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NH House of Representatives
Strafford County u District 7 u Durham, Lee, Madbury
Representative Phil Ginsburg Representative Tim Horrigan Representative Naida Kaen
Representative Jenna Roberts Representative Judith Spang Representative Janet Wall
From: Strafford-7 Delegation
Date: January 4, 2012
Re: 2011 Legislation related to Education
Below you will find legislation from 2011 that you should review as these laws directly impact the delivery of public education. The first section simply lists the title and you will find the complete text following that section. Please note that these bills were not necessarily supported by your Representatives. To get more information you can go to the NH General Court website: http://www.gencourt.state.nh.us/
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TITLES:
Chaptered Law: 0003
SB1-- Title: eliminating the automatic continuation requirement for public employee collective bargaining agreements.
Chaptered Law: 0001
HB77-- Title: relative to amendments to warrant articles.
Chaptered Law: 0042
HB112-- Title: relative to the required number of instructional days and instructional hours in a school district's calendar.
Chaptered Law: 0044
HB172--Title: relative to transporting school children to school and school-supported activities.
Chaptered Law: 0178
SB37-- Title: relative to the determination of residency for certain pupils.
Governor veto overturned today—this will become law
HB542-- Title: relative to exceptions for objectionable material in public school courses.
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TEXT:
CHAPTER 3
SB 1-FN-LOCAL – FINAL VERSION
2011 SESSION
11-0515
06/01
SENATE BILL 1-FN-LOCAL
AN ACT eliminating the automatic continuation requirement for public employee collective bargaining agreements.
SPONSORS: Sen. Odell, Dist 8; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forrester, Dist 2; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. Morse, Dist 22; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Sen. White, Dist 9
COMMITTEE: Public and Municipal Affairs
ANALYSIS
This bill eliminates the requirement that the terms of a collective bargaining agreement automatically continue if an impasse is not resolved at the time of the expiration of such agreement.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0515
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT eliminating the automatic continuation requirement for public employee collective bargaining agreements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
3:1 Repeal. RSA 273-A:12, VII, relative to collective bargaining agreements, is repealed.
3:2 Effective Date. This act shall take effect upon its passage.
Approved: Enacted in accordance with Article 44, Part II, of N.H. Constitution, without signature of the Governor, March 1, 2011.
Effective Date: March 1, 2011
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CHAPTER 1
HB 77 – FINAL VERSION
26JAN2011… 0021h
2011 SESSION
11-0181
06/03
HOUSE BILL 77
AN ACT relative to amendments to warrant articles.
SPONSORS: Rep. Hoelzel, Rock 2; Rep. Comerford, Rock 9; Rep. Chandler, Carr 1; Rep. Jasper, Hills 27; Rep. Duarte, Rock 1; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16
COMMITTEE: Municipal and County Government
ANALYSIS
This bill requires a town that has adopted official ballot voting to retain the substance of the subject matter of a warrant article when it is amended.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26JAN2011… 0021h
11-0181
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to amendments to warrant articles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1:1 New Subparagraph; Use of Official Ballot. Amend RSA 40:13, IV by inserting after subparagraph (b) the following new subparagraph:
(c) No warrant article shall be amended to eliminate the subject matter of the article. An amendment that changes the dollar amount of an appropriation in a warrant article shall not be deemed to violate this subparagraph.
1:2 Effective Date. This act shall take effect upon its passage.
Approved: February 4, 2011
Effective Date: February 4, 2011
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CHAPTER 42
HB 112 – FINAL VERSION
2011 SESSION
11-0343
04/01
HOUSE BILL 112
AN ACT relative to the required number of instructional days and instructional hours in a school district’s calendar.
SPONSORS: Rep. Knox, Carr 4; Rep. B. Patten, Carr 4; Rep. Ahlgren, Carr 4; Rep. S. Schmidt, Carr 4; Rep. St. Cyr, Belk 5; Sen. Bradley, Dist 3
COMMITTEE: Education
ANALYSIS
This bill provides that the number of days in the school year may be defined by the department of education in rules which specify an equivalent number of hours.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0343
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the required number of instructional days and instructional hours in a school district’s calendar.
