February 11, 2011

A Brief Summary of Education Issues at the State House

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NHSBA and National Issues

This week, NHSBA President Cindy Couture, First VP Ross Deachman and Second VP Chris Lund, along with Executive Director Ted Comstock and Government Relations Director Dean Michener, attended the National School Boards Association's annual Federal Relations Network Conference in Washington, DC.  The Honorable Arne Duncan, Secretary, United States Department of Education, was a featured speaker at the conference.  Secretary Duncan gave preliminary comments regarding the current administration's views on re-authorization of ESEA (NCLB).  Terms used by Secretary Duncan included more flexibility to local districts, alternative ways to measure/assess student achievement, including recognition of growth, and elimination of the requirement that all schools meet adequate yearly progress goals by 2014 or else face sanctions.  He promised school board members that he will do everything in his power to ensure that the ESEA is reauthorized by the next school year, and the law's escalating and unfair sanctions will be replaced with supports and rewards for excellent schools. But to the frustration of several school board members, he refused to address the "what if" question: What actions would he take to remove sanctions if Congress does not get a new law passed in time for the new school year.  Secretary Duncan acknowledged that conversations with school board members and administrators have convinced him that ESEA must be reauthorized this year. Too many schools are being labeled as failing, he said, which undermines the work and morale of students, teachers, and administrators as well as the public's confidence in schools. 

NHSBA officers and staff met with the education staff of NH's Congressional Delegation.  Staff representing Senators Ayotte and Shaheen and Representatives Bass, and Guinta, spent extensive time with NHSBA and covered details of many federal issues.  The conversation focused not only on reauthorization of ESEA and harmful sanctions, but also IDEA provisions and funding levels, including concerns with the administration's proposal that funding for new programs shift from formula-based apportionments to competitive grant-based funding.  NHSBA also expressed concern with the "top-down" nature of new mandates impacting local school districts.  For example, the development of Common Core State Standards requires school boards to keep a close eye on their progress and further development to ensure it doesn't become another unfunded mandate that hurts rather than helps raise student achievement. "While this is still in its infancy, it is moving at a really fast track," said Patte Barth, director of NSBA's Center for Public Education.

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"Evergreen" Repeal to be Voted on in the House

SB 1, repealing the automatic continuation requirement for public employee collective bargaining agreements, received a favorable OTP (Ought to Pass) recommendation by the House Labor Committee on a 13-4 vote.  The full House is now scheduled to vote on this bill next week.

ACTION ITEM

Please contact  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 the Labor Committee recommendation of OTP on SB 1 and repeal the evergreen law.

Additional Labor Bills Supported by NHSBA to be voted on by the House

HB 185, requiring a public employee bargaining unit to have at least 10 members.  The Labor Committee recommended OTP on a 13-4 vote.

HB 474, prohibiting collective bargaining agreements that require employees to join a labor union (Right to Work).  The Labor Committee recommended OTP/A by a vote of 10-7.

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Education Funding

The House Special Committee on Education Funding Reform continues its Friday schedule of deliberations and hearings. The committee will meet next Friday, February 18, starting at 11:00 am in 207 LOB and follow the schedule below:

11:00 a.m.        CACR 7, relating to education funding.  Providing that the general court shall distribute funds in the manner that it determines will best promote an equal opportunity for an adequate education.

                        CACR 12, relating to funding of public education. Providing that the legislature shall define standards for education, determine the level of state funding thereof, establish standards of accountability, and allocate state funds in a manner that mitigates disparities in educational opportunity and fiscal capacity, provided that a reasonable share of state funds shall be distributed on a per pupil basis.

12:00 p.m.        Full committee work session on HB 337, relative to the calculation and distribution of adequate education grants.  Representative Hess submitted an amended version at today's hearing that would: 1) level fund Adequacy Grants at current funding levels, 2) replace the Free/Reduced Meal targeted aid provision to a flat $1,725 grant per eligible student IF attending a school with at least 12% of the student population eligible for Free/Reduced meals, 3) modifies several provisions of how the base cost of adequacy is determined biennially, and 4) would eliminate all donor towns.

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Pension Reform

The House Special Committee on Public Employee Pensions Reform also continues its Friday schedule of deliberations and hearings.  The committee will meet next Friday, February 18, starting at 9:00 am in 201 LOB:

 9:00 a.m.         HB 456, relative to the calculation of average final compensation.

10:00 a.m.        HB 265, redefining earnable compensation in the retirement system for new and non-vested members.

11:00 a.m.        HB 463, limiting the initial retirement benefit to the member's highest year of base pay.

 1:00 p.m.         HB 360, establishing a state defined contribution retirement plan for state and political subdivision members of the retirement system and establishing a committee to study the transition of current employees into the new plan and administration of the new plan.

                        Full Committee work session, followed by executive session, on bills in committee is scheduled afterwards in the afternoon.

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Committee Hearings Next Tuesday, February 15, 2011

HOUSE EDUCATION, 207, LOB

8:00 a.m.         Subcommittee work session on HB 301-FN, amending the home education statutes, HB 545, repealing the department of education's rulemaking authority for home education programs, HB 595, amending the compulsory school attendance statutes to permit parent-directed instruction programs and repealing the home education statutes.

3:00 p.m.         HB 220, relative to the approval of plans and specifications for the construction of school buildings.

3:30 p.m.         HB 528, requiring school districts to develop a facility maintenance and capital improvement program.

4:00 p.m.         HB 604, requiring the commissioner of the department of education to prioritize school building proposals.

Executive session may follow.

SENATE EDUCATION, Room 103, LOB

1:20 p.m.         SB 113, relative to nonpublic schools receiving public funds.

1:40 p.m.       SB 114, prohibiting assessing teacher performance based solely on assessment scores.

EXECUTIVE SESSION MAY FOLLOW

Committee Hearings Next Thursday, February 17, 2011

HOUSE MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

11:10 a.m.        HB 340, promoting parental choice in education and providing for an abatement from the education taxes for parents of children not enrolled in the public school system.

12:45 p.m.        HB 341, relative to local spending caps.

SENATE FINANCE, Room 103, State House

1:00 p.m.        SB 24, exempting the Unity school district from the moratorium on school building aid.

1:30 p.m.        SB 181, relative to distribution of funds for education. This bill extends the hold harmless "collar" provisions for determining total state aid for education and excess tax payments through the fiscal year ending June 30, 2015.

EXECUTIVE SESSION MAY FOLLOW

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State Budget Update

The House and Senate will meet in Joint Session next Tuesday, February 15th, at 10:00 a.m. to hear the Governor's Budget Address.  The Governor's Recommended Budget is based on his review of all agency requests and reflects his recommendations.  Once the Governor's Recommended Budget is received by the Legislature, the Legislative Phase of the budget process begins, commencing with the House adopting a version by the end of March for subsequent review and work by the Senate.  The entire process must end by June 30, with a budget presented to the Governor for his signature.

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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. 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.