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Commission hears 890 EFA recipients qualify for differentiated aid; data gaps impede costing
Summary
DOE staff told the commission that 890 students receiving EFA differentiated aid were recorded as having a disabling condition, but that the Children's Scholarship Foundation does not separate those recipients into the categories used by school districts and IDEA.
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State Department of Education staff told the commission that 890 students receiving Education Freedom Account (EFA) funding were identified as having a disabling condition that qualifies them for differentiated aid, but that the state’s Children's Scholarship Foundation does not separate those recipients into the two categories used in state discussions: a student "with a disability" (IDEA eligibility) versus a student with a "disabling condition" (medical documentation).
Rebecca Ferdette, DOE director of special education, said the number available from DOJ/DEAR and the scholarship foundation was 890 and that the foundation does not split that count into the two statutory categories. She told commissioners the foundation’s financial aid stream is separate from state special-education aid and that the differentiated EFA payment is not pulled from the state’s special-education aid program.
Commissioners asked DOE to invite a representative from the Children’s Scholarship Foundation to explain: how the foundation documents eligibility, whether the foundation requires annual reapplication and receipts for purchases, whether differentiated aid is revalidated each year, and how much funding is paid per qualifying student. DOE staff confirmed the commission had not been given a district-by-district breakout and that the foundation’s data structure prevents the commission from easily distinguishing the two categories. Commission members requested the scholarship-fund representative attend a future meeting.
Why it matters: The two categories have different eligibility and documentation pathways. DOE staff explained that a student identified as a child "with a disability" has met IDEA eligibility criteria through a district evaluation and IEP process, while a student with a "disabling condition" may qualify for EFA difference by providing documentation from a health professional without the IEP eligibility process. That distinction affects whether state special-education services or EFA parental-directed services apply and complicates any attempt to map EFA payments to special-education costs.
Commission action: Members asked staff to invite the Children’s Scholarship Foundation and provide the DOE fact sheet referenced in the meeting (DOE fact sheet on special education eligibility and New Hampshire Education Freedom Accounts, January 2024) and related statutory/regulatory citations (RSA 194-F; 34 C.F.R. 300.8) for review.

