Bill Text: NH HB1713 | 2012 | Regular Session | Introduced
Bill Title: Abolishing the department of education and transferring all functions, duties, and responsibilities to the commissioner of education and the state board of education.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2012-03-08 - House Inexpedient to Legislate: Motion Adopted Regular Calendar 276-44; House Journal 23, PG.1429-1431 [HB1713 Detail]
Download: New_Hampshire-2012-HB1713-Introduced.html
HB 1713-FN – AS INTRODUCED
2012 SESSION
04/09
HOUSE BILL 1713-FN
AN ACT abolishing the department of education and transferring all functions, duties, and responsibilities to the commissioner of education and the state board of education.
SPONSORS: Rep. Sova, Graf 10; Rep. DeLemus, Straf 1; Rep. Leonard, Straf 1; Rep. Cohn, Merr 6
This bill abolishes the department of education and all divisions, bureaus, and offices within the department except for the office of the commissioner of education and the state board of education.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2062
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT abolishing the department of education and transferring all functions, duties, and responsibilities to the commissioner of education and the state board of education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Treasurer; Trust and Agency Funds. Amend RSA 6:12-c, II(f)-(g) to read as follows:
(f) The Harriet Huntress trust [of the department of education].
(g) The Hattie Livesey trust [of the department of education].
2 Department of Administrative Services; Exemptions. Amend RSA 21-I:18, I(i) to read as follows:
(i) Purchases of services from nonprofit organizations by [the department of education, division of educational improvement and] the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.
3 Department of Administrative Services; Major Projects. Amend RSA 21-I:80, VI(f) to read as follows:
(f) On a quarterly basis, the commissioners of administrative services and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems [and the department of education office of building aid], a list of any construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
4 Department of Education; Findings and Policy. Amend RSA 21-N:1, II to read as follows:
II. In order to provide general guidance to the [state department] office of the commissioner of education established by this chapter, the general court declares the following to be the policy of the state of New Hampshire:
(a) The [department] commissioner shall have the dual role of providing regulatory direction and instructional assistance as needed to public elementary and secondary schools.
(b) The [department] commissioner shall be mindful of the need to balance these dual roles so that they are given equal consideration in planning [department] activities and expenditures and so that the consequences and implications of regulatory decisions are fully considered in light of the need to provide services to assist the local schools in complying with such regulatory direction.
(c) The paramount goal of the state shall be to provide an adequate education for all school-age children in the state, consistent with RSA 193-E.
[(d) The department shall continually strive to develop creative and innovative methods to assist local schools to achieve the highest possible degree of effective educational programming and teaching techniques.
(e) In accordance with RSA 193-E, the department shall work to establish credible processes for measuring and rating schools].
5 Department of Education; Establishment. Amend RSA 21-N:2 to read as follows:
21-N:2 Establishment; General Functions.
I. There is hereby established the [department] office of the commissioner of education, [an agency of the state] under the [executive] direction of a commissioner of education
II. The [department] office of the commissioner of education[, through its officials,] shall be responsible for the following general functions:
(a) Providing general supervision for elementary and secondary schools, teachers and administrators.
(b) Providing a variety of educational services to schools and particular groups.
(c) Providing vocational rehabilitation and social security disability determination services for persons with disabilities.
6 Department of Education; Commissioner. Amend RSA 21-N:4 to read as follows:
21-N:3 Commissioner; [Deputy Commissioner; Directors;] Compensation.
I. The governor, after consultation with the board of education, shall appoint the commissioner [and the deputy commissioner of the department] of education with the consent of council[. Each] who shall serve for a term of 4 years. The commissioner [and the deputy commissioner] may succeed himself or herself, if reappointed. The commissioner [and deputy commissioner] shall be qualified to hold [their positions] the position by reason of education and experience. The commissioner may employ administrative staff as may be needed to fulfill the duties of the office.
II. [The commissioner, after consultation with the board of education, shall nominate each division director for appointment by the governor and council. The division directors shall serve for a term of 4 years. They may succeed themselves, if reappointed. The directors shall be qualified to hold their respective positions by reason of education and experience.
III. The deputy commissioner and the directors shall serve staggered terms.
IV.] The [salaries] salary of the commissioner[, the deputy commissioner and each division director] shall be as specified in RSA 94:1-a.
7 Duties of the Commissioner of Education. Amend RSA 21-N:4 to read as follows:
21-N:4 Duties of Commissioner. In addition to the powers, duties, and functions otherwise vested by law in the commissioner of [the department of education, the office of] education, the commissioner shall:
I. Establish the organizational goals of the [department] office and represent the public interest in the administration of the functions of the [department] office of the commissioner of education and be responsible to the governor, the general court, and the public for such administration.
II. Have the authority, subject to the approval of the governor and council, to accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the policy objectives of the [department] office of the commissioner of education as set forth in RSA 21-N:1 and except as prohibited by any other provision of law.
III. Provide for a fair hearings unit within the commissioner’s office which shall, when not inconsistent with federal law, conduct all hearings required under the provisions of RSA 186-C or any state or federal law or regulation. Such hearings shall be conducted as adjudicative proceedings as provided in RSA 541-A. The hearing officer, when appropriate and when not inconsistent with state or federal law, shall present proposed findings and recommendations to the commissioner who shall, upon review of the record, issue a final decision in the matter.
IV. Represent the [department] office on boards, commissions, committees, and professional associations, or shall designate a designee.
V. Establish procedures to provide school administrative units with professional staff services, including direct services to school administrative units in improving the effectiveness and efficiency of administrative and instructional services. Such services shall include, but not be limited to, assistance in addressing problems, resolving disputes, and planning for internal reorganization; development of clearer role definitions for superintendents, assistant and associate superintendents, and school boards; and provision of resources and programs for board training and community education regarding school administrative unit functions and board and staff roles and responsibilities.
