Feb. 6, 2009 NHSBA Legislative Bulletin

New Hampshire School Boards Association
Legislative Bulletin
February 6, 2009

A Brief Summary of Education Issues at the State House
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NHSBA and National Issues

This week, NHSBA President Clint Hanson, Second VP Cindy Couture and Immediate Past President Susan Allen, along with Executive Director Ted Comstock and Government Relations Director Dean Michener, attended the National School Boards Association's annual Federal Relations Network Conference in Washington, DC. While in Washington, your NHSBA officers and senior staff met with the education staff of NH's Congressional Delegation. Staff from all four offices (Senators Gregg and Shaheen and Representatives Hodes, and Shea-Porter) spent extensive time with NHSBA and covered details of many federal issues. The conversation focused on the Economic Stimulus Package (American Recovery and Reinvestment Act of 2009) as well as Medicaid reimbursement, IDEA and NCLB provisions and funding levels. The House passed version of the Stimulus bill included an additional $13 billion in Title I grants and an additional $13 billion for special education. Another $14 billion was dedicated for school infrastructure repairs and modernization. Also included was an extension of the current moratorium on Medicaid regulations, allowing school-based Medicaid reimbursement through July 1, 2009. However, as Senate deliberations and work proceeded, various amendments changed most of the details. Republicans sought to cut the overall funding level by as much as half, and at least one proposal would drastically reduce funding for education, including the elimination of $6.75 billion from IDEA and $6.5 billion from Title I. Negotiations will hopefully continue and any final compromise language has yet to be determined.

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Constitutional Amendments
NHSBA opposed the three Constitutional Amendments that were heard before the House Education Committee this week: CACR 2, CACR 3, and CACR 8. All three proposals seek to amend the constitution in such a way that is contrary to the current interpretation of, and Supreme Court rulings in, both the Claremont and Londonderry decisions. They would undermine those principles and not hold the State to any standard for a level of support as a partner in funding an adequate education.

ACTION ITEM
Please contact the House Education Committee Chair and express your opposition to these proposals and the potential losses in state aid to school districts. Last year, NHSBA adopted a specific resolution addressing this issue:
The NHSBA opposes any constitutional amendment that vacates the spirit and intent of the Claremont and Londonderry lawsuits and attempts in any way to limit or redirect funding in a manner that is contrary to the New Hampshire Supreme Court's ruling and present interpretation of the New Hampshire Constitution.

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Change to Adequacy Formula
NHSBA opposed HB 521 at the public hearing this week. The Education Committee is scheduled to vote on this proposal next Tuesday, February 10. The bill revises the educational adequacy formula relative to allocating funds based on students eligible for the federal free and reduced-price meal program. Currently, when a school's proportion of free/reduced-price meal eligible students is either 12-24%, 24-36%, 36-48% or greater than 48%, each student in the school receives an additional $863, $1,725, $2,588 or $3,450 respectively per pupil in adequacy money. HB 521 would reduce that allocation by only providing the additional money for those students actually eligible, not all students in the school. The overall financial impact is a decrease in statewide adequacy aid: due to the hold harmless/transition provision, the cut in state aid for FY 2010/2011 is approximately $32 million; for FY 2012/13, the cut in state aid is over $140 million.

ACTION ITEM

Please contact members of the House Education Committee and express your opposition to this bill that simply downshifts the state's financial problem to the local level. Remind them that school district budgeting has been well underway since last fall, and has relied on official State Dept. of Education estimates for state aid that were announced last November. Any reductions to FY 2010 state aid will occur AFTER March school district meetings and result in direct cuts to local budgets. Furthermore, district Adequacy Aid is directed to the school, not individual children, and current law requires that districts separately account for how the individual school has used the aid to provide enhanced programs.

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Labor Bills
Several bills have been scheduled before the House Labor Committee for next Wednesday, February 11.

Binding Arbitration
HB 46 requires public employers to accept a neutral party's findings and resolution of a dispute: the bill states that the determination of the neutral party is final and binding. A public hearing is scheduled for 2/11/09 at 10 am in LOB 307.

Right to Strike
HB 305 gives non-emergency public employees the right to strike, including public school teachers. A public hearing is scheduled for 2/11/09 at 1 pm in LOB 307.

ACTION ITEM
Please contact members of the House Labor Committee and express your opposition to these bills. Binding arbitration allows a third party to mandate provisions of a collective bargaining agreement and unilaterally force an appropriation without legislative body approval. Strikes by our public school teachers will have a profound impact on the operation of our schools. It will exacerbate tense relations with staff, destroy public confidence, and disrupt the educational programs of students.

Union Representation by Written Authorization
HB 500 repeals the provision in statute that was adopted in 2007, allowing employees to choose by written authorization a representative of the employees for the purpose of collective bargaining. A public hearing is scheduled for 2/11/09 at 2:30 pm in LOB 307.

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Home Education Bills
HB 368 requires a parent who is providing a home education program to include, as part of the notification process, a written statement affirming that the home education program shall contain instruction in certain subjects as defined in law. A public hearing is scheduled for 2/11/09 at 1 pm in Representatives Hall.

HB 367 revises the procedures for evaluating a home education program. The bill requires credentialed educators to review portfolios at the end of the school year and submit a report of the review to the resident district superintendent or nonpublic school principal who shall retain such reports on file. A public hearing is scheduled for 2/11/09 at 2 pm in Representatives Hall.

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For the complete text of any bill, go to the general court web site and enter the bill number, e.g. HB114, SB38 or CACR2 (no spaces!), and make sure the Session Year is 2009.

For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: deanm@nhsba.org.