The following was the legislative schedule for the week of March 7, 2016. It was one of the major “cross over” weeks, when the House and Senate finalized many bills that originated in their chambers. Any surviving bills are reassigned to the other chamber. There were several important bills this week; they are identified with asterisk marks. Results, if appropriate, are included with links to any roll call votes. An Inexpedient to Legislate (ITL) vote by either body, kills the bill. Several bills were postponed to the next full House session scheduled for March 23, 2016, so there is still time to contact your legislators. Contact information is at the end of this post.
WEDNESDAY, MARCH 9, 2016: HOUSE SESSION, Rep Hall at 10:00am
full NH House voted on the following bills
**HB 1120, relative to teacher qualifications at charter schools
committee recommendation — Inexpedient to Legislate, 13-4
position — OPPOSED, yea on ITL
final vote — Special Order to calendar of 3/23/16
information — Current statute requires charter schools to have a minimum of 50% of their teaching staff with teacher credentials. Note that NH private schools have no requirement at all. There is more to making a “good teacher” than his or her certifications. There is an art to being a great teacher and connecting with students. Many teachers at charter schools were certified but have not renewed their credentials. Does this change their skills, experiences, and knowledge that they bring to their students? Teacher credentials alone are not correlated with student performance. This bill is about employment and union protection, not the quality of education or serving students. For more information, read Teacher Quality and Student Achievement: Making the Most of Recent Research, March 2008 and Educational Leadership: Research Says…Good Teachers May Not Fit the Mold, December 2010-January 2011 by the Association for Supervision and Curriculum Development (ASCD).
HB 1121, relative to the academic areas that comprise the statewide assessment.
committee recommendation — Ought to Pass with Amendment, 16-1
final vote — OTP/A on a voice vote
HB 1137, relative to the adoption of school administrative unit budgets.
committee recommendation — Inexpedient to Legislate, 20-0
final vote — ITL on a voice vote
HB 1145, establishing a committee to study suspensions and expulsions in licensed preschools and in kindergarten through grade 3.
committee recommendation — Ought to Pass, 20-0
final vote — OTP on a voice vote
***HB 1192, repealing the education tax credit.
committee recommendation — Inexpedient to Legislate, 11-8
position — OPPOSE, yea on ITL
final vote — ITL on a roll call vote (a yea vote means they supported killing the bill)
information — They’re at it again…for the third attempt. Once again there is a contingent who think private donations belong to the state. Just as donations to other private organizations like the Red Cross or St. Jude’s Children’s Research Hospital are charitable donations, so are those made to the Children’s Scholarship Fund New Hampshire (formerly the Network for Educational Opportunity). It is just as absurd to argue that someone’s income belongs to the state before he/she pays taxes. This young scholarship program has helped 243 children and awarded $300,000 of scholarships in its first three years of operation. It helps needy New Hampshire families afford tuition at out-of-district public and private schools, and covers many homeschooling expenses. Wealthy families already have choice; this program puts those educational options — funded with private donations — within reach for underprivileged NH children. For more information, read What Do They Have Against Needy Students? based on the 2015 repeal attempt.
HB 1201, relative to withdrawal from a cooperative school district.
committee recommendation — Inexpedient to Legislate, 20-0
position — SUPPORT
final vote — ITL on a voice vote
information — This bill would make it easier for a town to withdraw from a cooperative district by requiring a vote of the town seeking withdrawal, not the entire district. This change will make it so towns do not have to be subjected to districting arrangements that do not serve their needs and which they no longer want. It increases accountability to local voters and choice among school districts for prospective residents. (source: NH Liberty Alliance) Note the House Education Committee decided to kill this bill and HB 1364, merging them into HB 1303 with an amendment, changing it to a commission to study these issues. The combined bill, HB 1303, was passed on a voice vote.