VI. Plan and apply for federal and other grants on a department-wide basis.
VII. Promote the application of educational research.
VIII. Administer the provisions of RSA 193-C relative to the statewide educational improvement and assessment program and RSA 193-E.
IX. Oversee audit and financial monitoring functions which shall:
(a) Provide analytical reports of examinations conducted [of the department’s various divisions, bureaus, sections, programs and functions]. Examinations shall be conducted and reports prepared in accordance with standards of governmental auditing and program evaluation specified by authoritative national standard setting bodies. Reports shall contain analyses, appraisals, comments, and recommendations relating to the accuracy and competence of accounting, financial, and management procedures in use.
(b) Insure compliance with federal grant requirements and review grantee and subgrantee compliance with all [department] grant requirements.
(c) Not assume any managerial, supervisory, or operational function, or direct action initiated as a result of the unit’s recommendations.
X. Review, on an ongoing basis, the development and administration of standards.
8 State Board of Education; Rulemaking. Amend the introductory paragraph in RSA 21-N:9, III to read as follows:
III. The [department] state board of education shall adopt rules, pursuant to RSA 541-A, relative to:
9 Property Taxes; Exemption for the Blind. Amend RSA 72:37 to read as follows:
72:37 Exemption for the Blind. Every inhabitant who is legally blind as determined by the [blind services program, bureau of vocational rehabilitation, department] office of the commissioner of education shall be exempt each year on the assessed value, for property tax purposes, of his or her residential real estate to the value of $15,000, and a city or town may exempt any amount it may determine is appropriate to address significant increases in property values in accordance with the procedures in RSA 72:27-a. The term “residential real estate” as used in this section shall mean the same as defined in RSA 72:29. All applications made under this section shall be subject to the provisions of RSA 72:33 and RSA 72:34.
10 Compensation of Certain State Officers. Amend RSA 94:1-a, I(b) as follows:
Delete
EE Department of Education director, division of higher education
GG Department of education director, career technology and adult learning
GG Department of education director, standards and certification
GG Department of education director of instruction
II Department of education deputy commissioner
11 New Hampshire Retirement System; Definitions. Amend RSA 100-A:1, VI to read as follows:
VI. “Teacher” shall mean any regular or special teacher, principal, supervisor or administrator, librarian or other member of the teaching or professional staff engaged in the service of the public elementary and secondary schools located within the state and supported by and under the control of the state, the local school district, or other employers of teachers eligible for membership in the system. For teachers who job share, teacher shall mean 2 individuals who share one position. For purposes of membership as a teacher under this chapter, proof of appropriate certification [by the department of education or appropriate] or professional licensure shall be maintained by the employer and available to the retirement system.
12 Brain and Spinal Cord Injuries; Advisory Council Membership. Amend RSA 137-K:2, II(b) to read as follows:
(b) The following persons or their designees shall serve as ex-officio, non-voting members of the council:
(1) The commissioner of the department of health and human services and any division administrators of the department of health and human services designated by the commissioner.
(2) [The chief of the special education bureau of the department of education.
(3) The administrator of the division of vocational rehabilitation services of the department of education.
(4)] The president or executive director of the Brain Injury Association of New Hampshire.
[(5)] (3) The president or executive director, New Hampshire chapter of the National Spinal Cord Injury Association.
[(6)] (4) The administrator of brain injury services, division of developmental services, department of health and human services.
[(7)] (5) The administrator of the HCBC/ECI waiver, division of elderly and adult services, department of health and human services.
[(8)] (6) The president or executive director of Granite State Independent Living.
[(9)] (7) The president or executive director of the New Hampshire Developmental Disabilities Council.
[(10)] (8) Representatives of other related agencies or organizations as approved by the council.
13 Council on Resources and Development. Amend RSA 162-C:1, VIII to read as follows:
VIII. The commissioner [or assistant commissioner, department] of education, or designee.
14 Disposition of a Minor With a Disability. Amend RSA 169-B:22, IV(b) to read as follows:
(b) The notice filed by a school district under this section shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some or all of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the [New Hampshire Department of Education hearing officer] office of the commissioner of education.”; and
15 Disposition of a Child With a Disability. Amend RSA 169-C:20, IV(b) to read as follows:
(b) A motion filed by a school district under this provision shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This motion requests the disclosure of some of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the [New Hampshire Department of Education hearing officer] office of the commissioner of education.”; and
16 Disposition of a Child With a Disability. Amend RSA 169-D:18, IV(b) to read as follows:
(b) The notice filed by a school district under this provision shall include, on a separate sheet of paper, the following statement in bold typeface: “Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district’s notice. If you fail to object in writing, the court may allow private information to be revealed to the [New Hampshire Department of Education hearing officer] office of the commissioner of education.”; and
17 State Board of Education; Limitation. Amend RSA 186:6-a to read as follows:
186:6-a Limitation of Education. Notwithstanding any other provision of law, the authority of the [state department] office of the commissioner of education shall be limited to the problems associated with kindergarten and grades one through 12, provided, however, that the state board of education shall be authorized to accept, distribute and supervise funds for pre-kindergarten programs.
18 State Board of Education; Rulemaking. Amend RSA 186:8, III to read as follows:
III. Certification standards for educational personnel, including those listed in RSA 21-N:9, II(s), provided that the commissioner of [the department of] education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, provide for recertification based on another state’s procedures if the other state’s professional development plan is approved by the [New Hampshire department] office of the commissioner of education.
19 Vocational Education. Amend RSA 186:39 and RSA 186:40 to read as follows:
186:39 State Board of Education. The state board of education is hereby designated as the sole agency for the receipt of federal funds under the provisions of federal vocational education acts. The [commissioner, department] office of the commissioner of education, shall administer programs for which the state may be entitled to receive such federal funds. The state is pledged to make available for the several purposes of said federal acts funds sufficient to meet the state’s obligations from time to time and to meet all conditions necessary to entitle the state to accept the benefits thereof.
