The legislature has its winter break this week and will resume the week of March 5. All of our bills have been exec’d in committees and several will likely have votes in the NH House of Representatives at their next session. Unfortunately, we had mixed results that show some Reps believe accountability is not to families, but to the state. The next step is to contact your own representatives, asking them to either support or oppose the committees’ recommendations.
This is also the start of “crossover” which is when the House and Senate trade surviving bills for another round of public hearings and exec sessions.
Below is the upcoming schedule for the next couple weeks; we include our analysis and recommendations for priority bills. As a courtesy, we list additional bills, meetings, and events relevant to education issues.
The House Finance Committee continues to hold subcommittee sessions on SB 193, the Education Savings Account bill, and we expect them to schedule an executive session soon to vote on it. Please write to the committee urging them to support this critical bill that empowers our most vulnerable children with educational opportunities. Supporters can send a note to their state representatives and House Finance members in support of ESAs with this easy email form. If you want to compose your own message, we developed tips and information; resources with links can be found in Contact Legislators re ESAs. Additional articles about ESAs regarding the financial impact, constitutionality, and effect on NH families are available in ESA Articles. Please take a few minutes to email the committee asking them to support SB 193; their email is HouseFinanceCommittee@leg.state.nh.us.
Public hearings are the best opportunity to communicate with committee members and share your opinion. The Legislative Office Building (LOB) is located immediately behind the State House at 33 N. State Street in Concord. For Senate hearings, sign the white sheet on a side table just inside the door to indicate your support or opposition for a bill, and if you intend to speak. The protocol is a little different in the House. The public may sign the blue sheet near the room entrance to indicate support or opposition to any bill; fill out a pink card if you intend to speak. If possible, provide written copies for each member plus the committee secretary. Generally, committee chairmen limit remarks to three minutes or less. Personal stories are most effective. If you are unable to attend hearings, email the committee, or better yet, call members individually and indicate if you are a constituent.
Bills may have an executive session at any time after the public hearing. This is when the committee discusses and votes on legislation; it is very influential when the entire chamber votes. Consequently, prompt action on legislation is highly recommended.
Once bills are exec’d, they are usually scheduled for a vote by the entire chamber soon after. This is when all members of the NH House or Senate will vote YEA (to support the committee’s recommendation) or NAY (to oppose the recommendation). Contact your legislators before the session day with brief, polite messages and mention you are a constituent.
Education committee members’ contact information is at the end of the article. For other committees, their group email addresses are in the analysis.
TUESDAY, MARCH 6, 2018: SENATE EDUCATION COMMITTEE, ROOM 103, LOB
Public hearings for the following bills
9:00 a.m. HB 1370, relative to a school’s emergency management plan.
9:10 a.m. HB 1551, relative to the retention of records of individualized education programs.
TUESDAY, MARCH 6 through THURSDAY, MARCH 8, 2018: HOUSE SESSION, Rep Hall, 10:00am
The current House Calendar does not specify which bills will be considered these days, but we anticipate most or all of our outstanding bills will be scheduled.
Committee vote – Inexpedient to Legislate (ITL), 20 to 0
Position – OPPOSE the bill, support ITL
Update – The House Education Committee voted to kill the bill, Inexpedient to Legislate (ITL), in a unanimous 20 to 0 vote. The bill will go on the House Consent Calendar, meaning it is unlikely to face any effort to pass the bill when the entire House votes on it. This outcome was very important to ensure its failure. Although several committee members spoke highly of the testimony presented at the public hearing and all the emails they received, a few still expressed concern for the minority of homeschoolers they believe may not receive an “adequate education.” A few representatives claimed concerns of reintegrating homeschoolers into public education are why they want more checks on homeschoolers’ academic progress even if this particular bill is not passed. Additionally, some representatives – Tamara Le, Mary Heath, Linda Tanner, and Mel Myler — specifically mentioned a desire to have wellness visits to check on homeschooling families to verify the children’s well-being. The committee intends to send a letter to the state Board of Education asking them to encourage districts to develop good relationships with their home-educating residents and use existing mechanisms to foster more cooperation (ie equal access) and address any concerns re homeschoolers “falling through the cracks” (ie truant officers and compulsory attendance laws). The letter may request that the Home Education Advisory Council (HEAC) be part of developing a process to further this objective. It is unclear what action the state BOE may take, but this definitely merits close attention. The state BOE has authority to write rules (see Ed 315) that have the same effect as homeschool laws. They also can request legislation be filed in 2019.
