The 2010 Legislative Session is now underway

House Action
The House met in session on Wednesday and voted on several recommendations on bills that were retained by the Education Committee:
HB 327, modifying the Adequate Education funding formula by removing median family income as a factor in calculating fiscal capacity disparity aid: killed with a vote of Inexpedient to Legislate (ITL);
HB 560, allowing adequacy differentiated aid funds to be used specifically for extended learning opportunities: killed with a vote of Inexpedient to Legislate (ITL);
HB 615, concerning withdrawal from a School Administrative Unit (SAU): passed an amended version of the bill. 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.
 
The House also adopted the Judiciary Committee recommendation on HB 425, a revision to the "Remedies" section of the Right to Know Law (RSA 91-A:8). The bill 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 Ways and Means Committee for further review, especially of a "right to know remedies fund" to be used for remedial training programs.

Delayed House Action
Two Education Committee bill recommendations were delayed for action until the House meets next Wednesday:
HB 368, relative to the definition of, and evaluation procedures used in, home education: recommendation of Inexpedient to Legislate (ITL).
SB 59, relative to renovation and replacement of school buildings: recommendation of Ought to Pass as Amended (OTP/A). 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.")
 
Also scheduled for final action next week is the House Labor Committee recommendation 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 is now scheduled for House consideration next Wednesday, January 13.

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Senate Education

The Senate Education Committee met this week and made final recommendations on three bills that the committee retained from last year. The recommendations are scheduled for a vote in the Senate next Wednesday.
HB 143, relative to procedures for requesting a change of school for a child. This bill addressed situations where school districts accept parentally placed students, but issues surrounding how to best clarify financial responsibility for potential special education services were unable to be resolved. The committee voted unanimously to recommend killing the bill (Inexpedient to Legislate).
 
HB 154, relative to truancy. Committee members voted unanimously to recommend an amended version that requires school boards to adopt policies that define "excused absences" and include a process for intervention designed to address cases of truancy as quickly as possible. The policy must also include early parental involvement in the intervention process. In addition, "habitual truancy" would be defined as 10 half days of unexcused absences instead of the current 20 half days.
 
HB 509, requiring parental consent for psychological evaluations by school districts. Committee members felt the bill was not needed and voted to recommend killing the bill (Inexpedient to Legislate). Current law requires referral to the parent or guardian for any child presenting a problem and found to need further evaluation.
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NHSBA Delegate Assembly - Saturday, January 16, 2010
Be sure to attend the 2010 NHSBA Delegate Assembly on Saturday, January 16th. Morning "Hot Topic" Sessions will cover retirement issues, a preview of 2010 legislation, and a presentation on Race to the Top. School attorney Gerald Zelin will also provide a presentation on "The Expansion of Special Education Law and What School Districts Can Do About It". The afternoon is devoted to the business meeting and action on NHSBA proposed resolutions. Call 603-228-2061 for more details. To register click here, or email terry@nhsba.org.
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