Special Report
Law & Courts

Fitch: Charter School Caps Could Cost N.H. Money

By The Associated Press — June 09, 2009 4 min read
  • Save to favorites
  • Print

CONCORD, N.H. (AP) — New Hampshire budget negotiators said Tuesday they will heed a warning from the attorney general’s office that a proposed cap on charter school enrollments could cost the state some federal money.

In the new state budget, the Senate proposed capping charter school enrollment at 850 pupils in 2010 and 950 in 2011.

In work to close the state budget shortfall, legislators are trying to resolve a school-funding issue of double counting when students attend traditional schools but also take online charter school classes.

But Deputy Attorney General Bud Fitch told negotiators Tuesday the caps could jeopardize plans to use $160 million in federal stimulus funds for school aid. He said states must adhere to existing school-aid rules under the federal stimulus regulations.

Critics also complain the caps would force charter schools to ask some students to leave.

At the meeting, House Finance Committee Chairwoman Marjorie Smith told Deputy Education Commissioner Mary Heath the proposed cap would be removed. Negotiators, instead, will explore ways for the state to avoid paying double for students who attend both regular and charter schools.

“We need something for this budget,” Smith, D-Durham, said. “We are not going to keep the cap, but we don’t have an inexhaustible supply of money.”

Smith directed Heath to come up with a formula within 48 hours.

Fitch’s warning came on the second day of negotiations between the House and Senate over a compromise budget for the two years beginning July 1. The deadline to reach an agreement is June 18.

The governor and lawmakers have struggled to close a $650 million revenue gap in the $3.2 billion in spending from general state revenues that affect New Hampshire residents. The total budget is expected to be closer to $11.6 billion when federal and other funds are included.

Budgets proposed by the governor, House and Senate agree on closing the state-run Tobey School in Concord for children with behavioral problems — though they differ on how quickly. The small school is expensive to run and has faced closure in the past.

The school is approved for 12 day students and 22 residential students, but enrollment this spring dipped to 20. Once closed, students would be taught in home districts or other settings.

Negotiators discussed possible uses for the building once empty. Administrative Services Commissioner Linda Hodgdon told negotiators it would cost $50,000 annually to heat the building to serve as an overnight refuge for homeless families.

Negotiators suggested she discuss with Concord officials if the city would participate financially.

New Hampshire budget negotiators said Tuesday they will heed a warning from the attorney general’s office that a proposed cap on charter school enrollments could cost the state some federal money.

In the new state budget, the Senate proposed capping charter school enrollment at 850 pupils in 2010 and 950 in 2011.

In work to close the state budget shortfall, legislators are trying to resolve a school-funding issue of double counting when students attend traditional schools but also take online charter school classes.

But Deputy Attorney General Bud Fitch told negotiators Tuesday the caps could jeopardize plans to use $160 million in federal stimulus funds for school aid. He said states must adhere to existing school-aid rules under the federal stimulus regulations.

Critics also complain the caps would force charter schools to ask some students to leave.

At the meeting, House Finance Committee Chairwoman Marjorie Smith told Deputy Education Commissioner Mary Heath the proposed cap would be removed. Negotiators, instead, will explore ways for the state to avoid paying double for students who attend both regular and charter schools.

“We need something for this budget,” Smith, D-Durham, said. “We are not going to keep the cap, but we don’t have an inexhaustible supply of money.”

Smith directed Heath to come up with a formula within 48 hours.

Fitch’s warning came on the second day of negotiations between the House and Senate over a compromise budget for the two years beginning July 1. The deadline to reach an agreement is June 18.

The governor and lawmakers have struggled to close a $650 million revenue gap in the $3.2 billion in spending from general state revenues that affect New Hampshire residents. The total budget is expected to be closer to $11.6 billion when federal and other funds are included.

Budgets proposed by the governor, House and Senate agree on closing the state-run Tobey School in Concord for children with behavioral problems — though they differ on how quickly. The small school is expensive to run and has faced closure in the past.

The school is approved for 12 day students and 22 residential students, but enrollment this spring dipped to 20. Once closed, students would be taught in home districts or other settings.

Negotiators discussed possible uses for the building once empty. Administrative Services Commissioner Linda Hodgdon told negotiators it would cost $50,000 annually to heat the building to serve as an overnight refuge for homeless families.

Negotiators suggested she discuss with Concord officials if the city would participate financially.

Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP