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President Obama Releases 2017 Budget Proposal
President Barack Obama released his fiscal year 2017 budget request to Congress
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the eighth and final of his presidency
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which includes investments to improve academic achievement, empower students with the computer science skills needed for a 21st century economy, and expand access to high-quality preschool.
Part of his $4.1 trillion proposal is committed to Title I and Individuals with Disabilities Education Act (IDEA) grants
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or special education funds
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to states. The proposed investment in Title I, including the increased amount directed to interventions and support for schools in need of improvement, is welcome, as we develop new plans to advance academic achievement under the Every Student Succeeds Act (ESSA). However, the proposed investment in IDEA Part B grants does not reflect the amount promised when the law was initially enacted, nor is it commensurate with the needs and the services that our nation
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s school districts provide for the more than 6.5 million students who are educated through the program. These grants are essentially frozen at the current level of $11.9 billion for FY 2017, reflecting roughly 16 percent of the average per pupil expenditure of $11,057, per the U.S. Department of Education for FY 2016, and averages less than $1,750 per student.
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Expansion of Local District Liability
Two bills of significant concern to school boards are scheduled for public hearings next Wednesday morning before the House Judiciary Committee, beginning at 9:00 am
. Both bills will likely increase the liability of districts for claims taken to court in civil lawsuits. It is important to remember that limits on municipal immunity acknowledges the broad scope of services provided by local governmental units. If they were held liable for every action that could lead to some injury, they would be unable to function. Current immunity only applies when governmental units provide services unique to their existence, and for which they are unable to decline such provision in order to reduce their risk. School board members should contact their local representatives, as well as committee members, to share concerns over the expansion of liability and urge defeat of these legislative proposals.
HB1687
allows municipalities and school districts to be held liable for certain injuries on playground equipment. The bill focuses on skateboarding parks and playgrounds, repealing the immunity and making school districts and towns liable for injuries on any playground they own.
HB1688
provides that employees of a governmental unit may be held liable for damages in certain negligence claims. The bill reverses current state law limiting municipal liability to damages/injury,
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arising out of ownership, occupation, maintenance or operation of all motor vehicles, and all premises.
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Instead it makes governmental units, including employees and officials, liable for everything, stating,
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whether or not arising out of ownership, occupation, maintenance or operation of all motor vehicles, and all premises.
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Update on Bills Impacting Cooperative School Districts
The
House Education Committee
will hold work sessions on the issue of withdrawal from a cooperative district (HB1303) and voting authority of the school board member on a cooperative district budget committee (HB1364). The committee is reviewing three bills: HB1201 allows a pre-existing district (single town) to determine by a vote within only the single town that initiated the withdrawal study, whether the withdrawal plan is approved; HB1303 also changes how a withdrawal plan is approved as well as making changes to the determination of capital contributions; HB1364 makes the school board member of a cooperative school district budget committee a nonvoting member. Executive session to vote on a committee recommendation is scheduled for Tuesday, March 1.
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Change to Public Employee Pension Plan Tabled
This week the House deferred action on HB1673, which establishes a cash balance pension plan for retirement system members who begin service with the state on or after January 1, 2017. For school districts, the bill is enabling: teachers, policemen, firemen, and political subdivision employee members of a non-state employer hired on or after January 1, 2017 are cash balance plan members only if their employer elects to have their members participate in the cash balance plan. It does not change the current traditional defined benefit plan for all current State and political subdivision employees: it would only apply to employees of political subdivisions if and when that subdivision's governing body voted to adopt the plan. Under a cash balance plan, the employer guarantees a minimum return on each employee's retirement account regardless of the investment return on the pension plan's investments. If the pension plan earns a rate of return greater than the guaranteed minimum return, the employer and employee share the benefits of those excess investment earnings. The House voted 188-127 to table the bill.
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Update on House and Senate Votes This Week
OTP Ought to Pass - OTP/A Ought to Pass as Amended - ITL Inexpedient to Legislate - Int Study Interim Study
House
HB1130
, requires school districts to permit placement of a memorial honoring veterans. OTP/A
HB1352
, allows the NHRS Board to determine any penalty for noncompliance with reporting requirements. OTP/A
HB1485
, permits a private right of action under the pupil safety and violence prevention act. ITL
HB1563
, provides adequacy funding for full-day kindergarten pupils. ITL
HB1630
, provides Fiscal Capacity Disparity Aid in addition to the Adequacy Aid funding. OTP/A and referred to Finance
HB1638
, uses state lottery funds to provide aid to each public and nonpublic school. ITL
HB1644
, requires all students enrolling in school to be screened for dyslexia. OTP and referred to Finance
Senate
SB316
, placement decisions by a child's IEP team are not a change of school assignment. OTP/A
SB328
, allows districts to exercise joint powers with other public agencies. OTP/A
SB371
, school lunch meal payment policy requirements.
OTP/A
SB372
, creates a state fund to provide financial assistance for school lunch programs. Int Study
SB373
, study the feasibility of using school building aid funds to upgrade information technology. OTP/A
SB460
, authorizes the State Board of Education to adopt rules on child sexual abuse/healthy relationships. OTP
SB483
, establishes the position of chartered public school program officer at the Dept. of Education. OTP and referred to Finance
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Education Hearing Schedule
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Tuesday, February 16, 2016
House EDUCATION, Room 207, LOB
EDUCATION, Room 207, LOB
9:30 a.m. Executive session on HB 1120, relative to teacher qualifications at charter schools; HB 1121, relative to the academic areas that comprise the statewide assessment; HB 1205, including libraries that provide children's programming in the definition of drug-free school zone; HB 1229, prohibiting the inclusion of statewide assessment results in a student's transcript without consent; HB 1232, relative to visits to schools by non-academic government or private organizations; HB 1283, relative to school notification of a change in placement; HB 1300, relative to the content of patriotic exercises in public schools; HB 1338, relative to student exemption from the statewide assessment; HB 1365, requiring public schools to observe New Hampshire constitution day; HB 1393, requiring the department of education to report statewide assessment results for school districts receiving certain state aid; HB 1456, relative to chartered public school boards.
Education Hearing Schedule
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Wednesday, February 17, 2016
House Judiciary, Room 208, LOB
9:00 a.m. HB 1687-L, relative to governmental liability for personal injury on playground structures.
10:00 a.m. HB 1688-FN-L, relative to governmental liability for negligence claims.
Education Hearing Schedule
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Thursday, February 18, 2016
House EDUCATION, Room 207, LOB
9:30 a.m. Executive session on HB 1137, relative to the adoption of school administrative unit budgets; HB 1145, establishing a committee to study suspensions and expulsions in licensed preschools and in kindergarten through grade 3; HB 1225, permitting high school students who are members of the armed forces to wear their uniforms at graduation; HB 1231, relative to school district policy regarding objectionable course material; HB 1239, relative to certain terminology in the education statutes; HB 1366, relative to the definition of educational competencies; HB 1371, establishing a committee to study education savings accounts for families of special needs students; HB 1372, permitting a child with a disability to use audio or video recording devices in the classroom; HB 1379, amending the requirement to use English in schools; HB 1408-FN, relative to a school building inventory; HB 1411, making civics mandatory in public schools.
Education Hearing Schedule
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Friday, February 19, 2016
House Special Committee On Public Employee Pension Plans, Room 202, LOB
10:00 a.m. Work session on HB 1449-FN, relative to additional temporary supplemental allowances for retired members of the retirement system; HB 1489, establishing a committee to study the rates of employer contributions in the retirement system.
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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