Posted below is the current status of the major anti-public education bills in the Legislature. "ITL" means "inexpedient to legislate" - in other words, the bill is defeated in the committee or on the floor of the House or the Senate. However, it can come back.
The link to the "Docket" will give the actual current status of the bill.
ITL is "Inexpedient to Legislate" If a bill is "ITLed" in a floor vote, it is defeated. In committee, it could come back.
OTP = "Ought to Pass"
And "LSR" is a Legislative Services Request, basically a request from a member for Legislative Services staff assistance in drafting a bill.
To facilitate quick search and analysis, the bills are coded as follows:
CIR - Curriculum
DOE - efforts to limit or abolish DOE
LP - efforts to allocate additional power to the Legislature
PR - Parental Rights
ETC - Educational Tax Credit
CA - Compulsory attendance
HS - Home schooling
CS - Charter schools
NCLB - efforts to opt out of NCLB
Education Bills in the New Hampshire Legislature
SB 300 (2012, passed Senate, amended and passed in House) relative to special education services in chartered public schools
Docket Awaiting CoC
AN ACT relative to special education services in chartered public schools.
SPONSORS: Sen. Carson, Dist 14; Rep. Hunt, Ches 7
This bill requires a chartered public school to make available a free and appropriate public education to all children with disabilities by making available to the child all special education programs and services that are available to the child in the child’s school district of residence.
DNHPE Comment: The stated intent of SB 300 is to "clarify" the obligation of the local district in providing special ed and related services (speech, OT, PT, counseling, etc) to kids enrolled in charter schools. However the NHASEA position is that there is no legal obligation to replicate the services within the context of a charter school. Since a charter school is a parent choice, and not a special education placement, the NHASEA position is that local districts are only obligated to offer a special education program at the local district or another approved special education setting (like a private, State-approved school), and there is no obligation to essentially transport the entire program into a charter school.
The DOE takes the opposite view, since charters are public schools by law, and the local district is supposed to provide all special ed instruction and related services in the charter school setting.
HB 1313 (2012, failed*) allowing school districts to offer higher education scholarships to high school pupils
Docket ( ITL, 259-90)
AN ACT allowing school districts to offer higher education scholarships to high school pupils.
SPONSORS: Rep. Daniels, Hills 6
This bill enables a school district to adopt and offer higher education scholarships to a high school pupil who graduates high school early and scores in the proficient range or above in all subjects tested in the statewide assessment.
DNHPE Comment: It's hard to tell what the point of this bill is unless it is meant to enable students to go to for-profit colleges. The sponsor has been an member of ALEC since 1990.
Compare this language from the bill:
"Upon adoption of this chapter by the school district in which the pupil resides, a pupil attending a public high school, public academy, or chartered public school at the high school level who graduates prior to his or her scheduled graduation date and who has achieved a score in the proficient range or above in all subjects tested in the statewide assessment shall be eligible to receive a scholarship furnished by the school district in which the pupil resides equal to one-half of the total per pupil expenditure for a high school pupil in the school district in which the pupil resides, as calculated by the department of education, and shall be used to defray tuition costs at any public or private institution of higher education in this state or another state, territory, or possession of the United States."
To this language from the ALEC model legislation (ALEC is discussed here) :
"Upon adoption of this subdivision in a school district, a pupil who graduates from
SPONSORS: Rep. Pratt, Hills 7; Rep. Hikel, Hills 7; Rep. Warden, Hills 7; Rep. Burt, Hills 7
COMMITTEE: Municipal and County Government
This bill requires members of budget committees who are members of the governing bodies, school boards, or village districts to serve as non-voting members of such budget committees.
DNHPE Comment: This looks like local fight in Geoffstown that should not change state law.
Docket (ITL, 284-5)
DNHPE Comment: This the House Education Committee on February 2, 2012. It was probably the worst presentation of a bill ever. Here is the Concord Monitor article on the hearing.
AN ACT relative to the teaching of the Bible in public schools.
SPONSORS: Rep. Bergevin, Hills 17; Rep. DeLemus, Straf 1; Rep. Itse, Rock 9; Rep. S. Tremblay, Rock 3; Rep. Kingsbury, Belk 4
This bill requires the state board of education to establish an elective bible literacy course for pupils in grades 9-12.
