|
__________________________________________________________
Senate Tables HB 370 - Repeal of the Education Tax Credit Program
HB 370: Education Tax Credits. This bill repeals the statutes enacted last year with the passage of the Education Tax Credit Program. The Senate Health, Education & Human Services Committee recommended killing the bill (ITL: Inexpedient to Legislate), on a 3-2 vote. Following floor debate in the Senate, during which speakers noted that the current law diverts money from the state general and education trust funds, re-directing it to individuals to support their personal choices, and violating our state's tradition of never allowing public funds to be utilized for private purposes, the bill was tabled on a close party line vote 13-11: Laid on Table.
Other Senate Action During Session This Week
HB 629: Criteria for school building aid grants. "School security and design" is added to the criteria list for consideration in reviewing proposals for school building aid: Ought to Pass.
HB 282: Mixed use school buses. This bill modifies the definition of mixed use school bus so that drivers of small passenger vans used by the school to transport students to and from school events must be school district employees. It will also require criminal records checks of driver education instructors, update references relating to suspending or revoking a school license or driver education certificate, and authorize background checks on candidates for employment or promotion at the Department of Safety: Ought to Pass.
HB 159: Requiring patriotic exercises on federal Constitution Day. Due to existing requirements for observation of Constitution Day, the Senate killed this bill: Inexpedient to Legislate.
HB 161: School district policies on health and sex education. This bill specifically incorporates health or sex education instruction into the current statutory requirement for districts to adopt a policy allowing an exception to specific course material: Ought to Pass as Amended.
HB 180: Definitions of student athlete and student sports for management of concussions and head injury. This bill amends the required head injury policy for student sports to cover students in grades 4-12 and also includes intramural athletics: Ought to Pass.
______________________________________
SB 2 - Technical Correction to Local Tax Caps
SB 2 addresses the calculation of a local tax cap. The bill provides that for districts adopting a local tax cap under RSA 32:5-b, determination of the amount of local taxes to be assessed and raised for the next year shall not include any fund balance brought forward from the previous year. This bill represents the "permanent fix" to the problem faced earlier this year by the only school district to adopt a tax cap: the Newfound Regional School District. NHSBA worked with legislative leaders to address specific legislation that was adopted for Newfound and offered testimony at the House public hearing in support of the permanent fix in SB 2, which will ensure any district adopting a local tax cap will not meet with the same problem in the future. The House Municipal & County Government Committee voted 16-0 recommending OTP (Ought to Pass), and the bill is scheduled for the Consent Calendar when the House meets next Wednesday, April 24.
______________________________________
HB 260 - Children in Need of Services (CHINS)
HB 260 expands the definition of a child in need of services under RSA 169-D and revises the circumstances under which the court may order various services or placements. The bill also directs the Department of Health and Human Services to collect certain data regarding the CHINS program and provides for the suspension of voluntary services if appropriated funds will be insufficient to support voluntary services for the remainder of the biennium. Unfortunately, the bill also includes overly prescriptive provisions relative to local board truancy policies. NHSBA provided the Senate Health, Education & Human Services Committee with testimony regarding the unnecessary inclusion of additions to the current statutory requirements for school board policies on truancy in RSA 189:34. The bill would require local policies relative to a process for truancy intervention to "consider and document" the effect on a child's attendance of several vague issues, including "poor school climate, poor relations with teachers, and the adequacy of the identification of the child's special education needs."
ACTION ITEM
Please contact your local senator and members of the Senate Health, Education & Human Services Committee to convey your general support for this bill, but opposition to the inclusion of changes to the requirements on school board policy. Documenting the effect could create unintended barriers to provision of needed services, and the additional language on required policy is unnecessarily prescriptive. NHSBA sample policy calls on building administrators to investigate the cause of a student's truant behavior, consider, when appropriate, modification of an educational program, and involvement of the parents. The sample policy also has the following provisions: coordination of truancy prevention strategies, assisting staff to develop site attendance plans, and encouraging adoption of attendance-incentive programs at school sites and individual classrooms. These measures are working. The law was changed in 2010, at which time NHSBA amended its sample policy to reflect the new intervention requirements. Since then, Commissioner Barry has recently reported that there is "... clear evidence that our dropout prevention programs, put in place to complement the increase in the state's compulsory attendance age, are in fact working."
______________________________________
HB 364 - Required Notice to Existing and Prospective Part-time Employees
NHSBA offered testimony in opposition to HB 364, requiring employers to provide written notice of the hourly limitations on part-time employment AND the "potential effect that exceeding such hourly limitations could have on the retired member's retirement benefits." Notice must be given annually to each existing part-time employee who is a retired member of NHRS, as well as to any prospective employee who is a retired member of NHRS. The bill also states that employers who provide such notice "shall not be held liable for any consequences to the employee resulting from the employee's restoration of service due to exceeding the hourly limitations..." This new mandated requirement to provide the potential financial effect is highly speculative, and more appropriate for personal financial planners, not school district administrators. Furthermore, it is unclear what would constitute proof of such notice when an individual employee claims the notice was not provided. Finally, school districts are aware of the hours worked by their own staff, but are unaware if an individual chose to seek additional part-time employment in another district, with the combined hours exceeding the maximum allowed. Following testimony this week, the bill remains under review and consideration by the Senate Executive Departments and Administration Committee.
ACTION ITEM
Please contact your local senator and members of the Senate Executive Departments and Administration Committee to convey your opposition to this bill. It should not be assumed that school districts are always aware of any other additional part-time jobs an employee may pursue. Retirees need to plan for their retirement and be aware of rules and regulations governing possible work commitments, including social security limitations as well as NHRS. A simple annual notice by NHRS, provided to all retired members of the system, will meet the concerns and intent of this legislation.
______________________________________
HB 305 - Cooperative School Districts with Electric Generation Facilities
HB 305 establishes a committee to study the apportionment formulas for operating and capital costs in cooperative school districts with towns that have electric generation facilities. The committee will study tax obligations and state aid for towns and districts that have electric generation facilities, and how such facilities affect the tax bases of surrounding municipalities. The bill is scheduled for a public hearing before the Senate Health, Education and Human Services Committee at 9:00 on Tuesday, April 23, in room 103 LOB.
| 
