nhsba

New Hampshire School Boards Association

Legislative Bulletin

January 8, 2016

  

A Brief Summary of Education Issues at the State House  

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The 2016 Legislative Session Began in Earnest This Week
Legislative work began this week with attention focused on unfinished business from the 2015 session.  Included in House and Senate action were the following bills (Note: OTP, Ought to Pass; OTP/A Ought to Pass with Amendment; ITL Inexpedient to Legislate):
In the Senate
SB25 allows schools to acquire and maintain a supply of epinephrine auto-injectors, requires designated personnel to receive training in the administration of epinephrine, and establishes immunity from civil liability for the good faith acts of individuals administering epinephrine to a student. OTP/A
SB152 amends the disclosure procedures for criminal history records checks performed on school employees and volunteers.  It requires the state police to release a copy of the records check to the SAU, rather than the current police report indicating only the presence or absence of certain felony convictions.  This bill is a priority for NHSBA and received a unanimous (4-0) recommendation of Ought to Pass by the Senate Education Committee, but the Senate deferred action on the bill until next week.
HB555 clarifies the ability of public chartered school pupils to participate in programs and co-curricular activities in their resident district. OTP/A
 
In the House
HB218 provides an additional adequacy aid stipend for each 3rd grade pupil not testing at the proficient level or above on the mathematics component of the statewide assessment.  This bill recognizes that both reading and math are foundations for education. OTP/A and referred to Finance Committee for further review
HB231 states that a school district which initiated and completed a locally funded renovation project to remedy a safety condition shall be eligible to include any corrected safety condition in a building aid application. OTP/A and referred to Finance Committee for further review
HB301 as amended creates a study committee to examine the student unique pupil identifier and state department of education databases relative to security and personal information. OTP/A and referred to Executive Departments and Administration Committee for further review
HB471 further defines the responsibilities of local school boards for district curriculum and standards, noting boards may specifically adopt standards that "meet or exceed" state standards. OTP/A
HB538 addressed a transition period for implementing new statewide assessments.  Committee members believed more time was needed to study the issue. Refer for Interim Study
HB549 proposes that school building aid be annually set at no less than $50 million.  In addition, it reduces all aid percentage entitlements by 5%. OTP/A and referred to Finance Committee for further review
HB581 would require schools to continue the education of a child during the child's suspension or expulsion. Committee members believed more time was needed to study the issue. Refer for Interim Study
HB611 would require legislative approval of all agreements, contracts, grants, or waivers involving the Department of Education or State Board of Education. ITL
SB157 requires students to obtain a passing grade on a locally developed civics assessment as part of the high school history and government course.  The bill states, "... a locally developed competency assessment of United States government and civics that includes, but is not limited to, the nature, purpose, structure, function, and history of the United States government, the rights and responsibilities of citizens, and noteworthy government and civic leaders, shall be administered to students as part of the high school course in history and government of the United States and New Hampshire.  Students who attain a passing grade on the competency assessment shall be eligible for a certificate issued by the school district."  OTP/A
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Adequacy Aid and Kindergarten
HB1563 amends the current Adequate Education Law, increasing funding for pupils attending full-day kindergarten programs.  Current law stipulates that kindergarten pupils are included in the ADMA pupil count for funding, but limits the count to no more than � day attendance per calendar year.  This bill removes that restriction and allows kindergarten students in full day programs to be counted as a full time student.  The Department of Education estimates this bill will increase funding to districts statewide by $3.2 million.  HB1563 is scheduled for a public hearing before the House Education Committee next Tuesday, January 12 at 10:30 am in room 207 of the LOB.
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Upcoming Issues in 2016
Municipal Liability
SB41 from 2015 created a committee to study government immunity from suit. The committee was specifically charged to "study the recent state supreme court decisions construing or ruling on state statutes regarding negligence and intentional torts by governmental entities, the lack of statutes of limitations for enforcement actions by governmental entities, and the denial of equitable or declaratory relief to challenge actions by all levels of government." The committee has introduced three bills this year, with public hearings yet to be scheduled.
HB1687 allows municipalities and school districts to be held liable for certain injuries on playground equipment.  The bill amends current law to allow municipalities and school districts to be held liable for damages in an action to recover for bodily injury, personal injury, or property damage.
HB1688 provides that employees of a governmental unit may be held liable for damages in certain negligence claims. This bill expands liability for negligence claims to employees and officials of every political subdivision in the state. The bill provides for liability arising out of ownership, occupation, maintenance, or operation of all motor vehicles, and all premises.  This bill could increase the number of negligence cases in which districts may be held liable for personal injuries.  Costs for liability insurance for political subdivisions would likely increase.
SB421 modifies the liability of governmental units in bodily injury actions. Personal injury is expanded to include wrongful or constructive termination from employment.  The current limit of liability of a governmental unit for injury sustained by any one person is increased from $275,000 to $325,000, and the current limit on liability for damages sustained by any number of persons in a single incident or occurrence is increased from $975,000 to $1,000,000.
 
