New Hampshire

New Hampshire law does not place any caps on charter school growth.

New Hampshire law allows new start-ups and public school conversions.

In one route, New Hampshire law provides that the local school board and the state board of education approve the application. It also allows applicants denied by the local school board to appeal to the state board. In a second route, New Hampshire law allows applicants to apply directly to the state board of education.

To become an authorizer, New Hampshire law requires the local school district to vote to participate, but it does not require local school boards to affirm their interest in chartering to the state.
While the law does not require the legislature and governor to regularly review the performance of the state board of education as an authorizer, they can do so at any time. In addition, the ability of the state board of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).
By statute, the state board of education must convene one or more working committees to study and make recommendations regarding the implementation and effectiveness of charter schools, with such recommendations provided to a joint legislative oversight committee. In turn, the joint legislative oversight committee must prepare an annual report regarding any recommended legislative changes.

New Hampshire law does not include any of the model law's provisions for adequate authorizer funding.

New Hampshire law includes a long list of items that must be included in an application. It also contains additional application elements specific to conversion schools and specific when using educational service providers.
Statute and regulations require a thorough evaluation of each application including an in-person interview and a public meeting.

New Hampshire law requires that application decisions be made at a public meeting, with written reasons specifying areas deemed deficient provided for denials.

New Hampshire law requires the use of a charter contract and provides a detailed list of required contractual items that focus on the roles and responsibilities of the school but do not cover the roles and responsibilities of the authorizer.
It requires the contract to include academic and other learning goals and objectives as well as achievement tests to be used to measure pupil academic and other goal achievement for specific subject areas.

New Hampshire law provides that the initial charter contract is for a five-year term.

New Hampshire law requires each charter school’s board of trustees to report to their authorizer at least quarterly, for public information purposes, the progress of achieving the charter’s stated goals and their finances.
New Hampshire law requires all charter schools to complete an annual financial audit and submit the result to the state board (similar to all school districts). In addition, the law requires that charter schools be subject to a first year program audit by the state department of education or its agent and to a program audit by the state department of education at least once every three years thereafter.

Statute also includes many monitoring responsibilities for authorizers. Statute requires the state board to give notice of any concerns and allows it to require the implementation of a remedial plan and to place schools on probationary status for up to one year.

Regulations require the charter school board of trustees to apply for renewal no later than one year before the original charter is set to expire and require this application to include the school's fourth-year annual report for their first renewal and the most recent report for future renewals.
New Hampshire law requires that a charter school must meet or exceed the objective academic test results or standards and goals as set forth in it application in order to be renewed.

During the term of a charter, New Hampshire law provides that any charter school parent (or local school board involved) can submit a written petition to the state board or request the revocation of a charter. The law provides that after reasonable notice has been provided to all affected parties, the state board may revoke a school's charter prior to the expiration of its term under the following circumstances: the school commits a material violation of any of the conditions, standards, or procedures set forth in its charter application and contract; the school fails to meet generally accepted standards for fiscal management; the school significantly violates the law; the school makes a material misrepresentation in its application or contract application; or the school becomes insolvent or financially unstable.

Statute indicates that renewals are for a term of five years.

The law provides charter schools with due process for nonrenewal and revocation decisions including a written notice of concerns and the right to a public hearing.

The law requires renewal, nonrenewal, and revocation decisions to be made in a public hearing, with authorizers stating reasons for non-renewals and revocations in writing.

Statute requires provisions for dissolution of a given charter school (including disposition of its assets as well as a plan for the education of the school’s pupils) be detailed in the contract. In addition, statute details the disposition of assets if not clear within the charter contract.

New Hampshire law allows charters to contract with outside entities to manage the school and requires them to include the terms of any such outside contract within an addendum in the school’s charter contract, with such terms reviewed and approved by the authorizer.
Statute also specifically requires any conflict of interest between a board of trustee member and any for-profit entity in which a contract is being sought for services to be made public and requires that board member to recuse himself from any issues related to that entity. If not, the law gives the state commissioner of education the authority to void the contact and provides that the board member can be held personally liable to the charter school for any damages caused by such contract.

New Hampshire law provides that charter schools must operate as a nonprofit secular organization, be independent of any local school board, and be managed by a board of trustees having general supervisory control and authority over the operations of the chartered school.

