New Hampshire School Boards Association

Legislative Bulletin

January 13, 2012 

A Brief Summary of Education Issues at the State House  

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Education Tax Credits: HB 1607 and SB 372  

Two nearly identical bills, HB 1607 and SB 372, establish a tax credit against the state business profits tax for business organizations that contribute to nonprofit organizations that award scholarships to be used by students to defray the educational expenses of attending an independent school. As noted last week, "Independent school" means a school located in New Hampshire, other than a public school, at which the compulsory school attendance requirements may be met and that meets state and federal antidiscrimination laws, including home schools. "Education expenses" means the tuition cost of an eligible student to attend an independent school, or, in the case of a home schooled student, the academic expenses not to exceed $1,500, incurred in a child's home schooling, including instruction-related materials and equipment, online learning services, and tutoring services. For each contribution made to a scholarship organization, a business organization may claim a credit equal to 75 percent of the contribution against their business profits tax owed. Business Profits tax revenue currently supports both the state general fund and education trust fund. Both bills have been scheduled for public hearings: on Monday, January 23, HB 1607 will be at 2pm before the House Ways and Means Committee in room 202 LOB, and on Tuesday, January 24, SB 372 will be heard at 1pm in Senate Education, room 103 LOB.

These bills reflect a position specifically opposed by a NHSBA Resolution adopted by the NHSBA Delegate Assembly.

ACTION ITEM

Please contact your local legislators as well as members of the Senate Education Committee (Chairman, Senator Nancy Stiles; Vice Chair, Senator James Forsythe; also Senators Sharon Carson, Molly Kelly, and Russell Prescott) and  House Ways and Means Committee (Chair Rep. Stephen Stepanek, Vice Chair Rep. Norm Major, Clerk Rep. Russ Ober) expressing your opposition to this bill. NHSBA adopted a specific resolution in opposition to any effort to subsidize private, religious or home schools with public tax dollars. Specifically, NHSBA opposes the creation of vouchers, tax credits and tax subsidies that in any form are targeted to the tuition or expenses for non-public K-12 schools. Rather than diverting scarce tax dollars away from our public school classrooms, NHSBA urges the legislature and congress to support improvements in our public schools and meet current funding obligations and promises.  

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Proposed Change in Funding for Charter Schools

HB 1485, revising the amount paid to a chartered public school established by the state board of education, is scheduled for a public hearing next Thursday, January 19, at 10:00 am before the House Education Committee. Reversing the practice adopted in statute since 2006, the bill calls for a charter school pupil's resident district to pay adequacy funds directly to charter schools. A "phase-in" process is proposed, with 10% paid by the district to charter schools for FY 2013, with the percent increasing by 10% annually until reaching 70%. The bill removes the state's obligation to pay adequacy funds for charter school students, shifting the financial burden to local districts.

This bill reflects a position specifically opposed by a NHSBA Resolution adopted by the NHSBA Delegate Assembly.

ACTION ITEM

Please contact  your local representative and members of the House Education Committee expressing your opposition to this bill. Shifting this financial cost from the state to local districts creates a new financial burden with unanticipated expenses. The fiscal note for HB 1485 estimates a cost to local districts of $725,000 in FY 2013, $1.5 million in FY 2014, $2.2 million in FY 2015 and $2.9 million in FY 2016. This clearly creates a new and unfunded state mandate on local school districts. In addition, charter school students are often not identified until summer or start of school, well after budget adoption, and such expenses would never be anticipated or budgeted, and not included in the budget adopted at the prior annual meeting.  

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Legislation Considered Next Tuesday, January 17, 2012

HOUSE EDUCATION, 207, LOB

10:00 a.m. HB 1360, relative to the rulemaking authority of the state board of education. This bill exempts the state board of education from current rulemaking procedures and requires the state board of education to submit proposed rules to the house and senate education committees for approval.

11:00 a.m. HB 1413, directing New Hampshire to withdraw from the No Child Left Behind Act. This bill provides that effective July 1, 2012, the state of New Hampshire shall cease its compliance with the NCLB Act of 2001.

1:30 p.m. HB 1517, prohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court. This bill: I. Declares that all agreements, contracts, and memoranda of understanding involving the state board of education and the federal government regarding ESEA and its successor, NCLB, are terminated; and II. Requires any future agreements, contracts, or memoranda of understanding entered into by the state of NH and the US government regarding any aspect of early childhood, elementary, or secondary education to be approved by an act of the general court.

HOUSE FINANCE, Room 210, LOB

2:00 p.m. HB 1638, establishing a commission to study and recommend standards for downshifting and cost shifting from the state to counties, cities, towns, and individuals. The bill creates a study committee of three representatives and two senators, charged with recommending standards for downshifting state costs to counties, cities, local political subdivisions, and individuals. The commission shall report its findings and any recommendations for proposed legislation on or before November 1, 2012.

Legislation Considered Next Thursday, January 19, 2012

HOUSE EDUCATION, Room 207, LOB

10:00 a.m. HB 1485, relative to funding for chartered public schools established by the state board of education (see above description for further information).

HOUSE LABOR, Room 305, LOB

9:00 a.m. HB 1163, relative to withholding union dues from wages. This bill prohibits employers from withholding union dues from employees' wages.

11:30 a.m. HB 1570, relative to the duty of a public employee labor organization to represent employees who elect not to join or to pay dues or fees to the employee organization. This bill provides 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.

1:15 p.m. HB 1663, relative to payment of union fees by non-members. This bill prohibits collective bargaining agreements from requiring public employees who are not members of the union to pay union fees or dues.

3:00 p.m. HB 1645, prohibiting all public employees from participating in collective bargaining. The bill repeals provisions giving public employees the right to bargain collectively.

Legislation Considered Next Friday, January 20, 2012

HOUSE EDUCATION, Room 207, LOB

10:00 a.m. HB 1225, permitting a charter school to incur long-term debt.

10:30 a.m. HB 1488, relative to the alternative budget procedure in a school administrative unit. This bill revises the procedures used by school district moderators when adopting the alternative budget procedure in a SAU.

11:00 a.m. HB 1325, relative to school attendance by children of divorced parents. This bill provides that children of divorced parents may attend school in the school district in which either parent resides.

1:00 p.m. HB 1382, including parents in the approval process for alternative learning plans and requiring a truant officer to obtain a warrant or permission of a parent prior to returning a child to school. This bill provides that an alternative learning plan for a child 16 years of age or older may be "submitted to the school district superintendent or parent for approval." The bill also requires that a truant officer obtain a warrant or the permission of a parent to return a child to school when not complying with compulsory school attendance laws.