nhsba

Legislative Bulletin
December 4, 2009

A Brief Summary of Education Issues at the State House

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State Building Aid Update
Two weeks ago, the Committee to Study the School Building Aid Grant Program surprised everyone by discussing a need to call for a suspension/moratorium of the current program. Their reasoning was 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. This past Tuesday, acknowledging the detrimental impact this possibility was having on current projects in the planning stage for annual meeting consideration, the committee voted to delay their recommendation of a "temporary suspension" of the program until after the annual school district meetings this winter/spring. By unanimous vote they chose to recommend to the legislature that it consider a temporary suspension of the program, but that no such suspension should take effect prior to June 30, 2010.
 
The Committee will meet again on December 15, 2009 to act on an interim report. The vote this week was to include the above recommendation in that interim report. Any recommendations for legislation will have to be filed this session as a bill and go through the legislative process with public hearings. When the interim report is adopted and made available, NHSBA will post a copy on the web site.
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Labor Relations
The House Labor Committee voted unanimously to kill HB 631, which changes the timeline for negotiations, starting the process in the spring, and implements a "neutral impasse panel" that "shall make a just and reasonable determination of the matters in dispute" if the parties reach impasse. The Committee's recommendation of ITL (Inexpedient to Legislate) was 17-0, and has been placed on the House Consent Calendar for the first House session, scheduled for January 6.
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House Education Committee
The House Education Committee has made final recommendations on several bills that were retained during the last session. The recommendations below will be considered by the full House when it meets to start the 2010 session on Wednesday, January 6.
HB 327, modifying the Adequate Education funding formula by removing median family income as a factor in calculating fiscal capacity disparity aid: Inexpedient to Legislate (ITL) on a 15-1 vote.
HB 368, relative to the definition of, and evaluation procedures used in, home education: Inexpedient to Legislate (ITL) on a 14-6 vote.
HB 560, allowing adequacy differentiated aid funds to be used specifically for extended learning opportunities: Inexpedient to Legislate (ITL) on a 15-1 vote.
HB 615, concerning withdrawal from a School Administrative Unit (SAU): Ought to Pass as Amended (OTP/A) on a 16-0 vote. The amended bill re-writes RSA 194-C:2, creating separate sections for Organization of, Reorganization to, or Withdrawal from, a SAU. Procedural guidelines are provided for creating and running a planning committee, providing a study of educational and fiscal impacts on all affected districts, including a plan for sharing liabilities as well as assets, planning for transition budgets, and letting the state board specifically note deficiencies in a submitted plan. The state board still has no veto power over plans that are submitted for voter approval. In addition, the bill amends RSA 195:30 (Withdrawal from a Cooperative School District) to establish that a pre-existing district withdrawing from a cooperative school district remains in the same SAU unless it specifically complies with the SAU withdrawal process in 194-C:2.
SB 59, relative to renovation and replacement of school buildings: Ought to Pass as Amended (OTP/A) on a 10-5 vote. The amended bill requires school districts to "investigate feasible options" when deciding to renovate or replace existing facilities, hold at least one public hearing, seek input from municipal boards, and review the municipality's zoning regulations and master plan to "maximize best planning practices." In addition, department of education approval is contingent on their judgment that the proposed plan is not in conflict with effective statewide planning pursuant to RSAs 9-A and 9-B. (Section 9-B:3 addresses "smart growth" and refers to the "development and use of land in such a manner that its physical, visual, or audible consequences are appropriate to the traditional and historic New Hampshire landscape.")
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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) continues to review information and data 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. Currently under consideration is a possible survey of municipalities and school districts to help determine the extent of these applications and if it represents a legitimate problem. The committee will meet again on December 16 and likely address the need for an interim report due this fall; a final report is due November 1, 2010.
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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. Bills for 2010 (legislative proposals) will be available after December 10, 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