nhsba

Legislative Bulletin

June 4, 2010


A Brief Summary of Education Issues at the State House


Both the House and Senate met on Wednesday, voting on Committee of Conference reports. Left unresolved were adjustments to the budget, leaving a budget shortfall of approximately $300 million. The Executive Council agreed to a proclamation by the Governor to bring legislators back for a special session that would be limited to addressing measures necessary to ensure a balanced budget. Both the House and Senate are scheduled to meet next Wednesday, June 9, for what is likely to be a full day of work, including the adoption of rules for the special session that is limited to enacting legislation to ensure that the state's budget remains balanced for the fiscal year 2010-2011 biennium.
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Conference Committee Reports adopted by the House and Senate
SB 520 - special education liability for parentally placed students. This bill addresses responsibility for special education liability for students placed out of district by a parent or custodian rather than by the resident district. It clarifies that a child's resident district retains responsibility for the determination of the provision of special education services. As noted by Senator Bragdon in his comment on the floor of the Senate, the bill, "clarifies that if a dispute arises between two school districts, in cases of a unilateral parental placement, the resident district has the final say on the determination of the provision of special education services."
 
SB 503 - expanding the unique pupil identification for pre-K to post secondary education. The bill expands use of unique pupil identifier numbers to early childhood programs and post secondary institutions, allowing the tracking of student achievement data in order to improve instruction.
 
SB 486 - 1-year suspension on building aid by 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 bill 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 bill 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.
 
SB 59 - renovation and replacement of school buildings. 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.
 
HB 1393 -proposed changes impacting Pooled Risk Management Programs (Local Government Center Health Trust, PRIMEX, and SchoolCare). The bill gives 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.
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Fiscal Year 2011 Budget Reductions: Left to a Special Session
Addressing a budget deficit of approximately $300 million will be the task of a special session requested by Governor Lynch and the Executive Council. The purpose is to ensure a balanced state budget, and consideration would be limited to measures necessary to achieve that goal. House and Senate members will be adopting rules and determining plans to proceed. It is assumed that agreements reached during the "failed" committee of conference on HB 1128 (budget reductions), and closing the gap to $25-30 million, will be utilized for the special session.
 
Proposed cuts in education aid that received initial agreement among House and Senate conferees on HB 1128: 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.
 
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.
 
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.
 
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Legislation Already Signed by Governor Lynch
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" is defined as 10 half days of unexcused absences instead of the current 20 half days. Effective date: July 6, 2010.
 
HB 615, making various changes and clarifications to the section on organization, reorganization, and withdrawal from a school administrative unit. Effective date: June 18, 2010.
 
HB 1157, relative to the appointment of a deputy treasurer. The bill amends RSA 197:24-a and allows a school district treasurer to appoint a deputy treasurer, subject to approval by the school board, who shall perform the duties of the treasurer in case of the treasurer's absence by sickness, resignation, or otherwise. Effective date: July 6, 2010.
 
HB 1198, clarifying the notice requirement for supplemental public hearings on budgets. Effective date: July 24, 2010.
 
HB 1265, requiring school boards to develop a policy to address air quality issues in 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. Effective date: January 1, 2011.
 
HB 1276, allowing the assets of capital reserve funds of counties, towns, and districts, to be combined for investment purposes. Each capital reserve fund must be maintained separately on the books of the town, but the assets of such funds may be pooled in order to invest in a broader range of investments to maximize growth and mitigate risk. Effective date: July 17, 2010.

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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