DNHPE Update: 2/13/12 Status of pending legislation in the worst ever anti-public education Legislature, 2/13/12

posted Feb 13, 2012, 7:00 AM by Bill Duncan

Advocates' strategy for privatizing public education nation-wide is to propose so many bills in each state legislature that defenders of public education cannot keep up.  That is one reason we have over 20 bills here in New Hampshire.  In order to impact the bills that matter most to us, we need to spread ownership of the bills around among those who know each issue best  may already tracking be tracking a bill or would be best able to do it.

In this week's update, changes from last week and hearings coming up this week, will be in red.  Also, I have bolded the bill numbers of the bills that are a higher priority because they seem to be most harmful and also likely to get support.  

If you have more background or disagree, let me know.  If you can adopt a bill and keep me up to date on it via email, let me know.  These updates will go out each Monday. 

As bills die or are passed, I will take them off this update.


Legislative Agenda Update
FEBRUARY 13, 2012
Defending New Hampshire Public Education
Contact: Bill Duncan 603-682-4748

The Anti-Public Education Agenda for the 2012 Session of the New Hampshire Legislature

On the House floor on Wednesday 2/8/12: HB 1692 to abolish the University System office passed, see below, and HB 1413 and HB 1517 which opt NH out of No Child Left Behind, at a cost to New Hampshire Public Schools of $61 million per year, were laid on the table for further discussion. There will need to be serious consideration of whether and how to request a federal waiver of NCLB requirements.  The waiver itself is a substantial negotiation on which there has not been a consensus within the state up to this point. It will be important to determine quickly whether there is progress that can be made here.

The only vote last Wednesday was on HB 1692, de-funding the University System office, which passed 247-105 (see below).

Here the agenda of over 20 bills that comprise a tsunami of legislative damage to New Hampshire's highly rated public schools.

Reducing funding for public education

HB 1607 and SB 372, creating a school voucher program, are the keystone legislation of the session.  These companion bills would give a 90% tax credit to businesses that fund school vouchers and off-set that cost with funds taken back from the local school districts.  This is a large and complex program undergoing daily revision as the leadership pushes it through.  If passed, it would cost state government and the school districts tens of millions of dollars every year and move many thousands of children from public schools to private, religious and home schools.  

The Department of Revenue Administration staff testifying on Feb 2 to the House Ways and Means subcommittee on the voucher program said they could not begin to estimate DRA's cost for administering the program.  

Rep. Ober, the Vice-Chair of the House Finance Committee, said at the same Feb 2 subcommittee meeting that the bill would add cost at a time when leadership was committed to not spending money.  She went on to say that she was significantly concerned about what this bill would do the the local school districts.  Video here.

But there is great pressure to move the bill along, even it its unfinished state.  The next House Ways and Means Subcommittee meeting is at 10:00 AM on 2/13/12- this morning.  The continuation of the Senate Education Committee public hearing is at 1:00 PM, 2/14/12.  The House Ways and Means executive session is scheduled for the same time, this Tuesday at 1:00 PM.

HB 1413 and HB 1517 would both opt NH out of NCLB, at a cost of $61 million and would do great damage to New Hampshire public education.  Both of these bills have been passed Ought to Pass out of the House Education Committee.  On Wednesday, 2/8/12, these bills were laid on the table for further analysis.  The effort to reach a waiver agreement with the federal DOE would be pretty involved.  The waiver would surely lead to an increase federal role in teacher evaluation.  NHDOE would have to spend a good deal of time developing a plan that would gain federal approval and local buy-in.

HB 1473, adjusting the adequacy formula, further reduces fundamental state support for public education.  When the current legislature took over last year, the key figure driving state support for education, the adequacy cost, was $921,443,751.  The Legislature immediately cut $152 million in state aid to school districts each year.  If HB 1473 passes, adequacy cost will be reduced to $641,354,022, 30% less than when this Legislature arrived.  The Special Committee on Education Funding Reform held its public hearing on this bill on 1/6/12 and a work session on 2/3/12.  There are currently no further meetings scheduled.  On 2/8/12, the Special Committee on Education Funding Reform issued a Committee Report referring the bill for interim study, 14-0.  This is probably the end of it for this session, though it could be brought back.
CACR 8 makes state funding of public schools optional: "The several political subdivisions... shall make adequate provision at their own expense for their schools, provided that the Legislature may supplement that provision in the manner and degree that the Legislature finds most beneficial to the general good. "  The public hearing in the House Education Committee will be at 1:00 PM. 2/16/12.  The executive session will be at 10:00 AM, 2/21/12.

CACR 12 alters the state obligation to fund public education.  It passed the House in the last session 252-113.  The Senate Internal Affairs amended the bill and voted Ought to Pass on 2/1/12.  On 2/8/12, the Senate Internal Affairs Committee reported the bill out, OTP with amendment, 4-1. Both progressive advocacy groups and New Hampshire Families for Education, which advocates for home schooling and parents' rights, are strongly against CACR 12.

HB 1692 proposes to do away with the University System.  Voted out of House Education Committee, 2/2/12, Ought to Pass, 12-4.  Scheduled for House floor vote 2/8/12.  In the last session, the Legislature cut $50 million from the New Hampshire University System.  This House voted OTP, 247-105, mostly along party lines but with significant exceptions.  The roll call is here.