HB 1205, including libraries that provide children’s programming in the definition of drug-free school zone.
committee recommendation — Inexpedient to Legislate, 18-0
final vote — ITL on a voice vote
HB 1225, permitting high school students who are members of the armed forces to wear their uniforms at graduation.
committee recommendation — Ought to Pass with Amendment, 19-0
final vote — OTP/A on a voice vote
HB 1229, prohibiting the inclusion of statewide assessment results in a student’s transcript without consent.
committee recommendation — Ought to Pass, 10-8
position — SUPPORT, yea on OTP
final vote — Special Order to calendar of 3/23/16
information — This is a reasonable privacy protection for students. The statewide assessment is not designed as a measurement for individual performance. It was originally created for school district comparisons as well as school and teacher accountability. This bill prevents assessments from being used for a purpose for which they were not intended.
**HB 1231, relative to school district policy regarding objectionable course material.
committee recommendation — Ought to Pass with Amendment, 13-6
position — SUPPORT, yea on OTP/A
final vote — Special Order to calendar 3/23/16
information — The bill as introduced is the same as HB 332 from last year that passed both the House and Senate, but was vetoed by the governor. It seeks to address a gap in RSA 186:11 IX-c by requiring parents be given two weeks advanced notice and access to classroom materials for subjects pertaining to human sexuality. While this statute can be used for any subject, it does not address the loop hole that parents must first be aware of what material is being used and when. The bill would allow parents to make informed decisions regarding their children’s education. At the public hearing, the prime sponsor introduced a friendly amendment to address the concerns brought up with SB 369 recently with respect to drug and alcohol awareness instruction. For more information, read Parents’ Rights Vetoed by Governor Hassan about the 2015 bill.
*HB 1232, relative to visits to schools by non-academic government or private organizations.
committee recommendation — Ought to Pass with Amendment, 13-5
position — SUPPORT, yea on OTP/A
final vote — OTP/A on a voice vote
information — This bill protects student privacy from non-educational state agencies and private companies who may enter classrooms. This bill would require districts to create a policy informing parents with at least 10 days advance notice and the purpose of the visit. It also provides an opt-out for parents who don’t wish their children to be part of the visit. This supports parental rights and improves privacy protections.
HB 1239, relative to certain terminology in the education statutes.
committee recommendation — Ought to Pass with Amendment, 19-0
final vote — OTP/A on a voice vote
HB 1240, relative to alternatives to the statewide assessment.
committee recommendation — Inexpedient to Legislate, 17-0
final vote — ITL on a voice vote
HB 1274, establishing a committee to study the efficacy of changes in the community college system of New Hampshire.
committee recommendation — Inexpedient to Legislate, 12-9
final vote — Special Order to calendar 3/23/16
HB 1283, relative to school notification of a change in placement.
committee recommendation — Ought to Pass, 18-0
final vote — OTP on a voice vote
HB 1300, relative to the content of patriotic exercises in public schools.
committee recommendation — Ought to Pass with Amendment
final vote — Special Order to 3/23/16
HB 1301, relative to the issuance of youth employment certificates.
committee recommendation — Ought to Pass with Amendment, 11-8
position — SUPPORT, yea on OTP/A
final vote — OTP/A on a roll call vote (yea indicates support of the prevailing amendment)
information — The current statute, RSA 276-A:5, presents an unfair burden for private school and home educated students who seek employment certificates as it requires authorization by a school principal who is not involved in his/her education. This bill puts the authority in the hands of parents, as they know how their children are performing academically and what strain, if any, employment would put on their school work. Some may argue that the statute provides some kind of safety net if the child is employed in a dangerous job. The assumption is unreasonable. That duty goes far beyond the scope of any superintendent’s responsibilities and is not the function of the authorization in this statute. The role is to oversee any impact the job has on the student’s academic performance; one that a parent may fulfill. Federal and state safety requirements are well established and are intended to protect all workers with consequences to employers who put their employees in jeopardy. That is not changed by this bill and these concerns go far beyond the scope of this legislation. Apparently many superintendents find it awkward to be authorizers for students they do not know, so why not put the responsibility in the hands of the adults closest to them, their parents. Note that this bill was combined with HB 1476, another bill relative to youth employment. Both sponsors worked together to author the prevailing amendment. The amendment allows parents to provide notarized certificates for their children. Parents must provide 48 hours notice to employers and the Department of Labor when certificates are revoked.
