nhsba

New Hampshire School Boards Association

Legislative Bulletin

March 21, 2014

  

A Brief Summary of Education Issues at the State House  

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Legislative Schedule

The deadline to act on any House bill in the House, or Senate bill in the Senate, is next Thursday, March 27, also known as "Crossover". It represents the point in the session after which each body only considers legislation sent to it by the other body.  To finish business on time, the House is scheduled to meet next Tuesday, Wednesday, and Thursday; the Senate has scheduled Thursday for a session.  The next major deadline is Thursday, May 15, the deadline for each body to act on legislative proposals.  The following Thursday, May 22, is the deadline to form Committees of Conference, and Thursday, June 5, is the scheduled deadline for acting on Committee of Conference reports, i.e. end of session!

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Proposed Change to Right-to-Know Law to be Considered Next Week

The House will now consider HB1591 next week.  Introduced as a proposal to establish a citizen right-to-know grievance commission, 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.  A proposed floor amendment requires 24-hour notice again, but still includes a requirement to post the agenda.  Agendas are frequently subject to last minute changes. Furthermore, the order of agenda items may be changed or tabled. Posting an agenda may be interpreted as not allowing consideration of items not appearing on the agenda. If boards were not allowed to change the agenda after posting, it would seriously impede the boards' ability to function. 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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House Will Consider Remaining "Common Core" Bills Next Week

Committee recommendations going to the full House for consideration next week are ITL (Inexpedient to Legislate), OTP (Ought to Pass), OTP/A (Ought to Pass as Amended), Int Study (Interim Study).

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. Committee vote: ITL 13-6.

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. Committee vote: Int Study 14-5.

HB1397 - This bill establishes a committee to study whether the department of education is operating within its statutory authority.  Committee vote: 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.  Committee vote: 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. Committee vote: 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. Committee vote: ITL 13-6.

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House Votes Next Week on Proposal to Establish a Study of Collective Bargaining

HB 1228 establishes a commission to investigate whether using the same procedure for collective bargaining for all categories of public employees is effective.  The House Labor Committee has recommended the bill Inexpedient to Legislate (ITL) by a vote of 15-2.

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New Standards for Restraint, Seclusion and Use of Force

SB 396 revises the statute limiting the use of child restraint practices in facilities and schools and regulates the use of seclusion, restraint, and force in such programs.  While the bill contains many good points that clarify when and how restraint and seclusion may be utilized, NHSBA remains concerned with how "use of force" is defined.  Language in the bill would only allow touching and holding when the child "voluntarily accepts the contact".  Temporary holding of a hand, wrist, arm, or shoulder would only be allowed if the child "is not actively combative or assaultive".  The proposed amendments, while primarily directed at physical restraint and seclusion, include these significant requirements regarding fairly normal physical contact by school officials under the definition of "use of force".  The Senate Health Education and Human Services Committee recommended passage of the bill (OTP/A 5-0) despite these concerns with the "use of force" provisions.  The full Senate will consider the bill next week.

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Charter School Funding Referred to Interim Study

HB435 - This bill provided funding for chartered public school pupils to be based on 50 percent of the most recently available statewide average cost per pupil for public school pupils. It increased the amount paid to charter schools per student from 40% to 50%, including any differentiated aid for which a pupil is eligible. The fiscal note indicated that this would increase state expenditures by $2,763,092 in FY 2015. General fund expenditure for charters has grown from $3.5 million in 2009 to over $23 million next year. HB 435 exacerbates this growth and creates an unpredictable, but ever-increasing, general fund obligation, putting a strain on other areas of education funding such as building aid and the need for an increase in catastrophic aid.  This week the House voted 167-151 to refer the bill to interim study.

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House Supports Raising the Age of Minority for Juveniles

HB1624 increases the juvenile delinquency age to 18 from 17 and further amends the process for determination of competence to insure such determinations are consistent for all age categories.  It also clarifies the right to counsel in juvenile cases and how that right can be waived.  The bill was adopted by the House on a 256-40 vote.

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House Votes to Allow Discussion of Student Matters in Nonpublic Session

HB1156 makes certain changes to the right-to-know law and establishes a right-to-know oversight commission. This bill clarifies the nonpublic session of the right-to-know law and adds 2 new matters that shall be considered in nonpublic session: consideration of written advice or information from the public body's legal counsel, and consideration of individual pupil matters, including but not limited to student discipline, hearings, and other matters relative to a pupil's education. The bill also establishes a right-to-know oversight commission to study and oversee the right-to-know law, making annual reports through November 2018. The House adopted the bill on a voice vote.

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Update on Other House Action this Week

HB1469 - requiring each school district to establish a special education parent advisory council. INEXPEDIENT TO LEGISLATE.

HB1488 - adopting the interstate compact on educational support for military children. The amended language facilitates the transition process for children of military parents when they change locations, but parallels NH law and terminology. OUGHT TO PASS WITH AMENDMENT.

HB1471 - relative to the proration of payments in lieu of taxes for renewable generation facilities among school districts. INEXPEDIENT TO LEGISLATE.

HB1472- relative to equalized property valuation used to apportion expenses in cooperative and multi-town school districts. INEXPEDIENT TO LEGISLATE.

HB1549 - relative to assessment of renewable generation facility property subject to a voluntary payment in lieu of taxes agreement. OUGHT TO PASS WITH AMENDMENT.

HB1590 - relative to the valuation of the Granite Reliable Power project in Coos county. OUGHT TO PASS WITH AMENDMENT.

HB1586 - relative to student and teacher information protection and privacy. REFER FOR INTERIM STUDY.

HB1587 - relative to regulating the collection and disclosure of student data. OUGHT TO PASS WITH AMENDMENT.

 

For the complete text of any bill, go to the general court web site and enter the bill number, e.g. HB1415, and make sure the Session Year is 2014. 

 

For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: [email protected]. 

Dean Michener
NHSBA Dir. of Governmental Affairs
[email protected]
603-228-2061