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Legislative Deadline Approaches
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The Schedule
The legislature is coming close to wrapping up the work of the session. Next Thursday, May 5, is the deadline for the House to report on any remaining Senate Bill in its possession, and the following Thursday, May 12, is the deadline for both the House and Senate to act (vote) on any remaining Senate/House bill. When differences remain in the actual language between the House and Senate version of a bill, if both the House and Senate agree to work on a compromise, any Committee of Conference must be formed by Thursday, May 19.
Committee of Conference reports must be resolved by Thursday, May 26, and the last day for the House and Senate to act on any Committee of Conference report is Thursday, June 2nd.
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Senate Delays Action on Private School Pupil Assignment Bill
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HB1637
HB1637
allows a school district to assign a child to another public school in another school district or to an approved, non-religious private school if there is no public school for the child's grade in the child's resident district. The bill also allows a school board to make a contract with a non-religious private school to provide for the education of a child who resides in a district which does not have a public school at the child's grade level
. The Education Committee recommendation was for Interim Study on a unanimous 5-0 vote, but the bill was special ordered for consideration next Thursday, May 5.
NHSBA testified in opposition to the bill for several reasons. Two long-standing resolutions, Continuing Resolution I:A adopted in 1991 and Continuing Resolution I:B adopted in 2005, both call for public education funds to be solely used for public school purposes. The resolution also specifically opposes any effort to subsidize elementary or secondary private schools with public tax dollars. The bill also creates confusion and a negative impact on school districts. Current language relative to "Contracts with Schools" in RSA 194:22 would be deleted: "If the contract is approved by the State Board, the school with which it is made shall be deemed a high school maintained by the district." The deletion of this language could cause significant problems with all the tuition agreements entered into between school districts in the state. The elimination of this language goes beyond allowing districts to contract with approved non-religious schools and other public schools. In conjunction with RSA 194:27 it would require a district, which currently contracts with another school district to send all of its students to the contracted school district, to pay for the tuition of any of its resident students for attendance at any approved school (public or private) to which they are admitted, presumably including expensive prep schools. Another significant problem with the bill is that RSA 189:1 requires school boards to provide an education in standard schools for at least 180 days, or the equivalent hours, as required in the rules of the Department of Education. Schools must meet all the requirements of ED rules, including the minimum standards in ED 306. Non-public schools are approved under a smaller set of different criteria in ED 403, which is far less stringent. This raises significant questions relative to the state's requirements concerning the provision of an adequate education.
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Balanced Budget Constitutional Amendment
CACR27
is a proposal to amend New Hampshire's Constitution to purportedly contain a provision requiring a balanced budget
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However, the wording of the proposal states that the state shall not, "either spend from the general fund or any other fund capable of producing a surplus more in any biennial budget period than that fund receives in revenues." This creates a concern since the state's funding for adequacy comes from the Education Trust Fund. But revenues for this fund never reach the funding level required of the Adequate Education Funding Formula; additional monies from the General Fund are always transferred to cover the necessary amount. The wording of the proposed amendment could cause technical problems for meeting the state's funding of Adequacy. In addition, there is concern with how/when the state would determine the total revenue received for any fund. If determined by year end accounting, would it require a freeze on spending during the last quarter to ensure that expenditures would not exceed anticipated revenue? These and other concerns were raised during a
House Finance Committee
work session this week.
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Withdrawal From A Cooperative School District
HB1303
originated in the House as a proposal to amend the procedures for withdrawal from a cooperative school district. Given the complexities associated with the issue, the bill was amended by the House to establish a commission that would study all issues relating to pre-existing districts withdrawing from a cooperative school district. An interim report is due on or before January 1, 2017 with a final report due on or before November 1, 2017. The Senate made a slight amendment to the composition of the commission, which now includes three Representatives, one Senator, the Dept. of Education, Dept. of Revenue Admin., two cooperative school board members, 2 superintendents of cooperative districts, NHSBA, NHSAA, the Council of School Attorneys, and two members of the public, one appointed by the House Education Chair and one by the Senate Education Chair. This week, the House Education Committee indicated willingness to concur with the change.
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Non-Academic Surveys
SB320
provides that no student shall be required to volunteer or submit to a non-academic survey or questionnaire without written consent of a parent or legal guardian. The bill does create an exception to this requirement for the Youth Risk Behavior Survey (YRBS) developed by the Centers for Disease Control and Prevention. After passing the Senate the bill was amended in the House, but the Senate did not concur with the change and requested a Committee of Conference to resolve differences. Senators named to the Committee are Senators Reagan, Avard and Watters. This week, the House Education Committee indicated a desire to accede to the request and name House conferees.
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Code of Ethics for Teachers
HB1457
establishes a code of professional ethics for New Hampshire teachers. The bill amends current law, inserting in statute the details of, "a code of professional ethical standards and practices that 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 House Education Committee has kept the bill for Interim Study, with a report/recommendation anticipated next fall. In addition, the Department of Education Professional Standards Board has also been working on a Model Code of Ethics, and will share its work with the Committee.
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Scheduled Senate Votes Next Week
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Thursday, May 5, 2016
The Senate meets in session next Thursday, and will consider the following bills with committee recommendation:
(OTP Ought to Pass
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OTP/A Ought to Pass as Amended
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ITL Inexpedient to Legislate)
HB1229
prohibits the inclusion of statewide assessment results in a student's transcript without consent. (ITL 4-0)
HB1272
provides that students attending a chartered public school shall be provided bus transportation to their school on the same terms and conditions provided for students attending non-chartered public schools. (OTP 6-0)
HB1302
requires the operator of a mixed use school bus which qualifies as a commercial vehicle to hold a valid commercial driver license. (OTP 3-0)
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. (ITL 4-0)
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. (ITL 5-1)
HB1644
requires the commissioner of the Department of Education to designate a reading specialist to provide support and resources to school districts for identifying and assisting students with dyslexia and related disorders and their families. This bill also makes a technical correction amendment to reflect current provisions in the Adequacy law. (OTP/A 6-0)