Information — The bill requires home-educating families to submit their year-end assessments to their local SAU superintendent, a private school that serves as their Participating Agency, or the state Department of Education. It reinstates this requirement from pre-2012. The results could no longer be kept private by the family. It also restores the Participating Agency’s authority to place a home education program on probation if a child does not meet the performance standards — a composite score at or above the 40th percentile on a standardized test or “progress commensurate with age and ability” on a teacher evaluation. If a child does not meet these expectations a second consecutive year, the program is terminated and the child must enroll in a public, charter, or private school the following school year. This is a much higher standard and severe consequence than our public schools face. It presumes homeschoolers “guilty until proven innocent” which is completely counter to our values as a society. Homeschoolers would again need to prove they provide a satisfactory education for their own children. Under current statute, concerns re educational neglect can be handled on a case-by-case basis. All NH children aged 6 to 18 are required to satisfy compulsory attendance; truancy laws already exist that apply to all, including homeschoolers. Although 700 homeschool supporters appeared at the public hearing to oppose HB 1263, there is considerable pressure to pass this unnecessary bill. The prime sponsor, Rep. Theberge, recently published his testimony in the Berlin Sun, reiterating his bogus claim of homeschoolers “falling through the cracks.” It is ignorant of the Berlin district’s dismal scores that fall short of the standards they would impose on all homeschoolers. Continue to urge the House Education Committee to reject this unfounded bill; it is a solution in search of a problem. There is more information and background on the bill available here, here, and here.
Committee vote – Interim Study
Position – SUPPORT the bill, oppose IS
Update – This bill revealed misunderstanding many employers have regarding NH’s youth employment laws that makes them reluctant to hire and offer volunteer opportunities to people under 18 years old. Most of the limitations are in federal law and apply to teens under 16 years old, but employers are cautious and don’t want to inadvertently go against those requirements so they apply them to all underage teens. While many representatives understand the challenges and want to address them, the committee was unable to get an amendment prepared before the crossover deadline. The subcommittee recommended Interim Study, which in the second year of the biennium, is a soft kill. An Interim Study recommendation is very difficult to overturn on the House floor, so this is unlikely to advance any further. However, the two sponsors, Representatives Greg Hill and Brian Seaworth, have put in tremendous effort and intend to investigate if there are other bills that may allow us to address it this year.
Information – The current youth employment law, RSA 276-A, includes several restrictions in section four regarding the hours a teen may work during the traditional school day and school year. However, homeschoolers are not required to follow the local school district schedule or calendar. This simple bill removes the limitations that are tied to traditional school hours and days. This is important because schools recognize Extended Learning Opportunities (ELOs) for course credits and it can impact students’ work-study opportunities. The NH Department of Education encourages district schools to offer ELOs to students as a way to gain “knowledge and skills through instruction or study outside the traditional classroom methodology.” Increasingly schools recognize the value of learning through apprenticeships, community service, internships, and other alternatives. Traditional public and private schools are increasingly offering ELOs as school-day educational options; the current hourly restrictions unfairly limit home-educated students.
Committee vote –Inexpedient to Legislate (ITL), 11 to 9
Position – OPPOSE the bill, support ITL
Update – This was a contentious bill and the vote went along party lines.
Information – This bill seeks to impose redundant requirements on private schools that they must already satisfy via federal laws regarding nondiscrimination and background checks. The proposed requirements also go beyond those applied to public schools; as an example, district schools do not perform background checks on all volunteers. This bill is retaliation to the Education Savings Account bill, SB 193, which already includes relevant nondiscrimination laws. Further, the bill seeks to apply these requirements to schools that accept students using tax-credit programs; however, these programs do not use public funds and are sourced via private donations from individuals and businesses. This is an intrusion in the operation of private organizations and businesses which is a dangerous precedent.