186:40 Administration. The [commissioner, department] office of the commissioner of education, is authorized to arrange with institutions and with school boards of towns or city districts in the state to furnish the necessary buildings, equipment, and additional funds required in carrying out the provisions of the federal acts, so far as those acts apply to this state; and school districts are authorized to enter into such contracts with the commissioner. The commissioner is further authorized to approve certain schools and educational institutions within the state as vocational training centers for the purpose of enlarging the opportunities for such training and putting into effect the provisions of RSA 186:39 and to make suitable arrangements with such schools and institutions to receive pupils for vocational training who may not reside in the town or school district where such school or institution is located.
20 Establishment of Adult High School Education Program. Amend RSA 186:61, I to read as follows:
I. The state board of education shall establish and promote an educational program for adults to earn a high school diploma or its equivalent. This program shall be administered by the [division of career technology and adult learning, department] office of the commissioner of education, in accordance with the rules adopted by the state board.
21 Vending Facilities Operated by Blind Persons. Amend RSA 186-B:10, II to read as follows:
II. “Blind services” means the administrative unit for the blind services program within the [bureau of vocational rehabilitation, department] office of the commissioner of education.
22 Special Education; Duties. Amend RSA 186-C:3-a, I to read as follows:
I. The [division] office of the commissioner of education shall help school districts meet their responsibilities under this chapter and under federal law regarding the education of children with disabilities.
23 Special Education; Program Approval. Amend RSA 186-C:5, I(b) to read as follows:
(b) The [division of educational improvement of the department] office of the commissioner of education, through its program approval and monitoring process shall determine if a district is making diligent efforts to resolve personnel shortages that result in children with disabilities being placed out of district.
24 Special Education; Braille Instruction. Amend RSA 186-C:7-b, II to read as follows:
II. Instruction in Braille shall be provided by a teacher certified by the [state department] office of the commissioner of education to teach pupils with visual impairment.
25 Special Education; Rate Setting. Amend RSA 186-C:7-c to read as follows:
186-C:7-c Rate Setting.
I. The [division of educational improvement of the department] office of the commissioner of education shall ensure that each school district develops approved programs for children with disabilities in the school district.
II. The [division of educational improvement of the department] office of the commissioner of education shall set an approved rate for private providers of special education services pursuant to RSA 21-N:5, I(h).
III. Such rates shall be sufficient to reflect costs and expenses of comparable or similar programs in the region or state and sufficient to provide children with disabilities with a free appropriate public education.
IV. No provider shall charge the [department] office of the commissioner of education or any school district in this state an amount in excess of the rate established by the [division of educational improvement of the department] office of the commissioner of education.
26 Special Education; State Aid. Amend RSA 186-C:18, III(a) to read as follows:
III.(a) The state board of education through the [commissioner, department] office of the commissioner of education, shall distribute aid available under this paragraph as entitlement to such school districts as have a special education pupil for whose costs they are responsible, for whom the costs of special education in the fiscal year exceed 3 1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution. If in any year, the amount appropriated for distribution as catastrophic special education 186-C:18 aid in accordance with this section is insufficient therefor, the appropriation shall be prorated proportionally based on entitlement among the districts entitled to a grant. If there are unexpended funds appropriated under this paragraph at the end of any fiscal year, such funds shall be distributed for court-ordered placements under RSA 186-C:19-b. The state may designate up to $250,000 of the funds which are appropriated as required by this paragraph, for each fiscal year, to assist those school districts which, under guidelines established by rules of the state board of education, may qualify for emergency assistance for special education costs. Upon application to the commissioner of education, and approval by the commissioner, such funds may be accepted and expended by school districts in accordance with this chapter; provided, however, that if a school district has received emergency assistance funds for certain children with disabilities, it shall not receive catastrophic special education aid for those same children with disabilities. If any of the funds designated for emergency assistance under this paragraph are not used for such emergency assistance purposes, the funds shall be used to assist school districts in meeting catastrophic cost increases in their special education programs as provided by this paragraph.
27 Special Education; Alternative Dispute Resolution. Amend RSA 186-C:23-a to read as follows:
186-C:23-a Local School District Alternative Dispute Resolution Programs.
I. Each school district in New Hampshire is encouraged to develop options for alternative dispute resolutions which can be utilized at the local district level. A plan outlining these methods may be submitted to the [department] office of the commissioner of education for review. The [department] commissioner shall provide technical assistance at the request of the school districts in developing and implementing these alternative dispute resolution options.
II. Local school districts and parents are encouraged to submit to the [department] office of the commissioner of education information relating to methods of alternative dispute resolution which have proven to be effective. Pursuant to RSA 21-N:6, VII, the [department] office of the commissioner of education shall develop a system whereby such information can be collected, compiled, and disseminated to local school districts.
28 Special Education; Mediation. Amend the introductory paragraph of RSA 186-C:24, I to read as follows:
I. When disputes arise under this chapter, mediation shall be available through the office of the commissioner[, department] of education. Mediation shall be provided in accordance with the following:
29 State College and University System; Tuition Waiver. Amend RSA 187-A:20-a, to read as follows:
187-A:20-a Tuition Waived for Children of Certain Firefighters and Police Officers; Room and Board Scholarships.
I. A person who is a New Hampshire resident, who is under 25 years of age, and who enrolls in a program leading to a certificate, associate, or bachelor degree at any public postsecondary institution within the state, approved by the [department of education, division of higher education] office of the commissioner of education, shall not be required to pay tuition for attendance at such institution if he or she is the child of a firefighter or police officer who died while in performance of his or her duties, and whose death was found to be compensable pursuant to RSA 281-A.
II.(a) Any person entitled to a waiver of tuition under this section may apply for a room and board scholarship while attending the institution, to the extent of available funds. Applications for a room and board scholarship shall be filed annually with the [director of the division of higher education] office of the commissioner of education. The [department] office of the commissioner of education shall adopt rules, pursuant to RSA 541-A, relative to the development of criteria for awarding scholarships, development of scholarship application forms, application deadlines, scholarship amounts, provisions for continuing eligibility, and other procedures necessary to administer the room and board scholarships.
