New Hampshire Center for School Reform


www.nhschoolreform.org

 Telephone:  603.224.0366                    Fax:  603.224.8366
Concord, NH 03301 Email: info@nhschoolreform.org

LEGISLATIVE ALERT

NEW CHARTER SCHOOL APPLICATIONS

DUE PRIOR TO jULY 1ST

June 27, 2007

 

  • OUTCOME OF SENATE’S PROPOSAL REPEALING STATE AUTHORIZATION
  • OUTCOME OF STATE FUNDING FIX FOR CURRENT CHARTER SCHOOLS
  • US DEPARTMENT OF ED DENIES NEW SCHOOLS 2nd YEAR FUNDING
  • OTHER OUTCOMES; LEGISLATIVE CALENDARS

 

OUTCOME OF SENATE PROPOSAL REPEALING STATE AUTHORIZATION

The Committee of Conference did not support the repeal of RSA 194-B:3-a, the 2003 pilot program allowing the State Board of Education to authorize 20 charter schools.

Instead, a 2-year moratorium was recommended. Currently, New Hampshire has 15 authorized charter schools—75% of the total schools allowed under RSA 194-B:3-a.

The new provision:

“No new charter schools shall be approved by the state board of education under the provisions of RSA 194-B:3-a between July 1, 2007 and June 30, 2009, provided that a charter school application filed prior to July 1, 2007 which is scheduled to be acted upon by the state board of education on or before October 1, 2007 shall be exempt from this prohibition. Nothing in this section shall affect the validity of a charter school approved by the state board of education under RSA 194-B:3-a prior to July 1, 2007. [bold is added by editor]

Analysis:

  1. Groups in the process of submitting a statewide open enrollment charter school application, have only days to submit. 
  2. The local authorization provision is still in effect and new schools can emerge in this manner during the moratorium on state authorization. Local authorization provisions are unwieldy, confusing, and far too time-consuming; however, certain cities can enact these provisions easily and within a year (cities where the legislative authority for school budgets is the board of alderman or school board). For other communities, streamlining of the overly-lengthy procedural requirements is possible, if planned in advance.  
  3. A brief moratorium may help the state refine its understanding of charter schools and how to best integrate them into the system of public schools. That would be a good outcome from the short moratorium.
  4. A moratorium of any kind, for any length, impairs New Hampshire’s ability to draw in federal funds that support change and choice. The legislature could decide to end the moratorium after one year so the state’s grant funding capacity is not harmed. One year to review prior and current funding options should be adequate.

OUTCOME OF STATE FUNDING FIX FOR CURRENT CHARTER SCHOOLS

The Committee of Conference report on HB 2-FN-A, an act relative to state fees, funds, revenues, and expenditures makes this budget comment, Item 92.

The amended provision:

Charter School Appropriations for the Biennium Ending June 30, 2009.  Notwithstanding the appropriations made in PAU 06, 03, 03, 01, 27, class 97, and any related footnotes, the total amount of charter school supplemental grants appropriate in PAU 06, 03, 03, 01,27, class 97 for the biennium ending June 30, 2009 shall be available to the department of education for the fiscal year ending June 30, 2008, for disbursement to the Cocheco Arts and Technology Academy, the Franklin Career Academy, and the Seacoast Charter School.  Any supplemental grant funds which are unexpended at the end of the 2008 fiscal year shall not lapse and shall be available for disbursement in the 2009 fiscal year.”

Analysis:

1. The PAU number refers to a line item in the budget titled CHARTER SCHOOL SEED GRANTS. The draft budget from April included $400,000 each of the two next years. State grants were reinstated last year to show state support for starting charter schools and the funding was designated for newly approved schools—to provide additional funds for start-up including salaries and rent. This provision changes the use intended.
2. The $400,000 allowed each of the next 2 years has been moved into one year—2008. Three schools have been specifically named for grants. However, since this provision was voted by the Committee of Conference, other charter schools have been notified they would not be awarded their 2nd and 3rd-year start-up grants through New Hampshire’s Department of Education.
3. The wording does not say how much per student will be disbursed. These funds are managed by the State Board of Education. Statutory guidelines for handling this grant fund are in RSA 194-B: 11: Grants under this section shall be administered and determined by the state board of education which shall have the authority to develop a grant application, written procedures and criteria used to determine eligibility for grants, and procedures for the administration of grants by recipients, including reporting requirements.
4. It is still possible to increase this fund through a transfer—the charter school statute allows for this under RSA 194-B: 11: The total grants provided under this program shall not exceed the amount of money appropriated in the budget, or transferred, or provided by gift or grant to the state for this purpose.

US DEPARTMENT OF ED DENIES NEW SCHOOLS 2nd YEAR FUNDING

Several new charter schools are opening in September after months and years of preparation. These schools learned yesterday that their 3-year, already-approved, start-up grant will not be allowed, as approved, for 2nd and 3rd years through the New Hampshire Department of Education. The schools have relied on their 36-month start-up grant approval. Charter schools in this situation must apply anew to the US Department of Education.

The June 26th, 2007, letter from John Fiegel, US Department of Education, Director of Parent Options and Information, states:

Because the New Hampshire Department of Education has already been given a 12 month extension and was unable to expend remaining funds, and since a grant cannot be extended simply to carry forward unexpended funds into an extended time period for new activities, this letter is to inform you that this request for a second no-cost extension is denied.  Any eligible applicant, including the two charter schools mentioned in your request needing additional implementation funds, may apply directly to the U.S. Department of Education under announced competitions for planning and initial implementation funds. 