HB 1303, relative to withdrawal from a cooperative school district.
committee recommendation — Ought to Pass with Amendment, 20-0
final vote — See notes for HB 1201.
HB 1323, relative to nonrenewal of a teacher’s contract.
committee recommendation — Inexpedient to Legislate, 19-0
final vote — ITL on a voice vote
***HB 1338, relative to student exemption from the statewide assessment.
committee recommendation — Ought to Pass, 10-9
position — SUPPORT, yea on OTP
final vote — Special Order to calendar 3/23/16
information — This bill is in response to increasing demand from parents to refuse their child’s participation in mandatory testing, including the statewide assessments that are aligned with College and Career Readiness Standards (aka Common Core). This bill acknowledges parents’ rights to direct their children’s education. If the student does not participate in the assessment, this bill requires schools to provide an alternative educational activity which can be as simple as study hall or free reading time. This bill also protects the schools from any penalty from non-participation. We already have seen scores adjusted for students who did not take the 2015 Smarter Balanced Assessment to indicate schools’ scores are not diminished by lower participation. Nothing in this bill changes the requirement for schools to administer the exam and make it available to all students for compliance with federal waiver conditions. The committee was supplied with examples of rewards and punishments that occurred in NH school districts.
HB 1364, relative to the membership of the cooperative school district budget committee.
committee recommendation — Inexpedient to Legislate, 20-0
final vote — See notes for HB 1201.
HB 1365, requiring public schools to observe New Hampshire constitution day.
committee recommendation — Inexpedient to Legislate, 17-2
final vote — Special Order to 3/23/16
HB 1366, relative to the definition of educational competencies.
committee recommendation — Inexpedient to Legislate, 18-1
final vote — ITL on a voice vote
***HB 1371, establishing a committee to study education savings accounts for families of special needs students.
committee recommendation — Ought to Pass, 12-8
position — SUPPORT, yea on OTP
final vote — Special Order to 3/23/16
information — There are five states that offer Education Savings Account programs — Arizona (2011), Florida (2014), Mississippi, Tennessee and Nevada (new in 2015). The two more established programs have been immensely successful. These programs can especially benefit low-income families who face the greatest challenges financing their children’s educational needs. The AZ program is funded via a state voucher, and the FL program is funded through a tax-credit program, so they provide good sources of information. These programs, even the one in AZ, has passed constitutional challenges. For more information on ESAs, read Education Savings Accounts: Giving Parents a Choice by Foundation for Excellence in Education; How to Fund Education Savings Accounts with Tax Credits by Education Next, January 20, 2016; and As Population of Low-Income and Special-Needs Students Grows, So Do School-Choice Innovations, January 30, 2016. At the executive hearing it was noted that there is an error in the bill. The final report by the study committee would be due on September 1, 2017, and that is beyond the current biennium term, therefore it is not allowed. The committee reconsidered the bill and a floor amendment may be introduced to change the bill to an interim study.
HB 1372, permitting a child with a disability to use audio or video recording devices in the classroom.
committee recommendation — Ought to Pass with Amendment, 20-0
position — SUPPORT, yea on OTP/A
final vote — OTP/A on a voice vote
information — This supports students who have IEPs requiring adaptive technology.
