NH House Testimony

HB1093

House · 2026 sessionRepublicanSigned into law

Charter schools land-use rules

AI

Grants chartered public schools governmental-use status for land-use purposes and requires them to follow the same municipal notification and hearing procedures as other government entities before construction.

(New Title) relative to public charter schools and governmental land use exemptions.

Zoning and PlanningEducation - GeneralMunicipalities

Status

Signed into law · June 9, 2026
  1. Introduced
  2. House
  3. Senate
  4. Governor
  5. Law

Division of testimony

193 submissions
Support 8Oppose 184Neutral 1

Argument digest · AI-generated

from 83 of 83 written submissions

HB1093 would formalize charter schools' treatment as public schools for municipal zoning/permitting purposes and expand their eligibility for the state's capped school-building aid fund. Supporters, largely charter school administrators, argue municipalities inconsistently apply zoning and permitting rules to charter schools despite their public-school status under RSA 194-B, creating unnecessary costs. The large majority of submitters oppose the bill, arguing it would let charter schools draw from an already-oversubscribed building aid fund ahead of traditional public schools with a roughly $200 million backlog of approved projects, raising local property taxes and diverting scarce funds from schools that serve far more students.

Generated by claude-sonnet-5 (claude code agent) on Jul 22, 2026. Quotes are verbatim excerpts, verified against the cited submission before publication. Summaries are AI interpretation of the record, not part of it.

Jennifer FavreauOpposeManchester, NHfor MyselfMar 4, 2026

This bill is blatantly discriminatory. We need truck drivers and this will further limit otherwise qualified applicants.

Amy BottomleySupportHollis, NHfor MyselfMar 4, 2026

To: House Education Policy and Administration Committee From: Amy Bottomley, Head of School, MicroSociety Academy Date: February 27, 2026 Greetings: My name is Amy Bottomley, and I am the Head of School at MicroSociety Academy in Nashua, NH. I am here to testify in strong support of HB 1093, which ensures that charter schools are treated by municipalities in accordance with our legal status as public schools under NH RSA 194-B. While NH RSA 194-B:3 states that charter schools have the same rights and privileges as other public schools, our experience shows that this is not consistently upheld at the local level. Because the law lacks explicit language, municipalities are able to interpret it in ways that favor their position, often resulting in the application of zoning and permitting requirements to charter schools. The lack of clarity in the current law has resulted in direct expenses for our school. I will share our specific experience at MicroSociety Academy: ? Permit Fees: Over the past four years, MicroSociety Academy has undertaken three major construction projects: a modular addition, a site reconfiguration, and a full building renovation. Just before starting our first project, the City of Nashua reversed its original interpretation that we are a government entity, which resulted in our being charged permitting fees. Traditional district schools are typically exempt from these costs. ? Property Taxes: During the renovation project, although we owned the building, we paid more than $50,000 in property taxes. We were not able to apply for tax-exempt status until the building was fully operational as a school. ? Redundant Approvals: We were required to appear before both the Zoning Board and the Planning Board, despite already being subject to state-level oversight from the State Fire Marshal and the Department of Education, in addition to complying with local building codes. This resulted in legal fees as we needed representation at these meetings. For our site reconfiguration, being required to go through the full approval process necessitated several modifications to our site plan, all at the school’s expense, in order to obtain project approval: ? A traffic study ? Relocation of our entrance, including moving a fire hydrant and a telephone pole ? Relining/repainting the main road with reflective-grade paint These requirements resulted in more than $100,000 in unexpected costs. HB 1093 provides the legislative authority needed to ensure fair and consistent treatment by: 1. Amending RSA 155-A:2: Formally recognizing facilities owned or occupied by charter schools as “public school buildings.” 2. Providing Equal Construction Assistance: Guaranteeing that charter school facilities have the same access to building code exemptions and construction grants as district schools. 3. Ensuring Consistent Local Application: Recognizing charter schools as public school buildings under state code would prevent municipalities from imposing unnecessary and expensive zoning approvals. Every dollar spent on property taxes, permit fees, or unnecessary upgrades to accommodate city “preferences” is a dollar diverted from our classrooms and essential school operations. HB 1093 ensures that the “rights and privileges” promised to charter schools under RSA 194-B are finally upheld. I highly urge the committee to recommend Ought to Pass on HB 1093. Thank you for your consideration. Amy Bottomley

