January 15, 2010 NHSBA Legislative Bulletin

House Action

The House met in session on Wednesday and voted on recommendations on several bills:
HB 368, relative to annual goals in a home education program: killed with a vote of Inexpedient to Legislate (ITL).
HB 631, relative to changing the timeline for negotiations, starting the process in the spring, and implementing a "neutral impasse panel" that "shall make a just and reasonable determination of the matters in dispute" if the parties reach impasse: killed with a vote of ITL (Inexpedient to Legislate).
SB 59, relative to renovation and replacement of school buildings: passed with an amendment (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.") The bill must now go back to the Senate for concurrence.

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Senate Action
The Senate met in session on Wednesday and voted on recommendations on several bills:
HB 143, addressing situations where school districts accept parentally placed students: killed with a vote of Inexpedient to Legislate.
HB 154, relative to truancy: passed with an amendment. The bill 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. The bill must now go back to the House for concurrence.
HB 509, requiring parental consent for psychological evaluations by school districts: killed with a vote of Inexpedient to Legislate.
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House Education Committee Next Week

The House Education Committee has another full schedule of hearings next week. The schedule for Tuesday includes:
HB 1469 at 11:00, relative to the required number of instructional days and instructional hours in a school district's calendar.

ACTION ITEM
Please contact the House Education Committee and express your support for this bill. This bill brings state law into agreement with the Minimum Standard Rules change adopted in 2005. The Rules in Ed 306.18 require each school to maintain a school year either based on hours or days. Current law reflects the previous provision of allowing a school year based on hours "if approved by the commissioner". HB 1469 simply removes the requirement for commissioner approval, replacing it with "as required in rules".

HB 1523, also on Tuesday, will be heardat 1:00. This bill revises the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyber bullying.

On Wednesday, three important labor bills will be before the committee:
HB 1414 at 10:00, which requires that evaluations of teachers who are employed by the school district shall be based on multiple, reliable, and accurate measures;
HB 1411 at 10:30, which requires any person who is part of a school district's educational support personnel to receive notice and a hearing if such person is not to be rehired. The bill also requires that educational support personnel be eligible to receive unemployment compensation benefits as of the end of the school year in which the decision against rehiring is made; and
HB 1412 at 11:00, which requires that all school employees receive due process protections and just cause as part of any disciplinary action.

ACTION ITEM

Please contact the House Education Committee and express your concern with these labor bills.
HB 1411 stipulates that ALL educational support personnel who have been employed for one or more years in the same school district be notified in writing on or before April 15 if they are not to be rehired. It also makes them eligible to receive unemployment compensation benefits. Educational support personnel is defined as teacher's aides, food service staff, custodial and maintenance staff, security staff, health care staff, library, computer, and audio/visual staff, clerical and administrative staff, and transportation staff employed by a school district.
HB 1412 mandates school districts to provide all employees with due process protections as part of any disciplinary action and would not allow discipline of any employee without just cause. The phrase "just cause" has no specific meaning, but instead is left to outside judges/arbitrators to apply in given circumstances. That is exactly the reason that school districts in NH have long resisted its inclusion in collective bargaining agreements, or in the alternative, have strictly limited its application to specified disciplinary actions. And, the NH Supreme Court has determined that it is an issue that school boards are not required to bargain because of its likely intrusion on the exercise of legitimate managerial rights. In short, the phrase "just cause" is an undefined phrase, subject to unilateral interpretation by outside forums, and has been recognized as potentially encroaching on governing bodies ability to manage the personnel systems in public schools.

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Other Important Legislative Hearings Next Week

On Tuesday, the House Finance Committee will hold a hearing on CACR 27, a constitutional amendment making education the exclusive right of cities and towns and allowing the state to supplement funding with additional targeted aid. On Wednesday, the House Executive Departments and Administration Committee will hold a hearing on HB 1530, which changes the definition of earnable compensation for retirement system members by limiting compensation to the full base rate of compensation paid during a year.

ACTION ITEM

Please contact your local representatives and make sure they are aware of these bills.
CACR 27 shifts educational funding responsibilities to the local district and would allow the state to cease funding if it chose, or only provide limited "targeted" funding at whatever level it chose. This bill is in direct conflict with a resolution NHSBA adopted in 2008: 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.
HB 1530 changes the definition of earnable compensation for retirement pensions to be based on the full base rate of compensation paid, and not include additional compensation for overtime, vacation/sick leave or other longevity or severance payments, and any cost of living bonus. This bill would allow districts to continue to provide "one-time" payments to employees upon retirement, based on locally negotiated agreements, but such payments would not be included in pension calculations and would therefore not subject districts to the "125% spiking" assessment that has been the subject of much legislative scrutiny and scheduled to take effect this coming July 1, 2010.

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