New Hampshire law requires charter schools to provide open enrollment to any student in the state. However, it also provides that students who are a resident of the district where the school is located must be given admission preference over a nonresident pupil.
New Hampshire law provides that a charter school shall not discriminate nor violate individual civil rights in any manner prohibited by law and shall not discriminate against any child with a disability.

New Hampshire law requires that students in conversion schools be given preference in such schools and that prior year students within chartered schools be given preference.

Regulations require a charter application to describe the preferential status, if any, of children of the founding members of the charter school.

New Hampshire law requires a lottery to be used if interest exceeds capacity.

New Hampshire law provides that charter schools are fully exempt from state laws and rules that otherwise apply to public or nonpublic schools.
New Hampshire law requires at least 50% of charter school teaching staff to be certified or have three years teaching experience.

New Hampshire state law requires collective bargaining for non-charter public school teachers. Collective bargaining must cover seven topics: wages, hours, terms and conditions of employment, extracurricular duties, leave, dismissal, and grievance procedures. One topic, class load or size, may be bargained. Only one item, management rights, is expressly excluded from collective bargaining. New Hampshire law does not require charter schools to participate in existing district bargaining agreements. The state charter statute also specifies that any bargaining units at a charter school must be separate from other bargaining units.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, New Hampshire allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. There has not been any reactive legislation enacted.
The Public Employee Labor Relations Board (PELRB) can certify an exclusive representative. To initiate an election, at least 30 percent of the employees in a unit must petition the PELRB for an election (or an employer must allege that a majority of employees no longer support the current representative). The PELRB will hold a hearing to determine the grounds for an election, and if they are met, an election will be held. The ballot must contain an option for non-representation, and the election is decided by majority vote. If no majority vote is reached, a runoff election is held. If a majority of employees vote for no representation, then another election cannot be held for 12 months.

New Hampshire law is silent regarding these arrangements.

The law provides the ability of public chartered school pupils to participate in programs and co-curricular activities in their resident district.

New Hampshire law provides that the funding and educational decision-making process for children with disabilities attending a chartered public school is the responsibility of the resident district and must retain all current options available to the parent and to the school district. The law clearly indicates that the district is the local educational agency responsible for providing special education services.
The law provides that funding for chartered public school students receiving special education services be paid directly to the school district in which the student resides. The law excludes Individuals with Disabilities Education Act funds from the requirement that school districts direct certain federal funds to a chartered public school.

For any charter schools approved by a local school board, New Hampshire law provides that a minimum of 80% of the per-pupil expenditures in the school district follows a student to schools.
For charter schools approved by the state board of education, New Hampshire law provides that the state’s annual per pupil contribution to public education (that is, adequacy and disparity aid) follows a student to school.

In theory, charter schools are eligible for all applicable categorical funding, but clear guidance regarding some funds is not available.

The law provides that students attending a chartered public school shall be provided bus transportation to their school on the same terms and conditions provided for students attending non-chartered public schools.
The bulk of the state’s charters are authorized by the state board of education, not local school boards. According to recent data, the state-authorized charters receive $6,958 per pupil, as compared to state average for district students of approximately $13,000 per pupil.

New Hampshire law provides that charter public schools are eligible to receive two types of grants through the School Building Aid Grant Program. The first type of grant allows charter conversion schools to receive funds to cover up to 30 percent of the costs related to construction. The second type of grant allows state-authorized charter schools to receive funds for up to 30 percent of the annual cost of leasing space.
New Hampshire law provides that no state school building aid shall be awarded to a chartered public school for the purpose of acquiring land or buildings, or for constructing, reconstructing, or improving the chartered public school, unless the building is owned by the school district, under lease to the chartered public school, and such lease does not include an option to purchase the building.
New Hampshire law enables the state department of education to compile a list of all unused public school facilities in the state and give charter schools the "Right of First Refusal" to purchase or lease unused public school facilities.

New Hampshire law provides that charter schools are eligible to access tax-exempt financing through the New Hampshire Health and Education Facilities Authority.

Charter schools are exempt from state and local property taxes but only if they own the building or lease from a tax-exempt entity. Charter schools that rent or lease from an entity that is not tax exempt may request up to a 90% reduction in state and local property taxes.

New Hampshire law provides that a charter school may choose to participate in the state teacher retirement system, with service in a charter school counting like any other public school.

New Hampshire law includes a small number of the model law’s provisions regarding full-time virtual charter schools. New Hampshire law provides performance-based funding for full-time virtual charter schools.