nhsba

Legislative Bulletin

April 2, 2010


A Brief Summary of Education Issues at the State House

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House and Senate Hearings This Week
Legislative hearings and debate have now begun for bills that have survived the first half of the session. The Senate is now deliberating on House bills, and the House on Senate bills.
HB 1224, relative to school employee and volunteer background investigations and relative to applicants for driver education certificates and school licenses, was supported by NHSBA at a hearing before the Senate Education Committee. The bill adds "charges pending disposition" to background checks that are applicable to employees and designated volunteers. The committee sought information from NHSBA on local policies regarding criminal background checks and those "designated volunteers" who are subject to such screening. The additional information regarding "charges pending disposition" was seen as beneficial for school boards as they consider hiring staff, but a provision that prohibits the actual hiring of any person with a charge pending disposition remains under review. This bill also requires applicants for driver education certificates and school licenses to notify the director of the division of motor vehicles if they have been arrested, indicted, or summonsed to court for certain offenses.
HB 1495, removing the prohibition on approval of new chartered public schools, also had a public hearing before the Senate Education Committee. This bill removes the prohibition on approval of new chartered public schools between July 1, 2009 and June 30, 2011 and authorizes the state board of education to issue approval of chartered public schools within that same time period. The Dept. Education supported the bill, noting that by ending the moratorium, the state is better positioned to more effectively compete for federal "Race to the Top" funds.
HB 425, clarifying the remedies for violations of the right-to-know law, had a public hearing before the Senate Judiciary Committee. This bill revises the "Remedies" section of the Right to Know Law (RSA 91-A:8). The bill would make public bodies liable for attorney's fees and costs incurred in a lawsuit provided that the lawsuit was necessary to enforce compliance with the law. Fees may also be awarded to public bodies for having to defend a case when the lawsuit is "frivolous or in bad faith." Additionally, courts shall invalidate an action of a public body when done during a meeting held in violation of the law, unless the court finds that circumstances do not justify such invalidation. Finally, the bill provides for courts to impose a $1,000 penalty against a public official if the official acted "in bad faith". Individuals may also be required to reimburse the public body for any attorney's fees or costs unless the public official involved resigns their office. Bad faith means the violation was made "knowingly and without adequate justification."
SB 504, delaying the effective date for the implementation of the retirement system employer assessments for excess benefits to July 1, 2011, was supported by NHSBA at a hearing before the House Executive Departments and Administration Committee. This bill delays for one 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. NHRS actuaries did a study that shows varying degrees of "end of career" increases among all employee groups. Their report notes that while some adjustment to the current practice is indicated, they are minor and can wait until this year's "experience study" is completed. In addition, the SB 108 Study Committee is working on this issue and released an Interim Report in December 2009 that recommended delaying the effective date for implementing the spiking assessments. The Study Committee is scheduled to complete its work next fall and issue a report with recommendations for legislation by November 1, 2010.
SJR 2, endorsing the establishment of a statewide retiree medical trust for public employee health care reimbursement benefits after retirement, also had a hearing before the House Executive Departments and Administration Committee. This resolution endorses the creation of a trust to be administered by public employee associations and/or unions, with participation to be elective by option of an employee group, including an employee bargaining unit or other employee classification. Contributions are made during active employment for benefit payments after retirement to cover, in whole or in part, costs of health insurance premiums and other medical expenses. Funding is negotiated and may include employee contributions, transfer of sick or vacation leave, or contributions from employers as negotiated by the parties. As districts re-negotiate collective bargaining agreements, union proposals for employer participation in, and contributions to, the trust can likely be anticipated.
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Senate Action This Week
The Senate met on Wednesday and passed the following bill:
HB 1157, relative to appointment of a deputy treasurer in a school district. This bill authorizes the school district treasurer to appoint a deputy treasurer, subject to approval by the school board, who shall be qualified in the same manner as the treasurer and who shall perform the duties of the treasurer in case of the treasurer's absence by sickness, resignation, or otherwise. This bill has been adopted by both the House and Senate and will now go to the governor for signature.
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House and Senate Hearings Next Week
HB 1523, revising the statute on pupil safety and violence prevention to include harassment, intimidation, bullying, and cyberbullying, is scheduled for a public hearing before the Senate Education Committee next Tuesday, April 6, at 11:00. The bill adopted by the House contains needed improvements to the current statutes and incorporates cyberbullying. However, NHSBA will be offering testimony to help clarify a few sections of the bill, specifically the role of school boards as the policy development body, a clarification to the scope of the definition, and suggested modification to "annual training" requirements. (See the February 26, 2010 NHSBA Legislative Bulletin for a further description of the bill.)
HB 1265, requiring school boards to develop a policy to address air quality issues in schools. The policy must address methods of minimizing emissions from motorized vehicles on school property and take into account the state's anti-idling and clean air zone policies established by the department of environmental services.
HB 1289, requiring an annual investigation of air quality in public schools and for the department of education to disseminate, and encourage the use of, the Tools for Schools program in public schools. The annual air quality investigation is to be done by the principal, or designee, using a check list provided by the department of education.
SB 486, suspending state building aid for new projects approved next year, is scheduled for a public hearing before the House Education Committee next Tuesday, April 6, at 2 pm. The bill includes a legislative statement of purpose and incorporates changes to the Committee to Study the School Building Aid Grant Program. It continues to suspend building aid grants for next year (June 30, 2010 - June 30, 2011), provides for a waiver if the condition of the building, or portion thereof, constitutes a clear and imminent danger to the life or safety of occupants, and adds two more members to the Building Aid Study Committee: one senator and one representative. The Study Committee is charged to solicit and consider testimony and hold a public hearing before making a final report by December 1, 2010. The final report should include any findings or recommendations for proposed legislation to be considered next year. During discussion of the bill on the floor of the Senate, it was clarified that "project approval" meant "legislative body approval".
This bill is in direct conflict with the NHSBA resolution that was adopted unanimously at the January Delegate Assembly. Suspension of the program will likely delay any local projects being considered next year. Continuation of the aid should be maintained while the Study Committee completes its work, since the Building Aid program has effectively created local and state partnerships in financing school building improvements and represents a significant part of fulfilling the state's constitutional duty to provide an adequate education to all children.

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School Accountability System
The Task Force to Develop a Performance-Based Accountability System met this week to review decisions on common indicators, such as participation, graduation and dropout rates, as well as achievement scores. Discussion also continued on the role and use of locally determined goals, targets, and indicators, as well as the use of growth measures. The Task Force is scheduled to present an interim report of its findings and recommendations to a joint meeting of the House and Senate Education Committees on Tuesday, April 20, 2010 at 10:00. After the interim report is reviewed by the House and Senate Education Committees, the department shall verify the integrity, accuracy, and validity of the performance-based accountability system utilizing actual school data and submit a final report no later than November 1, 2010, including recommendations for future legislation and legislative adoption of the performance-based accountability system.
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For the complete text of any bill, go to the general court web site and enter the bill number, e.g. HB1523, SB405 or CACR27, and make sure the Session Year is 2010.

For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: deanm@nhsba.org.


Dean Michener
NHSBA Director of Governmental Affairs