(b) There is hereby established in the office of the state treasurer a nonlapsing fund to be known as the room and board scholarship fund. The state treasurer shall invest the fund pursuant to RSA 6:8 and earnings shall be added to the fund. The fund shall be continually appropriated to the [division of higher education] office of the commissioner of education for the purpose of providing room and board scholarships as provided in this section, and shall not be diverted or used for any other purpose. The [director of the division of higher education] commissioner of education may apply for and accept gifts, grants, and donations from any source to be used for the purpose of providing room and board scholarships as provided in this section.
30 State College and University System; Tuition Waiver. Amend RSA 187-A:20-b, to read as follows:
187-A:20-b Tuition Waiver for Children in State Foster Care or Guardianship.
I. An eligible individual who enrolls full-time in a program leading to a certificate, associate, or bachelor degree at any public postsecondary institution within the state that is approved by the [department of education, division of higher education] office of the commissioner of education, shall not be required to pay tuition or fees for attendance at such institution.
II. In this section, an eligible individual is a person who is less than 23 years of age and who is or was:
(a) In state foster care for the immediate 6-month period prior to his or her 18th birthday;
(b) In state guardianship or custody at the time of his or her 18th birthday;
(c) Adopted while in state guardianship or adopted from the care, custody, and control of the [department] commissioner of education following a surrender of parental rights; or
(d) In an out-of-home placement under the supervision of the division for juvenile justice services at the time of his or her 17th birthday.
III.(a) Eligible individuals interested in a tuition waiver shall annually apply to the [division of higher education] office of the commissioner of education on a form provided by the [division of higher education] commissioner and within the deadlines established by the [division of higher education] commissioner. No more than 20 tuition waivers per year shall be granted. The [department] commissioner of education shall adopt rules, pursuant to RSA 541-A, relative to the development of eligibility criteria designed to give the children with the greatest financial need first priority in the tuition waiver program, the creation of an application form, application deadlines, and provisions for continuing eligibility which require continued full-time enrollment as provided in this section and maintaining satisfactory academic progress as defined by the institution.
(b) Beginning November 1, 2008, and no later than November 1 each year thereafter, the division of children, youth, and families shall submit a report to the health and human services oversight committee, established in RSA 126-A:13, and the house children and family law committee, or their successor committees, detailing the status of the tuition waiver program.
31 Allied Health Professions; Federal Funds. Amend RSA 188-B:3 to read as follows:
188-B:3 Acceptance of Federal Funds, Gifts, and Grants. The governor and council, upon recommendation of the state board of education is authorized to apply for financial or any other aid which the United States has authorized or may authorize to be given to the several states for training for health services, including but not limited to the Allied Health Professions Personnel Training Act of 1966 and the Nurse Training Act of 1964. Federal funds made available to the state for purposes hereof shall be expended by the [state department] office of the commissioner of education in accordance with the terms of the federal grant.
32 Regional Vocational Centers. Amend RSA 188-E:1 to read as follows:
188-E:1 Designation of Regional Centers and Courses. The office of the commissioner[, department] of education, is hereby authorized and directed to designate high schools, and public academies as defined in RSA 194:23, II, offering vocational education programs as vocational education centers. In instances where it is educationally and economically feasible to do so, the commissioner may designate individual vocational courses in other than the vocational education centers as regional courses. An out-of-state school or course may be designated, when it is in the best interest of the state, as a part of the New Hampshire regional vocational education plan.
33 Construction of Regional Vocational Centers. Amend RSA 188-E:3, I to read as follows:
I. The office of the commissioner[, department] of education, shall make grants available to designated regional centers for construction of vocational education facilities or renovation of existing regional vocational centers. The state board shall adopt rules, pursuant to RSA 541-A and RSA 21-N:9, II, which the commissioner shall carry out, relative to requirements for approval of regional vocational education centers to receive funds for construction or renovation of such facilities. The rules shall include criteria which guarantee potential sending districts an opportunity to enroll students in the regional vocational program, and basic criteria for planning such facilities through cooperative development of plans by the vocational education staff of the [state department] office of the commissioner of education and the local school district’s staff. When such plans appear to be both educationally and financially acceptable, the [department’s vocational staff] commissioner shall [recommend to the commissioner that they be approved for] approve funding.
34 Regional Vocational Education. Amend RSA 188-E:6, I to read as follows:
I. Students shall enroll at their regular high school for nonvocational courses and attend a regional vocational center for purposes of taking vocational courses except, when it is determined pursuant to [department of education] rules that it would be in the best interest of the student, both academically and vocationally, or where a student has been deemed to be at risk, a student may attend the vocational education center for his or her entire educational program. Tuition charged for students enrolled part time at the vocational education center shall be prorated on a time basis for both the local district and the state share of the payment.
35 Regional Vocational Education; Tuition. Amend RSA 188-E:7 to read as follows:
188-E:7 Tuition. The [department of] office of the commissioner of education is authorized to pay from its regular budget tuition for full or part-time students, attending programs at designated vocational centers or designated vocational educational courses at other comprehensive high schools, whose residence is in a district where the high school of normal attendance does not offer a similar vocational education course. The [department] office is authorized to pay from its budget for at risk students who reside in a school district in which the high school does not offer an alternative education program, to attend an alternative education program at a regional vocational education center or the associated high school. The tuition payment shall not exceed the cost of attending the regional vocational education center. The liability of the state and local school districts for tuition shall be determined by the state board under rules adopted pursuant to RSA 541-A, provided that a receiving district may charge a student from a sending district a differential vocational education rate and that the receiving district shall deposit that differential into its capital reserve account to be used for vocational centers and equipment.
36 Private Postsecondary Career School. Amend RSA 188-G:8 to read as follows:
188-G:8 Veterans, Education and Services Approval. The [division] office of the commissioner of education may approve for veterans’ education and services any institution licensed under this chapter. The [department] office of the commissioner of education may adopt rules, under RSA 541-A, relative to the procedures for approval of institutions for veterans’ education and benefits.
