nhsba

New Hampshire School Boards Association

Legislative Bulletin

February 17, 2012 

  

A Brief Summary of Education Issues at the State House  

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Constitutional Amendment Passes Senate

CACR 12, a constitutional amendment on education funding, was amended and then passed by the Senate this week.  The bill now goes to the House for concurrence.  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." 

 

ACTION ITEM
Contact your representative 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.  The state is a partner in providing education, and state funding plays an integral role in its support and delivery.  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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Senate Education Committee Unanimously Endorses School Funds Retention Bill

SB 373, authorizing a school district to retain funds for emergency expenditures or to reduce the tax rate, received an Ought to Pass as Amended vote of 4-0 by the Senate Education Committee. The amendment simply clarifies that the unassigned fund balance amount may not exceed, in any fiscal year, 2.5 % of the current fiscal year's net assessment.  The full senate will now consider the bill at a future session day.

ACTION ITEM
Please contact your senator and express your support for this bill.  Such a provision, once approved by the local legislative body, will allow a revenue source for emergency expenditures, as well as the ability to smooth out variations in local property taxes when responding to reductions in state and/or federal revenue.

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House Labor Bills Impacting School Districts

Several bills under review in the House Labor Committee could potentially impact local school boards.  
HB 1645, as introduced, repealed provisions giving public employees the right to bargain collectively.  An amendment was offered this week to make certain changes rather than outright repeal.  Specifically, the amendment requires the PELRB to offer training, changes the timeframe for bargaining, requires employee votes on their representation whenever voting on a contract, and requires mediation meetings to be open to the public.  NHSBA spoke on this bill as the vehicle to address our concerns that these proposals do not address the fundamental problem with negotiations.  Local school boards need help with the current pressure to negotiate management issues, as well as creating an incentive for unions to settle and avoid impasse.  Specifically, NHSBA called for clarification and expansion of management rights by incorporating language into the statute that reserves to management the right to determine standards for evaluation, compensation, selection, layoff and retention, discipline, assignment and transfer, and other traditionally accepted managerial rights, so as to continue public control of governmental functions.  In addition, NHSBA also proposed that when at impasse and operating under status quo, the financial obligation of a school district be tied to the prior year's budget.  Any monetary increase necessary to fulfill continuing obligations under the expired agreement should be borne by the public employee.  The bill currently remains under review in committee.
HB 1206, as introduced, prohibited employers from withholding union dues from employees' wages.  Next Tuesday, a hearing has been scheduled on a proposed amendment that addresses insurance cost increases when at impasse and operating under "status quo".  The proposal stipulates that when no successor agreement has been accepted by the legislative body of the pubic employer at the time of the expiration of the prior contract, any cost increase necessary to fulfill continuing obligations for employee insurance benefits under such contract shall be shared equally by the public employer and the employee.
HB 1323 requires employers who offer benefits to full-time employees to offer the same benefits on a pro-rated basis to part-time employees.
HB 1427 provides that contracting or transferring governmental operations to a private entity shall not be deemed an unfair labor practice under the public employee labor relations act, RSA 273-A.
HB 1513 modifies membership requirements for the public employee labor relations board.  The 5-member board would have 2 appointed by the senate president, 2 appointed by the speaker of the house, and one appointed by the executive council. Each member shall be a legal resident of the state and shall own or shall have previously owned a business. No person who is currently, or was previously, a public employee shall be a member of the board.
HB 1570 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.  This issue is directly related to the possible prohibition on agency fees.
HB 1663 prohibits collective bargaining agreements from requiring public employees who are not members of the union to pay union fees or dues.
HB 1666 requires legislative approval of any collective bargaining agreement entered into by the state.  The bill passed the House on a 232-119 vote.
HB 1677 prohibits collective bargaining agreements that require employees to join a labor union. This bill also 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.
HB 1685 provides a definition of "supervisor" and excludes their membership in any bargaining unit, making them employees who are not covered by collective bargaining.

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House Education Committee Unanimously Endorses Change in School Year Language

HB 1167 provides more local control over the length of the school year.  The proposed change calls for a minimum of 180 days, or the equivalent number of hours, but deleting the reference to hours specified in rules adopted by the Dept. Ed.

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Legislation Considered Next Tuesday, February 21, 2012

HOUSE EDUCATION, 207, LOB
10:00 a.m.    Executive session on HB 1199, relative to school district voting on school building projects, HB 1424-FN, relative to a parent's conscientious objection to a school, school program, or school curriculum, CACR 8, relating to education.  Providing that the legislature shall have the power to authorize schools, HB 1606-FN, adopting the interstate compact on educational support for military children, HB 1637-L, authorizing a school district which uses official ballot voting to conduct a special meeting necessitated by changes in adequate education funding, HB 1703-FN, requiring a course in business or financial literacy as a prerequisite to high school graduation, HB 1712, relative to the teaching of the Bible in public schools, HB 1713-FN, abolishing the department of education and transferring all functions, duties, and responsibilities to the commissioner of education and the state board of education, HB 1715, relative to authorized regional enrollment area agreements.

HOUSE LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES, REPRESENTATIVES HALL
11:00 a.m.     Proposed amendment to HB 1206, requiring public employers and employees to share equally any cost increase caused for employee insurance benefits under an expired contract.

SENATE EDUCATION, 103, LOB
1:00 p.m.    HB 1488, relative to the alternative budget procedure in a SAU.  This bill makes certain revisions to procedures used by school district moderators when adopting the alternative budget procedure in a SAU.
1:15 p.m.    SB 267, relative to the establishment of school zones and school zone speed limits by municipalities.
1:00 p.m.    SB 383, amending the procedure for the approval of school building aid projects and the distribution of school building aid grants. It excludes SAU office facilities from eligibility and bases all future building aid grants on the "alternative" formula (using median family income and equalized valuation per pupil) providing 20-80% of the principal.  The state would make an initial grant equal to 50% of the eligible amount upon approval of the application, and a final grant for the balance upon completion of construction.

Legislation Considered Next Wednesday, February 22, 2012 
SENATE EDUCATION, 103, LOB
1:00 p.m.    SB 401 requires the use of current fiscal year data for ADMA and ADMR in the calculation of adequate education grants. It allows the commissioner to make adjustments in grant payments during the year necessitated by variations in the ADMA data for a school district.
1:15 p.m.    SB 404 changes funding for pupils enrolled in vocational education programs. The proposal requires the Dept. Education to develop a formula for determining the tuition and transportation costs for career technical education programs, replacing the current practice of each school calculating costs-per-pupil and percentage-of-school-day in order to determine the tuition amounts charged. The proposal eliminates the current provision that prorates aid payments when costs exceed appropriation, requiring a calculation that ensures the calculated aid will not exceed the appropriation.

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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