Legislative Bulletin
January 14, 2011
A Brief Summary of Education Issues at the State House
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NHSBA Priority Bills for Next Week
SB 1 - "Evergreen" Repeal Passes Senate Committee
SB 1, repealing a statutory provision requiring automatic continuation of "any pay plan" in public employee collective bargaining agreements that are at impasse, received strong support from local government representatives at a hearing before the Senate Public and Municipal Affairs Committee. Executive Director Ted Comstock provided NHSBA testimony in support of the bill, which is a specific NHSBA resolution. Following the hearing, the committee approved the bill on a 4-1 vote. The bill is now scheduled for a vote on the floor of the Senate next Wednesday, January 19.
ACTION ITEM
Please contact your senator and express your support for passing this bill. Repeal of the 'evergreen statute' will prevent the implementation of pay raises without local voter approval. The evergreen provision has fostered a more adversarial bargaining process leading to more impasses, with no incentive for labor to bargain a new contract when automatic pay increases are guaranteed. There are many reasons for impasse at the local level, including those contracts rejected by vote of the legislative body at a district meeting; the evergreen statute requires that employee raises be provided in such instances. During these tough economic times, unions will have little incentive to negotiate when they are assured that salary increases are forthcoming. Urge your senator to support the motion of Ought to Pass for SB 1 and repeal the evergreen law.
HB 112 - Relative to the required number of instructional days/hours in a school district's calendar
HB 112, relative to instructional days and hours, also reflects a specific NHSBA resolution. The bill simply seeks to remove the requirement for Commissioner of Education approval when a calendar complies with Dept. Educ. rules. Current law requires a school year of EITHER 180 days OR the equivalent hours of instruction. In 2005, rules were adopted that specify the required number of hours at the elementary and secondary level. Current law requires Commissioner approval if using the option based on hours, but this approval is unnecessary since rules stipulate what is required. Districts should not have to seek department approval when complying with law and rules. The bill is scheduled for a hearing before the House Education Committee on Tuesday, January 18, at 1:30.
ACTION ITEM
Please contact the House Education Committee and express your support for this bill. This bill brings state law into agreement with the Minimum Standard Rules change adopted in 2005. The Rules in Ed 306.18 require each school to maintain a school year either based on hours or days. Current law reflects the previous provision of allowing a school year based on hours "if approved by the commissioner". HB 112 simply removes the requirement for commissioner approval, replacing it with "as required in rules".
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House Speaker O'Brien Creates Special Committees on Major Focus Issues
Speaker O'Brien has addressed three important subject areas that are of particular focus this session by creating special committees, two of which are significant for school board members.
Special Committee on Education Funding Reform: It shall be the duty of the Special Committee on Education Funding Reform to consider all matters pertaining to the reform and revision of state funding of primary and secondary education. The Committee is Chaired by Rep. Lynne Ober with Rep. David Hess as Vice Chair. Remaining members are Representatives Paul Ingbretson, Michael Balboni, Susan DeLemus, Andrew Renzullo, Robert Foose, Gary Richardson, Mary Stuart Gile and Anne Grassie.
Special Committee on Public Employee Pensions Reform: It shall be the duty of the Committee on Public Employee Pensions Reform to consider all matters pertaining to reform and revision of public employee pension plans and programs; the funding of public employee pension plans and programs; eligibility for public employee pension plans and programs; eligibility for benefits under public employee pension plans and programs; and alternatives to public employee plans and programs. The Committee is Chaired by Rep. John Reagan with Rep. Ken Hawkins as Vice Chair. Remaining members are Representatives Wes Shuler, John Sedensky, Daniel Sullivan, William Smith, Edward Moran, William Infantine, Neal Kurk, Shawn Jasper, Betsey Patten, Lynne Blankenbeker, Laurie Sanborn, Stephen Shurtleff, David Cote and Patrick Long.
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State Building Aid Notes
Many board members have contacted NHSBA asking for information on state building aid. At this time, there is not much to share. As you recall, the Final Report of the Committee to Study the School Building Aid Grant Program was released last November. The Committee met only three times since adopting their interim report, and the final report simply concluded that, "the Committee was unable to propose meaningful findings and recommendations for legislation". Full funding of Building Aid was included in the Department of Education's initial funding request for the biennium, with an estimated cost of $102 million. The Department's budget request is reviewed by both the Governor and legislator, and will be part of the deliberation process to determine funding levels and propose a state budget. The Governor's budget is due by February 15, to be presented to the legislature for further deliberation and review.
Several legislative requests relating to building aid were filed, but have not been printed or released as bills yet. These include a possible cap on the amount of grants, as well as possible changes to the approval of plans and specifications. It is still too early to know the details or intent of these legislative requests. However, two requests have been released as bills and are scheduled for public hearings:
HB 60, repealing the moratorium on school building aid projects implemented in the 2010 legislative session. This bill would impact construction project questions put before the voters at district meetings this year. It has a public hearing in the House Finance Committee on Wednesday, January 19 at 1pm.
SB 24, exempting the Unity school district from the provisions of the school building aid moratorium enacted in the 2010 legislative session. This bill specifically provides state building aid for construction plans adopted by the Unity school district. It has a public hearing in the Senate Education Committee on Tuesday, January 18, at 1pm.
NHSBA will continue to monitor this issue and keep school board members aware of any new developments.
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House Education Committee Hearings Next Week
January 18, 2011 in Room 207, LOB
HB 34, extending the "hold harmless (collar)" provisions on adequate education grants for FY 2012 & 2013: 10:30.
HB 112, relative to the required number of instructional days/hours in a school district's calendar: 1:30.
HB 67, expanding the duties of the SAU oversight committee to include cooperative district issues: 2:30.
HB 59, establishing a committee to study making revisions and changes necessary to improve the clarity of the education laws: 3:00.
HB 130, permitting a school to demonstrate that it is providing the opportunity for an adequate education by receiving full accreditation from the New England Association of Schools and Colleges: 3:30.
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NHSBA Delegate Assembly - Saturday, January 15, 2011
Be sure to mark your calendar now for the 2011 NHSBA Delegate Assembly on Saturday, January 15th, at the Local Government Center in Concord, NH.
For the complete text of any bill, go to the general court web site and enter the bill number, e.g. SB1, HB34 or CACR3 (no spaces!), and make sure the Session Year is 2011.
For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: deanm@nhsba.org.
