CONCORD — The House Education Committee wants members of the Attorney General's Office to explain their role in a moratorium on new charter schools.

Last month, after consulting with the Attorney General's Office, the State Board of Education voted for an immediate moratorium on new charter schools, saying the state has a $5 million shortfall in state education aid to charter schools this fiscal year.

The action was criticized by some lawmakers and charter school officials particularly several schools waiting for final approval from the board.

After the lawmakers objected to the moratorium, a meeting was held with board chairman Tom Raffio.

Raffio told members of the House and Senate Finance and Education committees the board was looking for assurances additional state money would be available before approving any more new charter schools.

House and Senate budget writers assured Raffio the Joint Legislative Fiscal Committee will find the $5 million needed this year and of continued budgetary support in the future.

Raffio told the lawmakers the moratorium could be lifted at the board's November meeting and the board could proceed with the pending applications for new charter schools if the fiscal committee approves the $5 million.

He told lawmakers, the moratorium had been discussed since last spring after the board learned the state did not have enough money to cover the $5,450 per student charter schools receive in state aid.

He said the situation was discussed at length at the board's retreat in July. The retreat was not a public meeting, but minutes were published from the meeting.

Raffio said the board wanted to make sure it had “all its ducks in a row” legally before voting for the moratorium and consulted with the attorney general's office.

Tuesday, House Education Committee Vice Chair Ralph Boehm, R-Litchfield, said the committee wants to know what advice the board was given by the attorney general's office.

“The Board of Education said there was no funding when the budget had not come up yet. They have no idea what the budget is going to be,” Boehm said.

Charter school funding for the next fiscal year, 2014, will not be approved by lawmakers until June 2013.

The Department of Education projects state aid to charter schools could be about $30 million for the 2014 fiscal year and even higher in the next fiscal year.

The 2013 fiscal year budget contains a little more than $9 million for state aid to charter schools but will increase to about $14 million if the Joint Legislative Fiscal Committee approves the additional $5 million at its meeting Oct. 26.

The Education Committee meeting begins Wednesday at 9 a.m. in Room 207 of the Legislative Office Building.

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Garry Rayno may be reached at grayno@unionleader.com.