Katherine MorettiOpposeRochester, NHfor MyselfMar 4, 2026

Chairman and members of the committee, Thank you for the opportunity to provide testimony. I am writing to express my opposition to HB 1093, a bill that threatens the stability of traditional public school funding and overrides the essential land-use authority of our local communities. While proponents frame this bill as a matter of "equity," it is, in reality, an attempt to bypass the fiscal and regulatory safeguards that protect New Hampshire taxpayers. I urge you to vote Inexpedient to Legislate (ITL) for the following reasons: 1. Diversion of Critically Limited State Building Aid New Hampshire’s school building aid is currently capped at $50 million annually. Our traditional public schools already face a massive backlog of hundreds of millions of dollars in deferred maintenance and essential safety upgrades. By expanding eligibility for this capped fund to 30+ charter schools "on the same basis" as traditional districts, this bill will inevitably push existing community schools further down the waiting list, leaving local property taxpayers to foot the bill for urgent repairs. 2. Erosion of Local Control and Land Use Authority HB 1093 seeks to grant charter schools "governmental land use exemptions". This provision would allow charter schools—often operated by private boards rather than elected local officials—to bypass municipal zoning ordinances and neighborhood planning. Our cities and towns have a fundamental right to manage their own development, traffic safety, and community character. Stripping this authority from local zoning boards for the benefit of a single class of entity is a direct assault on the principle of local control. 3. Lack of Public Accountability Traditional school districts are governed by elected boards and must have their budgets approved by local voters. In contrast, charter schools are not subject to the same level of direct voter oversight regarding their capital expenditures. Awarding state-funded construction grants—calculated and disbursed in the same manner as traditional districts—without the accompanying democratic accountability is a misuse of public funds. 4. Prioritizing Constitutional Obligations The New Hampshire Supreme Court has repeatedly ruled in the ConVal and Rand cases that the state is currently failing its constitutional duty to adequately fund public education. It is fiscally irresponsible to expand infrastructure obligations to a new category of buildings before the state has met its core obligation to fully fund the basic education of students in our existing neighborhood schools. HB 1093 puts "the cart before the horse" by expanding facility funding before fixing the state's fundamental adequacy formula. It risks further draining the resources of our community schools while stripping municipalities of their right to regulate land use. For these reasons, I respectfully ask the committee to recommend ITL on HB 1093. As a special education teacher in a public school, as a parent, as a taxpayer, as a citizen concerned with the well-being and education of all children in my community, we have a responsibility to those in the public school system. Already the way charter schools are funded in NH negatively impacts public schools. Don’t let this further harm them and our children, teachers, and our communities in the process. Sincerely, Katherine Moretti Rochester, NH

CORY STONESupportDover, NHfor MyselfMar 4, 2026

Anything to make the availability of more charter schools in the state is a net positive

Virginia MurphyOpposeEast Hampstead, NHfor MyselfJan 30, 2026

I oppose this bill prioritizing charter school aid over public education

Susan CraginOpposeConcord, NHfor MyselfJan 30, 2026

I oppose using any tax money to support charter schools in any manner. Schools should all be run for the benefit of the community at large. In addition, supporting any school that teaches any religious views is anathema to me as a free-thinker. In essence, they teach bigotry, and encourage rigid, all-or-nothing thought. And their graduates learn habits anathema to a pluralist society. In Scandinavian countries, schools are multi-purpose, and serve a function for adult education and community meetings. They are popular with the taxpayers because everyone benefits. Our schools should be more like that, especially as the population ages. However, charter schools will be restrictive, and I can’t imagine myself participating in any venue that supports a restrictive world view.

Mary PrebleOpposeHampstead, NHfor MyselfJan 30, 2026

My taxes should go to my town. Please stop this madness!!

Elizabeth CallahanOpposeStrafford, NHfor MyselfJan 30, 2026

Public funds need to stay in community public schools.

Laura KostenblattOpposeJaffrey, NHfor MyselfJan 30, 2026

Public schools need all the funding they can get. If you want send your child to a charter school that is fine but it not okay to take away more public funding.