The executive session on this bill was Tuesday 2/21/12. The bill was voted ITL (Inexpedient to Legislate) 16-1. Oddly, although the bill is on the Consent Calendar, meaning it would be automatically dispensed with on the floor, Rep. Bergevin, who was unable to defend it in committee, has offered an amendment, so the amendment will get a vote and the bill may be voted on as well.
The amendment is below, since it is not conveniently available elsewhere. It has this Amended Analysis :
"This bill allows a school district to offer an elective course in the study of the Bible as a work of literature for pupils in grades 9-12. "
Floor Amendment to HB 1712
Proposed by Rep. Bergevin
Amend the bill by replacing all after the enacting clause with the following:
1 Intent and Justification. The general court finds and recognizes the history of our country, from the Mayflower Compact, Revolutionary War, the Federalist Papers, and other speeches and writings of our Founding Fathers, is rooted in the belief in God and the teachings of the Bible.
2 New Paragraph; State Board of Education; Duties. Amend RSA 186:11 by inserting after paragraph IX-c the following new paragraph:
IX-d.(a) Require school districts to adopt a policy establishing an elective course for pupils in grades 9-12 in the study of the Bible as a work of literature. The policy shall permit a school to offer:
(1) An elective social studies course on the Hebrew Scriptures, Old Testament of the Bible; or
(2) An elective social studies course on the New Testament of the Bible; or
(3) An elective social studies course on the Hebrew Scriptures and the New Testament of the Bible.
(b) The purpose of the course shall be to:
(1) Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, morals, oratory, and public policy; and
(2) Familiarize students with, as applicable:
(A) The contents of the Hebrew Scriptures or the New Testament;
(B) The history of the Hebrew Scriptures or the New Testament;
(C) The literary style and structure of the Hebrew Scriptures or the New Testament; and
(D) The influence of the Hebrew Scriptures or the New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.
(c) A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the school or school district.
(d) Such course shall comply with applicable federal and state laws and guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of pupils in the school. A course developed under this paragraph shall not endorse, favor, promote, disfavor, or show hostility toward, any particular religion or nonreligious faith or religious perspective. The state board of education shall not violate any provision of the United States Constitution or federal law, the New Hampshire constitution or any state law, or any administrative regulations of the United States Department of Education or the New Hampshire department of education.
(e) A school district may accept gifts or donations of any kind from any source for the purpose of developing and delivering such a course to pupils.
3 Effective Date. This act shall take effect 60 days after its passage.
Sponsors: (Prime) James Forsythe, Nancy Stiles, Peter Bragdon, Jeb Bradley, Gregory Hill, Joseph Fleck,Ralph Boehm
This bill requires the use of current fiscal year data for average daily membership in attendance and average daily membership in residence for the calculation of adequate education grants.
Testimony to the Senate Education Committee by Mark Joyce, Executive Director of the New Hampshire School Administrators Association is attached.
HB 1268 (2012, failed) requiring the department of education to reimburse the community colleges for remedial courses
Status (ITL in Education committee)
AN ACT requiring the department of education to reimburse the community colleges for the costs of providing remedial courses.
SPONSORS: Rep. Sheffert, Rock 15
This bill requires the department of education to reimburse each institution within the community college system of New Hampshire for the full cost of educational and personnel expenses associated with the provision of remedial level courses to graduates of New Hampshire high schools.
SB 309-FN-A (2012, failed) appropriating $10 million for UNH and $5 million for the community colleges
AN ACT relative to the transfer of real and personal property from the former department of regional community-technical colleges to the board of trustees of the community college system of New Hampshire and relative to the tax exempt status of real estate and personal property owned by the community college system of New Hampshire.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Stiles, Dist 24; Sen. Merrill, Dist 21; Sen. Kelly, Dist 10; Rep. E. Smith, Ches 4; Rep. Kotowski, Merr 9; Rep. Gile, Merr 10; Rep. Major, Rock 8; Rep. Schroadter, Rock 12
I. Authorizes the transfer of all real and personal property from the former department of regional community-technical colleges to the board of trustees of the community college system of New Hampshire.
II. Clarifies the tax exempt status for real estate and personal property owned by the community college system of New Hampshire.
