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New Hampshire School Boards Association
Legislative Bulletin
March 18, 2011
A Brief Summary of Education Issues at the State House
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Education Funding and Constitutional Amendment
CACR 12: House Speaker O'Brien's proposed amendment received a favorable vote (255-113), surpassing the needed legislative majority of 3/5, and now goes to the Senate for consideration. The proposed amendment gives the general court "full discretion to define reasonable standards for elementary and secondary public education, to establish reasonable standards of accountability therefore, and to mitigate local disparities in educational opportunity and fiscal capacity. Further, in the exercise thereof, the general court shall have full discretion to determine the amount of, and methods of raising and distributing, state funding for education."
ACTION ITEM
Contact your senator and voice your opposition to this proposal. Specifically share NHSBA's resolution that opposes any effort to amend the constitution in such a way that is contrary to the current interpretation of, and court rulings in, both the Claremont and Londonderry decisions. Local implementation of education programs comes within parameters established both by law and rulemaking. The state is a partner in this venture, and adequate education funding plays an integral role in the support and delivery of education to our children.
Targeting aid is already legal and has been included in our recent formulas. The only need for an amendment is to provide 'Targeting' in place of the current base commitment to ALL children, thereby implying that some children in NH are not entitled to a state basic commitment of an adequate education. The proposal seeks to allow providing aid to certain communities at the expense of other, less "needy", communities. While a few outliers of towns in our state may be given as examples of high income and/or low property taxes, the simple fact is that the bulk of our communities are not wealthy towns. Different measures of wealth (property wealth, income wealth, percent of students at-risk, etc.) simply result in different rankings: it is only a relative position on a continuum. Average wealth districts will experience uncertainty resulting from not knowing one year to the next whether they "fall off" the funding continuum or remain as a receiver of needed state aid. The reality is that the majority of districts in our state rely on state funding to help implement the educational programs offered within their schools. Significantly reducing the amount of aid directed to these communities will place significant strain on the local property tax, if those lost revenues are indeed replaced. If not replaced but followed by budget cuts, losses and reductions in educational programs will lead to fewer educational opportunities for our youth.
CACR 14, in the Senate, has a public hearing on Tuesday, March 22 at 1:30 before the Senate Internal Affairs Committee. This proposal also allows for "reasonable standards", to mitigate disparities, and full discretion to determine the amount and distribution of state funding for education.
Adequate Education Funding Formula
HB 337 was adopted on a 247-86 vote in the House. The bill: 1) level funds Adequacy Grants at current funding levels with a hold harmless provision, but allows for possible future increases in aid based on changes in student population, 2) replaces 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, such as using beginning salaries for teachers, staff and administrators with no experience, and 4) eliminates donor town provisions. Compared to current law, with total Adequacy scheduled to increase to $1 billion with $665 million in grants to districts after allowance for $363 million in statewide property tax revenue, HB 337 has a total cost of $746 million with $418 million in grants to districts.
SB 183 was already adopted by the Senate and is now in the House Special Committee on Education Funding Reform. No date has yet been set for a hearing. This bill sets the amount of differentiated aid at $1,725 for each pupil eligible for the free or reduced-price meal program, maintains the $675/pupil for English language learners and $1,856 for special education pupils, provides an additional $675 for each third grade pupil who has not tested at the proficient level or above in the reading component of the state assessment and who is not eligible to receive the current special education, English as a second language, or free or reduced-price meal program funds. A "hold harmless" provision is contained in a stabilization grant to certain municipalities in fiscal year 2012 equal to the decrease from the municipality's fiscal year 2011 total education grant, and provides that a municipality shall continue to receive this stabilization grant in fiscal year 2013 and each fiscal year thereafter. Beginning July 1, 2013, provision is allowed for grants to increase by up to 5.5% percent over the previous fiscal year. The bill also repeals the statutory provisions requiring that excess education tax payments be remitted to the department of revenue administration thereby permitting municipalities to retain any excess education tax revenues. Compared to current law, with total Adequacy scheduled to increase to $1 billion with $665 million in grants to districts after allowance for $363 million in statewide property tax revenue, SB 183 has a total cost of $787 million with $446 million in grants to districts.
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Pension Reform
In the Senate SB 3, as amended, was adopted on a strong 19-5 roll call vote. This bill makes significant reform changes comparable to other public pension systems in the country. The bill maintains pension and medical subsidy benefits for all current retirees. It increases contribution rates for all employees beginning 7/1/11: 6% for Group I and 10.3% for Group II, then on 7/1/12: 7% for Group I and 11.3% for Group II. All new hires would pay the higher rates this 7/1/11. End of career payments will be excluded from the pension calculation for new hires, and Average Final Compensation will be based on the highest 5 years instead of 3. Individual pension benefits will be capped at 100% of base pay beginning 7/1/16. $89 million will be transferred from the Group II special account to the pension annuity fund since this money was intended to cover medical subsidy payments that are now included in employer rates. The composition of the Board of Trustees will become more neutral, with four employee representatives, four employer representatives, two legislators, two non-member trustees and the state treasurer. The bill also includes a provision to increase employee contributions by 1% if any court action results in the Supreme Court ruling that changes to active employees are invalid.
