SB 339-FN-A – AS INTRODUCED

2008 SESSION

08-2776

04/09

SENATE BILL 339-FN-A

AN ACT relative to per pupil funding for charter school pupils.

SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Casey, Rock 11

COMMITTEE: Education

ANALYSIS

This bill requires that funding for a pupil enrolled in a charter or open enrollment school in another district shall be directed to the charter or open enrollment school. The bill also provides that a charter school may provide special education and related services, at-risk programs, and vocational, career, technical, and other alternative educational programs upon approval of its charter.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2776

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to per pupil funding for charter school pupils.

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

1 Charter and Open Enrollment Schools; Funding. Amend the introductory paragraph of RSA 194-B:11, I to read as follows:

I. There shall be no tuition charge for any pupil attending [an] a charter, open enrollment, or charter conversion school located in that pupil’s resident district. Funding limitations in this chapter shall not be applicable to charter conversion or open enrollment schools located in a pupil’s resident district. For any other charter or open enrollment school authorized by the school district, the pupil’s resident district shall pay to such school an amount equal to not less than 80 percent of that district’s average cost per pupil as determined by the department of education using the most recent available data as reported by the district to the department. For any charter school authorized by the state board of education pursuant to RSA 194-B:3-a, the state shall pay tuition directly to the charter school for each pupil who is a resident of this state in attendance at such charter school as follows:

2 New Paragraph; Charter and Open Enrollment Schools; Approval by State Board of Education. Amend RSA 194-B:3-a by inserting after paragraph V the following new paragraph:

VI. Upon approval under this section, a charter school shall:

(a) Be eligible to provide special education and related services to any of its pupils who require such special education or related services, be eligible to receive school district placement of such pupils, and shall receive any state or federal special education funding for such pupils.

(b) Be eligible to receive funding for providing alternative education programs or services designed for pupils at risk of dropping out of school, or at risk for other reasons.

(c) Be eligible to provide pupils with vocational, career, technical, or other alternative educational programs.

(d) Be recognized as a regional vocational center, and shall be eligible to receive funding available pursuant to RSA 188-E, provided the school offers vocational, career, technical, or other alternative educational programs.

3 Charter and Open Enrollment Schools; Funding. Amend RSA 194-B:11, IV to read as follows:

IV. [Any federal or other funding available in any year to a sending district shall, to the extent and in a manner acceptable to the funding source, be directed to a charter or open enrollment school in a receiving district on an eligible per pupil basis.] A sending district shall identify, on a per pupil basis, all federal, state, or other sources of funding available in a fiscal year for each pupil who is enrolled in a charter or open enrollment school in a receiving district and shall promptly direct all such funding to the charter or open enrollment school in the receiving district. This funding shall include, but not be limited to, funding under federal Chapters I and II of Title II, and Drug-Free Schools, in whatever form the funding is available in any year.

4 Regional Vocational Education; Payment of Tuition and Transportation Funds. Amend RSA 188-E:9, I-II to read as follows:

I. The state shall pay the receiving district or charter school for its portion of the tuition charge upon receipt by the department of education of forms showing the charges as requested by them. Payment of transportation shall be made to the sending district by the department of education upon certification of payment or liability of payment of transportation charges on forms prescribed by the department. School districts shall report actual tuition and transportation costs for reimbursement by the state to the department by September 30 of each year. Failure to file such information on the forms required under this paragraph shall result in withholding of funds.

II. Except as otherwise provided in this paragraph, reimbursement of tuition and transportation costs under this section shall be made annually and shall be calculated based upon the previous year’s actual tuition and transportation costs for each school district. Funds shall be distributed to school districts on or before December 1. Reimbursement of charter school tuition costs shall be based on the charter school’s tuition rate as calculated under RSA 194-B:11, I, and payment shall be made in accordance with the payment distribution schedule set forth in RSA 194-B:11, I(c).

5 Effective Date. This act shall take effect upon its passage.

LBAO

08-2776

12/19/07

SB 339-FN-A - FISCAL NOTE

AN ACT relative to per pupil funding for charter school pupils.

FISCAL IMPACT:

The Department of Education states this bill will increase state general fund expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Department of Education states this bill provides that charter schools are fully approved for any program offering they choose to provide at the initial approval of their charter. This bill also requires upfront payment for courses offered which are covered under RSA 188-E:9, as well as tuition and transportation funds for secondary charter schools that offer career and technical education programs. The Department states it is unable to determine the fiscal impact of this bill on state general fund expenditures because there are no charter schools approved to offer career and technical education courses as required under the Ed 1400 administrative rules. The Department further states there is a 25% match required for career and technical education tuition, and it is unknown what entity - school district, town, or charter school - would be liable for that 25%.