Analysis:

1. The federal government has firm but often daunting guidelines with which, apparently, the state did not meet in order to continue existing approved grants. To be fair, there are more people on one floor of the US DOE building than there are residents in some New Hampshire towns. Small states and small organizations have difficulty knowing every guideline. There is not a lot of pre-submission technical support for small states like New Hampshire trying to work within these unfamiliar guidelines. And so our state’s request to extend its federal grant so that  completely approved, 36-month start-up funding can continue was disallowed.  The denial letter states:

According to EDGAR Section 74.25(e), a grantee may not be granted a no-cost extension simply to obligate unexpended or un-drawn funds after the objectives of the project have been met.  Further, ED cannot obligate additional funds to the grant for the extension nor permit the grantee to conduct activities outside the scope and objectives of the approved project.” 

??? How can the project objectives be met, one could ask, if the 36-months of approved funding for certain schools—the primary purpose of the state grant--has not been completed?

2. There is a process for charter schools in this position to write new grant applications and compete with others to complete their 36-month grant cycle. This imposes a lot of additional administrative work on small schools trying to open in September. Grants are due August 20th, 2007.

 

OTHER OUTCOMES; LEGISLATIVE CALENDARS

Our website has links to House Calendars and Senate Calendars…allowing you to quickly link to see what meetings are scheduled and what reports are written about new and revised legislation. 

Here are excerpts from the House and Senate Calendars. Only a few days remain for legislative activity this session.

HOUSE CALENDAR, excerpts

Friday, June 22, 2007

MEMBERS OF THE HOUSE:

The House will meet in session on Wednesday, June 27th, at 10:00 a.m. The House will take up Committee of Conference reports which will be placed in seat pockets on either Monday or Tuesday.…….

There will be no legislative business in July. Thereafter, legislative business will be restricted to Tuesdays, Wednesdays and Thursdays.

 Terie Norelli, Speaker

COMMITTEE OF CONFERENCE

HOUSE BILLS…REPORT

 

COMMITTEE OF CONFERENCE STATEMENTS

HOUSE BILLS

HB 1-A, making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2008 and June 30, 2009.

Statement not available when calendar sent to print.

HB 2-FN-A, relative to state fees, funds, revenues, and expenditures.

 

Statement not available when calendar sent to print.

 

HB 95-L, relative to the treatment of charter school pupils in the definition of average daily membership in residence.

The House and Senate conferees were unable to reach agreement on HB 95.  The Senate amended the original bill with an amendment which is the same as a bill retained by the House Finance Committee.  There were many unresolved issues and the conferees agreed to let the Finance Committee complete its work on the bill.

Rep. J. Timothy Dunn

 

Thursday, June 28th

WAYS AND MEANS, Room 202, LOB

9:00 a.m.          Sales tax subcommittee work session on retained HB 145, establishing an education funding study committee.

10:00 a.m.        Property tax subcommittee work session on retained HB 912-FN-A-L, establishing the New Hampshire homestead plan, and subcommittee on retained HB 145, establishing an education funding study committee.

11:00 a.m.        Income tax subcommittee work session on retained HB 145, establishing an education funding study committee.

1:00 p.m.          Subcommittee work session on retained HB 520-FN-A, establishing a state-owned casino to provide funds for public education, HB 886-FN-A-L, relative to funding an adequate education, HB 637-FN-A-L, establishing a gaming oversight authority and video lottery gaming, and Casino subcommittee work session on HB 145, establishing an education funding study committee.

 

HOUSE DEADLINES

Wednesday, June 27, 2007

Last day to act on Committee of Conference reports

Monday, September 10, 2007

First day to file legislation for 2008 Session

Friday, September 21, 2007 at 4:00 p.m.

Last day to file legislation for 2008 Session

Friday, November 2, 2007 at 4:00 p.m.

Last day to sign off 2008 legislation

Friday, November 16, 2007

Last day to report retained bills

Wednesday, January 2, 2008

Last day to introduce House bills for 2008

LAID ON TABLE

HB 92, decriminalizing marijuana.  (Pending question is the adoption of the committee report of Inexpedient to Legislate.)

HB 109, eliminating straight ticket voting.  (Pending question is the adoption of the committee report of Inexpedient to Legislate.)

HB 177-FN, including  “unborn child” in the definition of “another” for the purpose of first and second degree murder, manslaughter, and negligent homicide.  (Pending question is the adoption of the committee report of Inexpedient to Legislate.)

HB 234, establishing a committee to study state environmental laboratory fees and services.  (Pending question is the adoption of the committee amendment.)

HB 674, extending the veterans’ property tax credit to all honorably discharged veterans.  (No pending question.)

HB 745, relative to the use of secret databases.  (No pending question.)

HR 12, affirming revenue estimates for fiscal years 2007, 2008, and 2009. (Pending question is adoption of the motion of Ought to Pass.)

SB 73-FN-A, relative to lottery prizes and administration by the lottery commission.  (Pending question is adoption of the majority committee report of Inexpedient to Legislate.)

SB 88, relative to public employee terms of employment, bargaining units, and dispute resolution.  (Pending question is adoption of the majority report of Ought to Pass with Amendment.)

SB 191-FN-A, relative to the nongame species account in the fish and game fund.  (Pending question is adoption of the committee report of Inexpedient to Legislate.)

 

 


For more information about chartered public schools, click here. To view the complete listing of new schools in New Hampshire, click here. Visit our web site. Read up on the basics of charter schools in New Hampshire. We welcome questions and suggestions. So contact us. Know someone who might like our newsletter? Let us know.


 Telephone:  603.224.0366                   Fax:  603.224.8366
Concord, NH 03301 Email:  info@nhschoolreform.org