nhsba

New Hampshire School Boards Association

Legislative Bulletin

April 18, 2014

  

A Brief Summary of Education Issues at the State House  

 

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House Committee Endorses 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.  Already adopted by the Senate, the bill contains many good points that clarify when and how restraint and seclusion may be utilized.  However, 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 changes, 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 new language even modifies the ability to "defend oneself" by stipulating that one cannot restrict the freedom of movement of the torso, head, arms, or legs of the child: totally undercutting the intended exception for using force to defend oneself.  The House Children & Family Law Committee recommended adoption of the bill (Ought to Pass) on a 16-2 vote.  It goes before the full House next week.

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Retirees "Working" Part-time

HB 1494 clarifies definitions, establishes a procedure for the determination of the costs of purchase of service credits, clarifies the ability to earn service credit while on a salary continuance plan, and changes the date for the approval of the comprehensive annual financial report (CAFR).  It also adds a penalty for employers who fail to timely remit data on compensation paid to retired members. NHSBA had concerns with the details of this penalty. Due to recent controversy over the extent to which NHRS retirees are working part-time, legislation last year requires every employer to report monthly to NHRS all compensation paid by the employer to retired members of the retirement system, including the name of, and the total hours worked, for each retired member of NHRS.  A $25 per day penalty is charged to employers for data not timely remitted.  The problem arose over confusion with reporting compensation and "total hours worked" for NHRS retirees who may actually be serving in an elected position, such as a school board member or treasurer who is also a retired teacher or retired from some other NHRS benefitted position.  This week the Senate Executive Departments and Administration Committee adopted an amendment excluding "elected officials" from this reporting requirement.  While NHSBA appreciates and supports this amendment, unfortunately the language does not apply to those who serve in appointed positions, such as cooperative school district clerks and treasurers.  These appointed people receiving compensation from the district must be included on the report.  The bill goes before the full Senate next week.

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Senate Approves Bill on Collection and Disclosure of Student Data

HB1587 adds a new subdivision to NH's education statutes relative to the collection and disclosure of student data.  The new section, Student Information Protection and Privacy, is in response to concerns relative to the release of student test/assessment results, and any corresponding personally identifiable information.  NHSBA supports this bill that identifies data that may, and may not, be collected by the Department of Education, as well as clarifying what information a school or the department may disclose.  Neither schools nor the department may disclose or permit disclosure of student personally identifiable data.  This new language, in conjunction with current federal and state law, specifically FERPA, as well as local policy, makes all education records confidential, and schools may not release any such information without written consent of parents.  The bill does not impact current requirements associated with "directory information" defined in federal FERPA law as well as NH RSA 189:1-e.  Annually, parents must be given notice of this type of information and the opportunity to opt out of all, or part, of the information for their child.  The Senate adopted the proposal this week on a voice vote.

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House Education Endorses Study of Funding Issues Associated with CTE Centers

SB 335 creates a commission to study career and technical education centers.  The bill establishes a 13 member study commission that will review funding for construction and renovation, funding issues and programs for donations of equipment, and increasing partnerships between businesses, skilled trades, advanced manufacturing and the career technical education centers.  An interim report is due on or before November 2014 with a final report by January 2015.  The House Education Committee recommended passage (OTP) on a 17-0 vote.

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House Approves Prohibition on Using Credit History in Employment Decisions

SB 295 establishes the Employee Credit Privacy Protection Act which prohibits employers from using credit history in employment decisions.  The House deleted Senate language that provided an exception if any employer reasonably believed that lack of such information would adversely impact their operation.  The House adopted the bill on a 192-142 roll call vote.  The House and Senate will now have to reconcile the two versions if possible.

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A Status Update on Right-to-Know Bills after Crossover

(Status of bills introduced this session relevant to the Right-to-Know law.)

 

HB1153 - This bill allows a public body or agency to require a deposit for right-to-know requests. Defeated by House ITL

HB1156 - This bill as introduced required a public posting of circumstances that are not considered meetings, required 72 hours notice of a public meeting, including the agenda, and required minutes of nonpublic sessions to be kept as permanent records.  The House amended the bill to make certain changes to the right-to-know law and establish a right-to-know oversight commission. NHSBA supports the amended language that now clarifies nonpublic sessions 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.  This week the Senate Public & MunicipalAffairs Committee recommended killing the bill (ITL); the full Senate will consider it next week.  School board members should contact their senator and share their support for this bill that saves the duplicative cost of requiring an attorney's presence and provides for accurately identifying nonpublic sessions to discuss individual pupil matters.  In addition, the oversight commission is charged to address several important issues, including development of standards and procedures to enable public entities to recover costs relative to complying with the right-to-know law, guidelines for members of public bodies to participate electronically, and how best to handle grievances concerning application of right-to-know issues.

HB1450 - This bill extends the right-to-know law to nonprofit corporations entering into contracts with municipalities for the purpose of managing or operating a business improvement district.  The bill also requires such nonprofit corporations to file a statement with the attorney general's office acknowledging that they are subject to the right-to-know law. Defeated by House ITL

HB1470 - Under this bill, a quorum shall be physically present at meetings under the right-to-know law; provided, however, that if a member or members necessary to meet such a quorum must travel in excess of 60 miles to the meeting, such member or members may participate electronically or otherwise. Defeated by House ITL

HB1591 - This bill as introduced established a right-to-know grievance commission.  It was subsequently amended by the House Judiciary Committee to require that agendas be posted along with notice of a public meeting, three days in advance of the meeting.  Due to concerns with timing of posted notices, and interpretations of including posted agendas, the bill was Tabled by the House.

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Legislation Considered Next Tuesday, April 22, 2014

HOUSE EDUCATION, Room 207, LOB

10:30 a.m. Executive session on SB 343, (New Title) relative to the duties of the statewide education improvement and assessment program legislative oversight committee and repealing the school administrative unit legislative oversight committee, SB 348, establishing a commission to study sexual abuse prevention education in elementary and secondary schools, SB 350, (New Title) relative to the transfer of adequacy aid calculation data from the department of education to the department of revenue administration, SB 355, relative to access to social media by educational institutions, SB 414 FN, relative to Medicaid-funded services provided as a part of a child's individualized education program.

1:15 p.m. Rescheduled Presentation by the Department of Education: Perspectives on Accountability and Assessment

 

SENATE HEALTH, EDUCATION AND HUMAN SERVICES, Room 103, LOB

9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

9:30 a.m. HB 1200, relative to student social media policies by educational institutions.

9:45 a.m. HB 1238, relative to access to assessment materials.

10:00 a.m. HB 1321, relative to reporting of Armed Services Vocational Aptitude Battery scores.

10:15 a.m. HB 1534, establishing a commission to study fiscal disparities between public school districts

 

Legislation Considered Next Wednesday, April 23, 2014

10:00 a.m. House in Session

 

Legislation Considered Next Thursday, April 24, 2014

10:00 a.m. Senate in Session

 

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