February 5, 2010 NHSBA Legislative Bulletin

NHSBA and National Issues
This week, NHSBA President Kevin Barry, First VP Cindy Couture and Second VP Ross Deachman, along with Executive Director Ted Comstock and Government Relations Director Dean Michener, attended the National School Boards Association's annual Federal Relations Network Conference in Washington, DC. The Honorable Arne Duncan, Secretary, United States Department of Education, was a featured speaker at the conference. Secretary Duncan gave preliminary comments regarding the current administration's proposal relative to re-authorization of ESEA (NCLB). Terms used by Secretary Duncan included more flexibility to local districts, alternative ways to measure/assess student achievement, including recognition of growth, and elimination of the requirement that all schools meet adequate yearly progress goals by 2014 or else face sanctions.
Secretary Duncan commented, "Race to the Top taught us that competition and incentives drive reform." Thus the President's budget includes a $1.35 billion expansion of the Race to the Top program and $500 million for Investing in Innovation competitive grant program. An additional $950 million would go toward competitive grants aimed at increasing the number and distribution of effective teachers and principals, particularly in low-performing schools. Finally, the president's budget proposal contains an additional $1 billion in new funding, contingent on reauthorization of NCLB. Yet to be determined is a proposed savings of $123 million by consolidating 38 separate programs.
NHSBA officers and staff met with the education staff of NH's Congressional Delegation. Staff representing Senator Shaheen and Representatives Hodes, and Shea-Porter spent extensive time with NHSBA and covered details of many federal issues. The conversation focused on IDEA and NCLB provisions and funding levels, including the administration's proposal that funding for new programs shift from formula-based apportionments to competitive grant-based funding. Secretary Duncan specifically indicated that this would not apply to the current Title I grant programs or Special Education IDEA grants. The Consolidated Appropriations Bill passed by House and Senate agreement last December included level funding for both Title I and IDEA.
April 15 is the supposed deadline for congress to complete its budget resolution, but historically this "deadline" has been missed.

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House and Senate Action This Week
The House met in session on Wednesday and made the following votes:

CACR 25, providing that the voters can veto laws by referendum: Inexpedient to Legislate (ITL).
CACR 27, providing that state funding of education shall be targeted: Inexpedient to Legislate (ITL).
HB 1128, repealing the cap on the distribution of meals and rooms tax revenues to cities and town: estimated impact is $5 million increase in the distribution: Ought to Pass (OTP).

The Senate met in session on Wednesday and action included the following vote:

SB 373, authorizing the state board of education to approve "alternative schools". Such schools shall provide instruction in those subjects set forth in the plan and shall comply with all education laws and rules: Ought to Pass (OTP).

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Labor Bills in House Education Committee to be voted on February 16

NHSBA opposed bills impacting labor relations with district staff that are scheduled for votes on committee recommendations next Tuesday, Feb. 16th.
HB 1414, requiring that evaluations of teachers who are employed by the school district shall be based on multiple, reliable, and accurate measures;
HB 1411, requiring 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

Committee members are considering possible amendments on specific language and scope of the bills, but it is important to contact House Education Committee members and express your concern with these proposals.
HB 1411, as introduced, 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 employees with due process protections as part of any disciplinary action and would not allow discipline of an 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 Committee Recommendations Scheduled for House Votes Next Wednesday

The House Education Committee made recommendations on several bills to be before the House next week:

OTP means Ought to Pass - OTP/A means Ought to Pass as Amended - ITL means Inexpedient to Legislate
HB 1224, relative to employee background investigations, now includes an amendment that provides additional information including arrests, charges pending disposition, or convictions of the applicant: recommendation is OTP/A.
HB 1469, relative to the required number of instructional days and/or hours in a school district calendar: recommendation is OTP.
HB 1495, relative to approval of charter schools, now includes an amendment and removes the prohibition on approval of new chartered public schools between July 1, 2009 and June 30, 2011, authorizing the state board to issue approval of chartered public schools within that same time period: recommendation is OTP/A. HB 1346, a similar bill addressing the same subject, is recommended ITL.

The Exec. Dept. and Admin. Committee has made recommendations on three important bills for next week:
HB 1277, which again extends the date by another year for teachers to be eligible for the medical subsidy benefit upon retirement, thereby increasing school district expenditures: recommendation is ITL.
HB 1530, redefining earnable compensation, which is crucial to controlling expenses in the pension system: recommendation is ITL, but on a 12-5 vote, a Minority Report (supported by NHSBA) of Refer for Interim Study, may be considered.
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. The recommendation is ITL.

The Local and Regulated Revenues Committee has recommended killing a spending cap bill:

HB 1522 would allow cities and towns to amend their charters to permit a tax cap on the city or the school district budget, to only be overridden by a 2/3 vote: recommendation is ITL.

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Proposed Suspension of Building Aid

SB 486, introduced in the Senate and referred to the Senate Education Committee, still has not been scheduled for a public hearing. The bill is in response to the interim report of the Building Aid Study Committee, the committee that was created last June during final budget deliberations. As you recall, last December the Committee recommended a suspension of building aid to prevent any further obligation for state funding, thereby capping the state's financial commitment to only those projects currently approved and receiving funding. SB 486 prohibits the Department of Education from making any building aid grants for projects approved on or after June 30, 2010 until June 30, 2012. As of today's Bulletin, a public hearing on the bill has not been scheduled. ____________________________________________________________________________