Committee vote – Interim Study, 19 to 0
Position – SUPPORT the bill, oppose IS
Update – This was a disappointment. Chairman Rick Ladd, the bill’s prime sponsor, asked the Office of Legislative Services to prepare an amendment, but because of the holiday, it was not ready before the executive session. The committee had few options, but to recommend Interim Study which kills the bill. It is our hope that the committee will honestly pursue the objectives of this bill and address the significant problems in the existing Manifest Educational Hardship statute.
Information – Families are the ones best positioned to know if a situation presents a hardship for their children. Often times, families seek options when they have concerns regarding academic fit and safety. Unfortunately, most cases of Manifest Educational Hardship (MEH) brought before local school boards are denied. Of all the cases appealed to the state Board of Education in the past 16 years, only one was reversed for the family. House Bill 1492 specifies Manifest Educational Hardship must consider “the best interest of the child” and take families’ as well as medical professionals’ recommendations into account. It also expands options school districts may utilize including “another action that may offer relief.” This bill empowers families to seek relief for their child and allows local school boards a broader consideration of MEH and ways to address those circumstances. There are chronic bullying issues in our schools that go unresolved. The state BOE heard two appeals regarding unresolved bullying situations at their November meeting, cases that dragged out for years at the local level. Because the current statute leaves it solely to district discretion to determine MEH, children are left in vulnerable and potentially dangerous situations. True accountability is to families. HB 1492 allows for more educational options within the public-school system. Read more about MEH, including two recent stories about NH families who have struggled to reach solutions for their children, in Manifest Educational Hardship is Needed Relief.
Committee vote – Interim Study, 12 to 2
Position – SUPPORT the bill, oppose IS
Update – This was the biggest frustration of the week. We videoed the continued public hearing and executive session, as promised. The videos are available on our YouTube channel.
HB 1650 continued public hearing part 1
HB 1650 continued public hearing part 2
HB 1650 exec session part 1
HB 1650 exec session part 2
HB 1650 exec session part 3
HB 1650 exec session part 4
HB 1650 exec session part 5
HB 1650 exec session part 6
The public hearing not only gave DCYF and CPS the opportunity to testify, but a member of the public did so although she did not sign up to speak at the original hearing date.
The director of DYCF was unable to attend, but sent in a letter in which he implies that only his agency is capable of handling educational-neglect concerns. That is false. SAUs are authorized to handle compulsory attendance concerns and may have truancy officers. SAUs are education professionals and are far more familiar with education laws, rules, and requirements. They also may file a Children in Need of Services (CHINS) request if needed; the bill does nothing to change that program or its availability to districts unable to resolve compliance problems. In a state DOE technical advisory effective July 2010, it specifically says “a truant officer or school official shall not file a petition alleging that the child is in need of services pursuant to RSA 169-D:2, II(a) until all steps in the school district’s intervention process under RSA 189:34, II have been followed.” In other words, SAUs and school officials are designed to be first-responders to education investigations before involving CHINS.
The advocacy director of Child and Family Services testified in opposition to the bill. He said DCYF reports have increased from 3000 in a three-month period to 5000, with roughly 5% include findings of educational neglect. Given this enormous work load and priority for protecting children’s physical welfare, it seems DCYF and CFS are overburdened and would benefit from shifting education-only issues to other agencies.
He also gave the impression that without DCYF no one would handle educational neglect concerns (video #1, mark 3:20). During questions, he reiterated the false information that DCYF is the only agency authorized to handle these issues (video #1, starting at 4:25) and created an extreme hypothetical example of parents taking opiates claiming to be homeschoolers. The CFS advocate also said that DCYF has the power, and would use it, to remove a child from the family and put him or her in foster care to force the youngster into the local district schools (video #1, mark 9:45). He said that DCYF and CFS make no distinction between educational neglect and other types of abuse and neglect.