37 School Boards; 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 as required in the rules of the [department] state board 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.
38 School Boards; Standard Schools. 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 as required in the rules of the [department] state board 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.
39 Scholarships for Orphans of Veterans. Amend RSA 193:21 to read as follows:
193:21 Payment. The amounts payable to recipients shall be determined by the [department of education, division of higher] office of the commissioner of education. The [department] commissioner shall determine the eligibility in accordance with rules adopted under RSA 541-A of the children who make application for the benefits provided for in this subdivision.
40 Parents as Teachers Program. Amend RSA 193:36 to read as follows:
193:36 Rulemaking. The [commissioner of the department] state board of education shall adopt rules, pursuant to RSA 541-A, necessary to carry out the provisions of this subdivision.
41 New England Higher Education Compact; Board. Amend RSA 200-A:3 to read as follows:
200-A:3 Membership of Board. There shall be 8 resident members from New Hampshire on the New England Board of Higher Education as provided in article II of the compact. One of such resident members shall always be the chancellor of the university system. The second resident member shall be the [director of the division of higher education, department] commissioner of the office of education. The third resident member shall be the chancellor of the community college system of New Hampshire. The fourth and fifth resident members shall be citizens of the state appointed by the governor and council. The sixth resident member shall be a member of the house of representatives appointed by the speaker of the house. The seventh member shall be a member of the senate appointed by the president of the senate. The eighth resident member shall be a representative of a private college in New Hampshire appointed by the governor and council. The term of office for each of the first 3 resident members shall be concurrent with his or her term as chancellor or director. The term of office for each of the latter 5 resident members shall be for 4 years and until a successor is appointed and qualified, except that the term of any member of the general court shall terminate if such member shall cease to be a state legislator. In that case, another member shall be appointed in a like manner for the unexpired term. The term of the member representing a private college shall end if the member’s association with the private college terminates. Each member of the board shall receive his or her expenses actually and necessarily incurred by the member in the performance of his or her duties as a member. In addition to their expenses, the fourth, fifth, sixth, seventh, and eighth members shall receive $15 per day compensation for time actually spent in the work as a member of the New England Board of Higher Education, provided that the total for expenses and per diem compensation for any of such 5 members shall not exceed the sum of $ 500 during any one fiscal year. All expenses and per diem compensation shall be audited by the commissioner of administrative services as expenses of other employees are audited and shall be a charge against any appropriation provided for this purpose.
42 New England Higher Education Compact; Payments From Funds. Amend RSA 200-A:6 to read as follows:
200-A:6 Payments From Funds. The amount that may be or may become due to any college, university, or institution shall be payable by the state treasurer to such institution from funds appropriated for carrying out the purposes hereof upon certification by the New England Board of Higher Education. Said board, before approving such vouchers, shall satisfy itself that such student would be unable to receive the course of instruction at any institution of public education in New Hampshire, and shall satisfy itself that the charge made by said institution is in accordance with the terms and conditions of the regional and/or reciprocal agreement in effect between the New England Board of Higher Education and the charging institution. The [department] commissioner of the office of education[, division of higher education] shall examine and audit the accounts showing the payments made by the board under the authority of this section. In submitting the budget request made by it pursuant to the certification of the board as provided in RSA 200-A:5, the [division] commissioner shall forward with such request a report of such examination and audit, showing the details of such payments for the 2 fiscal years next preceding the time of said budget requests.
43 New England Higher Education Compact; Enforcement. Amend RSA 200-A:8 to read as follows:
200-A:8 Enforcement. The [department of education, division of higher] office of the commissioner of education is authorized to enforce the collection of accounts that become due under the loan provisions of this chapter.
44 New England Higher Education Compact; Repayment of Funds. Amend RSA 200-A:9 to read as follows:
200-A:9 Repayment of Funds by Medical Students. The [department of education, division of higher] office of the commissioner of education shall prepare a note for signature of any medical student who is a recipient hereunder. The note shall be in an amount that equals the amount paid by the state treasurer for their respective enrollment. Repayment of the note shall be made in equal annual installments beginning on the anniversary date of the recipient’s graduation date or termination of enrollment, whichever shall first occur, provided, however, that if the recipient continues without interruption of his or her medical education and/or his or her intern requirements said anniversary date shall be the anniversary of the date on which said continued education or internship terminates. Within a period equal to twice the number of school years of his or her respective enrollment, plus one year, all installments shall be paid in full to the division. The [division] commissioner shall reduce any annual installment by 1/2, providing the recipient has practiced medicine on a full time basis in New Hampshire during 8 of the preceding 12 months.
45 Vocational Rehabilitation Program. Amend RSA 200-C:1 to read as follows:
200-C:1 Federal Vocational Rehabilitation Program. The commissioner of education[, or if the commissioner of education delegates the authority in writing, the administrator of the bureau of vocational rehabilitation of the department of education, is authorized to] may make application to and receive funds from, to cooperate with, and to enter into any agreements with the federal government or any agency of the federal government to secure the participation of the United States government through the allotment of federal funds in the vocational rehabilitation program of this state. The [bureau of vocational rehabilitation] commissioner shall comply with the requirements of the applicable federal laws including the determination of eligibility for the determination of the nature and scope of, and the provision of, vocational rehabilitation services under the state plan.
46 Vocational Rehabilitation Program. Amend RSA 200-C:2 to read as follows:
200-C:2 Cooperative Working Agreements. The commissioner [or his delegate is authorized to] may make agreements [between the bureau of vocational rehabilitation of the state department of education and] with any other agency of the state or subdivisions of the state or agency of such a subdivision[,] to assist in the vocational rehabilitation of persons disabled because of a physical, mental, or social disability.
