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Legislature Scheduled to Take a Break
The NH Legislature will be taking a winter break next week. There is no legislative activity scheduled during the week of February 22
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26. There is also no activity scheduled for Town Meeting Day, March 8th.
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Expansion of Local District Liability
HB1687
permits actions against any municipality or school district to recover for bodily injury, personal injury, or property damage incurred as the result of use of playground structures.
HB1688
provides that employees of a governmental unit may be held liable for damages in negligence claims, removing the current limitations on municipal liability.
NHSBA testified in opposition to these bills during lengthy hearings held this week before the
House Judiciary Committee
. These bills
will likely increase the liability of districts for claims taken to court in civil lawsuits. It is important to remember that limitations on municipal liability is good public policy and acknowledges the broad scope of services provided by local governmental units. If these political subdivisions of the state 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 continue to contact their
local representatives
, as well as
committee members
, to share concerns over the expansion of liability and urge defeat of these legislative proposals. The committee will likely vote on a recommendation after the break, on Tuesday, March 1.
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Update on Bills Impacting Cooperative School Districts
The
House Education Committee
appears to be receptive to a more in-depth study of the issue of withdrawal from a cooperative school district. The committee is considering a study bill that incorporates two bills currently in committee: 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. Executive session to vote on a committee recommendation for these bills is scheduled for Tuesday, March 1.
Another bill of concern to cooperative district school board members is HB1364, which would make the school board member of a cooperative school district budget committee a nonvoting member. Executive session to vote on a committee recommendation is also scheduled for March 1.
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Update on Public Employee Pension Plan Bills
The House Special Committee on Public Employee Pension Plans continues to hold work sessions. The committee is currently reviewing provisions of HB1449, providing an additional supplemental allowance for retired members of the retirement system, and HB1489, establishing a committee to study the rates of employer contributions in the retirement system.
HB1449
is of concern to school board members since it calls for a return of "gain sharing", a practice that caused problems and contributed to the retirement system's current unfunded liability that accounts for over half of the total pension contribution. The bill establishes a special fund to be used for temporary supplemental allowances (TSA) for retirees. This fund is funded from a one-time transfer of investment earnings of 2.5% in the first year when NHRS investment returns exceed 12.5%. According to the fiscal note, this transfer to the special fund will increase the unfunded actuarial accrued liability (UAAL) by an estimated $144 million, which must then be paid by NHRS employers (including school districts and municipalities), ultimately by property taxpayers. The UAAL is currently over $4.2 billion and the funding status is only 63.4%. Under the current 30-year amortization plan, employers will continue to pay off this liability for the next 23 years, with the goal of reaching 100% funding by June 30, 2039. It would not be wise to provide additional benefits that increase the UAAL, lowers the funding status, and raises employer contribution rates.
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House Education Committee Update
The House Education Committee met in executive session this week and made recommendations on numerous bills. Committee recommendations will likely be considered when the House meets in session on March 9 and 10.
OTP Ought to Pass - OTP/A Ought to Pass as Amended - ITL Inexpedient to Legislate - Int Study Interim Study
HB1120
, requires all chartered public school teaching staff to possess a valid NH teaching credential. ITL
HB1121
, clarifies the academic areas to be included in the statewide assessment. OTP/A
HB1137
, amends the alternative budget procedure in a school administrative unit and requires that the warrant article for the SAU budget state the cost per pupil per fiscal year under the proposed budget. ITL
HB1145
, establishes a committee to study suspensions and expulsions of children in licensed preschools and in kindergarten through grade 3. OTP
HB1205
, includes libraries with children's programming in the definition of "drug-free school zones." ITL
HB1225
, requires school boards to adopt a policy permitting a student who has joined the United States armed services to wear his or her military uniform at graduation. OTP/A
HB1229
, provides that a student's statewide assessment results shall not be a part of a student's transcript. OTP
HB1231
, requires school districts to provide advance notice to parents and legal guardians of course material involving discussion of human sexuality or human sexual education. OTP/A
HB1232
, requires school districts to adopt a policy governing visits to schools by non-government academic or private organizations. OTP/A
HB1239
, amends references to "curriculum standards" and "curriculum frameworks" in the education statutes.
OTP/A
HB1240
, sets forth alternatives for allowing a school district to comply with the statewide assessment requirement. ITL
HB1283
, requires the department of health and human services to notify the child's school of a change in placement made under RSA 169-C that will result in a change in school assignment. The department and school district are then charged with developing a transition plan for the child. OTP
HB1300
, amends the requirement for patriotic exercises in public schools to include a discussion of the Pledge of Allegiance and the Star Spangled Banner. OTP/A
HB1338
, provides that a student exempted from taking the statewide assessment by the student's parent or legal guardian shall not be penalized. The bill also requires a school district to provide an appropriate alternative educational activity for the time period during which the assessment is administered. OTP
HB1365
, requires public schools to observe New Hampshire constitution day on June 2. ITL
HB1366
, adds a definition of the term "competencies" to the statewide assessment, adequate public education, and school performance and accountability statutes. ITL
HB1371
, establishes a committee to study education savings accounts for families of special needs students, and whether the program shall be limited to families with special needs students. OTP
HB1372
, permits a child with a disability to use audio or video recording devices in the classroom. OTP/A
HB1379
, limits the requirement to use the English language for the instruction of students to public schools only. ITL
HB1393
, requires the commissioner of the department of education to report on the number of students receiving differentiated aid from the state and to compare the statewide assessment results of those students, by category of aid received, with the statewide assessment results of students not receiving differentiated aid. ITL
HB1408
, requires the commissioner of the department of education to conduct a school building inventory and to establish and maintain a school building inventory database. OTP
HB1411
, provides that a half-year course in civics shall be required for high school graduation. ITL
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Education Hearing Schedule
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Tuesday, March 1, 2016
House EDUCATION, Room 207, LOB
9:30 a.m. Executive session on HB 1201, relative to withdrawal from a cooperative school district; HB 1274, establishing a committee to study the efficacy of changes in the community college system of New Hampshire; HB 1303, relative to withdrawal from a cooperative school district; HB 1364, relative to the membership of the cooperative school district budget committee; HB 1414, repealing the home education advisory council; HB 1431, relative to academic freedom and whistleblower protection; HB 1457, establishing a code of professional ethics for New Hampshire teachers; HB 1484, relative to the election of members of the state board of education; HB 1612-FN, relative to the age for purposes of compulsory education; HB 1637-FN, relative to school attendance in towns with no public schools.
Senate EDUCATION, Room 103, LOB
9:00 a.m. HB 301, establishing a committee to study New Hampshire's statewide longitudinal data system and any other department of education maintained database that contains student level data.
9:15 a.m. HB 527, requiring school districts employing school resource officers to adopt a written agreement.
9:30 a.m. HB 1272-FN, relative to bus transportation for chartered public school students.
9:45 a.m. HB 536, relative to payment for special education services for chartered public school students.
10:15 a.m. HB 1604, relative to instructional methods to enable students to acquire and apply knowledge and skills.
10:45 a.m. HB 471, relative to the duties of school boards.
EXECUTIVE SESSION MAY FOLLOW
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