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Legislative Deadlines and the Budget
This week, the deadline passed (March 28) for the House to take action on all House bills (except the budget), and REPORT the budget bill, which must be acted on by next Thursday, April 4. The House Finance Committee completed its work on a budget recommendation, and will present those details in a public budget briefing next Monday, to be held in Representatives Hall at the State House. The full House is scheduled to vote on the budget bills next Wednesday.
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HB 1 and 2 - Operating Budget
HB 1 contains budget appropriations, and HB 2 is the 'companion' narrative. The major education funding changes to the governor's budget proposals (see February 15 NHSBA Legislative Bulletin) recommended by the House Finance Committee include extending the building aid moratorium for two more years, with no funding for projects approved between June 30, 2013 and June 30, 2015. This saves over $7 million dollars. Those districts currently receiving payments for previously approved projects will continue to receive funding. Charter school funding is also capped at$18.5 million in FY 2014 and $21 million for FY 2015, or $1 million and $1.5 million respectively less for each fiscal year than recommended by the governor. HB 2 also implements a moratorium on new charter schools for the next biennium, requires state board approval for any changes in charter school enrollments, and gives the state board discretion to decide if any proposed chartered school serves the state's needs geographically or programmatically. HB 2 also repeals the education tax credit program created last year, seeking to prevent the diversion of public funds to private and religious schools.
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HB 25-Capital Budget
HB 25 contains capital appropriations. The committee's recommendation continues to include funding for renovations at two regional Career and Technical Education centers: White Mountain Regional (Whitefield) and Salem. However, removed from the bill was $2.025 million originally recommended by the governor to cover remaining kindergarten construction costs for Salem and Pelham. This removal was based upon assurances from the Senate Finance Committee that it will be addressed in the operating budget.
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HB 370 - Proposal to Repeal the Education Tax Credit Program: In Senate Education
HB 370 repeals the statutes enacted last year with the passage of the Education Tax Credit Program. After passing the House in February, it remains under review in committee following its hearing before the Senate Health, Education & Human Services Committee. NHSBA provided testimony in support of the repeal. The Education Tax Credit law diverts money from the state general and education trust funds, re-directing it to individuals to support their personal choices, violating our state's tradition of never allowing public funds to be utilized for private purposes. This is undeniable; without a tax owed to the state, there would be no 'credit' to offer.
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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HB 142 - Teacher Evaluation Procedures
HB 142 originally sought to affirm that the school board is responsible for the development and adoption of a teacher evaluation system. However, NHSBA is concerned that the language as amended by the House creates a new requirement for local boards that currently does not exist. The current version of the bill states that boards must adopt a "teacher evaluation and support system to be used in the school district or school for the continual improvement of instruction." Current statutes do not require a "support system", and the term is vague, leaving it open to different interpretation and challenges. Currently, RSA 189:14-a simply states that, "(b) School boards shall have a teacher performance evaluation policy." HB 142 as amended goes beyond that statutory requirement. NHSBA provided the only testimony in opposition to the current version of HB 142 before the Senate Health, Education and Human Services Committee, noting that the bill creates this new statutory requirement. The bill remains under consideration by the committee.
ACTION ITEM
Please contact members of the Senate Health, Education & Human Services Committee, expressing your opposition to the current language in this bill. Current statutes simply require boards to adopt a teacher evaluation policy; there is no requirement relative to a "support system". This new requirement is undefined and vague, likely resulting in differing interpretations and potential conflict between unions and management. NHSBA believes existing law covers the responsibility and authority of boards to adopt evaluation policies, and that HB 142, creating a new requirement, is not needed.
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Senate Adopts HB 115: Vacancies on Cooperative School District Budget Committees
HB 115 modifies the procedure for filling a vacancy on a cooperative school district budget committee. The bill seeks to make changes similar to the procedure adopted last year in SB 328 for filling vacancies on cooperative school boards. NHSBA's concern and suggested amendment, preserving the appointing authority of the school board for its member on the budget committee, was incorporated into the bill when the Senate passed HB 115 with the amendment. The bill now returns to the House for concurrence with the amendment.
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HB 187 - Limitations on Amending Cost Item Amounts for Collective Bargaining Agreements
The Senate Public and Municipal Affairs Committee unanimously supported HB 187, which states that no cost item agreed to by a public employer and an employee organization shall be modified by the legislative body. NHSBA provided testimony supporting this proposal to ensure the school boards negotiated agreement is presented for a vote of the legislative body. The bill makes it clear that cost items must be accepted or rejected and may not be amended, since negotiated agreements are a total "package" of components, such as benefits and working conditions, as well as cost items. The Senate will now consider the committee's unanimous recommendation for passage.
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Bill Status Update
OTP, Ought to Pass - OTP/A Ought to Pass as Amended - ITL Inexpedient to Legislate
HB 269 authorizes a city or town to conduct a special meeting necessitated by changes in adequate education funding: House voted OTP
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 was referred to the House Finance Committee for financial considerations. The Finance Committee unanimously recommended ITL; the House voted this week to table the bill.
HB 260 addresses issues associated with CHINS, and the "downshifting" of costs when services for these children was nearly eliminated in the FY 2013 budget. This bill as amended expands the definition of a child in need of services under RSA 169-D and creates a voluntary CHINS program, requiring that the appropriate voluntary services have been attempted and proven unsuccessful prior to a petition being filed with the court. The bill also requires school board truancy policies to include information relative to student attendance. The House voted OTP/A.
HB 455 establishes a committee to study the use of a cash balance retirement plan for new state employees. The House voted ITL.
These House committees retained several education bills for further review/consideration, with potential action next year:
EDUCATION
HB 243, relative to the board of trustees of a chartered public school.
HB 424, relative to review of chartered public school applications by the state board of education.
HB 435, relative to funding for chartered public school pupils.
HB 533, relative to the mathematics requirement for high school graduation.
FINANCE
HB 299, relative to tuition payments for chartered public school pupils.
HB 341, relative to the cost of fiscal analysis of legislation relating to the retirement system.
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