nhsba

New Hampshire School Boards Association

Legislative Bulletin

January 20, 2012 

  

A Brief Summary of Education Issues at the State House  

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Education Tax Credits: HB 1607 and SB 372 Public Hearings Next Week

These two bills both establish a tax credit against the state business profits tax for scholarships to be used by students to defray the educational expenses of attending private and religious school as well as home school expenses. HB 1607 has a public hearing on Monday, January 23,at 2pm before the House Ways and Means Committee in room 202 LOB. Eligible education expenses for these "scholarships" include tuition, 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. Reductions in these revenues while current state obligations are not being met will only result in further reductions to state aid programs. SB 372 has a public hearing the following day on Tuesday, January 24, at 1pm before the Senate Education Committee.

 

ACTION ITEM

Please contact your local legislators as well as members of the House Ways and Means Committee and the Senate Education Committee, 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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Charter School Proponents Seek Additional Funding from School Districts

HB 1485, requiring school districts to provide additional funding for charter schools approved by the state board of education, had a public hearing before the House Education Committee. The sponsor introduced an amendment requiring the district of residence for any charter school pupil to pay the charter school an amount based on the districts per pupil cost, similar to what is required for charter schools approved locally by a school district. A "phase-in" process is proposed, requiring 10% of the district's per pupil cost to be paid to charter schools for FY 2013, with that percent increasing by 10% annually until reaching 80% of the resident district's cost per pupil. These monies would be in addition to the state's payment of adequacy funds that go directly to the charter schools. The bottom line for school districts is that they would be mandated to raise an additional amount of money, in excess of their local school budget, to provide funding for students attending a state approved charter school.

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

 

ACTION ITEM

Please contactyour local representative and members of the House Education Committee expressing your opposition to this bill. The bill clearly creates a new and unfunded state mandate on local school districts. These payments would be in addition to the school district budget, and would be a new expenditure required of districts, violating our state constitution 28-a prohibition on the state mandating any new or expanded program placing a cost on local budgets. In addition, such expenses would frequently be unanticipated, and not included in the budget adopted at the prior annual meeting, therefore requiring cuts to current programs to pay an unanticipated state mandated expense.

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Legislation Considered Next Tuesday, January 24, 2012

HOUSE EDUCATION, 207, LOB

The House Education Committee will be in Executive session for both the morning and afternoon, considering action on: HB 1225, permitting a charter school to incur long-term debt, HB 1325, relative to school attendance by children of divorced parents, HB 1360, relative to the rulemaking authority of the state board of education, HB 1413, directing NH to withdraw from the No Child Left Behind Act, 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, HB 1485, relative to funding for chartered public schools established by the state board of education, HB 1488, relative to the alternative budget procedure in a school administrative unit.

 

HOUSE LABOR, Room 305, LOB

10:15 a.m.      HB 1513, changing the membership of the public employee labor relations board. This bill changes requirements for the 5 members of the PELRB to, "2 of whom shall be appointed by the president of the senate, 2 of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the executive council. Each member shall be a legal resident of the state of New Hampshire and shall own or shall have previously owned a business in New Hampshire. No person who is currently, or was previously, employed by the federal government or a state or municipal government shall be a member of the board."

11:15 a.m.     HB 1427, relative to declaring that private contracting of governmental operations shall not be deemed an unfair labor practice.

 

HOUSE MUNICIPAL & COUNTY GOVERNMENT, Room 301, LOB

11:30 a.m.     HB 1342, prohibiting state and local governments from using funds to employ a lobbyist. This bill prohibits towns and cities from expending funds for the purpose of employing a person as a lobbyist, including expenditures for membership dues to an organization that pays part, or all, of the salary of a lobbyist.

2:00 p.m.     HB 1279, relative to voting rights of certain budget committee members. This bill requires members of budget committees who are members of the governing bodies, school boards, or village districts to serve as non-voting members of such budget committees.

3:00 p.m.     HB 1177, relative to the limitation on appropriations under the municipal budget law. This bill modifies the percentage by which the total amount appropriated at an annual meeting may exceed the amount recommended by the budget committee, lowering it from 5% to 2.5%.

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Legislation Considered Next Wednesday, January 25, 2012

HOUSE EDUCATION, Room 207, LOB

11:00 a.m.     HB 1566, relative to withdrawal from a school administrative unit or an authorized regional enrollment area school. This bill makes various changes to the procedure for school district withdrawal from a SAU or AREA school.

1:00 p.m.     HB 1571, relative to educational evaluation of home schooled children. This bill amends the educational evaluation procedures for home educated children and repeals the notice, hearing, and appeals procedures afforded to parents relative to the termination of a home education program. Evaluations could not be used as a basis for termination of a home education program, but rather to "provide a basis for a constructive relationship between the parent and the evaluator, both working together in the best interest of the child."

2:00 p.m.     HB 1575, relative to alternative course selections for certain pupils. This bill allows a pupil to opt out of a course offered at a public or nonpublic school to engage in a parent-directed course. The selection of the parent-directed course and its content shall be at the discretion of the parent and shall not be subject to the approval of the school district. A parent-directed course shall count toward the number of credits required for graduation.

 

HOUSE FINANCE, Room 210, LOB

11:00 a.m.      HB 533, establishing a cap on the amount of school building aid grants distributed in each fiscal year. This bill caps annual building aid grants at $50 million, allocated first to those projects already approved, and revises the calculation and distribution of future school building aid grants. Grants would be 30% of the cost of construction or renovation, and districts must submit for review and approval a written maintenance plan describing in detail how the school district intends to maintain the new facilities. Construction proposals are to be submitted by March 1 of each fiscal year. The department of education shall consider and rank each proposal based on: (1) Unsafe conditions, (2) Obsolete, inefficient, or unsuitable facilities or mechanical and building systems, (3) Overcrowding and associated influences to instructional areas and programming, (4) Enrollment projections and population shifts, and (5) Any other criteria that the commissioner of the department of education may determine are necessary. The commissioner of the department of education will then develop a list of all school building construction proposals in descending order of priority.

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Legislation Considered Next Thursday, January 26, 2012

HOUSE EDUCATION, Room 207, LOB

10:00 a.m.     HB 1162, establishing a committee to study the effects of compulsory attendance on children and families.

10:30 a.m.     HB 1167, repealing the 180-day school year requirement.

11:00 a.m.     HB 1403, allowing a parent or guardian to withdraw a child from a school district that adopts the international baccalaureate program.

1:00 p.m.     HB 1461, requiring school officials to notify parents of a class or event involving an outside speaker and allowing parents to opt for their child not to participate in the class or event. The notice to parents of any school-sponsored event or class that will include a speaker from outside of the school must be 5 days before such event or class.

2:00 p.m.     HB 1175, relative to the membership of cooperative school district budget committees. This bill makes the school board member of a cooperative school district budget committee a non-voting member.

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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