47 Vocational Rehabilitation Program; Recovery of Costs. Amend RSA 200-C:6-a to read as follows:
II. Amounts repaid under paragraph I shall be payable to the [bureau of vocational rehabilitation of the department] office of the commissioner of education and shall be administered as follows:
48 CART Provider and Sign Language Interpreter Net Tuition Repayment Program. Amend RSA 200-M:2 through RSA 200-M:5 to read as follows:
200-M:2 CART Provider and Sign Language Interpreter Net Tuition Repayment Program Established. The [department of education, division of higher education] office of the commissioner of education shall administer a program for the promotion, acquisition, and retention of CART providers and sign language interpreters in the state.
200-M:3 Application; Repayment. An individual who has completed eligible CART or sign language interpreter training in accordance with rules adopted pursuant to RSA 200-M:5, including internships and residencies, and agrees to work as a CART provider or a sign language interpreter in this state, may apply to the [department of education, division of higher education] office of the commissioner of education for repayment under the CART provider and sign language interpreter net tuition repayment program and become eligible to be reimbursed up to 100 percent of his or her qualifying tuition not to exceed the cost of 4 years of in-state tuition at the university of New Hampshire, during a 5-year period of working as a CART provider or sign language interpreter. A 10 percent net tuition repayment shall be made upon completion of the first year of employment in this state, with an additional 10 percent made after the second year of work, an additional 20 percent after the third year of work, an additional 30 percent after the fourth year of work, and an additional 30 percent after the fifth year of work.
200-M:4 Fund Established.
I. There is hereby established in the office of the state treasurer a fund to be known as the CART provider and sign language interpreter net tuition repayment fund. The fund shall include any sums appropriated for such purpose. In addition, the [department of education, division of higher education] office of the commissioner of education may accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding the provisions of this chapter. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the [department of education] office of the commissioner of education. The fund may be expended by the [department of education] commissioner to accomplish the purposes of this chapter. The state treasurer may invest moneys in the fund as provided by law, with interest received on such investment credited to the fund.
II. A minimum balance of $100,000 shall be in the CART provider and sign language interpreter net tuition repayment fund prior to the selection of the first participant.
200-M:5 Administration; Rulemaking. The [department of education, division of higher education] office of the commissioner of education shall adopt rules, pursuant to RSA 541-A, relative to procedures, eligibility, and qualifications for applicants, qualifying educational costs, criteria for terms of service by a CART provider and/or sign language interpreter, procedures for repayment of net tuition costs, and the administration of the program by the [department of education, division of higher education] office of the commissioner. The commissioner [of the department of education] shall annually report to the general court on the effectiveness of this program.
49 Certification of Current Workers’ Compensation Coverage Required. Amend RSA 228:4-b, VI to read as follows:
VI. On a quarterly basis, the commissioners of transportation and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the [department of education office of building aid] office of the commissioner of education, a list of any highway, bridge, or other construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
50 Governor’s Commission on Disability. Amend RSA 275-C:3 to read as follows:
275-C:3 Ex Officio Members. The following, or their designees, shall serve as ex officio members without a vote on the commission: (1) the commissioner of health and human services, (2) the [administrator of the bureau of vocational rehabilitation, department] commissioner of education, (3) [the supervisor of blind services, bureau of vocational rehabilitation, department of education, (4)] the commissioner of labor, [(5)] (4) the commissioner of the department of employment security, and [(6)] (5) a member of the state board of education designated by the governor.
51 Interpreters for the Deaf and Hard of Hearing; Powers and Duties of the Board. Amend RSA 326-I:4, IX to read as follows:
IX. Cooperating with the New Hampshire Registry of Interpreters for the Deaf, the New Hampshire Association of the Deaf, Self Help for the Hard of Hearing of New Hampshire, the New Hampshire League for the Hard of Hearing, the [department of education, division of vocational rehabilitation] office of the commissioner of education, and interpreting agencies to provide access to the services of interpreters to persons communicating with deaf and hard of hearing persons.
52 Interpreters for the Deaf and Hard of Hearing; Rulemaking. Amend RSA 326-I:5, I to read as follows:
I. The form and content of license applications for each license level authorized in RSA 326-I:7, II. For national level licensure such rules shall include application criteria including examinations and examiners used by the Registry of Interpreters for the Deaf or the National Association for the Deaf. For state level licensure such rules shall include the use of the New Hampshire classification test administered by the program for the deaf and hard of hearing under the [division of adult learning and rehabilitation, department] office of the commissioner of education.
53 Optometry; Report. Amend RSA 327:34 to read as follows:
327:34 Report to [Division of Career Technology and Adult Learning] Commissioner of Education. All licensed optometrists in this state shall report, with the permission of the patient or the patient’s parent or guardian, all cases of vision examination results of 20/200 or less in the better eye, after correction, to the [division of career technology and adult learning, department] office of the commissioner of education. Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment. The information contained in the report shall be treated as confidential by the [division] commissioner.
54 Physicians and Surgeons; Report. Amend RSA 329:20-a to read as follows:
329:20-a Report to Blind Services Program, [Bureau of Vocational Rehabilitation] Office of Commissioner of Education. All licensed physicians practicing ophthalmology in this state shall report, with the permission of the patient, all cases of vision examination results of 20/200 or less, in the better eye, after correction, to the blind services program, [bureau of vocational rehabilitation, department] office of the commissioner of education. Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment. The information contained in said report shall be treated as confidential by the [bureau] commissioner.
55 Interpreters for the Deaf; Compensation. Amend RSA 521-A;12 to read as follows:
521-A:12 Compensation. A qualified interpreter appointed under this chapter shall be reimbursed by the appointing authority at a fixed rate reflecting the most recent fee schedule approved by the [department of education, bureau of vocational rehabilitation] office of the commissioner of education. Nothing in this section shall be construed to prohibit any state department, board, commission, agency, or appointing authority, or any political subdivision of the state from employing a qualified interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate.
