Legislative Bulletin
January 21, 2011
A Brief Summary of Education Issues at the State House
______________________________________
NHSBA Priority Bills
SB 1 - "Evergreen" Repeal Passes Senate - Moves over to House
SB 1, repealing the statutory provision requiring automatic continuation of "any pay plan" in public employee collective bargaining agreements that are at impasse, received strong support on the floor of the Senate, passing on a 19-5 roll call vote. The bill has moved over to the House Labor Industrial and Rehabilitative Services Committee. A hearing date has not yet been set for the bill.
ACTION ITEM
Please contact members of the House Labor Industrial and Rehabilitative Services Committee as well as your local representative 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 Representative to support SB 1 and repeal the evergreen law.
HB 112 - Relative to the required number of instructional days/hours in a school district's calendar: House Education Committee Vote Scheduled
HB 112, relative to instructional days and hours and also reflecting a specific NHSBA resolution, was generally supported by those attending the public hearing. The lone objection came from the Dept. Education, which continues to object to the bill, primarily due to concerns over provisions that exist within rules. This 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 House Education Committee will vote on a recommendation for this bell next Tuesday, January 25 in their Executive Session starting at 2:00.
ACTION ITEM
Please contact the House Education Committee and express your support for this bill. It 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". Furthermore, Ed Rule 306.20 still provides for Commissioner Approval of an Alternative School Year that is not in compliance with ED 306.18.
______________________________________
Senate President Peter Bragdon Offers Remarks at NHSBA Delegate Assembly
Senator Peter Bragdon, NH Senate President, delivered a luncheon address last Saturday at the NHSBA Delegate Assembly. School Board members and delegates were pleased Senator Bragdon took the time on a Saturday to join us and gave the Senator a warm reception as he shared his perspective on the current legislative session and priorities of the Senate Republican majority.
Senator Bragdon first spoke to the focus on repealing the "Evergreen Statute", which passed on the floor of the Senate this week. He also shared the Senate's focus on achieving significant reform of our public pension system. Consistent with NHSBA's adoption of a Resolution aimed at achieving a strong, secure, solvent and fiscally sustainable retirement system, Senator Bragdon spoke to efforts to change the definition of "earnable compensation", and have "average final compensation" reflect a 5-year, rather than the current 3-year, average. The Senator also noted likely efforts to increase the contributions of employees to share in the increased costs of public pensions, as well as a possible restructuring of the Board of Trustees. The Senate proposal on pension reform will appear soon in the form of a comprehensive "omnibus" bill. NHSBA will continue to work closely with the Senate and keep you informed of developments.
Senator Bragdon also noted the very difficult budget process for the coming year, and the shortfall in revenues needed to fund programs such as Catastrophic, Building and Adequacy Aids. Based on his conversations with leadership and budget writers, he shared his doubt that the state share of retirement contributions would return to the 35% level as currently contained in statute. He also shared the likelihood of a constitutional amendment addressing education funding, and possible targeting of state aid.
______________________________________
House Education Committee Hearings Next Week
Tuesday, January 25, 2011 in Room 207, LOB
10:30 a.m. HB 39, relative to the adoption of the common core state standards in New Hampshire and relative to the substantive content of an adequate education.
11:00 a.m. HB 164, requiring legislative approval for the adoption of the common core state standards in NH.
At 2:00 p.m. the Committee will hold Executive Session to deliberate on several bills that already had public hearings, including HB 34, extending the "hold harmless (collar)" provisions on adequate education grants for FY 2012 & 2013: HB 112, relative to the required number of instructional days/hours in a school district's calendar: HB 67, expanding the duties of the SAU oversight committee to include cooperative district issues: 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 (NEASC).
Thursday, January 27, 2011 in Room 207, LOB
10:00 a.m. Continued public hearing on HB 59, establishing a committee to study making revisions and changes necessary to improve the clarity of the education laws.
11:00 a.m. HB 172, relative to transporting school children to school and school-supported activities.
11:30 a.m. HB 179, establishing a task force to study the formula for determining adequate education grants.
______________________________________
House Special Committee on Public Employee Pensions Reform
The House Special Committee on Public Employee Pensions Reform has scheduled meetings for the next two weeks on Friday, January 28 and February 4, at 10:00 a.m.
House Special Committee on Education Funding Reform
The House Special Committee on Education Funding Reform has not yet scheduled a meeting, but has already been assigned two bills for consideration:
HB 208, providing an additional $1,000 per pupil in a public school with 150 or fewer pupils.
HB 216, relative to the instructional authority of school boards. The bill amends RSA 189:1-a to include the following: Elected school board members shall be responsible for establishing the structure, accountability, advocacy, and conduct of instruction. To accomplish this end, and to support flexibility in implementing diverse educational approaches, school board members shall establish instructional goals based upon available information about the knowledge and skills pupils will need in the future.
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.
