nhsba

New Hampshire School Boards Association

Legislative Bulletin

April 29, 2011

  

A Brief Summary of Education Issues at the State House  

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Major Revision to Tenure Law Proposed in House Education 

The House Education Committee held a hearing on SB 196. As passed by the Senate, this bill changes from three years to five years the time necessary to be eligible for additional rights ("tenure") as provided in RSA 189:14-a. At the hearing, Senator Forsythe proposed an amendment, outlining further revisions to the statute in order to strengthen the authority of local school boards and hold teachers accountable. NHSBA supported the proposal, which accomplishes the following:

 

Increases the number of years from 3 years to 5 for the additional rights and protections provided in 189:14-a. This allows more time to assess a teacher before making a final decision. A longer probationary period makes sense due to the potential for incurring high termination costs for poor performing employees;The scope of appeals for nonrenewals is narrowed, making any request for review by the State Board of Education the exclusive remedy. Furthermore, the bill would prohibit any form of arbitration or other binding resolution in such matters. Any such provision would become null and void upon the expiration of the contract. These are local issues that require local solution, and should not be subject to an outside third party making decisions that impact school districts. Under the State Board review, local decisions would be upheld unless found to be clearly erroneous; Nonrenewals and layoffs due to reductions in force could not be based solely on seniority. Such "Last In First Out" language hampers many of our school districts, where contractual provisions require layoffs to be determined by seniority, not quality. Barring the use of such seniority clauses will help keep the best teachers working with our students.

 

The public hearing was crowded with teachers and union officials opposing the proposed changes described above. A committee vote on the bill is currently scheduled for May 5.

 

ACTION ITEM

It is important to contact members of the House Education Committee as well as your local representatives

to voice your support for this proposal. The bill restores many provisions that existed from 2003 - 2008 and were based on findings of a task force created by Governor Shaheen. The proposal gives more local discretion to school boards, streamlines the process of appeal for teacher contract nonrenewals, and will benefit student performance. It maintains rights for teachers, including notice requirements, and for any hearing on a nonrenewal, the burden of proof is on the superintendent by a preponderance of the evidence.

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Pension Reform Update 

Both the Senate and House are making changes to retirement legislation, reflecting each body's position in anticipation of likely negotiations during the committee of conference process. This week, the Senate adopted a major change to the House position in HB 580, and the House Special Committee on Public Pension Reform made recommendations for the House to consider next week that change the Senate position in SB 3 to more closely coincide with the House passed version of HB 580. 

 

In the House: 

SB 3: The HOUSE SPECIAL COMMITTEE PUBLIC EMPLOYEE PENSIONS REFORM has recommended major changes to this Senate bill that now more closely resemble provisions contained in earlier versions of HB 580. The recommendation addresses changes to definitions of earnable compensation and average final compensation, the composition of the board of trustees, elimination of the special account, increases in contribution rates, and a study of establishing a voluntary defined contribution plan. It also includes a definition of part-time employment, prohibiting any part-time employee from working in excess of 1,300 hours in a calendar year. Retired members would be prohibited from returning to full-time employment. Collective bargaining is also addressed: following the end of the term of a contract and during any period of negotiation, status quo is maintained for wages, hours, and conditions of employment. However, after the expiration of the agreement, the public employer has exclusive authority for continuation of benefits (medical, dental, life insurance, pension, and any other fringe benefit). The full House is scheduled to consider this recommendation next Wednesday, May 4.


SB 75: This bill also addresses the issue of part-time employment. It contains the same provision as proposed in SB 3 (see above), setting the maximum hours to 1,300 per calendar year to qualify as part time for both Group I and Group II. It prohibits retired members from returning and collecting both a pension and full pay (double dipping). It also eliminates the option of a person to not participate in the NHRS for unclassified employees.


In the Senate:
HB 580: On Wednesday, the Senate amended this House bill that made comprehensive changes to the state retirement system but also included changes to collective bargaining. The Senate amendment eliminates the entire revision to the retirement statutes, replacing the entire bill with language to create a committee to study collective bargaining by public employees. The committee would be charged with studying matters it deems necessary related to public employer collective bargaining agreements under 273-A, with a report due on or before December 1, 2011.

HB 462: This bill modifies the method of calculation of the retirement system employer assessment under RSA 100-A:16, III-a for excess benefits paid to retirees (spiking penalty). The bill also phases in the required payments over 4 years. The bill remains under review within the Senate Executive Departments and Administration Committee. While the bill modifies the formula currently in statute, questions remain as to the validity and reliability of the proposed change, which does not totally conform to a recommendation originally offered by NHRS. The bottom line on spiking is really addressed by retirement reform provisions contained in SB 3 and HB 580, which both address revisions to the definitions of earnable compensation and average final compensation. SB 3 recognizes this and provides for the repeal of the spiking assessment.

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Education Bills before the Senate Next Week 

The Senate Education Committee made recommendations on several bills that will now be considered by the full Senate when it meets next Wednesday.

 

HB 216, affirming thatschool boards are responsible for establishing the structure, accountability, advocacy, and delivery of instruction. Committee recommendation: Ought to Pass (3-1 vote).

 

HB 370, making changes to the pupil safety and violence prevention act. The bill would delete a provision authorizing the superintendent to grant the principal a waiver from providing notice of an incident of bullying, and removes a provision extending the bullying and cyberbullying statute to actions occurring off school property. Committee recommendation: Inexpedient to Legislate (5-0 vote).

 

HB 528, requiring school districts to develop a facility maintenance and capital improvement program no later than July 1, 2016 in order to be eligible to receive school building aid grants. Committee recommendation: Ought to Pass (5-0 vote).

 

HB 650, a proposed amendment to place in statute a new provision for school districts to call a special meeting. In response to statutory changes resulting in reductions or increases in distribution of state revenues for education pursuant to RSA 198:41 (adequacy), the governing body of any school district, including those that have adopted RSA 40:13, may call a special meeting of the legislative body to consider a reduction, rescission, or increase of appropriations made at an annual meeting. Committee recommendation: Ought to Pass with Amendment (5-0 vote).

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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: [email protected] 

Dean Michener
NHSBA Dir. of Governmental Affairs