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Legislative Bulletin
May 28, 2010
A Brief
Summary of Education Issues at the State House
Conference Committee deliberations
were extensive on many bills. Reports of the conference committees are
available online at (NH Legislature Conference Committee Reports). Simply scroll down and click
on the bill number of interest. The House and Senate are currently scheduled
to meet for legislative action on Conference Committee reports next Wednesday,
June 2. _____________________________________________________________________________
Fiscal Year 2011 Budget Reductions:
Impasse and Uncertainty (HB 1128 - SB 450)
House and Senate conferees worked extensively, including
"stopping the clock", to meet deadlines and work toward consensus on a balanced
budget. The agreed upon shortfall in revenue for the current biennium is
$295.2 million. By Thursday night, conferees had reduced the shortfall from
$295 million to just under $25 million. (However, pending legislation and
other items added approximately $5 million more to the biennium deficit, for a
total of $30 million.) House conferees, holding firm in their opposition to
gaming, offered to agree on the current progress achieved and close
negotiations. Senate conferees, not wanting to leave a shortfall in the budget,
held firm to include new revenues (gaming) and offered to continue
deliberations. At that point, discussion closed and House members indicated
they would sign a report of the agreements made to date and hope that senators
would join them by next week. As of Friday afternoon, there was no joint
agreement and without further action, the FY 2010 and 2011 state biennium
budget would remain with a $295 million deficit, and proposed cuts would not be
implemented. Details of the proposed cuts in education aid receiving
initial agreement among conferees remained as previously reported in NHSBA
Bulletins: Catastrophic aid would be reduced by $3,946,405, resulting in a
distribution of this aid that is expected to be approximately 79% of
entitlements. Other state aid cuts included $607,993 in Tuit & Transp;
$128,065 in Dropout Prev; $39,903 in Local Ed Improvement; $23,942 in Statewide
Spec Educ; $9,178 in Career Tech Student Orgs.; $65,000 to eliminate the Parent
as Teacher program; a $15,961 reduction in school nutrition reimbursements for
breakfast; a $102,920 reduction in support of adult education programs; and a
$240,420 reduction in expenditures for state assessments. Conferees had also agreed to a provision for school boards
to hold a special district meeting in response to anticipated reductions in
state aid. The governing body could call a special meeting to consider
reduction or rescission of appropriations made for FY 2011. The legislative
body (district meeting) could approve or disapprove any proposed reduction or
rescission of appropriations, or approve lesser reductions, but could not
approve greater reductions, increase appropriations, reduce or rescind an appropriation
not specified in the warrant or act on any other business at the meeting. While the House proposed a further reduction in the state
share of teacher, police and fire retirement contribution rates next year,
reducing the state share by another 5%, down to 20% and downshifting another
$9.4 million on local budgets, the Senate did not agree and this provision was
not among the items receiving tentative agreement. ______________________________________________________________________________
Special Education Liability for
Parentally Placed Students - SB 520
House and Senate conferees agreed to the House version of SB 520, relative to the financial
liability for special education services when a child has been "parentally
placed" in a school outside the child's district of residence. The bill
addresses responsibility for special education liability for students placed
out of district by a parent or custodian rather than by the resident district.
SB 520 clarifies that a child's
resident district retains responsibility for special education costs. However,
it is not the intent of the bill that resident districts be responsible for
special education costs for parentally-placed out-of-district students if the
resident district has not participated in the identification or IEP of the
student and has not entered into an agreement to accept those costs. ____________________________________________________________________
Building Aid Suspension - SB 486 Houseand Senate
conferees came to agreement on SB 486,
implementing a 1-year suspension on building aid, stipulating that no school
building aid be made for projects approved on or after June 30, 2010 through
June 30, 2011. This temporary 1-year suspension is to allow for the redesign
of the building aid program with a plan to ensure its long-term sustainability.
The agreement places significant emphasis on the work of the Committee to
Study the School Building Aid Grant Program, which is to submit a final report
with recommendations for proposed legislation by December 1, 2010. The
agreement also increases the membership of that committee by one additional
senator and one additional representative, with one of the three senators on
the committee being a member of the senate education committee, and two of the
four representatives being members of the house education committee. ______________________________________________________________________________ Renovation and Replacement of School
Buildings - SB 59 House and Senate
conferees came to agreement on SB 59.
The bill requires school districts to investigate feasible options in the
course of deciding to renovate or replace an existing school building. The
district shall hold at least one public hearing and shall seek input from
municipal boards and departments. The district shall also review the
municipality's zoning regulations and master plan in order to maximize best
planning practices. Plans for construction or renovation must comply with
effective statewide planning and the principles of smart growth. ___________________________________________________________________________
Pooled Risk Management Programs - HB
1393 House and Senate
conferees came to agreement on HB 1393, proposing
changes impacting Pooled Risk Management Programs, specifically the Local
Government Center Health Trust, PRIMEX, and SchoolCare. The proposed agreement
will give the Secretary of State authority to investigate and pursue
enforcement actions against pooled risk management programs. The Secretary of
State is required to provide a report of ongoing investigations of any pooled
risk management program at least every 6 months to the senate and house
committee with jurisdiction over matters of commerce. _______________________________________________________________________________
Action on Conference Committee Reports Conference Committee reports must go to the full House and
Senate for concurrence. The House and Senate are currently scheduled to meet
for legislative action on Conference Committee reports next Wednesday, June 2.
_________________________________________________________________________ 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.
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Dean Michener
NHSBA Director of Governmental Affairs
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