AN ACT relative to distribution of state aid to charter schools.
Amend the bill by replacing all after the enacting clause with
the following:
1 Charter and Open Enrollment Schools; Funding. Amend RSA 194-B:11, I
to read as follows:
I. There shall be no tuition charge for any pupil attending an
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,
[the pupil’s resident district shall pay tuition beginning
July 1, 2005 and
every fiscal year thereafter,] and not approved by the local
school district, the state shall pay education aid directly
to the charter
school for
each pupil who is a resident of this state in attendance
at such charter school [in an amount per pupil determined] as
follows:
(a) For the fiscal year beginning July 1, 2005, $3,500 annual
tuition.
(b) For every fiscal year thereafter, the department of
education shall determine the tuition rate by adjusting
for the average
annual percentage
rate of inflation based on the northeast region consumer
price index for all urban consumers as published by the
Bureau of
Labor Statistics,
United States Department of Labor. The average shall
be based on the 4 calendar years ending 18 months before the
beginning
of the
fiscal
year for which the tuition rate is to be determined.
(c) Tuition amounts shall be prorated on a per diem basis
for pupils attending a school for less than a full
school year.
To the extent
permitted by law, tuition payments shall coincide with
the distribution of equitable
education grants under RSA 198:42 or on such other
terms as are mutually acceptable.
(d) The source of funds for payments under this section
shall be from moneys specifically set aside for charter
schools.
2 Charter and Open Enrollment Schools; Definitions.
Amend RSA 194-B:1, III to read as follows:
III. “Charter school” means an open enrollment
public school, operated independent of any school
board
and managed by
a board of trustees.
A charter school shall operate as a nonprofit
secular organization under
a charter granted by the state board and in conformance
with this chapter and shall not be affiliated
with any religious
institution or any nonpublic
or sectarian school.
3 New Paragraph; Charter and Open Enrollment Schools; Board of Trustees.
Amend RSA 194-B:5 by inserting after paragraph
VI the following new paragraph:
VII. Any member of a charter school board of trustees
who also serves as an employee, agent, or board member
of any
for-profit
entity with whom the charter school contracts for goods
or services shall make
public disclosure of such fact and shall recuse oneself
from any business the
charter school may have with the for-profit
entity. Any contract executed
in violation of this paragraph shall be voidable
at the discretion of the commissioner of the department
of education.
A
member of a charter
school board of trustees who executes a contract
in violation
of this paragraph may be held personally liable to
the charter school for any
damages caused by such contract.
4 Repeal. RSA 194-B:11, IX, relative to the issuance of reimbursement
anticipation notes to charter schools,
is repealed.
5 Effective Date. This act shall take effect upon its passage.
AMENDED ANALYSIS
This bill:
I. Requires the state to pay education aid directly to a charter
school approved by the state board of education.
II. Prohibits a charter school from
being affiliated with a religious
institution, nonpublic, or
sectarian school.
III. Requires any member of a charter
school board of trustees who also
serves as an
employee, agent,
or board
member
of any for-profit
entity
with whom the charter school contracts
for goods or services to make public
disclosure of such
fact and
to recuse
oneself from any business
the charter school may have with
the for-profit entity.
2006-0162h
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