HB 1379, amending the requirement to use English in schools.
committee recommendation — Inexpedient to Legislate, 19-1
final vote — ITL on a voice vote
HB 1393, requiring the department of education to report statewide assessment results for school districts receiving certain state aid.
committee recommendation — Inexpedient to Legislate, 11-10
final vote — Special Order to calendar of 3/23/16
HB 1408-FN, relative to a school building inventory.
committee recommendation — Ought to Pass, 19-1
final vote — OTP on a voice vote
HB 1411, making civics mandatory in public schools.
committee recommendation — Inexpedient to Legislate, 19-1
position — OPPOSE, yea on ITL
final vote — ITL on a voice vote
information — This is another well-meaning, but redundant bill. NH already requires a 1/2 credit of US and NH history and civics for high school graduation (Ed 306, the Minimum Standards for Public School Approval). It is also unlikely this bill would achieve the sponsors’ goals. Textbooks already have a bias that teach the Constitution is a “living document” and contain many critical omissions and factual inaccuracies and these resources would be the ones used in a civics unit. Similarly the redesigned AP US History course has received wide-spread criticism. If parents want their children to have a different exposure to history and civics, then they can use RSA 186:11, IX-c (in many school districts as Policy IGE) that allow parents to opt out of controversial materials in the classroom at their own expense. There are several excellent and inexpensive or free resources available, including iCivics developed by Justice Sandra Day O’Connor.
*HB 1414, repealing the home education advisory council.
committee recommendation — Inexpedient to Legislate, 19-1
position — SUPPORT with amendment, nay on ITL
final vote — Special Ordered to calendar of 3/23/16
information — Although the original purpose and function of HEAC was needed in 1990 when homeschooling was first recognized in NH, their utility has greatly diminished as home education laws have changed and support structure has developed. Unfortunately, HEAC has poor transparency and accountability to the community they are supposed to represent. In fact, the public is not allowed to speak at their meetings unless given special permission to do so. There are also concerns that HEAC no longer represents the broad and diverse homeschool community of today. Fortunately there are significant resources available to homeschoolers that are able to help when difficulties and misunderstandings arise before they get to a high-level problem. A friendly amendment was introduced that will eliminate the Board of Education’s rule-making authority. For detailed information, including the history and background of other recent deregulation efforts, read The Past and Future of NH Homeschooling and HB 1414 Testimony.
HB 1431, relative to academic freedom and whistleblower protection.
committee recommendation — Inexpedient to Legislate, 18-2
final vote — ITL on a voice vote
***HB 1456, relative to chartered public school boards.
committee recommendation — Inexpedient to Legislate, 17-0
position — OPPOSE, yea on ITL
final vote — ITL on a voice vote
information — This is another outrageous bill against charter schools. This bill would allow the Governor, with the approval of the Executive Council, to appoint members to the board of trustees of all NH chartered public schools. Not only is this hyper-politicizing public schools, it is a way for the executive branch to remove parents and taxpayers from the governance of their children’s schools. It would be no more appropriate for the Governor to appoint members to the boards of local K-12 public schools.
HB 1457, establishing a code of professional ethics for New Hampshire teachers.
committee recommendation — Refer to Interim Study, 19-1
position — OPPOSED, nay on Refer to Interim Study
final vote — Refer to Interim Study on a voice vote
information — This is another bill that stems from HB 206 (2015)‘s study committee. They noted that NH is among only a handful of states that does not have an ethics code for teachers. However, this is not the proper role of the state. Local school boards can develop ethics policies and be responsible for the supervision and enforcement of those standards. There is no evidence to support that personnel matters are not being successfully handled at the local level to justify the anticipated expansion of the Professional Standards Board. While the stated standards are well-intended, they are vague and may be outside the teacher’s control.
HB 1458, relative to social media policies for educational institutions.
committee recommendation — Inexpedient to Legislate, 18-0
final vote — ITL on a voice vote
HB 1484, relative to the election of members of the state board of education.
committee recommendation — Inexpedient to Legislate, 13-6
final vote — Special Order to calendar 3/23/16
HB 1497, relative to the limits on disclosure of information used on college entrance exams.
committee recommendation — Ought to Pass, 19-0
position — SUPPORT, yea on OTP
final vote — Special Order to calendar 3/23/16
information — This is a positive privacy policy. It would have testing agencies destroy personal information once the assessment is completed, verified, and transmitted to the district or school so it cannot be used for additional test-data analysis. The common college admission tests, the SAT and ACT, are exempt from this legislation.
