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Committee clarifies open‑enrollment billing and budget responsibilities; bill passes as amended
Summary
House Bill 771 was amended and passed to clarify that the sending district—rather than the receiving district—bears responsibility for recording estimated open‑enrollment expenditures and offsetting revenue; senators debated special education funding and potential for 'cherry‑picking'.
The committee considered and passed House Bill 771, an open‑enrollment clarification. The adopted amendment clarifies that the sending school district is responsible for budgeting estimated expenditures for open‑enrolled students (including tuition) and offsetting revenue estimates, aligning statutory language with current practice. The amendment also clarifies that receiving districts are not made responsible for establishing those sending‑district line items.
During discussion, Senator Olshun and others raised detailed questions about special education funding for students who change districts through open enrollment: who remains responsible for special education funding and services (the sending or receiving district) and how IEPs and 504 plans will be handled. The committee chair characterized the bill as clarifying existing practice rather than imposing new obligations, noting districts must still choose to participate in open enrollment.
Senator Rosenwald warned of potential “cherry‑picking” by receiving districts seeking less costly students, and highlighted the unresolved question of marginal savings to sending districts because many school costs are fixed. Other senators emphasized family choice and potential efficiencies—such as reducing the need for new construction in over‑capacity districts—if students use available capacity in neighboring districts.
The committee adopted the amendment and passed the bill as amended; the transcript records a committee voice vote in favor (recorded in the transcript as a favorable voice vote; final tally not specified beyond committee adoption). The committee selected Senator Innes to carry the bill forward.
Committee discussion focused on open questions to be resolved with further rulemaking or guidance, especially around special education funding and the practical accounting of per‑pupil costs when many district costs are fixed.