Mandatory Drug Education
The legislature's Joint Task Force on Response to the Heroin and Opioid Crisis has proposed expedited legislation relative to drug education.  SB369 states that, "Each public school in the state, as part of their health education curriculum, shall provide at each grade level age appropriate drug and alcohol education to pupils from kindergarten through grade 12."  It further requires that, "School boards shall develop policies authorizing school district personnel to provide pupils and parent/guardians with information and resources relative to existing drug and alcohol counseling and treatment for pupils.  Nothing in this law requires the school district to add additional programs or services but rather simply provide information about available programs and services."
A joint hearing before the House and Senate Education Committees is scheduled for next Tuesday, Jan. 12 at 9 am in room 210 of the Legislative Office Building.
 
Public Employee Pension Plans
The House Special Committee on Public Employee Pension Plans will continue its work and study more closely both cash balance plans and hybrid plans.  The committee has kept two bills under study from last year: HB369 establishes a defined contribution retirement plan for public employees and HB556 establishes a cash balance plan.  In addition, the committee will be considering a new bill this year, HB1673, which establishes a cash balance pension plan for retirement system members who begin service on or after January 1, 2017.  Teachers, policemen, firemen, and political subdivision employee members hired on or after January 1, 2017 would be cash balance plan members if their employer elects to have their members participate in the cash balance plan.
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House Education Schedule - Tuesday, January 12, 2016
EDUCATION, Room 207, LOB
9:30 a.m. HB 1272-FN, relative to bus transportation for chartered public school students.
10:00 a.m. HB 1351, relative to the laws governing chartered public schools.
10:30 a.m. HB 1563-FN-LOCAL, relative to funding for full-day kindergarten pupils.
11:00 a.m. HB 1551-FN-A, establishing the John and Molly Stark scholarship program and making an appropriation
12:30 p.m. HB 1561-FN, relative to freedom of expression on college campuses.
1:30 p.m. HB 1485, relative to private rights of action under the pupil safety and violence prevention act.
2:00 p.m. HB 1644-FN, relative to screening and treatment for dyslexia and related disorders and establishing
a reading specialist in the department of education.
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NHSBA Delegate Assembly - Saturday, January 16, 2016
The 2016 NHSBA Delegate Assembly will be held on Saturday, January 16th, at the Center at Triangle Park (formerly Local Government Center) in Concord, NH. Delegate Assembly packets and registration information are available on the NHSBA website.
For the complete text of any bill, go to the general court web site and enter the bill number, e.g. HB1563, and make sure the Session Year is 2016. 

 

For more information on specific legislation, please call Dean Michener, NHSBA Director of Governmental Affairs at 603-228-2061, or email: deanm@nhsba.org. 
Dean Michener
NHSBA Dir. of Governmental Affairs
deanm@nhsba.org
603-228-2061