New Hampshire School Boards Association

Legislative Bulletin

March 7, 2014

A Brief Summary of Education Issues at the State House  

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Proposed Change to Right-to-Know Law

HB1591 - As introduced, this bill established a citizen right-to-know grievance commission to hear and resolve any complaint. However, the Judiciary Committee adopted an amended version on a 9-8 vote.  The new proposal deletes all reference to the 'grievance commission', but makes two problematic changes to current law.  It amends the requirement for posting notice of a meeting from the current 24 hours in advance of the meeting to 72 hours in advance.  It also requires that an agenda be posted with the notice.  In addition to preventing boards from responding to important new matters in a timely manner (72 hour notice, excluding Sundays and holidays), agendas are often subject to last minute changes. Furthermore, the order of agenda items may be changed or sometimes even tabled. Posting the agenda will not guarantee the board will, or must, follow it. Since the agenda is subject to change, there is no point in having it posted. If boards were not allowed to change the agenda after posting, it would seriously impede the boards' ability to function.  The committee's recommendation will go before the full House sometime after next week.  Please contact your local representative and share your concern with this change to the Right-to-Know law, and urge defeat of the bill. 

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Senate to Consider Proposal for New Additional Retirement Benefit

SB 364 establishes a new supplemental savings plan within the retirement system, funded entirely by an additional employer contribution, and costing over $81 million in additional employer contributions over the next five years. Adding a new benefit, on top of the existing NHRS benefit employees already receive, would be a new and unfunded mandate imposed on local districts.  The Senate Executive Departments and Administration Committee recommended killing the bill on a close 3-2 vote. The full Senate will consider the committee's recommendation when it meets next Thursday. Please contact your local senator and share your concerns with this new additional funding obligation that would increase employers contribution rates: support the committee recommendation and urge defeat of the bill. 

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Committee Recommendations on Common Core Standards and New Assessments

The House Education Committee held several lengthy executive sessions to make recommendations on these bills that will now go to the full House for consideration sometime after next week. (ITL = Inexpedient to Legislate; OTP = Ought to Pass; OTP/A = Ought to Pass as Amended; Int Study = Interim Study.)

HB1238 - This bill requires the department of education to make available assessment questions and response sheets on the department's website as soon as possible after the assessment results are released. House Education voted OTP/A 19-0: it will be considered by the House next week.

HB1239 - This bill requires the state board of education to report on the fiscal impact of implementing the college and career readiness standards, and prohibits the board from implementing any new common core standards until the board performs a fiscal analysis and conducts a public hearing in each executive council district. House Education voted ITL 13-6.

HB1247 - This bill requires the department of education to reimburse school districts for technology costs necessary to implement a statewide assessment program.  House Education voted ITL 11-7.

HB1262 - This bill restricts the collection, storage, and sharing of student assessment data by the United States Department of Education and the New Hampshire Department of Education. House Education voted Int Study 14-5.

HB1397 - This bill establishes a committee to study whether the department of education is operating within its statutory authority.  House Education voted ITL 14-5.

HB1432 - This bill delays for 2 years the implementation of the department of education's common core state standards implementation framework, as adopted by the state board of education in July of 2012. The bill also requires the legislative oversight committee to study the feasibility of implementing the planned education improvements in New Hampshire public schools contained in the minimum standards for public school approval, including the department of education's common core state standards implementation framework.  House Education voted Int Study 8-7.

HB1496 - This bill provides that a school district shall not be required to administer any assessment which is not valid and appropriate, or which cannot be objectively scored. House Education voted Int Study 15-3.

HB1508 - This bill requires the state board of education to terminate all plans, programs, activities, and expenditures relative to the implementation of the common core state educational standards which have been adopted or may be adopted by the state board, including any assessments and instruction based upon such standards. House Education voted ITL 13-6.

HB1586 - This bill establishes procedures for protecting the privacy of student and teacher personally-identifiable data, and also prohibits the use of video monitoring in a classroom for the purpose of teacher evaluations, as well as remote surveillance software on school laptops and tablets. House Education voted Int Study 14-5.

HB1587 - This bill regulates the collection and distribution of student data. House Education voted OTP/A 19-0: it will be considered by the House next week.

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Finance Committee Rejects Proposed Increases in State Aid

The Finance Committee considered two bills this week that would have helped districts in funding for special education and school building construction.  The bills received support from the policy committee, but were recommended ITL (Inexpedient to Legislate) by the Finance Committee for budgetary reasons: they will be considered by the full House sometime after next week.

HB1105 - This bill removes the requirement that catastrophic special education funds be prorated among the school districts entitled to such aid, thereby funding the full eligible amount.

HB1114 - This bill establishes a minimum state expenditure for school building aid of $50,000,000 per fiscal year. Current law states the appropriation shall be no more than $50 million, and the current appropriation is approximately $43 million.  Due to this reduction, no funds are available for any new construction, and the moratorium was extended another two years.  While the state spent considerable time and effort to develop a new formula, no funds have been appropriated to meet the ever-increasing need of our state's facilities.

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House to Consider Proposal for New Financial Obligation: Payments to Charter Schools

HB 1393 ignores local control and places a new, unfunded financial obligation on local districts.  The bill requires a district that does not operate either an elementary or secondary school within the district to pay to a charter school in the district an amount not less than the tuition payment which would have been paid to the receiving school district for any resident child that chooses to attend the charter school.  The House Education Committee voted ITL 11-7, recommending killing the bill.  School board members should contact their local representative to express their opposition to this new financial obligation that makes these payments mandatory without a local district vote.

Please contact your local representative and share your concerns with this new additional funding obligation: support the committee recommendation and urge defeat of the bill. 

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Other Education Bills Considered by the House Next Week

HB 1128, establishing a committee to study issues related to students receiving special education services while attending a chartered public school. OUGHT TO PASS WITH AMENDMENT. Rep. Mel Myler for Education. The local school district is responsible for the implementation of the individual educational plan (IEP) of a special education student attending a public charter school. The IEP outlines the special education services that are to be provided to a child enrolled in a public charter school. This bill establishes a committee of House and Senate members to study issues related to students receiving special education services while attending a chartered public school. Vote 13-1.

HB 1238, relative to access to assessment materials. OUGHT TO PASS WITH AMENDMENT. Rep. Glenn Cordelli for Education. The majority believes that this bill simply requires the DOE to publish items from the state-wide assessment on their web site. This is the current practice with the NECAP assessment results and should be continued with the new Smarter Balanced state assessments. Vote 19-0.

HB 1587, relative to the collection and disclosure of pupil data. OUGHT TO PASS WITH AMENDMENT. Rep. Anne C Grassie for Education. This is a well-crafted bill that the sponsor and the department of education agreed will tighten the privacy protections of our students' information. Vote 19-0.

HB 1392, removing the restriction on the number of pupils eligible to transfer to a chartered public school. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE.

Rep. Ralph G Boehm for the Majority of Education. Presently, the restriction of students who may be removed to attend a public charter school, in any given district, is 10% per grade level. This bill repeals RSA 194 B:3. That restriction has never been challenged or met. This repeal may then allow a charter school to open in an area with limited public school population. The lottery in public charter schools limits the influx or rush of students and provides opportunities for alternative education. Vote 10-8.

Rep. Mel Myler for the Minority of Education. The Minority was not convinced that the 10% restriction limiting students to transfer from a public school to a public charter school was warranted. There has been no past problem for any student wishing to attend a charter school. Furthermore, the unintended consequence could negatively impact the public school by depleting a grade level of attendance or curriculum options.