Be it Enacted by the Senate and House of Representatives in General Court convened:
42:1 School Boards, Transportation, and Instruction of Pupils; Days of School. Amend RSA 189:1 to read as follows:
189:1 Days of School. The school board of every district shall provide standard schools for at least 180 days in each year, or the equivalent number of hours [if approved by the commissioner of] as required in the rules of the department of education, at such places in the district as will best serve the interests of education and give to all the pupils within the district as nearly equal advantages as are practicable.
42:2 School Boards, Transportation, and Instruction of Pupils; Standard School. Amend RSA 189:24 to read as follows:
189:24 Standard School. A standard school is one approved by the state board of education, and maintained for at least 180 days in each year, or the equivalent number of hours [if approved by the commissioner of] as required in the rules of the department of education, in a suitable and sanitary building, equipped with approved furniture, books, maps and other necessary appliances, taught by teachers, directed and supervised by a principal and a superintendent, each of whom shall hold valid educational credentials issued by the state board of education, with suitable provision for the care of the health and physical welfare of all pupils. A standard school shall provide instruction in all subjects prescribed by statute or by the state board of education for the grade level of pupils in attendance.
42:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 9, 2011
Effective Date: July 8, 2011
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CHAPTER 44
HB 172 – FINAL VERSION
23Feb2011… 0094h
2011 SESSION
11-0583
04/05
HOUSE BILL 172
AN ACT relative to transporting school children to school and school-supported activities.
SPONSORS: Rep. L. Ober, Hills 27; Rep. R. Ober, Hills 27; Rep. Haefner, Hills 27; Rep. Renzullo, Hills 27; Sen. Carson, Dist 14
COMMITTEE: Education
ANALYSIS
This bill permits pupils to be transported to or from school or a school-sponsored activity in a mixed use school bus.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Feb2011… 0094h
11-0583
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to transporting school children to school and school-supported activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
44:1 New Section; School Boards; Mixed Use School Bus. Amend RSA 189 by inserting after section 6-b the following new section:
189:6-c Pupils Transported in a Mixed Use School Bus. Pupils may be transported to or from school or a school-sponsored activity in a mixed use school bus, as defined by RSA 259:96-a, which bears a valid state inspection sticker and is operated by a driver who holds a valid license to operate that vehicle.
44:2 Motor Vehicles; Mixed Use Bus. Amend RSA 259:96-a to read as follows:
259:96-a Mixed Use School Bus. “Mixed use school bus” shall mean a [privately owned] vehicle, including a station wagon, suburban, passenger van, panel body vehicle, [and vehicles] or vehicle converted to a school bus, [but excluding a passenger vehicle,] which bears a valid state inspection sticker and is employed principally in transporting schoolchildren to and from school or school activities [by virtue of a contract with a school board authority].
44:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 9, 2011
Effective Date: July 8, 2011
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CHAPTER 178
SB 37 – FINAL VERSION
18May2011… 1808h
2011 SESSION
11-0767
04/03
SENATE BILL 37
AN ACT relative to the determination of residency for certain pupils.
SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Rep. St. Cyr, Belk 5; Rep. Shaw, Hills 16; Rep. Ladd, Graf 5
COMMITTEE: Education
ANALYSIS
This bill provides further detail on the procedure for resolving residency disputes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18May2011… 1808h
11-0767
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the determination of residency for certain pupils.