III. Authorizes the board of trustees of the community college system of New Hampshire to sell real property with prior approval of the long range capital planning and utilization committee.
IV. Provides that the effective date of this act is contingent on the community college system of New Hampshire completing a survey of its Concord property and providing evidence of insurance coverage for its Concord property.
Docket (ITL voice vote)
HOUSE BILL 1564
AN ACT establishing a committee to study and recommend solutions for simplifying the calculation of the cost of public education through the combination of adequate education, school building aid, and catastrophic aid funding.
SPONSORS: Rep. Foose, Merr 1
COMMITTEE: Special Committee on Education Funding Reform
This bill establishes a committee to study and recommend solutions for simplifying the calculation of the cost of public education through the combination of adequate education, school building aid, and catastrophic aid funding.
2012-H-2713-R title: establishing a committee to study and recommend solutions for simplifying the calculation of the cost of public education through the combination of adequate education, school building aid, and catastrophic aid funding.
Sponsors: (Prime)Robert Foose
SB 316 (2012, failed*) says the New England Association of Schools and Colleges accreditation would no longer fulfill the adequate education accountability requirements.
Docket (ref to interim study, voice vote)
AN ACT relative to compliance with school accountability requirements.
SPONSORS: Sen. Luther, Dist 12; Sen. De Blois, Dist 18; Sen. Lambert, Dist 13; Rep. Flanagan, Hills 5; Rep. J. Belanger, Hills 5
This bill repeals a provision of the school accountability statute which allows a school to fulfill the adequate education accountability requirements by demonstrating full accreditation from the New England Association of Schools and Colleges.
2012-S-2978-R title: relative to compliance with school accountability requirements.
Sponsors: (Prime)Jim Luther , Gary Lambert, Tom De Blois, Jack Flanagan, James Belanger
SB 183-FN-L (2011, failed House refused conference) relative to the calculation and distribution of adequate education grants.
Docket ( House Refuses to Accede to Senate Request for C of C )
DNHPE Comment: Need to review the record in detail to see who thought what and how it related to HB 337.
SENATE BILL 183-FN-LOCAL
AN ACT relative to the calculation and distribution of adequate education grants.
SPONSORS: Sen. Rausch, Dist 19; Sen. Stiles, Dist 24; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Sanborn, Dist 7; Sen. Bragdon, Dist 11; Sen. Luther, Dist 12; Sen. Gallus, Dist 1; Rep. Boehm, Hills 27; Rep. Bolster, Belk 5; Rep. Fleck, Carr 5; Rep. Chandler, Carr 1; Rep. Weyler, Rock 8
I. Determines the per pupil cost of the opportunity for an adequate education which includes aid distributed to schools based on the number of pupils eligible to receive special education, or eligible for a free or reduced-price lunch, or who are English language learners.
II. Provides fiscal capacity disparity aid, in addition to aid for the cost of the opportunity for an adequate education, based on a municipality’s equalized valuation, including utilities, per pupil and median family income.
III. Provides that for the biennium ending June 30, 2013, no municipality shall receive an adequate education grant in a fiscal year which is greater than the adequate education grant received in the 2011 fiscal year.
IV. Requires a municipality which is scheduled to receive an adequate education grant in a fiscal year which is less than the grant such municipality received in the 2011 fiscal year to receive an additional grant from the education trust fund in an amount equal to 100 percent of the amount of the decrease.
V. Provides that beginning July 1, 2013, a municipality’s total education grant shall not exceed 105.5 percent of the total education grant received in the preceding fiscal year.
VI. Provides additional funds for each third grade pupil who has tested at the proficient level or above in the reading component of the state assessment and who is not eligible to receive special education, English as a second language, or free or reduced-price meal program funds and authorizes a reduction of funds for each such pupil who does not test at the proficient level or above in the reading component of the state assessment.
VII. Repeals the statutory provisions requiring that excess education tax payments be remitted to the department of revenue administration thereby permitting municipalities to retain any excess education tax revenues.
VIII. Establishes a joint legislative oversight committee on accountability for an adequate education.
IX. Provides that the state shall pay the greater of $5,450 or the sum of $2,000 plus the amount calculated under RSA 198:40-a to chartered public school pupils.