Bill Description: House Bill 350 would require that any funding appropriated to school districts and public charter schools must be used for its intended purposes.

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Does it expand the government's bureaucratic monopoly on education, reduce family and student choice, or finance education based on an institution or system? Conversely, does it reduce government coercion in education, expand education choice, or finance education based on the student rather than the institution?

House Bill 350 would require “any funds distributed by the state to school districts or public charter schools that are specifically identified in statute or in an appropriation bill as intended for a certain purpose shall be used only for such purpose.” It furthermore provides that any funds not used for its proper purpose “shall be reimbursed to the state by the school district or public charter school and deposited to the state general fund.”

There are compelling arguments on both sides of this subject. On one hand, it would be a positive development for school districts to redirect funds away from unnecessary uses, such as funding a bloated administrative staff, to essential ones, such as student instruction. On the other hand, this system can be abused by school districts who have a misguided set of priorities. As a result, House Bill 350 can be said to unnecessarily restrict the discretion of well-run school districts while properly binding the hands of poorly administered districts. 

It is also worth mentioning that House Bill 350 doesn’t specify whose authority it will be to investigate whether a school district properly used its funds for the specified appropriated purpose. Conceivably, this duty would fall upon the state department of education, in which case it would increase the state’s bureaucratic control over local school districts. Meanwhile, if the bill envisions an honor system in which school districts self-report violations, then the provisions of the bill will all but likely remain unenforced. Lastly, if HB 350 expects the legislature to investigate violations of this act, then additional provisions outlining more expansive reporting requirements are likely required to ensure the legislature has the requisite information to enforce the act. These ambiguities ought to be addressed. 

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