NOTICE

There will be a Democratic Caucus on Wednesday, February 18 at 9:00 a.m.  in Representatives Hall.

Rep. Mary Jane Wallner, Majority Leader

NOTICE

There will be a Republican Caucus on Tuesday, February 17 at 3:30 p.m. in Representatives Hall and on Wednesday, February 18 at 8:45 a.m. in Rooms 305-307, LOB.

Rep. Sherman A. Packard, Republican Leader

COMMITTEE MEETINGS

TUESDAY, FEBRUARY 17

EDUCATION, Room 207, LOB

 9:00 a.m.            Subcommittee work session on HB 143, relative to procedures for requesting a change of school for a child.

10:00 a.m.             HB 615, relative to withdrawal from a school administrative unit.

11:00 a.m.             HCR 7, in support of teen dating violence education.

Many committees do have their March 3 schedule in this calendar, but Education does not.

WEDNESDAY, FEBRUARY 18

CONSENT CALENDAR

EDUCATION

HB 225, relative to room and board scholarships for children of firefighters and police officers.  OUGHT TO PASS.

Rep. Nancy F Stiles for Education:  The language in this bill was a coordinated effort of the state treasurer and representatives of the firefighters association, UNH and the post secondary commission.  This bill assists current statute by setting up the vehicle for receiving and disbursing money received by the state treasurer for room and board expenses for children of firefighters and police officers who died in the line of duty.  There had been no mechanism for disbursement in the current statute.  Vote 18-0.

HB 441-FN, relative to CART providers and sign language interpreters.  OUGHT TO PASS WITH AMENDMENT.

Rep. Claire D Clarke for Education: This bill appropriates $1 to the postsecondary education commission from the general fund to establish a CART  provider and sign language interpreter net tuition repayment fund.  This bill is necessary to provide the deaf and hard of hearing individuals in New Hampshire with access to services of CART (computer aided realtime translation) providers and/or competent sign language interpreters at all levels of our government.  This includes hospitals, courts and schools.  According to statistics, we presently have only 80 translators in New Hampshire. For translators who agree to work in New Hampshire for five years, this bill includes procedures for repayment of tuition costs from private sources, and participation in a mentoring program.  The General Court shall receive an annual report by the commissioner of post secondary education on the effectiveness of the program.   Vote 20-0.

HB 547-FN-L, relative to distributions of adequate education aid.  INEXPEDIENT TO LEGISLATE.

Rep. Barbara E Shaw for Education:  This bill proposes a permanent hold harmless provision for state education aid but makes no allowance for decreasing enrollments and would perpetuate an unconstitutional method of apportioning funds.    Vote 18-2.

HB 688, relative to the chartered public school approval process and relative to open enrollment schools.  OUGHT TO PASS WITH AMENDMENT.

Rep. Nancy F Stiles for Education:  This bill separates the statute to bring clarity to the two processes of establishing an open enrollment school and that of a school district charter school.  It streamlines the process and leaves the final decision in the hands of the district voters.  The amendment requires that a public hearing be held as part of the process.    Vote 17-3.

WEDNESDAY, FEBRUARY 18

REGULAR CALENDAR

EDUCATION

CACR 2, relating to funding of public education.  Providing that the legislature shall define standards for education, determine the level of state funding thereof, establish standards of accountability, and allocate state funds in a manner that mitigates disparities in educational opportunity and fiscal capacity, provided that a reasonable share of state funds shall be distributed on a per pupil basis.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS.

Rep. Kimberly C Shaw for the Majority of  Education:  The majority of the committee believes that this CACR is unnecessary and unwarranted.  Similar amendments have been defeated by the legislature over the last several years.  This CACR would lower the standard of judicial review from “strict scrutiny” where the burden is on the legislature to prove that a funding solution is constitutional to a “reasonable” standard where the burden shifts to the plaintiff to show why a funding solution is not reasonable.  The majority further believes that tampering with the Constitution is not the way to solve a financial crisis or reverse a judicial decision with which some might disagree.  The court has ruled that the legislature must meet its constitutional responsibility but has not mandated how this is done.  Vote 11-9.      

Rep. Pamela G Price for the Minority of  Education:  This constitutional amendment clarifies and reestablishes the role of the legislature in the funding of public education.  It clarifies that the legislature shall define standards and determine the level of state funding for education.  It allows education dollars to be targeted as long as a reasonable share is allotted on a per pupil basis.  The court will still retain oversight should the legislature act unreasonably.  This is exactly the same language which was supported by the governor last year.  The minority believes that after years of court intervention the public deserves to weigh in on this important issue.       

CACR 3, relating to public schools. Providing that:  it shall be the duty of the legislature to encourage the interest of literature and the sciences and all seminaries and public schools.  INEXPEDIENT TO LEGISLATE.

Rep. Judith T Reever for Education: This resolution would change the word “cherish” in article 83 of the second part of the Constitution, to the word “encourage.”  “Cherish” is the word the court used to define the state’s responsibility to fully fund an adequate education.  The majority of the committee felt without “cherish” the state’s support for educational adequacy would be at risk.    Vote 12-5.

CACR 8, relating to public education.  Providing that the recognition of local control of education in the New Hampshire constitution is reestablished.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS

Rep. Judith E Day for the Majority of Education:  This bill changes the term “high principles” that is currently in Part I, Article 6 of the state constitution to “the fundamental principles of the constitution.”  It also expands local control by allowing schools to establish their own curriculam.  The majority of the committee felt that the term “high principles” should remain such and that local control should not be expanded in this way as current practice maintains an appropriate balance between local decision-making and state standards.  Vote 11-7.