Jessica WachsmanSupportSalem, NHfor MyselfJan 30, 2026

To: House Education Policy and Administration Committee From: Jessica Wachsman, Dean of Operations and Founder, The Birches Academy Date: January 22, 2026 Good Afternoon, My name is Jessica Wachsman, and I am the Dean of Operations and a Founder of The Birches Academy in Salem. I am here to testify in strong support of HB 1093, which finally aligns municipal treatment of charter schools with our legal status as public schools under NH RSA 194-B. The Problem: A "Public School" in Name Only While NH RSA 194-B(3) states that charter schools have all the rights and privileges of other public schools, our experience proves that this is not currently enforced consistently at the local level. Because current law is not explicit enough, municipalities often apply private zoning and permitting rules to us. The Financial Toll on Students The lack of clarity in the current law has resulted in a direct expenses on public charter schools: Permit Fees: Over the last 15 years, The Birches Academy has been forced to pay over $15,000 in municipal permit fees—fees that traditional district schools are exempt from. Property Taxes: From 2012 to 2024, we paid over $700,000 in property taxes through our lease before we were able to purchase our building. Redundant Approvals: Until last year, we were required to go before both the Zoning and Planning Boards, despite already being subject to rigorous state-level oversight from the State Fire Marshal and the Department of Education as well as local building code approvals. How HB 1093 Fixes This HB 1093 provides the legislative "teeth" necessary to ensure fair treatment by: Amending RSA 155-A:2: Explicitly defining "public school building" to include facilities owned or occupied by charter schools. Equalizing Construction Aid: Ensuring that charter school facilities are eligible for the same building code exemptions and construction grant schedules as district schools. Ending Local Overreach: By classifying us as public school buildings under the state code, it prevents towns from requiring redundant (and expensive) local zoning approvals that traditional schools do not face. Conclusion Every dollar we spend on property taxes and municipal permit fees is a dollar taken away from our classrooms. HB 1093 ensures that the "rights and privileges" promised to us in RSA 194-B are finally realized. I urge the committee to recommend Ought to Pass on HB 1093.

Stephanie PooleOpposeWolfeboro, NHfor MyselfJan 30, 2026

Our tax money should support our public schools. It is not right for charter schools to be able to jump the line for funding displacing schools that have been waiting for years.

Carl JohnsonOpposeChichester, NHfor MyselfJan 30, 2026

There is no fiscally responsible reason to add Charter schools to the stats funding model when we are in a budget deficit and our public schools are still under funded. Any legislation being proposed needs to be focused on fully funding our Public school first and foremost as has been reaffirmed by the courts. Additionally the school voucher program should be eliminated as it is yet another mechanism that is taking money away from public schools and is simply a "Educational Welfare" for the rich.

Cyrus DelayOpposeGreenfield, NHfor MyselfJan 30, 2026

This is another step towards equal funding given to both charter schools and traditional public schools. Charter schools should not be funded like traditional public schools until they meet all the requirements placed upon traditional public schools. Among many other things charter schools must accept all applicants including special needs students.

Barbara RotheOpposeWarner, NHfor MyselfJan 30, 2026

This is a bill that unfairly strips away much-needed funding from public schools in favor of charter schools.

kathi sheerOpposeashland, NHfor MyselfJan 30, 2026

Adding charters to an underfunded building-aid list doesn’t expand opportunity—it pushes public schools and 6,000+ waiting students further back.

Joshua ArnoldOpposeOssipee, NHfor MyselfJan 30, 2026

This is not right. I oppose

Susan AhearnOpposeTuftonboro, NHfor MyselfJan 30, 2026

Charter schools are a much looser organization than public schools. The requirements for public schools-the building itself, the processes that go on in that building, all have a staggering level of necessity because of the student mix. Also they serve the greater portion of the population. It seems quite logical that the state’s funding for buildings goes to the entity that does the most work.

David BodmanOpposeRaymond, NHfor MyselfJan 30, 2026

Public money should be for pubic schools.

Melanie LevesqueOpposeBrookline, NHfor MyselfJan 30, 2026

Public schools should have first priority. The bulk of our students attend public schools.

Judy Unger-ClarkOpposeRindge, NHfor MyselfJan 30, 2026

Until charter schools are held to the same financial. transparency standards as public schools state monies should not be available for their use.

Sarah OlkkolaOpposeOssipee, NHfor MyselfJan 30, 2026

Please support our public schools!

Brittany McGuireOpposeWolfeboro, NHfor MyselfJan 30, 2026

I want to see public schools remain the priority for ALL state education funding!

Cheryl BourassaOpposeConcord, NHfor MyselfJan 30, 2026

Public schools must come first.

Nancy BlackOpposeWolfeboro, NHfor MyselfJan 30, 2026

No school should be able to jump in front of others who applied before they did. We need to prioritize our public schools.

Kirsten BurkeOpposeTuftonboro, NHfor MyselfJan 30, 2026

I strongly oppose HB 1093. State construction aid is already limited, and traditional public schools are struggling to maintain and repair buildings that serve entire communities. Charter schools should not receive the same construction funding or be placed on the same timeline, especially if that means moving ahead of public schools that have been waiting for years.