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Mr. Woolridge's Blog

15 March 2011
March Legislative Update

There are several bills being debated in Concord that would have an impact on our students. One bill with the potential of significant impact to our revenue is HCR 26. HCR 26 declares that the Claremont case's mandates that the legislative and executive branches define an adequate education, determine its costs, fund its entire cost with state taxes, and ensure its delivery through accountability, are not binding on the legislative and executive branches.

Other important bills include:

  • HB 429  which would permit a child 16 years of age or older to withdraw from school with parental permission.
  • HB 219 is a bill establishing a committee to study the abolishment of the department of education.
  • HB 220 involves the approval of plans and specifications for the construction of school buildings.
  • HB 290 allows staffing exceptions for small schools.
  • HB 369 deals with the withdrawal from a school administrative unit or an authorized regional enrollment area school.
  • HB 370 proposes making changes to the pupil safety and violence prevention act... the new Bullying Bill.
  • HB 377 proposes requiring daily physical education for public school pupils.
  • HB 422 would prohibit vaccinations in public schools.
  • HB 501 requires the teaching of cardiopulmonary resuscitation in public schools.
  • HB 528 requires school districts to develop a facility maintenance and capital improvement program.
  • HB 542 amends the school attendance statutes, amending the statute for suspension or expulsion of a pupil for possession of certain weapons.
  • HB 337 deals with the calculation and distribution of adequate education grants.

There is a legislative committee working on the constitutional amendment CACR 7, relating to education funding. The language is as follows: "Providing that the general court shall distribute funds in the manner that it determines will best promote an equal opportunity for an adequate education." Another constitutional amendment is CACR 12, which relates to funding of public education. The House Speaker has put forward this proposed Constitutional Amendment to remove the State from the obligation of funding an adequate education. The Constitutional Amendment would not go on the ballot until November 2012, so it will not affect the biennial budget starting this July 1. CACR 12 would overturn the Claremont decision. The Claremont decision requires the legislature to define an adequate education, to determine the cost of an adequate education for every student, and to fund the full amount of an adequae education for every student, and to assess accountability. The wording of the Constitutional Amendment (CACR 12) is as follows:

"In fulfillment of the state's duties set forth in part II, article 83 with respect to public education, the legislature shall have the authority and responsibility to reasonably define standards for elementary and secondary education in its public schools, determine the level of state funding thereof, and establish standards of accountability. The legislature shall have the authority to allocate state funds for public education in a manner that honors the authority and responsibilities of local communities and that reasonably will mitigate local disparities in educational opportunity and fiscal capacity, provided that a reasonable share of state funds shall be distributed on a per pupil basis."

There is no reference to adequate education in CACR 12. There is no floor as to what the level of funding must be. This allows the legislature to eliminate funding. The word "reasonably" has been used frequently but given that the legislature has been given the express authority to make all these decisions, I'm not sure the Court has any remaining authority regarding if what the legislature did was reasonable.

The Speaker was quoted as saying that it will allow us to get rid of the statewide property tax, which would result in $363,000,000 removed from the amount the state distributes.

Currently there are 14 bills that deal with the retirement system.

  • HB 460 relative to the retirement age for group II members.
  • HB 462 relative to the determination of employer assessments for excess benefits paid by employers in the retirement system.
  • HB 580 relative to the New Hampshire retirement system management.
  • HB 227 relative to the membership of the retirement system board of trustees.
  • HB 461 relative to repealing the authority for retirement system members to purchase service credit for certain out-of-state service.
  • HB 464 requires the transfer of certain retirement system group II special account funds to the state annuity accumulation fund.
  • HB 456 is related to the calculation of average final compensation for the purpose of determining retirement system benefits.
  • HB 265 redefines earnable compensation in the retirement system for new and nonvested members in service.
  • HB 463 relative to the retirement system maximum initial benefit limitation.
  • HB 360 establishing a state defined contribution retirement plan for state and political subdivision members of the retirement system and establishing a committee to study the transition of current employees into the new plan and administration of the new plan.
  • HB 492 establishes a deferred retirement option in the judicial retirement plan, and relative to benefits related to service of certain judges of probate retiring because of permanent disability.
  • HB 465 relative to the number of years for calculating average final compensation for retirement system benefits.
  • HB 460 relative to the retirement age for group.
  • HB 462 relative to the determination of employer assessments for excess benefits paid by employers in the retirement system.

You may also contact any or all members of the Legislature at the following web address: (http://www.gencourt.state.nh.us/ns/whosmyleg/default.asp). All Legislative hearings are open to the public.

If the Governor's budget was to pass the following is the impact on SAU 29 school districts:

 

 

There is also discussion related to the establishment of a "tax cap" in school districts. Currently all voters have a right to come and vote on all appropriations at our District Meeting or Deliberative Session. A tax cap process would over-ride that process.

"Evergreen provisions" will no longer apply to contracts that expire with no successor agreement in place. The law was repealed.

Keene High School graduation is now set for Friday, June 17, 2011 at 6:00 p.m.

 


Posted by wwoolridge at 10:32 AM | Link
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