nhsba

Legislative Bulletin

April 16, 2010


A Brief Summary of Education Issues at the State House

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State Budget Update
On Monday, the Legislative Fiscal Committee adopted unanimously the Governor's recommended cuts for the current fiscal year, FY 2010. Local school budgets will be impacted this year by approximately $1.3 million in cuts to state aid. Specific cuts include the following:
State Aid              FY 10 Appropriation             Reduction        %           Adjusted Appropriation
Catastrophic Aid           $ 30,567,754                  $ 670,000       2.19       $ 29,897,754
Tuit & Transp                 7,329,018                      99,000       1.35           7,230,018
Statewide SpEd                   291,000                        75,000     25.77         216,000
Local Ed Improve              485,000                       25,000       5.15               460,000
Additional cuts in Reading Recovery ($33,000), state testing ($23,000), school nutrition ($52,000) and adult education ($81,000) were also included.
 
For next year in FY 2011, NHSBA opposed almost $10 million in cuts that were proposed to a joint meeting of the House and Senate Finance Committees. The cuts are included in an amendment to SB 450, which already addresses budget issues primarily associated with Health and Human Services. Education cuts in the proposed amendment include:

State Aid               FY 10 Appropriation        Reduction         %           Adjusted Appropriation
Catastrophic Aid    $ 31,430,117                 $ 7,800,000        24.8                   $ 23,630,117
Tuit & Transp            7,555,689                   602,000           7.97                   7,230,018
Dropout Prevention    1,750,000                    139,000           7.94                       1,611,000
Statewide SpEd          300,000                          23,000           7.67                         277,000
Local Ed Improve        500,000                          39,000           7.8                       461,000
Court ordered place  1,500,000                          19,000           7.93                      1,381,000
Additional cuts in career tech student organizations ($9,000), state testing ($239,000), school nutrition ($16,000) and adult education ($102,000) were also included, as well as eliminating funds for Parents as Teachers ($65,000).
 
An additional downshift of costs from the state to local districts is a proposed $9,367,000 reduction in the state contribution for local government retirement costs (pension and medical subsidy), cutting the FY 2011 appropriation from $46,837,853 to $37, 470,853. This corresponds to yet another reduction in the state share from 25% down to 20%. Of the $9+ million downshift to local property taxes, approximately $5 million impacts schools and $4 million municipalities.

ACTION ITEM
Please contact members of the Senate Finance Committee, House Finance Committee, and your local senator and representatives to voice your opposition to this bill and make sure they understand the impact of the timing of these cuts. The Fiscal Committee's FY 2010 cuts impact current year budgets and will be felt before the end of this school year. The FY 2011 proposed cuts impact next year' budgets, most of which were adopted at March annual meetings and based on higher levels of anticipated state revenue. These proposed reductions in state revenue sources were not known or anticipated at the time of budget development, deliberation or adoption.
 
The FY 2011 cut of $7.8 million in Catastrophic Aid is of special concern. Currently this year, Cat Aid is reimbursing approximately 88% of the eligible expenditures that were made last year. With the Fiscal Committee action this week, that level of reimbursement drops closer to approximately 85%. The adjusted FY 2011 appropriation after the proposed cut would represent only 68% of current year entitlements (assuming no increase). These current year expenses cannot be modified or reduced: they are based on required programs that meet the educational needs of these students. Since districts were not aware of these lower estimates of aid during the budget process, such cuts will have far-reaching impact on other areas of local budgets as well as increasing local property tax rates next fall.
 
The House Finance Committee has scheduled a wok session to review the Department of Education budget cuts on Thursday, April 22 at 3:30 pm in room 210 of the Legislative Office Building (LOB)
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FY 2011 State Building Aid Update
The House Education Committee recommended approval of the moratorium on eligibility for school building aid next year on a 12-4 vote of Ought to Pass as Amended on SB 486. Minor changes are proposed in the waiver provision, as well as a requirement for the current Building Aid Study Committee to include representation from both the House and Senate Education Committees. Representative Brien Ward (Littleton) offered compelling testimony in opposition to the moratorium, but concern with state budget issues prompted most members to support the moratorium. The committee recommendation will be considered by the full House next Wednesday, April 21, and then likely referred to the Finance Committee for further review.
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Labor Bill Requiring Notice to Education Support Staff and Non-certified Employees
HB 1411, requiring notice to educational support personnel and non-certified school district employees, was opposed by NHSBA at a hearing before the Senate Education Committee. This bill requires the superintendent to notify, in writing, all qualified education support personnel and non-certified school district employees who have completed their probationary employment period of the intent to continue or not to continue that employment into the next school year.
ACTION ITEM
Please contact the Senate Education Committee and your local senator to voice your opposition to this important bill. There has been no demonstrated problem indicating the need for this bill. Many districts currently provide notice based on a collective bargaining agreement, local policy or an employee handbook. The bill is not clear as to whether the "notice" is binding, or if part-time employees are included as well as full-time employees. The bill provides for the notification to include "special circumstances as may be defined by the employer", but what happens if "circumstances" change after the notice but prior to the school year (budget, cuts in state/federal funding sources, enrollment and corresponding staffing needs)? The proposed requirement significantly reduces the flexibility that a school district needs to meet ever changing and fluctuating needs.
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House and Senate Hearings This Week
House and Senate Action This Week
The Senate met on Wednesday and passed the following 2 bills relative to Indoor Air Quality:
HB 1265, requiring school boards to develop a policy to address air quality issues in schools; and
HB 1289, requiring annual investigations of air quality in public schools. The required 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. The annual air quality investigation is to be done by the principal, or designee, using a checklist provided by the department of education. The department will also disseminate, and encourage the use of, the Tools for Schools program.
 
The House formally concurred with Senate versions of the following 2 bills:
HB 615, making various changes and clarifications to the section on organization, reorganization, and withdrawal from a school administrative unit; and
HB 154, making various changes to the laws on truancy. The bill requires school boards to adopt policies that define "excused absences" and include a process for intervention designed to address cases of truancy as quickly as possible. The policy must also include early parental involvement in the intervention process. In addition, "habitual truancy" would be defined as 10 half days of unexcused absences instead of the current 20 half days.
These bills have all been adopted by both the House and Senate and will now go to the governor for signature.

House and Senate Hearings Next Week

Joint House and Senate Education Committees - Room 207 LOB (Legislative Office Building)
The Task Force to Develop a Performance-Based Accountability Systemis 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.
 
House Finance Committee - Room 210, LOB (Legislative Office Building)
SB 465, relative to the transition period for implementing the adequacy aid formula: full committee work sessionon Thursday, April 22 at 10. This bill extends the hold harmless/collar provisions for calculating the distribution of education adequacy grants one year, through the 2012 fiscal year. The bill also establishes a committee to study the sustainability of the existing state programs for funding K-12 education, including adequate education grants, fiscal capacity disparity aid, and catastrophic aid. The committee would consist of three senators and four representatives, and have a specific duty to study the sustainability of the existing state programs for funding K-12 education, including adequate education grants, fiscal capacity disparity aid, and catastrophic aid. The committee shall report its findings and any recommendations for proposed legislation on or before December 1, 2010.

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For the complete text of any bill, go to the general court web siteand 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