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S 393

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2025-2026 Regular Session Introduced by Allen Blackmon and 15 co-sponsors

The bill sets a 9% net school spending cap for districts that leave the lowest 10%, restricts new charter seats from such districts, and requires DESE to report tuition liability w

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Bill Summary · S 393

Summary — S.393 (2025): An Act relative to the net school spending cap

Status: Introduced (Senate) 02/04/2025; Referred to committee (see metadata below).
Primary sponsor / petitioner in bill text: Senator Jason M. Lewis.
Emergency preamble: bill declared an emergency law for immediate effect.

Purpose / intent

This bill amends paragraph (3) of subsection (i) of G.L. c.71, §89 to clarify how the “net school spending” cap is applied to districts that move out of the “lowest 10 percent” group. It aims to (1) set a specific net school spending cap treatment for such districts, (2) limit further charter-seat approvals that would originate from those districts under certain conditions, and (3) require the Department of Elementary and Secondary Education (DESE) to report tuition liability for affected charter enrollments while protecting districts and charters from certain state aid deductions.

Key provisions

  • Changes G.L. c.71, §89(i)(3):
    • If a district ceases to be in the lowest 10% (by whatever metric DESE uses), its net school spending cap becomes 9% unless the district’s net school spending was already above 9% in the year before it moved out; in that case the cap remains at the district’s actual spending level plus “enrollment previously approved by the board.”
    • For regional charter schools, “enrollment previously approved by the board” is defined as the proportion of students from a district within the charter’s total previously-approved enrollment.
    • DESE must publish a list of districts in the lowest 10%.
  • DESE is prohibited from approving additional charter seats that originate from a sending district that moved out of the lowest 10% if that district’s net school spending cap was above 9% at the time it moved out. If DESE previously approved such seats in contradiction to this restriction, any associated district costs shall be borne by DESE (the department).
  • DESE must calculate and provide the total tuition amount owed by the sending district for each enrolled charter student from a district no longer in the lowest 10% who was permitted to enroll notwithstanding the net school spending cap.
    • DESE shall not require the charter school or the district to reimburse the department for that tuition amount.
    • The State Treasurer shall not deduct that tuition amount from the district’s Chapter 70 state aid.
  • Section 3: The act does not require any charter school to unenroll students who were in attendance on or before August 1, 2024.

Who is affected

  • Public school districts, particularly those moving in/out of the “lowest 10%” category.
  • Regional and local charter schools (seat approvals and enrollment accounting).
  • DESE (reporting, seat-approval authority, and potential fiscal responsibility).
  • State Treasurer (restriction on deducting tuition from Chapter 70 aid).
  • Students previously enrolled in affected charter seats.

Procedural / fiscal notes

  • The bill is declared an emergency law to take immediate effect on enactment.
  • Potential fiscal impact: DESE may incur costs for seats it is later deemed to have improperly approved; the bill shields districts and charters from reimbursement claims and from reductions in Chapter 70 aid for those tuition amounts.
  • The measure increases transparency (DESE public list) and alters approval rules for charter seat expansions tied to specific sending districts.

Important caveat

The supplied metadata for this file includes inconsistent items (a different title about motor fuel taxes, multiple committees noted, and sponsors that do not match the bill text). The legislative text attached and the bill heading identify S.393 as “An Act relative to the net school spending cap” presented by Senator Jason M. Lewis; summary above is based on that text. Users should consult the official state legislative website for the authoritative bill version, current status, and committee referrals.

Compiled from official sources — confirm details with the bill’s official record.

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