Rep. Paul Ingbretson for the Minority of  Education:   When voters amended the Constitution in 1968 we inadvertently removed our legislative authority over education.  This bill puts that authority back in.  At that time we also replaced the word “evangelical” with “high” to describe the principles we want to enable.  “Evangelical Principles” was a phrase meaning “bottom-up” referring to our form of government (which is the same as that of the evangelical church’s) and should be put back in with the phrase, “fundamental principles of the constitution.”       

HB 140-FN, making charter schools eligible for grants for leased space.  OUGHT TO PASS WITH AMENDMENT.

Rep. Brien L Ward for Education:  This bill will allow chartered public schools to receive 30 percent of the reimbursement for annual lease payment incurred for the cost of leasing space.    Vote 13-7.

HB 521-FN, relative to funding for students eligible for the free and reduced-price meal program.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS.

Rep. Judith T Reever for the Majority of  Education:  This bill removes $127 million, almost 14%, from the overall cost of an adequate education and $32 million from the transition budget.  The effective date of July 1, 2009 would severely affect next year’s school budgets.  The bill eliminates money targeted to schools with the greatest educational needs, based on school concentrations of low income students.  Current law allots adequacy money according to numbers of students, but it is not sent to students.  Rather it is directed to schools for programs known to improve achievement.  Numerous studies confirm that the achievement of all students in a school correlates with the poverty level of its students (US Department of Education, National Education Longitudinal Study, National Center for Education Statistics).  The majority believes we should not undo the work of the costing commission, the 2008 vote of the Legislature, and the NH Supreme Court’s acknowledgement that we have met our constitutional responsibility to cost adequacy. Vote 10-6.      

Rep. Nancy F Stiles for the Minority of  Education:  The policy behind this bill was to bring consistency to differentiated aid so that the money appropriated for students eligible for free and reduced price meals would replicate the same eligibility requirement as ELL and SPED, the other two categories of differentiated aid.  Since 1999 education funding formulas have sent additional aid to eligible free and reduced price meal students.  This practice has been based on multiple studies including the Management Analysis and Planning report contracted and designed specifically for the NH legislature in 2000.  The research speaks to providing additional aid for eligible students.  New in 2008 (current law) established cliffs of aid based on concentration of free and reduced price meal eligibility for a total $180m for the 2006-07 base year calculation.  $53.5m accounts for students who meet the eligibility requirement (36,400 students) while the remaining $126.5m is directed to schools for all students (94,144 students not meeting the eligibility) just because they are sitting in the same classroom.   This is misdirected targeted aid, which could otherwise be much more appropriately spent.

HB 689-FN-A-L, directing aid to isolated small schools.  MAJORITY:  OUGHT TO PASS WITH AMENDMENT.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Scott A Merrick for the Majority of  Education:  The joint commission on fiscal capacity disparity aid, transition aid, and small schools recognized that schools that are isolated and therefore small by necessity face diseconomies of scale that require extra resources.  This bill defines a small, isolated school and gives an additional 13 percent of a basic adequacy grant, or $450 per student.  Eight schools fit the size and distance parameters:  a K-6 school under 80 students or a K-8 under 140 students and greater than 10 miles from the nearest K-6 or K-8 school or a high school under 240 students and greater than 20 miles from the nearest high school.  There is no fiscal impact as the minimal costs are subtracted from the amount budgeted for fiscal capacity grants:  fifteen dollars from the $2,000 grants and nine dollars from the $1,250 grants.  Both small, isolated schools and schools qualifying for fiscal capacity aid constitute our neediest schools.   Vote 18-2.      

Rep. Pamela G Price for the Minority of  Education:  This bill proposes to allocate an additional $450 to each student in an isolated small school.  An isolated small school is defined by population, geographics and demographics.  Eight schools in northern New Hampshire qualify as isolated small schools. The fiscal impact of $350-$400,000 will be paid for by reducing the per pupil dollars given to the needy communities under “Fiscal Disparity Aid.”  The minority does not object to the concept but to the funding mechanism.  Dollars are taken from the most needy and given to this small population. 

HOUSE DEADLINES

MEMBERS’ NOTICES

The Legislative Caucus for Young Children, in collaboration with the New Hampshire Child Advocacy Network (NH CAN), a program of the Children's Alliance of New Hampshire, cordially invites all legislators to a press release of the 2009 Priorities for New Hampshire’s Children on Tuesday, February 17 at 10:00 a.m. in Room  206 at the Legislative Office Building.  Media has also been invited.  Each year, a consensus of nearly 100 NH CAN partner organizations and advisors develop a collective set of priorities which recommend legislative and governmental action to ensure that our children, families, communities and state have every opportunity to thrive.

Rep. Mary Stuart Gile

The New Hampshire Department of Health and Human Services Legislative Orientation has been rescheduled for Thursday March 12th at St. Paul’s Church from 11:30 a.m. to 1:00 p.m.  Come to learn more about the Department and its many programs and services that benefit the citizens of New Hampshire.  Lunch will be provided, prepared by the New Hampshire Hospital Food and Nutritional Services, but donations will be gladly accepted to the hospital’s Resident Benefit Fund.  Please RSVP to John Williams, DHHS Legislative Coordinator, at jwilliam@dhhs.state.nh.us or 271-0552.

Rep. Cindy Rosenwald