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Education Tax Credits: SB 372 Public Hearing Next Tuesday - HB 1607 Heard this Week
HB 1607 and SB 372 both establish an 85% education tax credit against the business profits and/or the business enterprise tax for contributions to scholarship organizations that award scholarships (vouchers) for attendance at a nonpublic school, a public school outside the pupil's resident district, or for limited home education expenses. A 3-year phase-in is proposed in the House version, with a maximum of $3.4 million in tax credits for the first year, $5.1 million in the second year, and $6.8 million subsequently; the Senate version has a 2-year phase-in at $3.4 million in year one and $5.1 million in year 2. For students receiving vouchers and identified in the ADM count for adequacy payments, deductions of those aid amounts will be made to the resident district, with notice by Sept. 1. Estimated losses in Adequacy aid payments to school districts are $3.9 million in year one, $5 million in year 2 and $5.5 million in year 3. At the public hearing in Senate Education, Senator Forsythe indicated an intent to Table HB 1607 in the Senate, and work with the House on the few differences existing in SB 372. The public hearing on SB 372 will be next Tuesday, April 24 at 1pm in the Ways & Means Comm., 202 LOB.
ACTION ITEM
Please contact your local legislators as well as members of the House Ways and Means Committee, expressing your opposition to these bills. Diverting money from the state and local districts for private school purposes is the bottom line of this legislation. Local districts will see little or no reduction in their expenses and fixed costs when small numbers of students leave the public school, yet will still be required to forfeit $4-$7 million in adequacy funds. It is hard to understand why the legislature would consider a proposal to reduce revenues while not currently paying the bills it owes. 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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Cooperative School District Budget Committees - HB 1175
HB 1175 makes the school board member of a cooperative school district budget committee a non-voting member. RSA 195:12-a provides guidance on budget committees for cooperative school districts. It provides for budget committees to have the same number of members as the cooperative district school board, plus one additional member, a school board member appointed by the Chair of the school board. No other members of the school board may serve on the budget committee, making the school board member the representative and voice of the governing body. HB 1175 will make this one representative a non-voting member. It is hard to understand the reasoning behind silencing one voice, out of many, and one likely most informed on all district operations.
HB 1175 already passed the House and had a public hearing this week in Senate Education. The committee will likely take action on the bill next Tuesday. Any concerns should be shared with the committee before it meets next week.
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Authorizing the Retention of Funds by a School District
SB 373 authorizes a school district to retain funds for emergency expenditures or to reduce the tax rate. The bill proposes that, "a school district at an annual meeting may adopt an article authorizing, indefinitely until specific rescission, the school district to retain year-end unassigned general funds in an amount not to exceed, in any fiscal year, 2.5 percent of the current fiscal year's net assessment pursuant to RSA 198:5, for the purpose of having funds on hand to use as a revenue source for emergency expenditures and overexpenditures under RSA 32:11, or to be used as a revenue source to reduce the tax rate." This bill reflects a specific resolution adopted by the NHSBA Delegate Assembly last January. The House Education Committee held a public hearing this week and is scheduled to take action on the bill May 8.
ACTION ITEM
Please contact your local representative as well as members of the House Education Committee, expressing 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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New Financial Responsibilities Proposed for School Districts
Special Education at Charter Schools
SB 300 includes provisions that require a child to receive special education services at the charter school (unless otherwise stipulated in the IEP), and places upon resident school districts the financial and administrative responsibility to ensure the provision of these services. SB 300 compels school districts to provide services in the "least restrictive environment" and then stipulates that charter schools are always the least restrictive environment, thereby requiring local districts to fund duplicative programs at additional cost. SB 300 also directs school districts to transport special education students to and from charter schools, regardless of distance and cost, no matter where they receive their special education; a very expensive additional cost. The House Education Comm. is scheduled to take action on the bill May 8.
Charter School Students at Regional Technical Centers
HB 1202 amends the definition of "sending district" as it applies to students attending regional vocational education programs and adds specific language relative to chartered public school students attending such programs. For students attending a chartered public school, the sending district shall be the school district in which the student resides. This places transportation and financial responsibility on school districts for placement/attendance decisions over which the district has no authority. The Senate Education Committee may take action on the bill as early as next Tuesday. Any concerns should be shared with the committee before it meets next week. In separate action, the House Education Committee has incorporated this same language onto SB 404, a bill defining sending district as where a student resides, or for whom a district as tuition responsibility. SB 404 is scheduled for House consideration next Wednesday.
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Proposed Expansion for Legal Challenges
HB 1510, relative to taxpayer standing for declaratory judgments, provides for a taxpayer to have standing to petition a court for relief in a declaratory judgment action. The bill amends RSA 491:22, I, stating, "The taxpayers of a taxing district in this state shall be deemed to have an equitable right and interest in the preservation of an orderly and lawful government within such district; therefore any taxpayer in the jurisdiction of the taxing district shall have standing to petition for relief under this section without having to demonstrate that his or her personal rights were impaired or prejudiced." This change would allow any individual taxpayer to bring a legal challenge when the person feels aggrieved by a governmental action. The Senate Judiciary Committee heard testimony this week and is scheduled to take action on the bill next Wednesday. Any concerns should be shared with the committee before it meets next week.
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Home Education and Evaluation
HB 1571 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 bill removes all requirements for parents to provide reports of student evaluations to the commissioner, school superintendent, or non-public school principal. Evaluations must only be maintained by the parent, and may not be used as a basis for termination of a home education program. Rather, they are to "provide a basis for a constructive relationship between the parent and the evaluator, both working together in the best interest of the child."The public hearing was this week, and the Senate Education Committee may take action on the bill as early as next Tuesday. Any concerns should be shared with the committee before it meets next week.
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Senate Education Committee Schedule Next Tuesday, April 24
EDUCATION, Room 103, LOB
Sen. Stiles (C), Sen. Forsythe (VC), Sen. Carson, Sen. Kelly, Sen. Prescott
1:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION
1:30 p.m. HB 1325, relative to legal residency requirements for purposes of school attendance for children of divorced parents and children whose parents share decision making responsibility pursuant to a parenting plan. In such cases, the child may attend school in the school district in which either parent resides.
1:45 p.m. HB 1360, relative to the rulemaking authority of the state board of education. The bill requires the department of education and state board of education to notify the members of the house and senate education committees of all efforts to revise the curriculum frameworks to ensure that proposed changes conform to legislative policy. Also required is that notice of all proposed rules be provided to the House and Senate Education Committees. The bill also requires the state board of education to adopt rules relative to all curriculum frameworks and technical advisories, including all requirements included on a school approval checklist, and requires the house and senate education committees to meet jointly during 2013 to review all state board of education rules.
2:00 p.m. HB 1139 allows a parent, legal guardian, or person who is 18 years of age or older to have access to the unique pupil identifier and related information and allows home educated pupils to opt in for inclusion in the unique pupil identification system.
2:15 p.m. HB 1583 permits a teacher or other person entrusted with the care or supervision of a minor or pupil to use reasonable force to end a disturbance, to maintain safety, or to remove the minor or pupil from the premises.
EXECUTIVE SESSION MAY FOLLOW.
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