nhsba

Legislative Bulletin
November 20, 2009

A Brief Summary of Education Issues at the State House

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State Building Aid
On Tuesday, the Committee to Study the School Building Aid Grant Program, without any prior indication, discussed a need to call for a suspension/moratorium of the current program.  The intent is to not allow any more projects to be approved for state aid, thereby capping the state's financial commitment to only those projects currently approved and receiving funding.  The discussion had majority support of those attending, with only Senator Peter Bragdon voicing a concern over "pulling the rug out from under" those projects that are currently underway in consideration of a March school district meeting vote.  There was also discussion of possible waivers for "emergency" facility needs of districts, but no indication or explanation of what would be required for such a waiver.

Prior to this week, the Committee had been reviewing data and discussing criteria for building aid eligibility, as well focusing on the problems associated with continuing to bond the state's grant obligation.  No definite decisions have been made at this time.  The committee is scheduled to meet again Tuesday, December 1 and it is anticipated that final decisions will be made on recommendations for an interim report that is due December 15.  (A final report is due next November.)  It was noted by committee members that any such recommendation on a building aid program "suspension" would have to be introduced early in January and "fast tracked" to be effective prior to March annual meetings.

Such a possibility raises many concerns for school districts that are currently preparing for bond votes next spring.  NHSBA has a long-standing resolution in opposition to the legislature making any dramatic or unpredictable changes in funding that take effect any earlier than the next biennium.  Budget and bond vote preparations are well under way for the 2010 annual meetings; any proposed changes should at a minimum not take effect until the 2011 meetings.

ACTION ITEM
NHSBA will closely monitor this legislative committee and any forthcoming recommendations.  School board members need to contact their representatives and senators, explaining the budget and bonding process so that they understand the impact such a proposal would have on projects that are currently being considered.  Building aid represents the basis of a partnership that is created when school districts adopt local construction projects and bond the expense.  The state commitment is an important part of this process and is often needed to get the necessary super-majority approval.  Loss of this commitment would have a profound impact at the local level.
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Labor Relations
The House Labor Committee continues to work on HB 631, which changes the timeline for negotiations, starting the process in the spring.  If agreement is not reached by August, then impasse is declared with mediation in September.  If there is still no agreement, the bill creates a "neutral impasse panel" that "shall make a just and reasonable determination of the matters in dispute".  Committee work on this bill is scheduled to continue next Tuesday.  NHSBA continues to monitor this bill, explaining the "impossible" schedule it creates and that the current process has generally proved to be a workable compromise for both labor and management.
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Accountability for an Adequate Education
The Task Force charged with developing a performance-based school accountability system met in October and is scheduled to meet again November 30 and December 18.  A performance-based accountability system is to be in place beginning with the 2011-2012 school year, serving as one method a school may use to demonstrate, by the end of the school year, that it is providing the opportunity for an adequate education.  An interim report is due by April 1, 2010 and the final report by November 1, 2010.  The timeline for implementation is as follows:
June 30, 2010: Schools demonstrate providing opportunity for Adequate Education by input method, narrative reports.

Nov. 1, 2010: Task Force Final Report, with recommendations for legislation.

July 1, 2011: Initial implementation of Performance Based Accountability System with results by end of school year.

Nov. 1, 2011: Task Force submits any further recommendations based on evaluation and review of Performance System.

Jan. 1, 2012: Commissioner to report to the Legislative Oversight Committee, and biennially thereafter.

June 30, 2012: Both Input Based and Performance Based Reports for each school due by end of this school year.

Sept. 1, 2012: Dept. Education initiates annual school visitations to audit Input Based school accountability reports.

Oct. 1, 2012: Dept. Education submits report on school results for the Performance Based Accountability System.
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Retirement and "Spiking"
The committee studying the imposition of assessments to retirement system employers for excess benefits paid to retirees (spiking) has met twice and received information from both NHRS and the actuaries at Gabriel Roeder Smith & Co.  To date, options have been reviewed and the committee is looking at whether or not to allow or limit spiking, and if allowed, whether to share in the corresponding costs or not.  The committee will meet again on December 2 and likely address the need for an interim report due this fall; a final report is due November 1, 2010.
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Right to Know
The House Judiciary Committee has recommended a revision to the "Remedies" section of the Right to Know Law (RSA 91-A:8).  The proposed amendment would make public bodies liable for attorney's fees and costs incurred in a RTK lawsuit provided that the lawsuit was necessary to enforce compliance with the law.  Fees may also be awarded to public bodies for having to defend a case when the lawsuit is "frivolous or in bad faith."  Additionally, courts shall invalidate an action of a public body when done during a meeting held in violation of the law, unless the court finds that circumstances do not justify such invalidation.  Finally, the bill provides for courts to impose a $1,000 penalty against a public official if the official acted "in bad faith".  Individuals may also be required to reimburse the public body for any attorney's fees or costs unless the public official involved resigns their office.  Bad faith means the violation was made "knowingly and without adequate justification."  The bill now goes to the House for consideration in January.
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NHSBA Delegate Assembly - Saturday, January 16, 2010
Be sure to mark your calendar now for the 2010 NHSBA Delegate Assembly on Saturday, January 16th, at the Local Government Center in Concord, NH.
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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. HB223, SB180 or CACR5 (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: [email protected].

 

Dean Michener
NHSBA Director of Governmental Affairs