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New Hampshire School Boards Association
Legislative Bulletin
April 15, 2011
A Brief Summary of Education Issues at the State House
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State Budget Update
The Senate Finance Committee has begun its review of HB 1 and HB2 (appropriations and corresponding policy language). Initial committee recommendations have included removal of various social services cuts as well as language regarding labor law and at-will employment when collective bargaining agreements expire without a successor agreement. Another section of "policy language" recommended for removal from HB 2 is the proposed study of the relationship between the Dept. of Education and local school districts. The purpose of this study was to identify and recommend changes that will result in savings at the state and/or local level. Furthermore, recall that the House also included Rep. Hess's changes to the Adequate Education statutes (HB 337) in HB 2: Senate Finance has recommended this section be replaced with the Senate version of Adequacy contained in SB 183. Similarly, the House included provisions of Rep. Kurk's retirement reform (HB 580) in HB 2, and Senate Finance is recommending this section be replaced with the Senate version of retirement reform contained in Senator Jeb Bradley's bill, SB 3.
State agency officials have been scheduled to give presentations on the impact of the budget as passed by the House. The Department of Education will be presenting to the Senate Finance Committee on Monday, April 18 at 1:30 pm in room 103 of the State House. A public hearing on the budget has been scheduled for Thursday, April 21, from 2:00 - 4:00 pm and 6:00 - 8:00 pm in Representative's Hall at the State House.
As budget deliberations progress, the Senate will also watch closely the revenue returns to the state. April is always an important month for gauging the relationship of actual receipts to those forecast in the budget. The March revenue report for General and Education Funds shows that the state took in $591.6 million last month, compared to the budgeted plan amount of $585.8 million, or 1% more than expected. Total receipts for the year, $1.6427 billion, are just 0.4% better than last year's FY '10 amount. However, they lag behind the budgeted plan of $1.6599 billion by $17.2 million, or 1%.
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Labor Law Update
Right to Work
HB 474, known as the "Right To Work" bill, prohibits collective bargaining agreements that require employees to join a labor union or pay any fee or "fair share". The Senate Commerce Committee voted 4-1 to recommend passage of the bill without the House provision that no public employee labor organization shall be required to represent employees who elect not to join or to pay dues or fees to the employee organization. The committee's recommended amendment goes to the full Senate for a vote next Wednesday, April 20.
Tenure and Nonrenewal
SB 196 increases from 3 years to 5 years the time required to be entitled to reasons and opportunity for a hearing when given notice of nonrenewal (Failure to be Renominated or Reelected) under 189:14-a. The bill also removes any standard of review for school board hearings in cases of nonrenomination due to unsatisfactory performance. However, it does require that a teacher's performance not be based solely on state or national assessment scores received by pupils in the teacher's class. A public hearing in the House Education Committee is scheduled for April 28, 1:30 pm in room 207 of the LOB.
Size of Bargaining Units
HB 185, requiring public employee bargaining units to have at least 10 members, was adopted without any amendment by the Senate on Wednesday. Having passed both the House and Senate, the bill now goes to the governor.
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Pension Reform Update
In addition to the action described above in the budget update, both the House and Senate bills on comprehensive pension reform are under review by the other body.
SB 3, Senator Bradley's bill making comprehensive changes to the state retirement system, had a public hearing before the HOUSE SPECIAL COMMITTEE PUBLIC EMPLOYEE PENSIONS REFORM. The bill remains under review, with a committee vote and recommendation expected on April 26.
HB 580, Rep. Kurk's bill making comprehensive changes to the state retirement system, is scheduled for a public hearing before the Senate Executive Departments and Administration Committee on Thursday, April 21 at 10:00 in Room 100 of the State House. |
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Constitutional Amendment
CACR 14 had a public hearing on Monday before the House Special Committee on Education Funding Reform. This proposal gives the legislature "the authority, responsibility, and discretion to define reasonable standards for elementary and secondary public education, to establish reasonable standards of accountability therefor, 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." Similar to the House language in CACR 12, the proposal would allow the state to set any level, if at all, of funding for public education. After debate and rejection of a suggested change in wording, the committee voted to keep the language as adopted by the Senate, but then failed to make a recommendation on whether or not the bill should be adopted. Both OTP and ITL motions failed on a 7-7 tie vote, and CACR 14 now goes to the full House for consideration without a recommendation from the committee. The House vote is scheduled for April 27.
ACTION ITEM Contact your local representatives 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.
The proposal seeks to allow providing aid to certain communities at the expense of other, less "needy", communities. 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. |
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Hearings Scheduled for Next Week
Tuesday, April 19:
House MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB
11:00 a.m. SB 2, allowing adoption of spending caps by municipalities. This bill not only addresses cities and towns under a charter, but also includes towns, school districts, and other political subdivisions under the municipal budget act. The bill inserts a new section on "Local Spending Caps" into RSA 32:5.
Senate EDUCATION, Rooms 305-307, LOB
1:00 p.m. HB 370, making changes to the pupil safety and violence prevention act (Bully Law). The proposed 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.
Thursday, April 21: Senate EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 100, State House 10:00 a.m. HB 580, relative to the New Hampshire retirement system, and relative to continuation of provisions of a collective bargaining agreement following the end of the term of the agreement. House EDUCATION, Room 207, LOB 10:00 a.m. SB 90, directing the legislative oversight committee to study the consolidation of SAUs. 10:15 a.m. Proposed amendment to SB 90, suspending the 180 day requirement for the 2010-11 school year only. 11:00 a.m. SB 172, relative to performance-based school accountability criteria. 1:30 p.m. SB 67, establishing a committee to study school vouchers and school choice. Senate FINANCE, Representatives' Hall, State House 2:00 p.m. - 4:00 p.m. HB 1, making appropriations for fiscal years 2012 and 2013, and HB 2, relative to state fees, funds, 6:00 p.m. - 8:00 p.m. revenues, and expenditures. Please note: the following hearing will be streamed live via the Internet at the following web address: http://www.gencourt.state.nh.us/houselivevideo.asx |
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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, ple ase 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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