Section 198:15-r Kindergarten Construction Program Established.


   I. There is established in the department of education a kindergarten construction program to provide certain construction grants which shall be available to eligible school districts that currently do not operate a public kindergarten program. These grants shall be available until all school districts in the state operate a kindergarten program within an approved public school. Such eligible districts shall receive, at their election, either:
      (a) A construction grant to cover 75 percent of the actual cost of construction of kindergarten facilities, exclusive of site acquisition and core facilities; or
      (b) A construction grant to cover 100 percent of the actual cost of the design and construction of a basic code compliant kindergarten facility, but shall not include site acquisition and core facilities. In this subparagraph, ""basic code compliant kindergarten facility'' means a new building or an addition to an existing building that the commissioner of the department of education determines satisfies the minimum standards for school approval for a kindergarten program and all applicable building code standards. The commissioner shall establish specifications pursuant RSA 198:15-s, IV for such a basic code compliant facility.
   II. A school district that displaces pupils from an existing classroom space in order to use such space to provide a kindergarten program shall be eligible for a construction grant under subparagraphs I(a) or (b) to cover the costs incurred in constructing or renovating new classroom space for the displaced pupils.
   III. Grants under subparagraphs I(a) or (b) shall also cover the cost of initial furniture, fixtures, and equipment needed to operate a kindergarten program.

[Paragraph IV repealed by 2008, 384:6, II, effective July 1, 2013.]


   IV. (a) In addition to the grants available under paragraph I, the commissioner of the department of education shall make classroom transition grants available to eligible school districts that currently do not operate a public kindergarten program, and that begin operation of such a program as of the beginning of the 2008-2009 or 2009-2010 school years, to cover 100 percent of the actual cost of leasing and set up of temporary classrooms, including but not limited to portable classrooms or privately-owned space, for a single lease period with a maximum term of 3 years. The temporary classrooms may be used for grades other than kindergarten to the extent that those grades are displaced in order to make room for kindergarten classes. Classroom transition grants shall also cover the cost of initial furniture, fixtures, and equipment needed to operate a kindergarten program. Classroom transition grants shall be limited to an amount that, in the discretion of the commissioner of the department of education, is not excessive or unreasonable.
      (b) A school district that currently does not operate a public kindergarten program may, for a period not to exceed 3 years, contract with a private entity to provide a kindergarten program in accordance with RSA 198:48-a, provided that the kindergarten program meets or exceeds the minimum standards for school approval as adopted by the department of education.
      (c) A school district may elect to proceed under either subparagraph (a) or (b), or a combination of both, provided that the maximum time period that a school district may proceed under either subparagraph (a) or (b), or the combination of both, shall not exceed 3 years.
   V. A school district may contract with another school district to provide a public kindergarten program that meets or exceeds the minimum standards for school approval as adopted by the department of education.
   VI. The provisions of RSA 32:8 and RSA 32:11 shall not apply to costs incurred by a school district under this section.
   VII. Nothing in this subdivision shall prohibit the inclusion of the site and related facilities that are not eligible for funding by the state under this subdivision as part of kindergarten construction costs from being included in a regular building aid funding request as provided in RSA 198:15-b. However, no school district which receives any funding under this subdivision shall be eligible to receive school building aid under RSA 198:15-b for the same project.
   VIII. Kindergarten facilities constructed under this subdivision shall be the property of the school district or the city maintaining a school department.
   IX. A district shall not be deemed ineligible from receiving the full amount of a construction or transition grant for which it is otherwise eligible as a result of the district already expending funds for construction or transition costs related to providing a kindergarten program beginning in the 2008-2009 or 2009-2010 school years.

Source. 1997, 348:5. 2001, 287:1, 2. 2003, 319:136. 2005, 164:3. 2006, 198:1, eff. July 1, 2006. 2008, 384:1, eff. July 11, 2008; 384:6, II, eff. July 1, 2013.