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Senate draft narrows school‑approval moratorium so tax‑status changes for therapeutic schools do not trigger reapproval
Summary
Legislative Council said the Senate added a limited exception to the 2023 moratorium on approval of new independent schools so that a therapeutic approved independent school’s change in tax status or conversion to nonprofit would not automatically affect its approval status.
The House Education Committee heard May 14 that the Senate draft of H.480 inserts a narrow exception into the moratorium on approval of new independent schools created in the 2023 budget.
Beth St. James explained the amendment reads, in effect, that ‘‘notwithstanding subsection A, a change in either tax status or conversion to a nonprofit organization by a therapeutic approved independent school, absent any other changes, shall not affect the approval status of the school.’’ St. James said she had consulted with State Board Chair Jennifer Samuelson in drafting and that the language is intended to reassure organizations contemplating a tax‑status change that the moratorium would not be triggered by that change alone.
St. James told members she was not certain statutory or rule language made the point explicit prior to this amendment, and she encouraged the committee to seek any testimony from schools or AOE staff who could clarify administrative practice. Committee members said they expected testimony later in the day on the narrow exception and that, because school‑approval processes are primarily administrative, the provision might be legally unnecessary but could be useful for clarity.
No formal action was taken at the briefing; members planned to hear witnesses and consider whether to retain the language.
