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| 2 | 2 | | SENATE DOCKET, NO. 1236 FILED ON: 1/15/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 393 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Jason M. Lewis |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the net school spending cap. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1236 FILED ON: 1/15/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 393 |
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| 18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 393) of Jason M. Lewis for |
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| 19 | 19 | | legislation relative to the net school spending cap. Education. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 304 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to the net school spending cap. |
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| 28 | 28 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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| 29 | 29 | | clarify the school district net school spending cap, therefore it is hereby declared to be an |
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| 30 | 30 | | emergency law, necessary for the immediate preservation of the public convenience. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 SECTION 1. Paragraph (3) of subsection (i) of section 89 of chapter 71 of the General |
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| 34 | 34 | | 2Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third |
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| 35 | 35 | | 3paragraph and inserting in place thereof the following paragraph:- |
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| 36 | 36 | | 4 If a district is no longer in the lowest 10 per cent, the net school spending cap shall be 9 |
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| 37 | 37 | | 5per cent, unless the district net school spending was above 9 per cent in the year prior to moving |
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| 38 | 38 | | 6out of the lowest 10 per cent in which case the net school spending cap shall remain at the actual |
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| 39 | 39 | | 7spending level plus enrollment previously approved by the board; provided, that for the purposes |
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| 40 | 40 | | 8of a regional charter school, enrollment previously approved by the board shall mean the actual 2 of 3 |
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| 41 | 41 | | 9enrollment of students from a district as a portion of the total enrollment previously approved by |
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| 42 | 42 | | 10the board for the regional charter school. The department shall determine and make available to |
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| 43 | 43 | | 11the public a list of the school districts in said lowest 10 per cent. |
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| 44 | 44 | | 12 The department shall not approve any additional seats for charter schools that originate |
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| 45 | 45 | | 13from a sending district that moved out of the lowest 10 per cent if the net school spending cap of |
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| 46 | 46 | | 14the sending district was above 9 per cent at the time that the sending school district moved out of |
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| 47 | 47 | | 15the lowest 10 per cent, provided that any district costs related to seats previously approved in |
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| 48 | 48 | | 16contradiction to this paragraph shall be borne by the department. |
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| 49 | 49 | | 17 The department shall provide the total tuition amount owed by the sending district |
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| 50 | 50 | | 18calculated for each enrolled charter school student from a district that is no longer in the lowest |
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| 51 | 51 | | 1910 per cent who was permitted to enroll notwithstanding the net school spending cap. The |
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| 52 | 52 | | 20department shall not require a charter school or the district to reimburse the department for said |
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| 53 | 53 | | 21tuition amount. The state treasurer shall not deduct the tuition amount from the district’s state |
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| 54 | 54 | | 22school aid, as defined in section 2 of chapter 70 of the General Laws. |
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| 55 | 55 | | 23 SECTION 2. The department of elementary and secondary education shall provide the |
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| 56 | 56 | | 24total tuition amount owed by the sending district calculated pursuant to section 89 of chapter 71 |
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| 57 | 57 | | 25of the General Laws for each enrolled charter school student from a district that is no longer in |
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| 58 | 58 | | 26the lowest 10 per cent pursuant to said section 89 of said chapter 71 who was permitted to enroll |
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| 59 | 59 | | 27notwithstanding the net school spending cap. The department of elementary and secondary |
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| 60 | 60 | | 28education shall not require a charter school or the district to reimburse the department for said |
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| 61 | 61 | | 29tuition amount. The state treasurer shall not deduct the tuition amount from the district’s state |
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| 62 | 62 | | 30school aid, as defined in section 2 of chapter 70 of the General Laws. 3 of 3 |
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| 63 | 63 | | 31 SECTION 3. Nothing in this act shall be construed to require a charter school to unenroll |
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| 64 | 64 | | 32any student currently in attendance on or before August 1, 2024. |
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