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.