ACTION ITEM The bill is now under further review in the Senate Finance committee, and it continues to be important that senators know school boards strongly support these reform measures, as expressed in our adoption of a resolution at January's Delegate Assembly. Please contact your local senator and share your support for these reform measures that will help ensure the viability and sustainability of our public retirement system.
Despite almost $600 million of investment profits in 2009, the retirement system has seen its total unfunded liability still increase from $2.7 billion in 2007 to nearly $4.75 billion. While state retirement systems should maintain stability with at least an 80% funding level, NH's system is struggling at 58%. The recent growth in our share of teacher contribution rates is not sustainable, and the retirement system is likely to lower the assumed rate of return on investments, which will further increase our employer rates. In 2007 we were able to make needed changes to the funding methodology. That has enabled us to look at the true financial picture of NHRS. As our liabilities continue to grow, we now need to make revisions to the benefit side of the equation and control what our commitments will be in the future. We ALL need a reliable and sustainable public pension system that serves the interests of BOTH employees and employers. The reform measures in SB 3 will help us achieve that goal. They have almost no impact on current retirees, little impact on vested members, with most changes impacting new hires and non-vested members.
In the House HB 580, a somewhat more aggressive comprehensive proposal addressing many of the reform issues contained in the senate bill, remains in committee with executive session recommendation scheduled for next week.
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Status of Bills Update
Both the House and Senate considered many committee recommendations on bills this week, including the following: (All House bills (HB) were acted on in the House, all Senate bills (SB) in the Senate.)
Adopted/Passed HB 290, establishing a definition of a small school and a procedure to petition the DoE for approval of an alt. staffing plan. HB 341, authorizing adoption of charter provisions establishing limitations on the growth of budgets and taxes. HB 369, making changes to the procedure for withdrawal from a SAU or AREA; it makes the requirement for a fiscal impact analysis only apply to the withdrawing district, and no longer requires a plan for provision of superintendent services. HB 370, making changes to the pupil safety and violence prevention act (Bully Law). The recommended changes 1) delete a listing of common behaviors that have historically resulted in bullying, from the purpose statement; 2) deletes a provision authorizing the superintendent to grant a waiver from providing notice of an incident to the victim or the perpetrator; and 3) modifies and limits the ability of districts to respond to actions occurring off school property. HB 429, permitting a child 16 years of age or older to withdraw from school with parental permission. This passed on a 210-134 roll call vote. HB 528, requiring school districts to develop a facility maintenance and capital improvement program. HB 542, amending the compulsory attendance law to allow a parent to withdraw a child from any school or program to which he or she may be conscientiously opposed, nor shall a school district approve or disapprove a parent's education program or curriculum. HB 647, allowing the withholding of wages for any purpose mutually agreed to by employers and employees. HB 650, authorizing a school district to call a special meeting for changes in the amount of state education funding. SB 3, making comprehensive changes to the state retirement system. This passed on a strong 19-5 vote. SB 192, establishing a commission to identify strategies needed for delivering a 21st century education.
Rejected/Killed HB 39, amending the school standards included in the substantive content of an adequate education. HB 220, requiring Dept Transp and Reg Plan Comm. to submit recommendations on all school building aid projects. HB 340, granting education tax abatements for parents of children not enrolled in the public school system. HB 362, requiring binding arbitration in labor relations' disputes. HB 376, making changes to representative voting on a joint board of a school administrative unit. HB 377, requiring daily physical education for public school pupils. HB 403, requiring petitioned articles to have a public hearing before the budget committee or governing body prior to placement on the school district warrant. HB 422, prohibiting vaccinations in public schools. HB 425, appropriating $7.9 million for FY 2011 Cat Aid. HB 501, requiring teaching of cardiopulmonary resuscitation in public schools. |
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State Budget
HB 1and 2, the state budget and trailer bill, have Division work sessions today (Friday) and are both scheduled for executive committee recommendations next week. Following adoption of a budget bill recommendation, there will be a detailed briefing presented to the House at least two days before final action is taken. While deliberations remain on going, it is encouraging that current discussion has restored building aid to fully fund those commitments that have been made in the past. However, various cuts to other categorical aids remain. In addition to losses in state categorical aid programs, of particular concern to school districts are any possible reductions in the state share of retirement contributions. Unlike losses in state aid, which are revenues that offset property taxes in support of local budgets, the loss of the state retirement share results in an increase in expenditures. The state share of retirement rates is paid to the retirement system, with local districts billed the balance. If the state doesn't pay its share, local districts will be required to pay the increase. Without a change in the voted appropriation, districts will have to make cuts elsewhere in the budget to save the money necessary to fund this new required expenditure. On July 1, the total employer contributions on behalf of teachers will increase from 10.70% to 13.95%, a 30% increase in the total rate. But if the state share is eliminated and districts pay the entire rate, the effective increase on the local rate is 74%. In order to make significant cuts to save the funds necessary to meet a new required cost of retirement, staff reductions will be necessary. The teacher notification date of April 15 is less than a month away. Districts will need to have a plan in place to accommodate these new expenses. |
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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.
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Dean Michener NHSBA Dir. of Governmental Affairs |
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