March 12, 2010 NHSBA Legislative Bulletin

Legislative Deadline Approaching

CROSSOVER is the term used to indicate the deadline for all House bills to go to the Senate and all Senate bills to go to the House. Crossover this year is March 25, the last day to act on House bills in the House, or Senate bills in the Senate. This means that Thursday, March 18 is the last day to report on bills still in committee, so that committee recommendations can be printed in the Calendar for House/Senate votes the following week on March 24 and/or 25.
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House Action This Week

The House met on Wednesday and Thursday, taking action on many bills, including the following:
[OTP means Ought to Pass - OTP/A means Ought to Pass as Amended - ITL means Inexpedient to Legislate]
HB 1411, requiring notice of the decision against rehiring to be provided to educational support personnel: PASSED on an OTP/A vote. The amended bill requires notification by the last day of a school year to education support personnel and non-certified school district employees who have completed their probationary period of employment of the intent that their employment will or will not continue into the next school year. The bill allows the employer to state any conditions such as budget or changes in enrollment that might necessitate a change to that anticipated employment and further states that there is no intent to amend, replace or otherwise modify a school district's policy on dismissal, collective bargaining agreements or any employee benefits package.
HB 1412, requiring that all school employees receive due process protections and just cause as part of any disciplinary action: KILLED on an ITL vote.
HB 1414, requiring that evaluations of teachers who are employed by the school district shall be based on multiple, reliable, and accurate measures: was sent to INTERIM STUDY. This effectively kills the bill for this year. A report and possible recommendations will be filed, but any legislative response/proposal will have to be introduced as new legislation next year.
HB 1523, revising the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyberbullying: PASSED on an OTP/A vote. This amended bill broadly revises the definition of bullying, incorporates cyberbullying, and requires boards to adopt written policies covering fourteen specified components and involving pupils, parents, and the community in the development of the policy. Training will also be required within six months of the adoption of the bill and annually thereafter.
HR 21, urging the department of education to conduct a survey of New Hampshire educators: PASSED on an OTP vote. This resolution encourages the department of education to conduct a survey of NH educators to assess the strengths and weaknesses of the educational system in New Hampshire.

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Senate Action This Week

SB 486, suspending state building aid for new projects approved next year: PASSED on an OTP/A vote. The amended bill provides that no school building aid or alternative school building aid grants shall be made to school districts for projects approved on or after June 30, 2010 until June 30, 2011. An emergency provision was added, stating that the department of education, in consultation with the state fire marshal, may grant a waiver if the local fire chief or state or local fire marshal determines, based on reasonable information and belief, that the condition of such school constitutes a clear or imminent danger to the life or safety of occupants or other persons. It also requires the current committee studying school building aid to continue to solicit and consider public input on the goals, procedures, and operation of the school building aid grant program. The bill now goes to Senate Finance for further review.
SB 396, limiting the use of restraint practices in schools and treatment facilities and establishing certain reporting requirements regarding the use of such practices: PASSED on an OTP/A vote. This bill defines certain types of restraint, limits their use to emergency situations, and prohibits dangerous restraint techniques. School boards are required to have a written policy and procedures for managing the behavior of children. Such policy shall describe how and under what circumstances restraint is used and shall be provided to the parent, guardian, or legal representative of each child. The bill now goes to Finance for further review.
SB 504, extending the effective date for the implementation of the retirement system employer assessments for excess benefits to July 1, 2011: PASSED on an OTP vote. This bill delays for a year the additional assessments to be charged to public employers for "excess benefits", i.e. the "125% spiking" assessment that has been the subject of much legislative scrutiny.
SCR 2, encouraging New Hampshire schools to adopt environmentally sound practices: PASSED on an OTP/A vote. The amended resolution urges school districts in New Hampshire to develop an environmental policy that includes adoption of a pest management program, audit of cleaning materials, creation of recycling and composting programs, a plan to improve energy efficiency and a program to ensure that new schools use environmentally sound building materials and their efficient use of energy, water and other resources to create a healthy learning environment.

SCR 2 stands for Senate Concurrent Resolution 2. 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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