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