TITLE XV
EDUCATION

CHAPTER 194-D
OPEN ENROLLMENT SCHOOLS

Section 194-D:5

    194-D:5 Funding. –
I. There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district. For an open enrollment school authorized by the school district, the pupil's resident district shall pay to such school an amount equal to not less than 80 percent of that district's average cost per pupil as determined by the department of education using the most recent available data as reported by the district to the department.
II. In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the school district and shall retain all current options available to the parent and to the school district.
III. Any federal or other funding available in any year to a sending district shall, to the extent and in a manner acceptable to the funding source, be directed to an open enrollment school in a receiving district on an eligible per pupil basis.
IV. The commissioner of the department of education shall apply for all federal funding available to open enrollment schools under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act, or other federal source of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.
V. A sending district may provide funds, services, equipment, materials, or personnel to an open enrollment school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.
VI. An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.
VII. An open enrollment school may receive financial aid, private gifts, grants, or revenue as if it were a school district.

Source. 2009, 241:14, eff. Sept. 14, 2009.