1 Education; Open Enrollment Schools; Definitions. Amend RSA 194-D:1, I to read as follows:

I. "Open enrollment public school" or "open enrollment school" means any public school which, in addition to providing educational services to pupils residing within its attendance area or district, chooses to accept pupils from other attendance areas within its district and from outside its district.

2 Education; Open Enrollment Schools; Funding. Amend RSA 194-D:5 to read as follows:

194-D:5 Funding.

I. There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district. For an open enrollment school authorized bythe school district, the pupil'sresident district shall payto such school an amount equal to not less than 80 percent ofthat district's average cost per pupil as determined by the department of education using the most recent available data as reported by thedistrict to the department.

II. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.

III. 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 an open enrollment school in a receiving district on an eligible per pupil basis.

IV. The commissioner of the department of education shall apply for all federal funding available to open enrollment schools under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act, or other federal *sourceof funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.

V. A sending district may provide funds, services, equipment, materials, or personnel to an open enrollment school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.

VI. An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.

VII. An open enrollment school may receive financial aid, private gifts, grants, or revenue as if it were a school district.

3 Education; Open Enrollment Schools; Budgets. Amend RSA 194-D:6 to read as follows:

194-D:6 Budgets. That portion of a school district's estimated expenditures on open enrollment school tuition shall be shown as a separate line item in a school district's budget.

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

1 Education; Open Enrollment Schools; Definitions. Amend RSA 194-D:1, I to read as follows:

I. "Open enrollment public school" , "open enrollment school" , or " open enrollment program" means any public school which, in addition to providing educational services to pupils residing within its attendance area or district, chooses to accept pupils from other attendance areas within its district and from outside its district.

2 Education; Open Enrollment Schools; Funding. Amend RSA 194-D:5 to read as follows:

194-D:5 Funding.

I. There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district. For an open enrollment school authorized by a receiving the district shall pay the receiving district to such school district's average cost per pupil as determined by the department of education using the most recent available data as reported by the sending **district to the department.

II. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.

** III. IV.under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act,source sources **of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.

** IV. ***V. An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.

** VI. **VII.That portion of a school district's estimated expenditures on open enrollment school tuition shall be shown as a separate line item in a school district's budget.

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