Panel weighs capping tuition increases for receiving and independent schools for FY28–29
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Summary
The committee reviewed language to limit tuition increases that districts pay to receiving public and approved independent schools for FY28–29, considered requiring independent schools to comply with the Public Records Act and certify public funds are not used to subsidize private‑pay students, and asked staff for a fiscal impact analysis before finalizing amendments.
Committee staff reviewed draft language that would cap the growth in tuition payments for FY28–29. Section 2 of the draft would limit a district’s tuition payments to an amount not exceeding the average announced tuition for union elementary schools and union high schools for FY27; staff said the Agency of Education (AOE) calculates announced tuition (also discussed as "net cost per pupil" or "allowable tuition").
Section 3 would add eligibility language for approved independent schools that receive public tuition: the school would be treated as a public agency for purposes of the Public Records Act and required to provide an annual assurance to the State Board of Education that public funds were not used to subsidize private‑pay students. Drafters noted the language can be refined to clarify different tuition types (CTE, special education, pre‑K) and to specify which tuition metric (announced vs allowable) the cap would reference.
Receiving‑school representatives and committee members cautioned that tying payments to the statewide average announced tuition could cut revenue sharply for certain high‑tuition receiving schools and urged alternatives such as a percent‑growth cap (for example, capped to NIPA at 2.8%) or limiting the cap to allowable tuition rather than the statewide average announced tuition. Members requested numbers showing how much sending districts paid last year to receiving public and approved independent schools and the fiscal impact of tying increases to NIPA.
Staff (Charlotte and Julia were named in the record) were asked to return fiscal and distributional data and to produce amendment language that addresses exceptions (CTE, special education, new bond payments, life‑safety costs). The draft was left open for additional drafting; members agreed to reconvene for amendment review and a tentative placement on a future agenda.

