New Hampshire Revised Statutes 194-B:5 – Chartered Public Schools; Authority and Duties of Board of Trustees
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I. Unless otherwise provided in this chapter, the board of trustees of a chartered public school, upon issuance of its charter, shall have general supervisory control and authority over the operations of the chartered public school.
II. No greater than 25 percent of the membership of a school board, or one member, whichever number is greater, may simultaneously serve as members of the board of trustees of a charter or charter conversion school. No greater than 25 percent of the membership of the board of trustees of a charter or charter conversion school, or one member, whichever is greater, may simultaneously serve as members of any school board. A chartered public school board of trustees shall include no fewer than 25 percent or 2 parents of pupils attending the chartered public school, whichever is greater. Teachers of a chartered public school may serve on its board of trustees.
III. Notwithstanding N.H. Rev. Stat. § 194-B:1, IV, an established chartered public school shall be a corporation, which shall be registered with the secretary of state after receiving approval under this chapter but before its first day of actual operation, with authority necessary or desirable to carry out its charter program including, but not limited to, the following:
(a) To adopt a name and corporate seal, provided that any name selected shall include the words “chartered public school.”
(b) To sue and be sued, but only to the same extent and upon the same conditions that a town can be sued.
(c) To acquire real property from public or private sources by lease, by lease with an option to purchase, or by gift for use as a school facility, provided that such acquisition is consistent with established school purposes.
(d) To receive and disburse funds for school purposes.
(e) To make contracts and leases for the procurement of services, equipment, and supplies, provided that:
(1) If the board of trustees intends to procure substantially all educational services under contract with another person or entity, the terms of such a contract shall be provided in an addendum in the school’s contract.
(2) The state board and the school board shall not approve any such contract terms, the purpose or effect of which is to avoid the prohibition in this chapter against chartered public school status for nonpublic schools.
(f) To incur temporary debt in anticipation of receipt of funds.
(g) To solicit, accept, manage, and use any grants or gifts, provided that such activities are consistent with established school purposes.
(h) To incur long-term debt for the purpose of purchasing buildings or land, or for new construction or renovations to existing buildings. The state shall not be liable for any debt or other financial obligation incurred under this subparagraph.
(i) To have such other powers that are available to a business corporation formed under N.H. Rev. Stat. Chapter 293-A and that are not inconsistent with this chapter.
IV. The board of trustees shall report to the school board at least quarterly for public information purposes only, regarding the progress of the chartered public school’s achievement of its stated goals. The chartered public school shall solicit advice from the school board. The school board and the chartered public school shall adopt mutually acceptable content requirements for the quarterly report which shall include, but not be limited to, a financial statement. During the pilot program in N.H. Rev. Stat. § 194-B:20, the school board shall forward the trustees’ reports with its evaluation to the state board and the legislative oversight committee.
IV-a. [Repealed.]
V. A chartered public school and the host school district are encouraged to enter into mutually advantageous contractual relationships resulting in the sharing of transportation, instructional, athletic, maintenance, and other services and facilities.
VI. The meetings and proceedings of the board of trustees shall be held in public session pursuant to N.H. Rev. Stat. § 91-A:2, except for those meetings or proceedings designated as nonpublic sessions as defined in N.H. Rev. Stat. § 91-A:3, II.
VII. Any member of a chartered public school board of trustees who also serves as an employee, agent, or board member of any for-profit entity with whom the chartered public school contracts for goods or services shall make public disclosure of such fact and shall recuse oneself from any business the chartered public 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 chartered public school board of trustees who executes a contract in violation of this paragraph may be held personally liable to the chartered public school for any damages caused by such contract.
VIII. (a) A chartered public school and a resident district of a student with disabilities shall enter into a memorandum of understanding (MOU) to ensure compliance with N.H. Rev. Stat. § 194-B:3, II(e). The MOU shall include, but not be limited to, the following: how the chartered public school and school district will cooperate with each other per N.H. Rev. Stat. § 194-B:11, III(c) and how the school district proposes to provide special education services and supports to students with disabilities within the chartered public school to ensure a free appropriate public education and adherence to state and federal special education laws, rules, and regulations. The MOU may also contain, but is not limited to, the following information: where the services will be provided and whether the school district will provide the services directly, or through a contract with the chartered public school or outside provider.
(b) The department of education shall develop and provide chartered public schools and school districts with a model MOU document to use as a guide.
