nhsba

New Hampshire School Boards Association

Legislative Bulletin

May 6, 2011 

  

A Brief Summary of Education Issues at the State House  

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Significant Revision to Tenure Law Under Review in House Education

The House Education Committee continues its review of proposed changes to 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. However, Senator Forsythe proposed an amendment, making additional revisions to the statute in order to strengthen the authority of local school boards and hold teachers accountable. NHSBA supports the proposed amendment, which accomplishes the following:

  1. Maintains the bill's proposal to increase 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;
  2. Narrow the scope of appeals available for nonrenewals, making any request for review by the State Board of Education the exclusive remedy.
  3. Prohibit any form of arbitration or other binding resolution for grievances on nonrenewals. 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;
  4. Prohibit Reduction in Force (RIF) language based solely on seniority for nonrenewals and layoffs. 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.

NHSBA testified in strong support of these reform measures that streamline the process of nonrenewal while maintaining rights for teachers, including notice requirements. Committee action on the bill, with a vote on a recommendation to the full House, is currently scheduled for next Tuesday, May 10.

 

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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Special Education Rules that Exceed Federal Requirements  

The budget as passed by the House contains a provision in HB 2 reflecting adopted resolutions of the NHSBA Delegate Assembly and strongly supported by NHSBA. Section 304 of the bill requires the state board of education to review all administrative rules governing special education and related services currently in effect and identify any rule that exceeds the requirements of the federal Individuals with Disabilities Education Act (IDEA). Revisions to any such identified rule would be required so that school districts would only be obligated to provide those levels of special education services that are in minimum compliance with, but do not exceed, the requirements of the federal IDEA.

 

ACTION ITEM

Unfortunately, the Department of Education, while acknowledging in a memo that requirements in excess of federal law do exist, does not support the study and asked the Senate Finance Committee to delete this section. At last year's NHSBA Delegate Assembly (January 2010), Attorney Jerry Zelin gave a presentation on "The Expansion of Special Education Law and What School Districts Can Do About it". At that meeting, Attorney Zelin described how many state board rules go beyond federal law requirements, with a corresponding financial impact on school districts. As noted by Attorney Zelin, state procedural rules that exceed federal law have both direct and indirect cost consequences, and often result in increased staff and legal costs. It is important for your senator to hear from local school board members who support this provision of HB 2.

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Pension Reform Update

SB 3: Pension reform has made its way to a Conference Committee to reach a compromise solution agreeable to both the House and Senate. The House bill, HB 580, has been amended, with both the House and Senate agreeing to establish a committee to study collective bargaining by public employees. The Senate bill, SB 3, has been amended by the House to reflect much of the provisions of HB 580 as adopted by the House. The Senate did not concur with those changes, and requested a Committee of Conference to resolve differences. Senate President Bragdon appointed Senators Bradley, Carson, and Larsen: House Speaker O'Brien appointed Representatives Hawkins, Kurk, Will Smith, and Sedensky. The first Committee of Conference meeting is scheduled for Monday, May 9 at 1:00 pm in room 306 of the LOB.

SB 75, clarifying part-time service in the retirement system, passed the House this week and was referred to the Finance Committee for further review. This bill specifically addresses the issue of part-time employment, setting the maximum number of hours in a calendar year to 1,300 to qualify as part time for both Group I and Group II. It prohibits retired members from returning to work 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. The bill passed the House this week and was sent to House Finance for further financial review, with a public hearing scheduled for next Wednesday, May 11, at 2 pm.

HB 462, modifying 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), has been recommended for adoption by the Senate ED&A Committee. The bill phases in the required payments over 4 years, and the committee has recommended extending to July 1, 2012 until the penalty assessments are implemented. 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. The Senate version of SB 3 recognizes this and provided for the repeal of the spiking assessment. The full Senate will vote on HB 462 next week.

 

Budgetary Concern with Retirement

While reform to the retirement system will continue to be reviewed within the Committee of Conference on SB 3, the state share of retirement contributions appears to be at risk of disappearing. Both last year and this year saw reductions in the state share, from 35% to 30% last year, and down to 25% this year. While current law returns the state share to 35% in July, most school districts budgeted conservatively for the state share to remain at 25%. As state budget deliberations continue, preliminary indications are that the state is assuming any savings accrued to the pension system based on reform provisions and increased employee contributions can be considered as representing the state share on behalf of local employers. Any direct share in the state paying a percentage of local rates this July may be eliminated. The total rate for teachers will increase 30% in July. With retirement reform, increases will be moderated, but without any state contribution, any actual local savings will be lost since local governments will now be paying the entire state share.

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House and Senate  

The Senate took action on the following bills this week:

HB 216, affirming that school boards are responsible for establishing the structure, accountability, advocacy, and delivery of instruction: adopted on a voice vote of OTP.

HB 370, making changes to the pupil safety and violence prevention act by deleting a provision authorizing the superintendent to grant the principal a waiver from providing notice of an incident of bullying, and removing a provision extending the bullying and cyberbullying statute to actions occurring off school property: killed on a 24-0 roll call 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: rereferred to committee for further review.

HB 650, placing in statute a new provision for school boards 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): tabled.

 

The House took action on the following bills this week:

HB 580, the House version of retirement reform that included changes to collective bargaining and was amended by the Senate to only be a study of the collective bargaining law: the House concurred with the Senate on a 362-10 roll call vote.

HB 474, the "Right to Work" bill, which the Senate amended, removing the provision that eliminated the obligation of unions to represent employees who elect not to join the union: the House concurred with the Senate on a 225-140 vote.

    

Hearings Next Week:

SB 183, revising the Adequate Education funding formula: May 9, 1:00 pm in room 306 (Spec Comm. Ed Funding).

CACR 12, proposed constitutional amendment giving the legislature full discretion to determine the amount of state funding: Wednesday, May 11, 2:15 pm in room 100 of the State House (Senate Internal Affairs Comm.)

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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