February 12, 2010 NHSBA Legislative Bulletin

House Action This Week

The House met in session on Wednesday and due to various delays and procedural maneuvers, was unable to complete its scheduled work. Status of the following bills of interest to school board members is as follows:
[OTP means Ought to Pass - OTP/A means Ought to Pass as Amended - ITL means Inexpedient to Legislate]
HB 1224, NOT CONSIDERED, scheduled for Feb. 17, relative to employee background investigations, with an amendment that provides additional information including arrests, charges pending disposition, or convictions of the applicant: recommendation is OTP/A.
HB 1469, NOT CONSIDERED, scheduled for Feb. 17, providing that the number of days in the school year may be defined by department of education rules which specify an equivalent number of hours: recommendation is OTP.
HB 1495, PASSED - OTP/A and referred to Finance Committee for further review, relative to approval of charter schools, with an amendment it 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. HB 1346, a similar bill addressing the same subject, was NOT CONSIDERED and is now scheduled for Feb. 17: this bill has a recommendation of ITL.
HB 1277, KILLED - ITL, extending yet again the date by another year for teachers to be eligible for the medical subsidy benefit upon retirement, thereby increasing school district expenditures:
HB 1530, KILLED - ITL, redefining earnable compensation, a key definition crucial to controlling expenses in the pension system. A proposed Minority Report (supported by NHSBA) of Refer for Interim Study was rejected.
HB 1681, KILLED - ITL, 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 and requiring 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.

HB 1522, NOT CONSIDERED, scheduled for Feb. 17, allowing cities and towns to amend their charters to permit a tax cap on the city or the school district budget: recommendation is ITL.

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Proposed Change in Warrant Article Language for Local Approval of Charter Schools

SB 347, which amends the ballot question language for chartered public schools approved by a school district, was opposed by NHSBA at a public hearing before the Senate Education Committee. The bill would amend RSA 194-B:3, III(e) by removing language that calls for a specific amount to be appropriated; instead it changes the required language to refer to a per pupil appropriation "not to exceed 80% of the district's average cost per pupil". The required language of the article goes on to state "in the case of pupils who reside outside of the district, an annual payment from the pupil's district of residence or the department of education" leaving it uncertain as to who would actually provide payment for a student choosing to attend a locally approved charter school located in another district. Assuming a district did not vote to appropriate funds for "out-of-district" charter school students, it is not clear that the state would automatically provide funding for these students. The bill's fiscal note refers to "potential sending school district tuition payments", but does not specify how to determine whether the resident school district or state pays the tuition for a student attending a charter school that has been approved by a different school district. Rather than providing clarity, the bill causes confusion and could even be interpreted as requiring districts to appropriate funds for resident pupils who choose to enroll in a district-approved charter school located elsewhere in a different district. To date, this situation has not arisen since all currently operating charter schools have received their approval by the state under the pilot program and therefore receive their funding directly from the state.

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Another Constitutional Amendment Proposal for State Aid to "Alleviate Disparities"

CACR 34 had a public hearing before the Senate Judiciary Committee this week. This proposed amendment to our constitution would have the state's adequacy responsibility fulfilled by "reasonably (defining) the content of an adequate public education and (distributing) state funds for public education in the manner that it reasonably determines to alleviate local disparities". NHSBA gave written testimony in opposition, offering similar comments to the NHSBA testimony provided at the hearing in January before the House Finance Committee on CACR 27, which was killed in the House last week on a roll call vote of 233-125.

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Child Restraint Practices in Schools and Treatment Facilities

SB 396 had a public hearing before the Senate Health and Human Services Committee this week. This bill restricts the use of restraint practices in schools and treatment facilities and establishes certain reporting requirements regarding the use of such practices. The bill defines various forms of "restraint" and includes prohibitions on "prone" restraint or any physical restraint technique that endangers children. (SB 396 is similar in some respects to proposed national legislation (H.R. 4247) that was favorably reported out by committee for consideration by the US House of Representatives.) SB 396 requires written policy and procedures for managing the behavior of children and describing how, and under what circumstances, restraint is used. It also contains provision for notice and record-keeping requirements as well as regular review of district restraint usage records by the department of education and their preparation of publicly available summaries of restraint usage.
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House Education Committee Scheduled to Make Important Recommendations

The House Education Committee is scheduled to hold 'executive session' next Tuesday, Feb. 16, when votes on recommendations for several key bills will be taken. The following bills are all scheduled for consideration:

HR 21, urging the department of education to conduct a survey of New Hampshire educators to provide feedback about the impact of current educational programs in the state.
HB 1411, requires notice of the decision against rehiring be provided to educational support personnel.
The subcommittee working on this bill is recommending language that requires written notice to education support personnel and non-certified employees of the intent to continue, or not, that employment into the next school year. Such notification may also contain "special circumstances as defined by the employer".
HB 1412, requires due process for educational support personnel.
HB 1414, requires that evaluations of teachers who are employed by the school district shall be based on multiple, reliable, and accurate measures.
The subcommittee working on this bill is recommending language that requires the department of education, with the professional standards board, to review certification/recertification requirements in rules and align them with "nationally recognized teacher and administrator personnel evaluation standards". Evaluations of teachers must be based on multiple research-based measures and not be exclusively linked to the test performance of students in the teachers' class. Exclusion for application to the dismissal, nonrenewal and bargaining statutes is proposed.
HB 1453, requires schools to give notice to legal guardians of certain school programs which address health, sex education, sexual orientation or gender identity, or political activism.
HB 1479, requires body mass index be assessed in all pupils in grades one, 4, 7, and 10 who have not opted out for religious reasons.
HB 1523, revises the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyberbullying.
The subcommittee working on this bill has addressed much of NHSBA's concerns. However, a possible change in the definition of "bullying, harassment, or intimidation" will be considered by the committee, changing a list of categories that have a basis in law, to an open-ended and vague reference to perceived "characteristics, behavior or beliefs". This change could leave districts subject to arbitrary challenges.
HB 1580, establishes that parents have a natural, fundamental right to determine and direct the education of their children. The bill also exempts children who are receiving educational instruction from a parent from the compulsory attendance requirements.
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Public Hearing Scheduled on Proposed Suspension of Building Aid

SB 486, prohibiting the Department of Education from making any building aid grants for projects approved on or after June 30, 2010 until June 30, 2012, will have a public hearing before the Senate Education Committee on Tuesday, March 2nd at 10:15 in room 103 of the Legislative Office Building (LOB). This bill is in response to the recommendation of the Building Aid Study Committee, created last June during budget deliberations (see interim report of the Building Aid Study Committee).
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Resolution Encouraging Environmentally Sound Practices in School Cafeterias

SCR 2 (SENATE CONCURRENT RESOLUTION 2) urges school districts in New Hampshire to adopt environmentally sound practices in their school cafeterias and school lunch programs. The bill includes references to adoption of an integrated pest management program and other policies to minimize or eliminate the use of hazardous pesticides and herbicides in schools as well as using least toxic cleaning substances and least wasteful procedures. The bill also refers to the use of environmentally sound building material, the efficient use of energy, water, and other resources, and the creation of a healthy learning environment for children. The Department of Education supported the bill and urged amending it to reference the entire school building and not just cafeterias.
A concurrent resolution is acted on by the house or senate and sent to the other body for approval but is not sent to the governor for signature. Therefore, it does not have the effect of a law, and it is important to note that it cannot be used to appropriate money. Concurrent resolutions may be used to put the legislature on record as supporting or disavowing some aspect of national or state policy.
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