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Legislative Schedule
The House and Senate are now actively involved in Committees of Conference, attempting to reach compromise on bills that each body endorses but disagrees on how best to achieve the goal. This week was the deadline for forming Committees of Conference on specific bills. Next Thursday, May 31, is the last day for Conference Committees to come to closure and sign a report. Thursday, June 7, is the last day for the legislature to take action (vote) on a Committee of Conference report.
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Education Funding Constitutional Amendment
CACR 12 continues to receive review by House conferees (Reps L.Ober, Hess, Balboni, and Renzullo with Foose as alternate) and Senate conferees (Senators Bradley, D'Allesandro, and Stiles). Claiming progress, but awaiting further input and advice from "constitutional experts", the committee is scheduled to meet again next Tuesday, May 29, at 3:30 pm.
ACTION ITEM
Please contact your local representatives and senator to express your opposition to such an amendment. All proposals have diminished the current "fundamental right" to an education, and remove the obligation to ALL public school students. All proposals have also given the legislature full power and authority to determine amounts of state funding. If adopted, the result will be significant reductions in state aid for education. Such action 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 to educational programs will mean fewer educational opportunities for our youth.
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Retirement:
"Spiking Fee/Assessment"
The Senate non-concurred with the House changes to SB 228 (see last week's Bulletin for a description). The Senate position of repealing the flawed spiking penalty assessment was attached to two separate bills: HB 1483, repealing the NHRS Special Account, and HB 1658, establishing an income and identity verification system for public assistance recipients. At this time, a Committee of Conference has been scheduled for HB 1658 for next Tuesday afternoon.
ACTION ITEM
It is imperative to contact your senator, voicing opposition to the House proposal and support of the Senate position, which repeals the flawed pension spiking provision scheduled to take effect on July 1, 2012. The House language changes the rules that were originally provided to public employers, eliminating the "125% buffer" and assessing a penalty even on those contracts that were changed to reflect the intent of the legislature when it first identified 'spiking' as a problem. The House proposal simply seeks to continue the downshift of costs onto local budgets for a problem created by the legislature when it first defined "earnable compensation" and included all such end-of-career payments.
Defined Contribution Plan Update
SB 229- A Committee of Conference is scheduled to meet next Tuesday to resolve differences between the Senate and House on creating a "DC" Plan Study (see last week's Bulletin for a description). Composition of the Committee, timeline, specific charge, and a House "default" state employee DC plan (requiring new legislation to change any provision(s) of the "default" plan), represent the major differences to be resolved.
Option to Create Other Post Employment Benefit (OPEB) Trusts
The House changes to SB 83, which enables municipalities and school districts to create other post-employment benefits (OPEB) trusts, were agreed to by the Senate. This enabling legislation will limit the creation of such trusts only for liabilities created on or before Jan. 1, 2012. The bill now goes to the governor for review.
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Education Tax Credits (Vouchers): SB 372 Adopted
On a 15-5 roll call vote, the Senate concurred with the House changes to SB 372, approving a program of education tax credits to begin on Jan. 1, 2013 (the House vote was 236-97). The bill now goes to the governor for final review.
ACTION ITEM
Please contact the governor's office and share your opposition to this bill. Tax credits result in less revenue for the state despite claims of a lack of resources to meet current obligations. The bill "recaptures" state adequacy aid to locals, thus increasing the local property tax and relying on local funds to promote a state policy initiative. The legislature should not be diverting money from the state and local districts for private school purposes. Local districts will see little or no reduction in their expenses and fixed costs, yet will still be required to forfeit money in lost adequacy funds. The reduction in state revenues will only make it harder for the state to pay the bills it owes, which are currently underfunded. Rather than diverting scarce tax dollars away from our public school classrooms, and arguably for unconstitutional purposes by paying tuition at religious schools, NHSBA urges the legislature to support improvements in our public schools and meet current funding obligations and promises.
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Authorizing the Retention of Funds by a School District
The Senate concurred with House changes to SB 373, enabling legislation that allows, with legislative body approval, school districts to retain up to 2.5% of their net assessment. The bill now goes to the governor for final review.
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Adopted bills with new requirements for school districts
The Senate adopted SB 300, placing more specific responsibilitieson local districts for determining the delivery of special education services for students at charter schools. School districts must convene a meeting of the IEP team, inviting a representative of the chartered public school, to determine how to ensure the provision of a free and appropriate public education in accordance with the child's IEP. If the child requires transportation to and/or from the chartered public school before, after, or during the school day in order to receive special education and related services as provided in the IEP, the child's resident district shall provide for it.
The Senate adopted SB 401, amending the relevant year for ADM pupil counts when calculating adequate education grants. The bill changes ADMA data for determining Adequacy Grants to be counts from the school year immediately preceding the year in which aid is received, allowing the commissioner to make adjustments in grant payments necessitated by variations in the data. The grant may not vary by more than 5 percent of the district's estimated grant amount provided in November of the prior year. Due to the late date for Dept. Education to determine accurate pupil counts, the bill provides validity to local estimates of final pupil counts and estimated aid when tax rates are set by DRA.
The Senate adopted SB 402, relative to the adoption of policies for the management of concussion and head injury in student sports. This bill encourages the school board of each district to develop guidelines to inform and educate coaches, students, athletes and parents of the nature and risk of concussion and head injury while participating in student sports. The bill further requires a school coach, official, licensed athletic trainer or health care provider to remove a student athlete from a practice or game upon suspicion that the student-athlete has sustained a concussion. In accordance with New Hampshire Interscholastic Athletic Association practice, the student-athlete may return upon receiving written authorization from a health care provider. The legislation is directed at student sports for grades 9-12 and limits the liability of school districts and their personnel so long as they act in accordance with the law and local policies.
The Senate adopted SB 404, addressing procedures for tuition and transportation reimbursement for students enrolled in career and technical education programs. The bill includes a new definition of "sending district" as it applies to students attending regional vocational education programs. For students attending a charter 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.
Please share your legislative concerns with your local legislators.
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