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Finance committee advances amended cap on Education Freedom Accounts after heated debate

May 29, 2025 | Finance, House of Representatives, Committees , Legislative, New Hampshire


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Finance committee advances amended cap on Education Freedom Accounts after heated debate
The House Finance Committee voted 14–11 to advance Senate Bill 295 as amended by amendment 2 2 7 1 H, a bill that sets a rolling enrollment cap and priority rules for Education Freedom Accounts, moving the measure to the regular calendar.

The amendment, described by Representative Irf as clarifying the House-passed policy, caps total EFA enrollment at 10,000 students for the 2025–26 school year and provides a mechanism that increases the cap by 25% in subsequent years if prior-year enrollment exceeds 90% of the cap. "S B 2 95, as originally amended by the house, increases the number of students eligible for education freedom accounts by removing household income thresholds," Representative Irf said during committee discussion.

Supporters said the amendment improves clarity and creates predictable growth controls while preserving priority access for existing students, siblings, students with disabilities and low-income families. "It adds ... that students currently enrolled in the program, siblings of enrolled students, students with disabilities, and students with family income less than 350% of the federal poverty guidelines ... are not subject to the enrollment cap and are always enrolled," a sponsor explained during debate.

Opponents argued the amendment effectively expands the program and shifts millions in unplanned spending onto the next two-year budget. Representative Daniels and others warned the amendment would accelerate universal access and increase costs beyond what was included in the budget. "This is more spending," a critic said, pointing to committee estimates that the change would add about $16.8 million compared with the House budget baseline; other members cited larger potential projections.

Committee members debated enrollment projections repeatedly. Supporters and opponents cited differing fiscal models and past experiences from other states. Representative Luno urged caution and referenced an audit request: "...the New Hampshire Department of Education conducted a sample audit ... and they found that 25% of those applications had errors in determining whether a student was eligible," and recommended waiting for a comprehensive performance audit before further expansion.

The committee adopted the amendment (14–11) and then voted the motion of ought to pass as amended (14–11), sending SB 295 to the regular calendar. Members filed a majority and a minority report; Representative Marty was named to write a minority report.

Discussion points included whether the cap truly constrains growth, how priority enrollment would be applied, and the fiscal impact in the first and subsequent years. The amendment text specifies how current enrollees are prioritized and how the cap can increase; the Department of Education was directed in debate to publish the current enrollment cap on its website as it changes.

The vote outcome advanced the bill to the next stage; committee members noted they expect further budget scrutiny on the House and Senate floors and in conference committees.

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