UNDERSTANDING 194-B: 3-a

The 2003 provision allowing state-authorized charter schools.

Passed in 2003, the state-authorized charter school provisions of Section 3-a  at Section V make clear that provisions connecting charter schools and local districts do NOT apply to state-authorized schools.   Materials below are excerpts from a forthcoming publication about New Hampshire’s charter school law.

S. Hollins

June 2005

 

B:3-a  PILOT PROGRAM for state-authorized schools

Text Box: Section 3-a was added in 2003 to allow a second authorizer of charter schools—the State Board of Education. The second authorizer provision, when passed, helped New Hampshire quality for a US DOE grant to fund charter school start-up for 15 schools.

 

 

 

 

I. There is established a 10-year pilot program which authorizes the state board of education to grant charter status under this section. Beginning July 1, 2003, the state board of education shall be authorized to grant no more than 20 state charter school applications during the 10-year pilot program.

 

Text Box: The NH Department of Education received federal funding to provide start-up assistance to 15 charter schools. The grant spoke of the energy in the state to move forward with innovative charter school models. In fact, within the first year (2003-2004) 7 charter schools were approved to open; in 2004-2005 approximately 5 more groups are working on charter applications. Most communities in New Hampshire are growth communities and so it may be that the cap will need to be lifted to accommodate requests for new schools, especially if the local authorization method is not corrected to be more functional.
   

 

 

 

 

 

II. The proposed charter school application shall be presented for approval directly to the state board of education by the applicant for the prospective charter school. The content of such application shall conform to the requirements set forth in RSA 194-B:3, II(a)-(bb) and (dd). The department of education shall notify an applicant of any missing information within 10 days of the initial filing. The applicant shall file any missing information before the department reviews the application.


III. The department of education may forward the proposed application to the applicant, along with a written statement detailing any suggested amendments or modifications.


IV. The state board of education shall either approve or deny an application using reasonable discretion in the assessment of the elements set forth in RSA 194-B:3, II, (a)-(bb) and (dd). Approval of an application constitutes the granting of charter status and the right to operate as a public charter school. The state board of education shall notify all applicants of its decision in writing, and shall include in any notice of denial a written statement specifying any areas deemed deficient, the reasons for the denial, and explaining that the applicant may reapply under RSA 194-B:3, RSA 194-B:4, or under this section in a subsequent year.


V. (a) The following provisions of law shall not apply to charter school applications proposed under this section, or to charter schools granted approval for operation under this section:

 

Text Box: The sections below disconnect state-authorized charter schools from districts since the “state” is the authorizer and charter schools are accountable to their authorizer.
         

 

 

 

(1) RSA 194-B:3, II(cc).   [the contract with the local district authorizer]
(2) RSA 194-B:3, III-IV.  [the procedures for approval from the district authorizer]
(3) RSA 194-B:3, XI.        [the procedure for amendment through the district authorizer]
(4) RSA 194-B:4. [the procedures for districts enabling themselves to use the enabling  legislation.]
(5) RSA 194-B:15, II.  [the procedures for bringing grievances to the district authorizer]


  (b) Except as provided in this paragraph, the provisions of RSA 194-B shall apply to charter schools approved for operation by the state board of education under this section.

 

Text Box: The above provision is quite important—it states that all the other provisions for charter schools apply to state-authorized charter schools except the procedures for approval, oversight, and contract with the district.


     

 

 

 

  (c) Not more than 10 percent of the resident pupils in any grade shall be eligible to transfer to a charter school in any school year without the approval of the local school board.

Source. 2003, 273:1, eff. July 1, 2003. 2004, 222:4, 5, eff. June 11, 2004.