nhsba

New Hampshire School Boards Association

Legislative Bulletin

March 2, 2012 

  

A Brief Summary of Education Issues at the State House  

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Upcoming NH House Action

After the 'break' this week, the House is scheduled to meet on Wednesday, taking action on many bills of interest to school boards. The committee's proposed recommendations are shown following a brief description for the following bills:

CACR 8 amends the constitution, stipulating that political subdivisions for public education shall make adequate provision at their own expense for their schools, provided that the Legislature may supplement that provision in the manner and degree that the Legislature finds most beneficial to the general good: OTP (Ought to Pass).

HB 1139 allows a parent (or 18 year old student) to request the school district superintendent for access to their child's unique pupil identifier and their child's data maintained in the data warehouse: OTP/A (Ought to Pass as Amended).

HB 1148 requires evolution to be taught as a theory in public schools: ITL (Inexpedient to Legislate).

HB 1151 modifies the definition of default budget in official ballot towns: ITL.

HB 1159 modifies the definition of default budget in official ballot towns: ITL.

HB 1167 removes the requirement that the equivalent number of hours in the school year shall be specified in department of education rules, providing for more local autonomy and decision making: (OTP/A).

HB 1175 makes the school board member of a cooperative school district budget committee a non-voting member: OTP.

HB 1202 amends the definition of 'sending district' for regional vocational programs to include the resident district of chartered public school students enrolled in a regional vocational program: OTP/A.

HB 1223 provides for the court to award attorneys fees and individual removal from a public body as sanctions for willful violations of the right to know law: OTP/A.

HB 1306 as introduced required employers to make contributions on the unfunded accrued liability and medical benefits for part-time employment of retired members of NHRS. In response to many concerns expressed at hearings, including the potential for age-discrimination lawsuits, the Committee decided to determine the extent to which NHRS retirees are being employed on a part-time basis, and if a significant portion of the unfunded liability could be paid off earlier by charging this additional employer cost. The recommended amendment requires public employers to compile a report of 1) the names of all NHRS retirees employed part-time, 2) the amount paid in wages last year, and 3) the group and classification from which the employee is retired. This information is to be reported to Rev. Admin. by Sept. 1, 2012, so DRA can report to the legislature on or before November 1, 2012. Details of the reporting requirements were not specified, leaving many unanswered questions associated with the bill: OTP/A.

HB 1329 adds a category to the definition of 'default budget': ITL.

HB 1382 gives parents approval authority for alternative learning plans: ITL.

HB 1424 prohibits a school district from requiring that a parent send his or her child to any school or participating in any school program or curriculum to which the parent is conscientiously opposed: ITL.

HB 1456 requires districts to adopt a policy allowing an exception to a particular unit of health/sex education whenever a parent or guardian requests the exception (current requirement is for religious objections): OTP.

HB 1457 requires instruction in the proper methods of scientific inquiry: ITL.

HB 1506 removes personnel records from the exemption to the right-to-know law: ITL.

HB 1516 requires a minimum of 2 1/2 hours of instruction per day in English and 2 1/2 hours of instruction per day in mathematics: ITL.

HB 1583 provides immunity for school personnel when using reasonable force to end a disturbance, to maintain safety, or to remove the minor or pupil from the premises: OTP.

HB 1606 adopts the interstate compact on educational support for military children: Refer to Interim Study.

HB 1703 requires the completion of one credit in business or financial literacy for high school graduation: OTP.

HB 1712 requires an elective bible literacy course for pupils in grades 9-12: ITL.

HB 1713 abolishes the department of education and all divisions, bureaus, and offices within the department except for the office of the commissioner of education and the state board of education: ITL.

HB 1715 amends provisions needed in authorized regional enrollment area agreements (AREA): ITL.

 

Upcoming House Action on Labor Bills Affecting School Districts

HB 1163 prohibits employers from withholding union dues from employees' wages: ITL.

HB 1206 requires any cost increase necessary to fulfill contract obligations for employee insurance benefits to be shared equally by the district and the employee. This proposal causes financial harm to districts that have negotiated a dollar value for an insurance benefit, making the district pay half of any increase over the dollar amount: OTP/A.

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: ITL.

HB 1570 provides that no employee labor organization shall be required to represent employees who elect not to join or to pay dues or fees to the employee organization: ITL.

HB 1645 will permit the governing body to require a secret ballot election to determine whether certification of an employee organization shall remain in effect if the dues-paying membership of an employee organization is less than the number of employees needed to certify a bargaining unit: OTP/A.

HB 1663 prohibits collective bargaining agreements from requiring public employees who are not members of the union to pay union fees or dues (agency fee): Interim Study.

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: OTP.

HB 1685 permits public employees to opt out of membership in a labor organization and payment of dues to such labor organization. No labor organization shall have an obligation to represent public employees who have opted out in collective bargaining negotiations. The salary ranges, salaries, and benefits of such public employees shall be established through personnel policies of the state or political subdivision. However, if the labor organization elects to represent such public employees, the labor organization may charge each such employee a negotiation fee: OTP/A.  

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Upcoming NH Senate Action

The Senate will also meet on Wednesday, taking action on the following bills of interest to school boards:

HB 1488 requires paper balloting when districts in multi-district SAUs vote on the SAU budget after adopting the alternative budget procedure, providing a means for recounts if necessary: OTP (Ought to Pass).

SB 261 makes changes to warrant article requirements, allowing projections of the effect on the tax rate: OTP/A.

HB 1170 is enabling legislation, allowing legislative bodies to "vote to require that the annual budget and all special warrant articles having a tax impact, ... contain a notation stating the estimated tax impact of the article": OTP.

SB 269 amends the definition of default budgets, striking the "one time expenditures" provision, and replacing it with appropriations "contained in the operating budget" not likely to recur as determined by the governing body; OTP.

 

School Funds Retention Bill

SB 373 authorizes a school district to retain funds for emergency expenditures or to reduce the tax rate. The bill is enabling, allowing the legislative body to adopt such a provision. The unassigned fund balance amount may not exceed, in any fiscal year, 2.5 % of the current fiscal year's net assessment: OTP.

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.

 

Spiking and the 125% Penalty Assessment

SB 228 repeals the assessments for excess benefits paid by employers in NHRS: OTP (Ought to Pass on 3-2 vote).

SB 246 modifies and maintains the penalty assessment: ITL (Inexpedient to Legislate on a 3-2 vote).

ACTION ITEM

Please contact your senator and express your support for these committee recommendations. The Senate Executive Departments and Administration Committee recommended passage of SB 228, which will repeal the flawed pension spiking provision that will take effect on July 1, 2012. SB 246 would leave the spiking provision in effect but make further amendments to the unworkable formula. Retirement reform measures adopted last year impacting non-vested and new employees will, over time, address the issues concerning pension "spiking". Please contact your Senator and urge passage of SB 228 to repeal the spiking provision, and also urge defeat of SB 246.

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Public Hearings Next Week

Tuesday, March 6

House EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

10:15 a.m.             HB 1360, relative to the rulemaking authority of the state board of education. The bill exempts the state board of education from the rulemaking procedures in RSA 541-A and requires the state board of education to submit proposed rules to the house and senate education committees for approval.

 

Senate PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB

9:00 am            SB 210, relative to the default budget in school districts which have adopted the official ballot method of voting. The default budget shall not exceed 100 percent of the operating budget authorized for the previous year.

 

Senate EDUCATION, Room 103, LOB

1:00 Pm            SB 300, requires a chartered public school to make FAPE available to all children with disabilities by making available to the child all special education programs and services that are available to the child in the child's school district of residence. The IEP team shall include both district and charter school representatives.

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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