nhsba

New Hampshire School Boards Association

Legislative Bulletin

March 15, 2013 

  

A Brief Summary of Education Issues at the State House  

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Legislative Deadlines Approach - Impact House Schedule

This week, the deadline passed (March 14) for the House to take action on bills NOT referred to a second committee. Next Thursday, March 21, is the last day for committees to report all House bills (except budget), and Thursday, March 28 is the last day to REPORT the budget bill and ACT on all other House bills. Thursday, April 4 is Crossover Day, the last day for the House to act on a budget bill. Thus, the House has been busy acting on committee reports both this week and next, and the Finance Committee remains busy with budget development work. Complicating the budget are lower revenues than expected for the current year, and uncertainty associated with the anticipation of $80 million in gaming revenues. The Department of Education continues to work closely with Division II of Finance, chaired by Rep. Dan Eaton (d, Stoddard), as budget deliberations continue in the House.

In addition, HB 2 (the "trailer bill") has also been released, containing language relative to state fees, funds, revenues and expenditures. The proposed bill expands the definition of a child in need of services (RSA 169-D) and revises the procedure for filing a CHINS petition. Additional requirements are also made to truancy policies adopted by school boards. The bill also repeals the education tax credit program adopted last year. HB 2 is part of the budget that will be adopted by the House by April 4 and then sent to the Senate.

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Constitutional Amendments Rejected by House - CACR 6 and CACR 7

CACR 6 proposed that political subdivisions maintain schools at their own expense, and CACR 7 provided the legislature with full discretion to determine the amount of state funding for education. Both 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, and yesterday the House agreed, voting ITL (Inexpedient to Legislate) on both bills.

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SB 40 Passes House - Current Year FY 2013 Adequate Education Funding

SB 40 addresses a technical calculation error by the Dept. of Education for current year Adequacy Funding. Many communities were given notice of approximately $3.5 million more than the hold harmless provision technically provided for FY 2013. SB 40 seeks to restore the original level of funding for which school districts received notice and were anticipating as revenue this year. NHSBA offered testimony in support of prompt action to correct this current year funding problem, impacting approximately 80 communities. With the House vote of Ought to Pass, the bill has passed both the House and Senate, and now goes to the Governor for signature.

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HB 370 - Proposal to Repeal the Education Tax Credit Program: Now in Senate

HB 370 repeals the statutes enacted last year with the passage of the Education Tax Credit Program. The bill passed the House in February and has now been scheduled for a public hearing in the Senate, before the Health, Education & Human Services Committee next Friday, March 22, at 1:00 pm in Room 100 of the State House.

 

ACTION ITEM

Please contact your local senator and members of the Senate Health, Education & Human Services Committee, expressing your support for this bill. NHSBA Perennial Resolutions I:A and I:B oppose any efforts to subsidize private, religious or home schools with public tax dollars. Tax credits will only result in less revenue for the state despite the lack of resources to meet current obligations. The program "recaptures" state adequacy aid to locals, thus increasing the local property tax and relying on local funds to promote a state policy initiative. The state 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 repeal of this program and focus on supporting improvements in our public schools and meeting current funding obligations, benefitting the vast majority of our children.

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Guns on School Property Rejected by House

HB 609 required school district legislative bodies to vote on requiring the school board to establish policies and procedures relative to licensed school employees carrying a firearm while on school property. 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. The House agreed with NHSBA's opposition to the bill, voting Inexpedient to Legislate. Arming people in our schools should be left to professional public safety officials.

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House Adopts Amended Version of HB 178 - Binding Arbitration Not Included

The House adopted an amended version of HB 178, the bill originally proposing binding arbitration. The bill now requires 1) the PELRB to develop and post on its website training to educate negotiating parties, and 2) public employers to report the result whenever the legislative body votes on a collective bargaining agreement or fact finding report. The PELRB will maintain a record of such information and provide an annual summary report. The bill now moves to the Senate for consideration.

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Bill Status Update

OTP, Ought to Pass - OTP/A Ought to Pass as Amended - ITL Inexpedient to Legislate

HB 187 was passed by the House, acknowledging that any legislative body amendment to a proposed collective bargaining agreement changes the terms and is not binding on the parties. The bill specifically states that no cost item may be modified by the legislative body, ensuring that the voters act upon the governing body's negotiated agreement. The bill now moves to the Senate for consideration.

HB 344 requires that catastrophic special education aid be funded at a level at least 80 percent of districts entitlements for the fiscal year. Having passed the House as a policy decision, the bill is now under review by the House Finance Committee for financial considerations. A Finance Committee recommendation is expected next week.

HB 423 would have prevented petitioned warrant articles from being amended in local political subdivisions that have adopted official ballot voting: the House killed the bill (ITL) by a vote of 286-65.

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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. HB142, and make sure the Session Year is 2013. 

 

For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: deanm@nhsba.org. 

Ted Comstock
NHSBA Executive Director
&
Dean Michener
NHSBA Dir. of Governmental Affairs