56 Special Education; Division of Educational Improvement. Amend RSA 186-C:3 to read as follows:
186-C:3 [Division of Educational Improvement;] Special Education; Programs and Services. The [department] office of the commissioner of education shall hire and assign such personnel or contract for services to perform responsibilities required under state or federal special education law, including, but not limited to, monitoring, compliance, and technical assistance and support to school districts. Special education services of the [division of educational improvement] office of the commissioner of education shall be fully coordinated and integrated with the [department’s] office’s general curriculum and instruction activities.
57 References Amended. Amend the following RSA sections by replacing “department,” “department of education,” or “commissioner of the department of education” with “office of the commissioner of education”: RSA 12-J:1, III(7); 21-G:9, II(b); 21-H:14-c, II(12); the chapter heading of 21:N; 21-N:10, I; 21-N:11; 76:15-a, III(b); 76:15-aa, V(b); 91-A:5, V; 125-Q:1, I(e); 125-Q:2, II; 125-Q:3, IV; 126-H:3, I(d); 126-J:1, I(d); 126-J:3, II-III; 126-J:4; 126-M:3, I(f); 126-M:4, IV; 126-R:3, I(d); section heading of RSA 126-U:8; 126-M:10, II; 141-F:3, I; 161:2, V; 169-B:19, X; 169-B:19-a; introductory paragraph of RSA 169-B:22, IV; 169-C:19-a; introductory paragraph of RSA 169-C:20, IV; 169-C:20, IV; 169-D:17, VIII; 169-D:17-a; introductory paragraph of RSA 169-D:18, IV; 170-E:25, III(c); 170-E:34, I(b); 170-G:4, XVII; 170-G:4, XVIII; 171-A:32, I(b); 171-A:32, II(h); 186:11, IX(e); 186:13, VII; 186:13, XI(c); 186:13, XII; 186:40-a; 186:70, II; 186:70, V; 186-B:1; 186-B:3; introductory paragraph of RSA 186-B:4; 186-B:4, III; 186-B:8; 186-C:1, III; 186-C:3-a, I-a-V; 186-C:3-a, VII-c; 186-C:3-b, IV; 186-C:3-b, VI; 186-C:5, I; 186-C:5, III(f); 186-C:5, V(b)-(d); 186-C:7-a, I; 186-C:14, IV; 186-C:14-a, I; 186-C:16-a; 186-C:16-b, I-III; 186-C:18, III(c); 186-C:18, VIII; 186-C:18, XI(a); 186-C:19-b, I-IV; 186-C:23, II; 186-C:23-a; 186-C:23-b, I; 186-C:23-b, II(e)(4); 186-C:23-b, IV; 186-C:25, IV-V; 187-A:20-a, II(a); 187-A:20-b, III(a); 188-E:6, II; 188-E:8; 188-E:9, I; 188-E:10; 188-E:14; 188-E;15; 188-E:16, I(c); introductory paragraph of RSA 188-E:17; 188-E:18; 188-E:20, I(c); 188-E:21; 188-E:22, I(c); 188-E:23; 188-F:11, I; 188-F:17; 189:2; 189:11-a, VII(b); 189:13-a, III; 189:13-a, X; 189:14-e, I; 189:28; 189:39-a; 189:39-b, III; 189:59; 189:60, I(c); 189:62; 189:63; 193:1, I(f)(2); 193:3, III(f); 193:12, V-b and VI; 193:14-a; 193:35; 193:37; 193-A:1, II; 193-A:2; 193-A:4, II; 193-A:5, I(a); 193-A:10, I(c); 193-C:2; 193-C:3, 193-C:6; 193-C:8; 193-C:11; 193-E:2-a, V; 193-E:3; 193-E:4, I-II; 193-E:5; 193-F:4, III; 193-F:5, II; 193-F:6; 193-F:7; 193-G:1, III; section heading of RSA 193-G:5 and RSA 193-G:5; 193-H:1; 193-H:4, I(b); 193-H:4, II; 193-H:5; 194:23-b, II; 194:31; 194:60; 194-B:3-a, II-III; 194-B:5, IV-a; 194-B:5, VII; 194-B:10, III; 194-B:11; 194-C:2, II(a)(5); 194-C:2, IV(a)(5); 194-D:5; 195:9, II; 195:14; 195:18; 198:4-a, II; 198:4-d; 198:4-e; 198:4-f; 198:16; 198:38, II; 198:40-d; 198:41; 198:42; 198:44; 198:48-a; 200:11-a, I-II; 200-A:5; 200-C:19, II; 200-C:20-a, I; 200-E:3; 200-M:1, II; 227-H:21; 227-H:22; 227-H:23; 239-B:2, I(c); 263:19, I; 263:44; 276-B:2, I(x); 278:3, VII; 278:6; 310-A:170, III(d); 319-C:3, IX-a; 326-B:32, I(b)(1); 326-B:32, I(c); 326-F:2, I(b); 326-I:3, VII; 326-I:7, V; 329-A:13, V; 374-F:4, VIII-a; 425:25; and 621-A:9, II(e).
58 Transfer of Powers, Duties, Responsibilities; and Appropriations. Notwithstanding any provision of law to the contrary, all of the functions, powers, duties, responsibilities, and funding of the department of education shall be transferred to the office of the commissioner of education established in RSA 21-N:2. The transfer provided in this section shall include all of the equipment, books, papers, and records of the department of education. All administrative, clerical, and business processing functions of the department of education shall be transferred to the office of the commissioner of education established in RSA 21-N:2. The commissioner of education may establish the number and classification of personnel required for effectively managing all statutory responsibilities and, with the prior approval of the governor and council, may eliminate unnecessary positions.
59 Repeal. The following are repealed:
I. RSA 6:12, I(b)(228), relative to fees collected by the department of education for private postsecondary career schools.
