This bill amends existing law to empower the commissioner of the department of education to withhold public funding from schools that fail to provide special education services in compliance with state law. Specifically, it adds new language stating that if a public school does not adhere to the requirements for providing special education services, the commissioner shall halt all sources of public funding to that school until it comes into compliance. Additionally, the commissioner is required to notify the state treasurer, who will also suspend funding until compliance is certified. The bill also introduces a new subparagraph that reiterates this funding halt procedure for charter schools.

The bill does not allocate any new funding or positions but anticipates potential costs associated with monitoring compliance, particularly regarding the development of Memoranda of Understanding (MOUs) between school districts and charter schools. The Department of Education has indicated that the bill's implications are unclear, especially concerning the enforcement of federal funding withholding based on state law. While the bill aims to ensure compliance with special education requirements, the fiscal impact remains indeterminable, as it could vary significantly by district and may necessitate additional oversight personnel in the future.

Statutes affected:
Introduced: 194-B:3, 194-B:5
HB1586 text: 194-B:3, 194-B:5