SB347 (2010) Detail

Relative to ballot language for local adoption of a chartered public school.






AN ACT relative to ballot language for local adoption of a chartered public school.

SPONSORS: Sen. Bradley, Dist 3; Sen. Carson, Dist 14

COMMITTEE: Education


This bill amends the ballot question language for chartered public schools approved by a school district.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Ten

AN ACT relative to ballot language for local adoption of a chartered public school.

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

1 Chartered Public and Open Enrollment Schools; Establishment. Amend RSA 194-B:3, III(e) to read as follows:

(e) The state board shall submit 2 copies of the approved contract to the clerk of the school district who shall make the contract available for inspection by the voters of the school district. The school board shall submit a warrant article to the school district legislative body for ratification or denial without amendment. The ratification question shall be placed on the warrant of the next special or annual school district meeting and shall take the following form:

“Shall the district raise and appropriate the necessary funds and ratify the proposed contract between the __________ chartered public school and the __________ school district, for a period of 5 years [for initial adoption or for a period of 7 years for renewal, with a first year] for which there shall be an annual appropriation [of $___] per [student] pupil not to exceed [$___] 80 percent of the 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 or, in the case of pupils who reside outside of the district, an annual payment from the pupil’s district of residence or the department of education which shall be approved by the voters in the district of residence operating budget? The source of funds for the proposed contract shall be that portion of the district’s operating budget designated for resident pupils enrolled in a chartered public school. The first year total financial impact of a ‘yes’ vote on this question is estimated by the school board at $___.

_________ Yes _________ No

In districts without annual meetings, the legislative body shall have final authority to ratify or deny the state board approved contract. A ratified contract grants final authority for the chartered public school to operate for the life of its contract and to receive school district funds.

2 Effective Date. This act shall take effect 60 days after its passage.





AN ACT relative to ballot language for local adoption of a chartered public school.


      The Department of Education states this bill may increase state education trust fund expenditures and local revenue and expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. There will be no fiscal impact on state and county revenue or expenditures.


    The Department of Education states this bill will require either the state or a sending school district to provide payment to a school district that has established a charter school under RSA 194-B:3 for the tuition cost of out-of-district students attending such charter school. The Department assumes this bill will take effect on July 1, 2010, and further assumes any state funding for tuition payments will be from the education trust fund. The Department states there are currently no charter schools operating under the provisions of RSA 194-B:3. The Department states that without knowing the capacity of a charter school, it is not possible to make assumptions concerning how many students would come from the school district and how many would come from outside the school district, and therefore cannot calculate potential sending school district tuition payments. The Department further states that because this bill does not specify how to determine whether the resident school district or state pays the tuition for a student attending a charter school outside the resident school district, the Department cannot determine the increase in state or local expenditures attributable to charter school tuition. School districts operating a charter school would realize an increase in revenue from the payment of tuition by either the state or sending school districts for students attending from other school districts.