CHAPTER 354

SB 418 – FINAL VERSION

02/14/08 0442s

06/05/08 1959eba

2008 SESSION

08-2774

04/01

SENATE BILL 418

AN ACT replacing references to “charter school” with “chartered public school”.

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

COMMITTEE: Education

AMENDED ANALYSIS

This bill replaces all references in statute to “charter school” with “chartered public school.”

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/08 0442s

06/05/08 1959eba

08-2774

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT replacing references to “charter school” with “chartered public school”.

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

354:1 Reference Changes. Amend the following RSA provisions by deleting “charter school” or “charter schools” and replacing them with “chartered public school” or “chartered public schools” as appropriate: RSA 5-B:2, III; RSA 31:105; RSA 31:106; RSA 91-A:1-a, I(d); RSA 186:13, XI(c); RSA 189:1-d, IV; RSA 189:13-a; RSA 189:28, I-II; RSA 189:28, V; RSA 194:23, II; RSA 194:60, III; the chapter heading in RSA 194-B; RSA 194-B:1, II-V; the section heading in RSA 194-B:2; RSA 194-B:2, II-III; RSA 194-B:2, VI-IX; the section heading in RSA 194-B:3; RSA 194-B:3, I-X; RSA 194-B:3, XII-XIII; the section heading in RSA 194-B:3-a; RSA 194-B:3-a, I-II; RSA 194-B:3-a, IV-V; the section heading in RSA 194-B:4; RSA 194-B:4, II-III; RSA 194-B:4, V; the section heading in RSA 194-B:5; RSA 194-B:5; the section heading in RSA 194-B:6; RSA 194-B:6, the section heading in RSA 194-B:7; RSA 194-B:7; the section heading in RSA 194-B:8; RSA 194-B:8; RSA 194-B:9, I-IV; the section heading in RSA 194-B:10; RSA 194-B:10; RSA 194-B:11; the section heading in RSA 194-B:13; RSA 194-B:13, I-III; the section heading in RSA 194-B:14; RSA 194-B:14; the section heading in RSA 194-B:15; RSA 194-B:15, I; RSA 194-B:15, III; RSA 194-B:16, I; RSA 194-B:16, IV; RSA 194-B:16, VI-VII; RSA 194-B:17, I-III; RSA 194-B:17, VII-VIII; RSA 195:31; RSA 195-A:16; RSA 198:42, IV; RSA 198:45; RSA 507:17, I; RSA 507-B:1, I; and RSA 507-B:4, IV.

354:2 Special Education; Advisory Committee. Amend RSA 186-C:3-b, II(n) to read as follows:

(n) One representative of a [public charter] chartered public school, appointed by the governor.

354:3 Charter and Open Enrollment Schools; Pupil Selection. Amend the section heading in RSA 194-B:9 to read as follows:

194-B:9 [Charter] Chartered Public Schools and Open Enrollment Schools; Pupil Selection; Enrollment; Separation.

354:4 Charter and Open Enrollment Schools; Funding. Amend the section heading in RSA 194-B:11 to read as follows:

194-B:11 [Charter] Chartered Public Schools and Open Enrollment Schools; Funding.

354:5 Applicability. A charter school which was approved prior to the effective date of this act may, by a majority vote of its board of trustees, implement a name change in accordance with this act. Written notice of the name change shall be submitted to the state board of education and the department of education within 10 days of its approval.

354:6 Fiscal Capacity Disparity Aid; References to Charter School Changed. Amend RSA 198:40-c, I to read as follows:

I. In addition to aid for the cost of the opportunity for an adequate education provided under RSA 198:40-b, each biennium the department shall calculate fiscal capacity disparity aid and provide that amount of aid in each year of the biennium to a municipality’s school districts and to [charter] chartered public schools approved under RSA 194-B:3-a as follows:

(a) The department shall calculate the equalized valuation per pupil for each municipality in the state and shall sort the results into quartiles based on equalized valuation per pupil and shall divide all quartiles in half. If there are an uneven number of municipalities in a quartile or half quartile, the department shall make the lower quartile or half quartile the one with fewer municipalities.

(b) A municipality with an equalized valuation per pupil in the lower half of the lowest quartile and which has a median family income which is less than the state average median family income shall receive fiscal capacity disparity aid in the amount of $2,000 multiplied by the municipality’s average daily membership in residence.

(c) A municipality with an equalized valuation per pupil in the upper half of the lowest quartile which has a median family income which is less than the state average median family income shall receive fiscal capacity disparity aid in the amount of $1,250 multiplied by the municipality’s average daily membership in residence shall be distributed pursuant to RSA 198:42.

(d) A [charter] chartered public school approved under RSA 194-B:3-a shall receive $2,000 per pupil multiplied by the number of pupils enrolled. The calculation of [charter] chartered public school enrollment and aid distribution shall be pursuant to RSA 194-B:11, I(c).

354:7 Contingency. If SB 539 of the 2008 legislative session becomes law, then section 6 of this act shall take effect July 1, 2009 at 12:01 am. If SB 539 of the 2008 legislative session does not become law, then section 6 of this act shall not take effect.

354:8 Effective Date.

I. Section 6 of this act shall take effect as provided in section 7 of this act.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: July 7, 2008

Effective Date: I. Section 6 shall take effect as provided in section 7.

II. Remainder shall take effect September 5, 2008.