HB 1558-FN, requiring the university system of New Hampshire to examine the disposition of children in state custody.
committee recommendation — Inexpedient to Legislate, 20-0
final vote — ITL on a voice vote
HB 1612-FN, relative to the age for purposes of compulsory education.
committee recommendation — Inexpedient to Legislate, 16-4
position — SUPPORT, nay on ITL
final vote — ITL on a voice vote
information — Students should be able to move on to other productive pursuits — the military, technical or trade schools, or entrepreneurial businesses — if they are not inclined to continue their formal education through graduation. Forcing teens to stay in school against their will increases disciplinary problems and safety concerns for other students. There is no empirical evidence that a higher compulsory attendance age improves graduation rates, or reduce the need for (and spending on) social programs, public safety, correctional services, and other state programs and functions. A higher compulsory age requirement alone does not address the multi-faceted problem that leads to high school drop outs. Opponents will argue that NH’s drop-out rate will skyrocket. That is unlikely as the educational support programs, which make the biggest impact, would remain in place if HB 1612 is passed. This bill restores parental rights to direct their older children’s education and gives more choices to individuals. For additional information, read Does Raising the State Compulsory School Attendance Age Achieve the Intended Outcomes? by the US Department of Education, December 2013; and a NPR story on January 27, 2012 with NH DOE Deputy Commissioner Paul Leather and Russell Rumberger.
***HB 1637-FN, relative to school attendance in towns with no public schools.
committee recommendation — Ought to Pass with Amendment, 12-9
position — SUPPORT, yea on OTP/A
final vote — Special Order to calendar of 2/23/16
information — This bill clarifies in statute that small towns without their own public schools may offer alternative arrangements for their students, regardless of grade level. These agreements could be made with area public and private schools. This is consistent with RSA 194:22 and RSA 193:1. It is also in line with other NH districts creating tuition agreements with private schools, even some located out of state. For additional information, read HB 1637 — School Choice for Small Towns and Guarantee of an Adequate Education. For more information regarding Croydon’s program, read NH DOE Fails to Get Injunction Against Croydon and Response to the NH DOE and Attorney General.
THURSDAY, MARCH 10, 2016: SENATE SESSION, Senate Chamber at 10:00am
full NH Senate voted on the following bills
SB 326, relative to the membership of the community college system of New Hampshire board of trustees.
committee recommendation — Ought to Pass with Amendment, 4-1
final vote — OTP/A on a voice vote
SB 470, relative to eligibility of school district employees for Family and Medical Leave Act coverage. committee recommendation — Inexpedient to Legislate, 2-2
final vote — Special Order to 3/17/16
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.
committee recommendation — Ought to Pass, 4-0
position — SUPPORT, yea on OTP
final vote — OTP on a voice vote
information — This retained bill from 2015 was diluted to create a study committee, but is an important step for identifying the type of student information kept in the state’s education database, how it is used, and who has access to it for what purposes.
HB 471, relative to the duties of school boards.
committee recommendation — Inexpedient to Legislate, 3-2
final vote — ITL on a voice vote
HB 527, requiring school districts employing school resource officers to adopt a written agreement.
committee recommendation — Ought to Pass with Amendment, 4-0
final vote — OTP/A on a voice vote
*HB 536, relative to payment for special education services for chartered public school students and relative to federal funds for chartered public schools.
committee recommendation — Ought to Pass, 4-0
position — SUPPORT, yea on OTP
final vote — OTP on a voice vote
information — This is a good bill that will direct special education funding directly to the school that provides the services to those students. It is another bill retained from 2015.
HB 1272-FN, relative to bus transportation for chartered public school students.
committee recommendation — Ought to Pass with Amendment, 4-0
position — SUPPORT, yea on OTP/A
final vote — OTP/A on a voice vote. Because the House and Senate passed different versions of the bill, they will need to be reconciled in a Committee of Conference before proceeding to the Governor.
information — Charter schools are part of New Hampshire’s traditional public school system, and yet the parents are ultimately required to provide the funding for busing costs, unlike those utilizing their local schools. This levels the playing field for all students and families in our public schools.