HB 1313 allowing school districts to offer higher education scholarships to high school pupils.  It's not clear to me what the point of this bill is.  The public hearing in the House Education Committee was on 2/7/12 and the executive session was on 2/9/12.  

Dismantling compulsory attendance

Having failed to  abolish compulsory attendance (HB 595), lower the high school dropout age (HB 429) or end kindergarten (HB 631) last year, the Legislature continues in 2012 to try to dismantle the compulsory attendance in other ways.

HB 1382  requires a warrant or permission of a parent to return a truant child to school and the parent's approval of an alternative learning plan for a child. This bill would go far to eliminate compulsory attendance. The public hearing in the House Education Committee was held on 2/2/12.  The executive session on 2/9/12 

HB1167 would repeal the 180 day school year.  The public hearing in the House Education Committee was on 1/26/12 and the executive session will be on 2/14/12 1:00 PM LOB 207.
HB 1162 would establish a committee to study the effects of compulsory attendance on children and families.  It was voted out of the Education Committee, Inexpedient to Legislate, 14-2 on 2/2.  This bill will be on the regular calendar for 2/15/12.

Exerting legislative control over the school curriculum

HB 1712 would mandate that every school district in New Hampshire offer an elective course on the Bible. The public hearing in the House Education Committee was 2/2/12.  The sole sponsor is Rep. Bergevin (R-Manchester), who did not seem to understand the bill or the materials he had submitted in support of it. This appears to be one of the many examples of legislation brought by political or religious groups hoping to take advantage of New Hampshire's citizen-legislature.  The executive session is scheduled for 2/21/12.

HB 1148 would require evolution to be taught as a theory in public schools.  The sponsor is Rep. Bergevin again. The public hearing before the House Education Committee is at 11:00 AM on 2/14/12.  The executive session is at 10:00 AM on 2/16/12 in LOB 207 .

HB 1516 requires a specific number of hours per day of English and mathematics instruction for pupils in kindergarten through grade 3.  The sole sponsor is chair of the House Education Committee.  The public hearing was on 1/31/12. The 2/2/12 executive session to vote on the bill was cancelled and Chairman Balboni instead named a subcommittee, which held a work session on 2/7/12.  This bill probably can't realistically be implemented and may not come out of the subcommittee in the same form.

The passage of HB 542, which enables a parent to object to the child's curriculum on any basis and negotiate with the school for an alternative, made the New Hampshire Legislature an object of derision nationally (see Live Free, Die Dumb: The War on Education in New Hampshire).  The follow-on bill, HB 1575  was ITL in the Education Committee, 16-1.  This bill is on the consent calendar for 2/15/12.

HB 1424 prohibits a school district from requiring that parents send their children to any school or school program or curriculum to which they are conscientiously opposed.  This is a one sentence bill: "No school district shall compel a parent to send his or her child to any school or program to which he or she may be conscientiously opposed nor shall a school district approve or disapprove a parent’s education program or curriculum."  This bill is essentially the same as the original version of HB 542 and was supported by the House Education Committee, 11-6, in that form last year. It then passed the House, 197-148, before being modified in the Senate to its final form.  The public hearing on HB 1424 before the House Education Committee was on 2/7/12.  

The executive session is 10:00 AM, 2/21/12

HB 1457 is another one sentence bill seeking to require a specific approach to teaching scientific inquiry: "Require science teachers to instruct pupils that proper scientific inquire results from not committing to any one theory or hypothesis, no matter how firmly it appears to be established, and that scientific and technological innovations based on new evidence can challenge accepted scientific theories or modes."  The public hearing in the House Education Committee was on 2/9/2012. 

The executive session is 2/16/12 at 10:00 AM in LOB 207.

HB 1403 would allow a parent to withdraw a child from a school that adopts the international baccalaureate program.  The public hearing in the House Education Committee was on1/26/12.  The executive session will be at 1:00PM on 2/14/12 in LOB 207.

HB 1461, requiring schools to notify parents of an outside speaker and allow parents to opt the child out, was voted out of the House Education Committee OTP with Amendment, 17-0.  The amendment made the bill essentially meaningless because it issue is already covered in statute and school districts have policies in place on this issue already.  It is on the consent calendar for 2/15/12.

SB 300, requiring a charter schools to make available a free and appropriate public education to children with disabilities.  The public hearing in the Senate Education Committee was 2/7/12.  An amendment is in process.  The executive session is unscheduled but may be 2/6/12. 

Dismantling the New Hampshire Department of Education

HB 219, passed by the House on 1/5/12, 214-110, and has not yet been taken up by the Senate.  It would prohibit the state Board of Education from passing any rule other than those needed to meet minimum federal standards without a vote of both houses of the legislature.  

HB 1713 abolishes the New Hampshire Department of Education,  The public hearing in the House Education Committee was on 2/2/12.  The executive session will be on at 10:00 AM on 2/21/12.  

HB 1571 removes the authority of the Department of Education to monitor achievement of home schooled students. The public hearing in the House Education Committee was on 1/25/12.  The bill was amended slightly and passed out of the House Education Committee with an OTP recommendation on 2/2/12. The bill is on the consent calendar for 2/15/12.  

HB 1360 allocates all Department of Education rule making authority to the House and Senate Education Committees.  The bill was amended in the House Education Committee and passed the House on 2/1/12, 238-88.  The Senate has taken no action.

HB 545, giving the home education advisory council final approval authority over home schooling rules.  The bill was amended and passed out of the Education Committee, OTP, 13-1, on 10/21/11.