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Dept. of Education Makes Presentation to House Finance Committee
The Department of Education gave a summary presentation of the Governor's Budget, and how it impacts the Department and local school districts. The overall decline in enrollments resulted in close to a $6 million lower financial obligation to school districts in Adequacy Aid for the next two years, compared to current funding. However, the actual amount necessary to fund Adequacy next year will not be known until later this summer, since pupil counts will be based on the final ADM figures for the current 2012-2013 school year. Charter schools receive an additional $24 million for the biennium, covering new charter schools as well as increased enrollments at charter schools. The Department will also be prioritizing new charter school approvals to meet the perceived needs of areas where access to charter schools is limited or non-existent. Building aid funds current obligations for FY '14, with an additional $5 million in FY '15, starting the process of making funds available for new projects. Cat aid, and Voc T&T aid, are both level funded in FY '14, with increases of $2 million and $1 million respectively in the second year. The Department will be working closely with Division II of Finance, chaired by Rep. Dan Eaton (d, Stoddard), as the budget process continues in the House.
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Constitutional Amendments - CACR 6 and CACR 7
CACR 6 proposes that political subdivisions maintain schools at their own expense, and CACR 7 provides the legislature with full discretion to determine the amount of state funding for education. These proposals undercut the spirit and meaning of the Supreme Court's Claremont decisions, lower any future standard of court review, and remove any criteria for a level of state support as a partner in funding an adequate education. NHSBA provided testimony in opposition to both bills, noting that local oversight of educational programs comes within parameters established both by law and rulemaking, which determine requirements and minimum standards. The state is a partner in this process, and adequate education funding plays an integral role in the support and delivery of education to our children. Local property taxes remain the major source of revenue, funding close to 70% of our school budgets, with adequacy grants contributing about 20%.
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HB 591 - Public Sector Abusive Work Environments
HB 591 prohibits abusive work environments for public employees. NHSBA provided testimony in opposition, noting that the language and definitions in the bill are extremely vague and invite litigation. Terms used are very subjective, and any employee unhappy with a supervisor's criticism will be able to assert a claim that the supervisor has created an abusive environment. The proposal includes termination, constructive discharge, demotion, unfavorable reassignment, failure to promote and disciplinary action as "adverse employment actions", fostering more litigation by public employees.
ACTION ITEM
Please contact members of the House Labor Committee and express your opposition to this bill. The proposal only applies to public employers and is completely subjective. As part of the Whistleblower Act, attorneys' fees and costs for the prevailing party are covered, so employees would have an incentive to bring suit, allowing someone who did not like their discipline to threaten suit. Most public employees are also members of unions, and protected by collective bargaining agreements and other statutes.
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House Supports Repeal of Education Tax Credit Program
HB 370 repeals the education tax credit program. Wednesday, the House voted Ought to Pass by a margin of 188-151, sending a strong message of opposition to this state subsidy for sending students to private schools. NHSBA's testimony to the Ways & Means Committee noted that the program diverts money from the state general fund and education trust fund to be used by individuals, purportedly to support their personal choices. It violates our tradition of never allowing public funds to be utilized for private purposes, especially when the state is not meeting its current funding obligations.
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Guns on School Property
HB 609 provides that a school district shall vote to require the school board to establish policies and procedures relative to licensed school employees carrying a firearm while on school property. The bill is in response to the Connecticut shootings. NHSBA offered testimony that schools have been addressing safety issues for a long time, and are working in cooperation with police, emergency officials, the U.S. and N.H. Departments of Education, and other resources to establish preventive policies and procedures. Working in cooperation with local law enforcement provides an opportunity for schools to work with other community officials, and also builds a positive relationship that is invaluable in a crisis situation. Arming people in our schools should be left to professional public safety officials. Arming teachers and staff with guns would subject school districts to responsibilities and liabilities that are beyond the expertise, knowledge base, experience and professional capacity of most school boards and administrators. Most importantly, the chances of an armed staff member accidentally shooting a child are high.
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Bill Status Update
OTP, Ought to Pass - OTP/A Ought to Pass as Amended - ITL Inexpedient to Legislate
HB 178 requires binding arbitration in labor relations disputes: remains under review in House Labor subcommittee.
HB 344 removes the requirement that catastrophic special education funds be prorated among the school districts entitled to such aid and requires that disbursements for special education to a school district shall be at least 80 percent of the district's entitlement for catastrophic aid costs in the fiscal year. OTP passed the House as a policy bill. It now goes to the House Finance Committee for financial review.
HB 122 permits recommendations of the budget committee in an official ballot referendum municipality, that are revised after the deliberative session, to be used for determining the 10 percent limitation on appropriations: ITL by the House.
HB 280 permits towns and school districts that have adopted official ballot voting to make certain adaptations concerning the default budget and the amendment of petitioned warrant articles: ITL by the House.
HB 423 provides that petitioned warrant articles may not be amended in local political subdivisions that have adopted official ballot voting: scheduled for House consideration on February 27.
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