Be it Enacted by the Senate and House of Representatives in General Court convened:
178:1 School Attendance; Legal Residence Required. Amend RSA 193:12, VI(a) to read as follows:
VI.(a) The commissioner of the department of education, or designee, shall decide residency issues for all pupils, [including] excluding homeless children and youths, in accordance with this section. If more than one school district is involved in a residency dispute, or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision. In those instances when an agreement cannot be reached, the commissioner of the department of education, or designee, shall make a determination within [14] 30 days of notice of the residency dispute and such determination shall be final. If the unresolved residency dispute has resulted in an interruption of educational or related services, or such an interruption is likely to occur if the determination cannot be made before the expiration of 30 days, the determination shall be made within 14 days. With the agreement of the school districts involved and of the minor child's parent or legal representative, the time for determination of the residency dispute may be extended. Residency disputes may be submitted to the commissioner for determination by a school district involved in a dispute. In cases where the failure to resolve a residency dispute has resulted in or is likely to result in the interruption of educational or related services, a minor child's parent or legal representative may submit a residency dispute for determination to the commissioner. In [any case] all cases, all parties with an interest in the dispute shall be notified of the pendency of the proceedings, shall have an opportunity to review all information provided to the commissioner, and shall have an opportunity to present facts and legal arguments to the commissioner. The commissioner’s decision, including a written explanation for that decision, shall be provided to the parties of record and a copy of such explanation shall be kept on file by the department of education. No school district shall deny a pupil attendance or implementation of an existing individualized education program.
178:2 Legal Residence Required. Amend RSA 193:12, II(a)(2) to read as follows:
(2) In a divorce decree where parents are awarded joint decision making responsibility or joint legal custody, the legal residence of a minor child is the residence of the parent with whom the child resides. If a parent is awarded sole or primary residential responsibility or physical custody by a court of competent jurisdiction in this or any other state, legal residence of a minor child is the residence of the parent who has sole or primary residential responsibility or physical custody. If the parent with sole or primary physical custody lives outside the state of New Hampshire, the pupil does not have residence in New Hampshire. If the court order is for equal or approximately equal periods of residential responsibility, the child's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA [193:27] 193:28.
178:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date; August 13, 2011
__________________________________________________________________
HB 542-FN – VERSION ADOPTED BY BOTH BODIES
15Mar2011… 0726h
06/01/11 2251s
22June2011… 2422CofC
2011 SESSION
11-0828
04/05
HOUSE BILL 542-FN
AN ACT relative to exceptions for objectionable material in public school courses.
SPONSORS: Rep. Hoell, Merr 13
COMMITTEE: Education
AMENDED ANALYSIS
This bill requires school districts to adopt a policy allowing an exception to specific course material based on a parent’s or legal guardian’s determination that the material is objectionable.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0726h
06/01/11 2251s
22June2011… 2422CofC
11-0828
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to exceptions for objectionable material in public school courses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; State Board of Education; Duties. Amend RSA 186:11 by inserting after paragraph IX-b the following new paragraph:
IX-c. Require school districts to adopt a policy allowing an exception to specific course material based on a parent’s or legal guardian’s determination that the material is objectionable. Such policy shall include a provision requiring the parent or legal guardian to notify the school principal or designee in writing of the specific material to which they object and a provision requiring an alternative agreed upon by the school district and the parent, at the parent’s expense, sufficient to enable the child to meet state requirements for education in the particular subject area. The name of the parent or legal guardian and any specific reasons disclosed to school officials for the objection to the material shall not be public information and shall be excluded from access under RSA 91-A.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0828
Amended 06/22/11
HB 542 FISCAL NOTE
AN ACT relative to exceptions for objectionable material in public school courses.
FISCAL IMPACT:
◦ The Department of Education states this bill, as amended by the Senate (Amendment #2011-2251s), will have no fiscal impact on state, county, or local revenues or expenditures.
METHODOLOGY:
The Department states that this bill will have no fiscal impact. The bill requires school districts to adopt a policy allowing an exception to specific course material based on a parent’s or legal guardian’s determination that the material is objectionable. School districts may utilize the model policy of the New Hampshire School Boards Association in dealing with parental objection to instructional material, which can be modified at no cost to accommodate the requirements of the bill as amended.
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