II. RSA 21-N:5, relative to the duties of the deputy commissioner.
III. RSA 21-N:6, relative to the department of education, division of educational improvement.
IV. RSA 21-N:7, relative to the department of education, division of program support.
V. RSA 21-N:8, relative to the department of education, division of career technology and adult learning.
VI. RSA 21-N:8-a, relative to the department of education, division of higher education.
VII. RSA 21-N:9, II(c), relative to standards for school building construction.
VIII. RSA 21-N:9, II(r), relative to professional preparation standards for teachers.
IX. RSA 21-N:9, II(s), relative to certification standards for educational personnel.
X. REA 21-N:9, II(aa), relative to requirements for teacher preparation programs.
XI. RSA 171-A:32, I(g)-(h), relative to certain department of education membership on the New Hampshire council on autism spectrum disorder.
XII. RSA 186:8, relative to teacher certification requirements.
XIII. RSA 186:11, X, relative to standards for teacher certification.
XIV. RSA 186-C:2, I-b, relative to the functions of the department of education, division of educational improvement in the administration of special education laws.
XV. RSA 188-G, relative to licensing of private postsecondary career schools.
XVI. RSA 189:14-g, relative to teacher signature certification.
XVII. RSA 193-E:3-a through 193-E:3-e, relative to school accountability.
XVIII. RSA 193-H:1, II, relative to the definition of the department of education.
XIX. RSA 195-I:2, II(e), relative to the school nurse consultant of the department of education.
XX. RSA 198:15-a through 198:15-hh, relative to school building aid.
XXI. RSA 198:15-u through 198:15-w, relative to alternative school building aid.
XXII. RSA 198:15-r through 198:15-t, relative to kindergarten construction aid.
XXIII. RSA 198:38, III, relative to the definition of the department of education for purposes of adequate education grants.
60 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2062
Revised 01/18/12
HB 1713 FISCAL NOTE
AN ACT abolishing the department of education and transferring all functions, duties, and responsibilities to the commissioner of education and he state board of education.
FISCAL IMPACT:
The Department of Education states this bill will increase state general fund revenue by $2,650,000 in FY 2013, decrease state restricted revenue by $1,300,000 in FY 2013 and each year thereafter, and decrease state expenditures by an indeterminable amount in FY 2013 and each year thereafter. The Department of Education also states this bill will decrease local revenue by $47,076,655 in FY 2013, and $50,000,000 in FY 2014 and each year thereafter. There will be no fiscal impact on county revenue or county or local expenditures.
METHODOLOGY:
The Department of Education states this bill abolishes the Department and transfers all functions, duties, and responsibilities to the commissioner of education and the state board of education. The Department states this change in organization would place the entire remaining budgetary structure under a newly formed Office of the Commissioner. The Department states this reorganization would eliminate 5 unclassified positions and, once the current terms for each position expire, their associated salary and benefit costs, within the Department: Deputy Commissioner, Director of Higher Education, Director of Career Technology and Adult Learning, Director of Educational Improvement, and Director of Program Support. The Department also states this bill repeals the statutes regarding educator licensing and the program’s related dedicated fund, which would eliminate the 11 classified positions and their associated salary and benefit costs within its Educational Credentialing unit; eliminate the unit’s operating expenses; and lapse the projected dedicated fund balance as of July 1, 2012 of $2,650,000 to the state general fund. The Department also states this bill repeals the school building aid program, which would eliminate the 2 classified positions and their associated salary and benefit costs related to that program, and would mean that the state would no longer be obliged to pay the program’s annual grant or the remaining outstanding liability on existing projects, the so-called ‘tail’. The Department also states this bill eliminates regulation of private post-secondary career schools in the state and the associated revenue and expenses. The Department states all of its current functions not specifically eliminated as described above would need to be accomplished by the Office of the Commissioner, and that all positions and funding not eliminated above would remain in place under the Office of the Commissioner. The Department estimates it would need an additional 4 administrator positions to operate under this new structure at an average annual salary and benefit cost of approximately $100,000 each. The Department’s estimated annual changes to state revenue and expenses are as follows:
FY 2013 FY 2014 & after
Revenue Changes
Teacher Certification Fund balance lapse to General Fund $2,650,000 $0
Eliminate Teacher Certification fees – Restricted Revenue ($1,150,000) ($1,150,000)
Eliminate Career School Licensing fees – Restricted Revenue ($150,000) ($150,000)
Subtotal – Change in Restricted Revenue ($1,300,000) ($1,300,000)
FY 2013 FY 2014 & after
Expense Changes
Bureau of Credentialing (11 classified positions) ($840,160) ($840,160)
School Building Aid (2 classified positions) ($170,786) ($170,786)
School Building Aid (annual grant; local revenue decrease) ($47,076,655) ($50,000,000)
Teacher Certification Operating Expenses ($1,053,704) ($1,053,704)
Career School Licensing Operating Expenses ($150,000) ($150,000)
4 Additional Administrator Positions $400,000 $400,000
Total Known State Expenditure Changes ($48,891,305) ($51,814,650)
The Department also states there would be a cost of an indeterminable amount related to lump sum payouts for the eliminated positions, and that this cost would bring down, the estimated savings associated with elimination of the positions.
The Department states there would also be a decrease in expenditures related to salary and benefit costs from the elimination of the 5 unclassified positions. The Department states the annual salary and benefit costs and term end dates for the 5 positions are as follows:
Position Salary/Benefits Term End Date
Deputy Commissioner ($136,335) 10/21/2013
Director of Career Tech. & Adult Learning (unfunded) ($0) 10/13/2011
Director of Program Support ($108,456) 11/08/2015
Director of Educational Improvement ($97,557) 12/11/2015
Director of Higher Education ($100,000) Vacant
The Department states it cannot provide an exact estimate of the savings associated with these positions due to any lump sum payouts associated with the elimination of these positions.
The Department also states the total outstanding school building aid liability it will no longer be obliged to pay is $435,609,715 over the life of the bonds issued in the program recipient towns. The Department estimates the decrease in state expenditures due to the discontinuation of the annual grant amount after the budgeted amount in FY 2013 of $47,076,655 to be approximately $50,000,000, as shown above. The Department states there would be corresponding decreases in local revenue as well.
