program, payments into the student's existing EFA may resume if the EFA is still open and active. A new EFA may be established if the student's EFA was closed.

Source. 2021, 91:431, eff. Aug. 24, 2021. 2025, 75:3-5, eff. June 10, 2025; 75:6, II, eff. contingent; 141:17, eff. June 27, 2025.