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Legislative Schedule
The House and Senate have completed action on established Committees of Conference. Next Wednesday, June 6, both the House and Senate are scheduled to meet in session for consideration of the Conference Committee reports with their recommendations. The deadline for the legislature to take action (vote) on a Committee of Conference report is Thursday, June 7.
Below is a brief summary of the action taken this week on bills: some in Committee of Conference, others voted on by the House when it was in session on Wednesday. NHSBA will be preparing a comprehensive summary of the 2012 legislative session, and this report will be available early next Fall. If you have any questions on specific legislation, please feel free to call the NHSBA office for information.
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Education Funding Constitutional Amendment
CACR 12 now has recommended language agreed to by House and Senate conferees as well as the Governor. The proposed language states the legislature has a responsibility to maintain a system of public elementary and secondary education, and should "mitigate local disparities in educational opportunity and fiscal capacity." However, it goes on to state that the legislature has "full power and authority to make reasonable standards ... and to determine the amount of, and the methods of raising and distributing, state funding for public education." The vote on this bill is next Wednesday.
ACTION ITEM
Please contact your local representatives and senator to express your opposition to such an amendment. NHSBA Resolutions, specifically Perennial Resolution II:J, oppose any constitutional amendment that vacates the spirit and intent of the Claremont and Londonderry lawsuits and attempts in any way to limit or redirect funding in a manner that is contrary to the New Hampshire Supreme Court's ruling and present interpretation of the New Hampshire Constitution. The proposed language both removes the fundamental right of education for ALL children, and puts at risk millions of dollars in state aid to local communities. Prior to Claremont, state support via the Foundation Aid formula was less than $4 million. Even with broad agreement on a revision to that formula (Augenblick Formula), it was never fully funded and never had an appropriation over $50-60 million. Compare that to the current $580 million in adequacy GRANTS. Also note that the recent change to the Adequacy Formula adopted last year would have reduced those grants by $140 million without the "hold harmless/stabilization" provision. Without Claremont, that hold harmless language would likely not be in place, given the other significant reductions in state education aid (Catastrophic aid, Voc T&T aid, etc.) and the elimination of state participation in retirement costs for teachers, police and fire. This amendment will only 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 House concurred with the Senate changes to HB 1483, repealing both the NHRS Special Account, and the statutory language that would implement the 'Spiking' penalty assessment. This bill now goes to the Governor for final review.
Defined Contribution Plan
House and Senate conferees failed to reach agreement on SB 229, creating a "DC" Plan Study. Differences of opinion on the composition of the committee, timeline, and the specific charge to be accomplished, prompted House conferees, who desired a more aggressive plan of action, to cease negotiations, thereby killing the bill.
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School Building Aid: HB 533
HB 533 now has recommended language agreed to by House and Senate conferees. The proposed language makes significant changes to the state's school building aid program, and signals a return to some state aid beginning in Fiscal Year 2014 (the current moratorium remains in effect through June 30, 2013). The proposed language caps the total amount at $50 million annually, with aid initially distributed to the 'tail' (projects currently funded prior to the moratorium). This means beginning in FY 2014, there will only be $6-10 million available for new projects, with that amount increasing as the tail requires less. The most significant change in procedure will be the timeframe for building aid applications, which will require submission to the Dept. Educ. by September 1. This will allow review of proposals as well as determination of a priority ranked queue of projects, with notice to districts of their position in the ranked queue by January. Prioritization will be based on several factors: unsafe conditions; non-compliance with ADA or obsolete, inefficient, or unsuitable facilities or mechanical systems; overcrowding; enrollment projections; history of maintenance activities including scheduled repairs; district fiscal capacity, such as percent students eligible for free/reduced price meals; and "any other criteria that the state board of education may determine are necessary." There is no longer a 3% incentive for high performance buildings, and SAU offices and portable classrooms are no longer eligible for aid. The current formula for aid, starting at 30% and allowing increases for coop/AREA arrangements, is replaced by a formula similar to the current "alternative" formula: it will be based on median family income and equalized valuation per pupil, ranging from 30 to 60% of the eligible cost of construction (charter schools are included and eligible for 30%). An initial payment of 80% is made "up front", with the balance paid upon completion of the project. The vote on this bill is next Wednesday.
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Special Education and Department of Education Rulemaking
The House concurred with Senate changes to SB 1360, requiring the state board of education and the commissioner of the department of education to submit reports detailing any proposed or adopted special education rules which exceed the minimum requirements of state or federal law. For each such rule, the state board shall identify the nature of the rule, any state minimum requirement exceeded, any federal minimum requirement exceeded, and the reasons for exceeding any minimum requirement. The bill now goes to the governor for final review.
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Additional Conference Committee Reports
Vacancies on Cooperative School Boards
Conferees reached agreement on SB 328, with proposed language that modifies the procedure for filling a vacancy on a cooperative school board. For these boards, the remaining school board members representing the same town as the departed member shall fill a vacancy on the board, provided that there are at least 2 such members. If there are less than 2 remaining members on the school board representing the same town or towns as the departed member, or if the remaining members are unable, by majority vote, to agree upon an appointment, the selectmen of the town involved shall fill the vacancy by majority vote in convention. If the selectmen are unable to agree upon an appointment, the school district moderator shall make the appointment. A member so appointed shall serve until the next district election when the voters of the district shall elect a replacement for the unexpired term.
School Attendance for Children of Divorced Parents
Conferees reached agreement on language for HB 1325, amending school attendance requirements for children of divorced parents. The proposed language makes clear that in a divorce decree or parenting plan, a child's legal residence for school attendance purposes may be the school district in which either parent resides. It further states that a school district is not required to provide transportation for a child to another school in the school district in which the child resides or beyond the geographical limits of the school district in which the child resides.
School District Policies on Health and Sex Education
Conferees failed to reach agreement on language in HB 1456, changing the requirement for policies allowing an exception to a particular unit of health or sex education, to not just religious objections but whenever a parent or legal guardian requests the exception, thereby killing the bill. The obstacle to agreement involved the inclusion of language specifically relevant to Concord's school district treasurer. Lack of agreement on this separate issue resulted in no agreement on the bill.
Taxpayer Standing for Declaratory Judgments
Conferees reached agreement on proposed language for HB 1510, clarifying 'legal standing' for taxpayers that petition a court for relief in a declaratory judgment action. The compromise provides clarification on who may challenge actions of state and local governing bodies.
Immunity for Using Reasonable Force to Protect a Minor
Conferees failed to reach agreement on language in HB 1583, relative to immunity for school personnel using reasonable force to protect a minor, thereby killing the bill. Lack of agreement on language regarding whether or not the pupil's behavior would constitute a danger to himself or other's present, resulted in failure to reach a compromise on the bill.
Please share your legislative concerns with your local legislators.
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