HB 1604-FN-A-L, relative to instructional methods to enable students to acquire and apply requisite knowledge and skills.
committee recommendation — Inexpedient to Legislate, 5-0
position — OPPOSED, yea on ITL
final vote — ITL on a voice vote
information — This bill was completely rewritten in the executive session and bears no resemblance to the original bill. The amendment is located within the part of statute involving the Statewide Education Improvement and Assessment Program. It is prescriptive of “instructional methods” and curriculum at the state level, in violation of RSA 193-E:2-a,V, against local control. It also puts statewide competencies and the experimental and integrated PACE assessments into statute which the Board of Education needs authorized because the waiver expires August 1, 2016. The Fiscal Note indicates that this bill would increase statewide expenditures by $10.8M by year 2018. Although the bill was referred to the House Finance Committee, they waived it per House Rules and sent it directly to the Senate. They are clearly expediting this bill; that should be a red flag.
CONTACT LEGISLATORS
To find your Representatives, go to “Who’s My Legislator?” Brief and polite phone calls and emails are effective, especially if you mention you are a constituent. Mass emails are far less effective, but the email for all Reps is hreps@leg.state.nh.us.
To find your NH senator, and his or her contact information, refer to the senate’s roster page, or you can email all of them at senators@leg.state.nh.us.
Jeff Woodburn — District 1, Dalton
Jeff.Woodburn@leg.state.nh.us
(603)271-3207
Jeanie Forrester — District 2, Meredith
jeanie.forrester@leg.state.nh.us
(603)271-4980
Jeb Bradley — District 3, Wolfeboro
jeb.bradley@leg.state.nh.us
(603)271-2106
David Watters — District 4, Dover
david.watters@leg.state.nh.us
(603)271-8631
David Pierce — District 5, Lebanon
david.pierce@leg.state.nh.us
(603)271-3067
Sam Cataldo — District 6, Farmington
sam.cataldo@leg.state.nh.us
(603)271-4063
Andrew Hosmer — District 7, Laconia
andrew.hosmer@leg.state.nh.us
(603)271-8631
Gerald Little — District 8, Weare
Jerry.Little@leg.state.nh.us
(603)271-4151
Andy Sanborn — District 9, Bedford
andy.sanborn@leg.state.nh.us
(603)271-2609
Molly Kelly — District 10, Keene
molly.kelly@leg.state.nh.us
(603)271-3207
Gary Daniels — District 11, Milford
Gary.Daniels@leg.state.nh.us
(603)271-2609
Kevin Avard — District 12, Nashua
Kevin.Avard@leg.state.nh.us
(603)271-4151
Bette Lasky — District 13, Nashua
bette.lasky@leg.state.nh.us
(603)271-3091
Sharon Carson — District 14, Londonderry
sharon.carson@leg.state.nh.us
(603)271-1403
Dan Feltes — District 15, Concord
Dan.Feltes@leg.state.nh.us
(603)271-3067
David Boutin — District 16, Hooksett/Manchester
dboutin1465@comcast.net
(603)271-3092
John Reagan — District 17, Deerfield
john.reagan111@gmail.com
(603)271-4063
Donna Soucy — District 18, Manchester
donna.soucy@leg.state.nh.us
(603)271-3207
Regina Birdsell — District 19, Hampstead/Windham/Derry
Regina.Birdsell@leg.state.nh.us
(603)271-4151
Lou D’Allesandro — District 20, Manchester
dalas@leg.state.nh.us
(603)271-2117
Martha Fuller Clark — District 21, Portsmouth
martha.fullerclark@leg.state.nh.us
(603)271-3076
Chuck Morse — District 22, Salem
chuck.morse@leg.state.nh.us
(603)271-8472
Russell Prescott — District 23, Kingston
represcott@represcott.com
(603)271-3074
Nancy Stiles — District 24, Hampton
nancy.stiles@leg.state.nh.us
(603)271-3093
