January 22, 2010 NHSBA Legislative Bulletin

House Education Committee Hearings

The House Education Committee held many public hearings this week. Bills supported by NHSBA included:
HB 1469, providing that the number of days in the school year may be defined by department of education in rules which specify an equivalent number of hours. The bill addresses a specific NHSBA resolution and was also supported by the Governor Wentworth School Board. The bill stipulates that "Commissioner Approval" is not necessary for school calendars that meet either the required number of days or equivalent hours as specified in statute and/or rules.
HB 1523, revising the pupil safety and violence prevention act. This important legislation amends RSA 193-F, better known as the anti-bullying law. The bill includes "cyberbullying" within the definition of "bullying, harassment or intimidation." It relieves the school board of the cumbersome duty to intervene in remediation, requires the adoption of a much more specific anti-bullying policy with remedial measures, and mandatory reporting.
NHSBA testimony supported the legislative intent, but also suggested the following amendments: The need to simplify and thus clarify the concept of "cyberbullying," by limiting the school's jurisdiction to those activities which substantially disrupt the educational process, and by proposing language which will not impinge on free speech; The need to amend the policy to include the fact that bullying may result in disciplinary consequences; The need to address the relationship between reporting and FERPA; and, the need to extend the statutory immunity to SAU employees, public academy employees, SAUs and School Districts. The bill now goes to a subcommittee for further review and potential amendment.

Bills opposed by NHSBA included:
HB 1414, which requires that evaluations of teachers who are employed by the school district shall be based on multiple, reliable, and accurate measures;
HB 1411, which requires any person who is part of a school district's educational support personnel to receive notice 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, which requires that all school employees receive due process protections and just cause as part of any disciplinary action.

ACTION ITEM
It is important to contact House Education Committee members and express your concern with these labor bills. Specific mention should be made that:
HB 1411 would extend notice requirements to ALL educational support personnel who have been employed for one or more years in the same school district by requiring 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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House Education Committee Recommendations

The House Education Committee held executive session this week and adopted recommendations on several bills. The recommendations go to the full House for consideration next Wednesday, January 27th:
HB 1127, enabling a school district treasurer to appoint a deputy treasurer with approval by the school board.
Indoor Air Quality: the provisions of three bills relative to Indoor Air Quality have been combined into two bills.
HB 1265 will require school boards to adopt a policy governing air quality issues and specifically address methods of minimizing emissions from motorized vehicles on school property.

HB 1289 includes an 'encouragement' of the Tools for Schools program as well as a requirement for school boards to annually investigate the air quality of any school using a check list provided by the Department of Education. HB 1391 has been recommended Inexpedient to Legislate since its provisions were included in HB 1289.
HB 1324 establishes a definition for geographically isolated small schools and provides for such schools to apply for an exception to required staffing through an alternative staffing plan.
HB 1383, requiring a course in financial literacy for high school graduation, was recommended Inexpedient to Legislate. However, the committee was concerned about the issue and how it relates to high school graduation requirements in rules and is notifying the state board of education that a review of the curriculum requirements should be undertaken.

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Proposed Constitutional Amendment

NHSBA opposed a proposed Constitutional Amendment, CACR 27, making education the exclusive responsibility of cities and towns and allowing the state to supplement funding with additional targeted aid. NHSBA's written testimony can be found by clicking here. (pdf.)

ACTION ITEM

Please contact your local representatives and make sure they are aware of this bill.
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. Language included in the bill states that, "The state of New Hampshire may provide additional funds to our local communities for education using a needs or rewards based formula, or both, decided by the New Hampshire legislature." 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.

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Expansion of Retirement Benefit

The House Executive Departments and Administration Committee held hearings on two bills that would increase the financial obligations of school districts to cover expansions of retirement benefits to Group I members. NHSBA offered remarks in opposition to the following two bills:

HB 1277, relative to eligibility for medical benefits payment by the retirement system for certain vested deferred group I members. This bill allows a group I teacher or political subdivision employee member of the retirement system who was eligible to retire with a vested deferred retirement allowance on July 1, 2008 an additional year to retire in order to be included in the payment of medical benefits by the retirement system. Eligibility for the medical subsidy benefit originally required retirement by 7/1/2008. Legislation then passed that extended the deadline to 7/1/2009. This proposal would again extend the deadline, making it 7/1/2010. School district contributions to the retirement system include a portion to cover payment of the medical subsidy; this bill would automatically add to that obligation by extending the benefit to more members. The bill's fiscal note includes NHRS comment that "this widening of eligibility for the medical subsidy would increase state, county and local expenditures in the form of higher employer contributions."
HB 1681, requiring school districts that participate in the retirement system to include education support personnel as well as paraprofessionals and other support positions as employees for purposes of membership in the state retirement system. Currently, school districts that elect to have their employees participate as members in NHRS may choose a minimum standard of either 30 or 35 hours per week. The vast majority of districts use the 35-hour standard. This bill would require those districts to drop their participation minimums for paraprofessionals and support personnel from 35 hours per week to 30 hours per week. To the extent that district staff is in the 30-35 hour range, this bill would force higher employer retirement contribution amounts.

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