New Hampshire School Boards Association

Legislative Bulletin

February 10, 2012 

A Brief Summary of Education Issues at the State House  

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NHSBA and National Issues 

This week, NHSBA President Chris Lund (Mascenic Regional), and First VP Jack Widmer (Governor Wentworth), along with Executive Director Ted Comstock and Government Relations Director Dean Michener, attended the National School Boards Association's annual Federal Relations Network Conference in Washington, DC. NSBA staff as well as several Congressional leaders offered comments regarding current proposals on re-authorization of ESEA (NCLB). There was much agreement regarding provision of more flexibility to local districts, local oversight on alternative ways to measure/assess student achievement, including recognition of growth, and elimination of the requirement that all schools meet adequate yearly progress goals by 2014 or else face sanctions. However, the track record of failure to take action on these issues was put forth, with many congressional sources indicating the difficulty in reaching full compromise agreements on details prior to next fall's elections. The corresponding problems that remain for school board members are that too many schools are being labeled as failing, which undermines the work and morale of students, teachers, and administrators as well as the public's confidence in schools.  

NHSBA officers and staff met with the education staff of NH's Congressional Delegation. Staff representing Senators Ayotte and Shaheen and Representatives Bass, and Guinta, spent extensive time with NHSBA and covered details of many federal issues. The conversation focused not only on reauthorization of ESEA and harmful sanctions, but also IDEA provisions and funding levels, including concerns with several proposals that funding for new programs shift from formula-based apportionments to competitive grant-based funding. NHSBA also expressed concern with the "top-down" nature of new mandates impacting local school districts. Local control and school funding have long been areas of concern to NHSBA. We implore our congressional delegation to work with other congressional leaders to help ensure that public education receives the proper funding and support that facilitates the ability of local school boards to best govern the schools in their communities.

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Constitutional Amendment

CACR 12, a constitutional amendment on education funding, was amended in the Senate Internal Affairs Committee and was expected for a full Senate vote during this week's Senate session. However, Senate President Bragdon moved to Special Order the bill for consideration at next week's session on February 15. The current version proposes, "In fulfillment of the provisions with respect to education set forth in Part II, Article 83, the legislature shall have full power and authority and the responsibility to define reasonable standards for elementary and secondary public education, to establish reasonable standards of accountability, and to mitigate local disparities in educational opportunity and fiscal capacity. Further, the legislature shall have full power and authority to determine the amount of, and the method of raising and distributing, state funding for public education." It is possible other amendment(s) will be offered, seeking more consensus among legislative leaders.

ACTION ITEM

Contact your senator and urge their 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. School board members struggle daily with the oversight of implementing education programs for our children in public schools. This oversight comes within parameters established both by law and rulemaking, with minimum standards in such areas as curriculum and length of school year. 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. Significantly reducing the amount of state aid will place even more 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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House Tables Action on Proposals to Withdraw from Federal Programs/NCLB

HB 1413, directing New Hampshire to withdraw from the No Child Left Behind Act, was recommended Ought to Pass by the House Education Committee on a 12-4 vote. This bill provides that effective July 1, 2012, the state of New Hampshire shall cease its compliance with the No Child Left Behind Act of 2001.

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, was recommended Ought to Pass by the House Education Committee on a 14-3 vote. The bill 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. It also requires any future agreements, contracts, or memoranda of understanding entered into by 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.

Concerns over potential loss of significant state funding prompted both bills to be placed on the table. The state of NH receives close to $70 million in federal Elementary and Secondary Education Act funding (ESEA/NCLB). Approximately $40 million is for Title I grants to school districts. Other programs, such as School Improvement State Grants, Improving Teacher Quality State Grants, Math and Science Partnerships, 21st Century Community Learning Centers, and federal support for state assessments, account for over $20 million in additional funds.

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Advance Notice of Speaker in School

HB 1461 received unanimous support on a 17-0 vote in the House Education Committee. The bill requires school districts to develop a policy to notify, in a timely manner, pupils' parents of any school-sponsored event or class that will include a speaker from outside the school who might be considered controversial. Such policy must permit notified parents to withdraw their pupil from the presentation without penalty. The bill is scheduled for a full House vote next Wednesday.

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Home Educated Students

HB 1571 received unanimous support on a 17-0 vote in the House Education Committee. The 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. The child's annual educational evaluation will no longer be required to be submitted for review, only that the parent shall keep a copy of the evaluation. The results of the evaluation: (a) May be used to demonstrate the child's academic proficiency in order to participate in public school programs, and co-curricular activities which are defined as school district-sponsored and directed athletics, fine arts, and academic activities. Home educated students shall be subject to the same participation policy and eligibility conditions as apply to public school students; (b) Shall not be used as a basis for termination of a home education program; and (c) Provides a basis for a constructive relationship between the parent and the evaluator, both working together in the best interest of the child. The bill is scheduled for a full House vote next Wednesday.

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Legislation Considered Next Tuesday, February 14, 2012

HOUSE EDUCATION, 207, LOB

10:00 a.m.             HB 1467, relative to educational requirements for teacher certification.

11:00 a.m.             HB 1148, requiring the teaching of evolution as a theory in public schools.

1:00 p.m.            Executive session on HB 1167, repealing the 180 day school year requirement, HB 1139, making changes to the unique pupil identification system, HB 1403, allowing a parent or guardian to withdraw a child from a school district which adopts the international baccalaureate program.

2:00 p.m.            HB 1606, adopting the interstate compact on educational support for military children.

SENATE EDUCATION, 103, LOB

1:00 p.m. SB 372-FN-L, establishing an education credit against the business profits tax (continued hearing).

(THE PREVIOUS HEARING FOR SB 372 WAS RECESSED ON JANUARY 24TH)

Legislation Considered Next Thursday, February 16, 2012

HOUSE EDUCATION, 207, LOB

1:00 p.m.            CACR 8, relating to education. Providing that the legislature shall have the power to authorize schools.

1:30 p.m.            HB 1637-L, authorizing a school district which uses official ballot voting to conduct a special meeting necessitated by changes in adequate education funding.

2:00 p.m.             HB 1703-FN, requiring a course in business or financial literacy as a prerequisite to high school graduation.

2:30 p.m.             HB 1715, relative to authorized regional enrollment area agreements.

HOUSE LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES, REPRESENTATIVES HALL

1:00 p.m.            Public hearing on proposed amendment to HB 1645-FN, prohibiting all public employees from participating in collective bargaining. Copies of the proposed amendment are available from the Sergeant-at-Arms office.

Next week's NHSBA Bulletin will provide a synopsis of several labor relations bills that could impact school districts.