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Proposed Changes For State Board of Education and Commissioner
SB354
requires the Commissioner and Deputy Commissioner of the Department of Education to be nominated by the governor and confirmed by the members of the general court: each nominee shall be confirmed by a majority vote of the members of the general court assembled in joint session.
SB355
requires the members of the State Board of Education to be elected by a majority vote of the members of the general court assembled in joint session.
NHSBA provided testimony in opposition to these proposed changes, suggesting an amendment to SB354 that would return the authority to appoint the Commissioner, and confirm the Deputy Commissioner, to the State Board of Education as it was prior to 2004. NHSBA Perennial Resolution VIII:G states that, "NHSBA supports the concept and duties of the State Board of Education as established in RSA 21-N:10-11. In its capacity to review all programs, advise on goals and hear appeals, the State Board of Education should have the authority to appoint the Commissioner of Education as well as confirm the Deputy Commissioner and division directors nominated by the Commissioner of Education."
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Criminal History Records Checks
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 last week the Senate deferred action on the bill as certain senators remained concerned with privacy issues. This week, the Senate adopted a floor amendment that provides for the state police to report to the SAU the presence or absence of any crimes the district has designated as constituting grounds for non-approval of employment, or non-acceptance of volunteer services in that district. The bill was then referred to Judiciary for further review.
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Upcoming Issues in 2016
Right to Know
HB285
from last session, and retained by Senate Judiciary, was amended to broaden the "non meeting" allowance for consultation with legal counsel to include "consideration of legal advice provided by legal counsel, either in writing or orally, to one or more members of the public body, even where legal counsel is not present." This Senate amendment must now go back to the House for concurrence.
HB1216
requires public bodies and agencies to provide information in a form not regularly kept or reported upon payment by the requestor.
HB1413
establishes a commission to study processes to resolve right-to-know complaints. A five member commission (two legislators, the Attorney General or designee, and two public members, one of whom shall be a member of Right To Know New Hampshire) shall study processes to resolve right-to-know complaints. Specifically, the commission's study shall include, but not be limited to, creating an ongoing board or commission to adjudicate citizen right-to-know complaints.
HB1417
requires certain information be recorded in the minutes of a public body for the purposes of discussing strategy or negotiations with respect to collective bargaining or consultation with legal counsel.
HB1418
clarifies certain information which is to be included in the minutes of nonpublic sessions under the right-to-know law.
The minutes must include the names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions reached.
HB1419
requires minutes of nonpublic sessions under the right-to-know law to include the vote of each member in all actions taken.
HB1510
requires public bodies to properly notify persons who are the subject of certain nonpublic sessions. This bill also requires public bodies to review minutes of nonpublic sessions every 3 years and after review such records may be sealed.
HB1546
permits the audio recording of a public servant performing a public function.
HB1593
limits the cost of obtaining a copy of a public record to the actual cost. It
may not include any cost associated with searching, compilation, and labor of the public body in making the copy.
HB1611
stipulates that a public body or agency shall not charge a fee for allowing a person to inspect a record that is immediately available.
Public bodies may charge a fee to cover the actual labor cost of retrieving and copying the requested records, including reviewing and redacting confidential and other exempt information, subject to certain conditions.
Professional Code of Ethics for Teachers
HB1457
establishes a code of professional ethical standards and practices for teachers. The code, "adheres to the fundamental belief that the student is the foremost reason for the existence of the teaching profession. The public has vested the teaching profession with trust and responsibility requiring the highest ideals of the profession. Therefore, the teacher accepts both the trust and responsibility to practice the profession according to the highest possible degree of ethical conduct and standards. The teacher shall value the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all. The teacher's primary professional concern will always be for the student and for the development of the student's potential. The teacher will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity. Such professional responsibilities shall include the commitment to the students, the teaching profession, and the community."
Mandatory Drug Education
SB369
is the legislative proposal from the Joint Task Force on the Heroin & Opiod Crisis. The Senate adopted language stating, "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." In the House, the bill then received a House Education Committee recommendation (12-3) for passage with amendment, changing the word "shall" to "should". This recommendation now goes to the full House for consideration.
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Education Hearing Schedule
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Tuesday, January 19, 2016
House EDUCATION, Room 207, LOB
9:30 a. m. HB 1229, prohibiting the inclusion of statewide assessment results in a student
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s transcript without consent.
10:00 a.m. HB 1652-FN-A, establishing a teacher preparation for mathematics education scholarship program.
11:15 a.m. HB 1638-FN-L, relative to the allocation of lottery revenues to schools.
12:45 p.m. HB 1604-FN-A-L, relative to exceptional student education programs and providing funding therefor.
1:30 p.m. HB 1630-FN-L, relative to calculating the base cost of an adequate education.
2:15 p.m. HB 1667-FN-L, repealing the statutes authorizing the Department of Education.
Executive session on pending legislation may be held throughout the day, time permitting, from the time the committee is initially convened.
Senate EDUCATION, Room 103, LOB
9:00 a.m. SB 322, relative to the provision and administration of bronchodilators, spacers, and nebulizers in schools.
9:20 a.m. SB 312, relative to epinephrine administration in independent schools.
10:20 a.m. SB 371, relative to school lunch meal payment policies.
10:40 a.m. SB 372, establishing a fund to provide financial assistance to school districts for school lunch programs.
EXECUTIVE SESSION MAY FOLLOW
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Education Schedule
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Thursday, January 21, 2016
House EDUCATION, Room 207, LOB
9:30 a.m. HB 1121, relative to the academic areas that comprise the statewide assessment.
9:50 a.m. HB 1240, relative to alternatives to the statewide assessment.
10:30 a.m. HB 1338, relative to student exemption from the statewide assessment.
11:00 a.m. HB 1393, requiring the Department of Education to report statewide assessment results for school districts receiving certain state aid.
11:30 a.m. HB 1366, relative to the definition of educational competencies.
1:00 p.m. HB 1239, relative to certain terminology in the education statutes.
1:45 p.m. HB 1411, making civics mandatory in public schools.
2:05 p.m. HB 1379, amending the requirement to use English in schools.
2:25 p.m. HB 1365, requiring public schools to observe New Hampshire Constitution Day.
Executive session on pending legislation may be held throughout the day, time permitting, from the time the committee is initially convened.
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