(c) Prior to the start of each school year, the chartered public school and the school district shall review and update the MOU to ensure compliance with state and federal law and responsibilities to provide services in accordance with individualized education plans.
II. No greater than 25 percent of the membership of a school board, or one member, whichever number is greater, may simultaneously serve as members of the board of trustees of a charter or charter conversion school. No greater than 25 percent of the membership of the board of trustees of a charter or charter conversion school, or one member, whichever is greater, may simultaneously serve as members of any school board. A chartered public school board of trustees shall include no fewer than 25 percent or 2 parents of pupils attending the chartered public school, whichever is greater. Teachers of a chartered public school may serve on its board of trustees.
Terms Used In New Hampshire Revised Statutes 194-B:5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Notwithstanding N.H. Rev. Stat. § 194-B:1, IV, an established chartered public school shall be a corporation, which shall be registered with the secretary of state after receiving approval under this chapter but before its first day of actual operation, with authority necessary or desirable to carry out its charter program including, but not limited to, the following:
(a) To adopt a name and corporate seal, provided that any name selected shall include the words “chartered public school.”
(b) To sue and be sued, but only to the same extent and upon the same conditions that a town can be sued.
(c) To acquire real property from public or private sources by lease, by lease with an option to purchase, or by gift for use as a school facility, provided that such acquisition is consistent with established school purposes.
(d) To receive and disburse funds for school purposes.
(e) To make contracts and leases for the procurement of services, equipment, and supplies, provided that:
(1) If the board of trustees intends to procure substantially all educational services under contract with another person or entity, the terms of such a contract shall be provided in an addendum in the school’s contract.
(2) The state board and the school board shall not approve any such contract terms, the purpose or effect of which is to avoid the prohibition in this chapter against chartered public school status for nonpublic schools.
(f) To incur temporary debt in anticipation of receipt of funds.
(g) To solicit, accept, manage, and use any grants or gifts, provided that such activities are consistent with established school purposes.
(h) To incur long-term debt for the purpose of purchasing buildings or land, or for new construction or renovations to existing buildings. The state shall not be liable for any debt or other financial obligation incurred under this subparagraph.
(i) To have such other powers that are available to a business corporation formed under N.H. Rev. Stat. Chapter 293-A and that are not inconsistent with this chapter.
IV. The board of trustees shall report to the school board at least quarterly for public information purposes only, regarding the progress of the chartered public school’s achievement of its stated goals. The chartered public school shall solicit advice from the school board. The school board and the chartered public school shall adopt mutually acceptable content requirements for the quarterly report which shall include, but not be limited to, a financial statement. During the pilot program in N.H. Rev. Stat. § 194-B:20, the school board shall forward the trustees’ reports with its evaluation to the state board and the legislative oversight committee.
IV-a. [Repealed.]
V. A chartered public school and the host school district are encouraged to enter into mutually advantageous contractual relationships resulting in the sharing of transportation, instructional, athletic, maintenance, and other services and facilities.
VI. The meetings and proceedings of the board of trustees shall be held in public session pursuant to N.H. Rev. Stat. § 91-A:2, except for those meetings or proceedings designated as nonpublic sessions as defined in N.H. Rev. Stat. § 91-A:3, II.
VII. Any member of a chartered public school board of trustees who also serves as an employee, agent, or board member of any for-profit entity with whom the chartered public school contracts for goods or services shall make public disclosure of such fact and shall recuse oneself from any business the chartered public 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 chartered public school board of trustees who executes a contract in violation of this paragraph may be held personally liable to the chartered public school for any damages caused by such contract.
VIII. (a) A chartered public school and a resident district of a student with disabilities shall enter into a memorandum of understanding (MOU) to ensure compliance with N.H. Rev. Stat. § 194-B:3, II(e). The MOU shall include, but not be limited to, the following: how the chartered public school and school district will cooperate with each other per N.H. Rev. Stat. § 194-B:11, III(c) and how the school district proposes to provide special education services and supports to students with disabilities within the chartered public school to ensure a free appropriate public education and adherence to state and federal special education laws, rules, and regulations. The MOU may also contain, but is not limited to, the following information: where the services will be provided and whether the school district will provide the services directly, or through a contract with the chartered public school or outside provider.
(b) The department of education shall develop and provide chartered public schools and school districts with a model MOU document to use as a guide.
(c) Prior to the start of each school year, the chartered public school and the school district shall review and update the MOU to ensure compliance with state and federal law and responsibilities to provide services in accordance with individualized education plans.