Weare, NH asked in Gov & Administrative Law and Education Law for New Hampshire

Q: Does SB 383-FN apply to Concord's autonomous school board?

In 2024, SB 383-FN was signed into law to establish procedures for cities and towns in New Hampshire to adopt a budget cap by school districts. I would like to know if this bill could be adopted in Concord, specifically for Concord's autonomous school board (SAU 8). I'm interested in understanding if Sections IV.(c)(1) and 32:5-e regarding the adoption of a school district budget cap address specific cases for autonomous school boards. This is particularly relevant due to upcoming decisions on school building funding in Concord within the next month or two.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, New Hampshire Senate Bill 383-FN (SB 383) can apply to Concord's autonomous school board, known as School Administrative Unit 8 (SAU 8), under certain conditions. SB 383, signed into law in August 2024, allows school districts to adopt a budget cap based on per-pupil costs and average daily membership, adjusted for inflation. This cap can be adopted if the district's legislative body raises and appropriates funds through an annual meeting, and a 3/5 majority of voters approve it citeturn0search0.

Concord's school district currently operates under a traditional meeting format, where the legislative body raises and appropriates funds through an annual meeting. Therefore, it is eligible to consider adopting the provisions of RSA 32:5-d, which would implement a budget cap as outlined in SB 383. The adoption process involves placing the question on the warrant of an annual or special meeting, holding a public hearing, and obtaining a 3/5 majority vote from those voting on the question citeturn0search0.

Regarding Sections IV.(c)(1) and 32:5-e, these sections pertain to the adoption and implementation of a school district budget cap. Section IV.(c)(1) addresses the placement of the SAU budget warrant article in the district's warrant, while Section 32:5-e outlines the adoption process for the budget cap. Since Concord's school district is eligible to adopt a budget cap under SB 383, these sections are relevant to its situation. The upcoming decisions on school building funding in Concord may be influenced by the adoption of such a budget cap, as it could impact the district's financial planning and tax implications.

For more detailed information on the adoption process and its implications, you may refer to the official documentation provided by the New Hampshire State Legislature and consult with local officials involved in the budgetary decisions.

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