Read that again, and let it sink in. It is particularly alarming when considered along with some representatives’ suggestion to have wellness checks on homeschoolers. (See HB 1263 above.)
This is exactly what we addressed in our testimony;
In the May 2017 HEAC minutes, Chairman Amy Gall remarked, “A family with a Down syndrome child withdrew their child to homeschool because they were concerned with behaviors the child was learning at school. They were worried that they would be reported to DCYF because they are homeschooling their special needs child.”
The January 2017 HEAC minutes reports: A family with multiple special-needs children lost their housing, began homeschooling because one child was medically fragile, and then were reported to DCYF for educational neglect.
Although the CFS advocate stated that homeschoolers are not targeted, it is not an unfounded fear. A year ago, an article was published indicating New York City homeschoolers were systematically reported to Children Protective Services for educational neglect when they filed their intent to homeschool notices.
The executive session begins in video #2. During discussion it was apparent that the committee was unclear whether or not SAUs have the authority to investigate education concerns or if it should appropriately be assigned to DCYF. Many commented that SAUs have difficulty handling truancy issues they are charged to investigate. However; DCYF needs a major “overhaul” and has mishandled many cases of abuse and neglect. Some also incorrectly said that without DCYF handling education investigations, no authority would have the power to do so.
Some representatives claimed that although DCYF is currently charged with investigating educational neglect, they are not mandatory reporters; they said reporting is made to DCYF and uni-directional; that concerns are reported to them, but they cannot initiate reports. That is grossly inaccurate. In RSA 169-C:29, mandatory reporters of child abuse explicitly includes social workers and other child or foster care workers, not only teachers, school officials, doctors, law enforcement officers, and many more people in our communities.
To address these concerns, a friendly amendment, #0783h, was proposed by one of the bill’s sponsors, Rep Dan Itse. It added a study commission that would attempt to resolve how to better equip and clarify that districts handle cases re compulsory attendance concerns. Unfortunately, the vote was a 7 to 7 tie so it failed.
The committee next motioned to send the bill to Interim Study which is a soft kill in the second year of the biennium. This motion passed in a 12 to 2 vote with only Representatives Kevin Scully and Matthew Spencer opposing it. We are working with friendly legislators to determine if there are any options to keep this bill in play; we will update if an option is possible.
Information –This simple bill removes education as a component of neglect and responsibility of the Department of Health and Human Services (DHHS). HB 1650 treats homeschool investigations the same as other educational cases which are handled by the state Department of Education and local school districts. Compliance with compulsory attendance applies to all children age 6 to 18, including homeschoolers. HB 1650 allows DCYF to focus on higher priority investigations; it removes education-only investigations from DCYF which is poorly equipped or trained to evaluate education concerns. Instead it places responsibility in the hands of the state DOE and local districts through existing compulsory education and truancy statutes. Further, it places homeschoolers on a level playing field with families who choose public or private schools. Finally, if a home-educating family is investigated for educational neglect, current statute requires them to maintain the Letters of Intent and acknowledgements from their Participating Agencies, reading logs, work samples, and year-end assessments which provide evidence against such charges. This bill does not alter investigations that go beyond educational concerns. HB 1650 takes away a big fear home-educating families face – that their children could be removed from their homes by DCYF simply because of paperwork errors or misunderstandings with education statutes. Homeschooling is not abuse and should not be treated as such. The public hearing was recessed and will continue to allow the remaining speakers to be heard. Read more in Level the Playing Field for Homeschoolers and Homeschooling is Not Neglect.
Committee vote – Ought to Pass with Amendment, 12 to 7
Position – SUPPORT the bill, support the OTP/A
Update – The prime sponsor, Rep Victoria Sullivan, introduced a friendly amendment, #0365h, at the request of the state Department of Education. It specifies the personal information about a family that refuses their child’s participation in the statewide assessment is not subject to the Right to Know law, RSA 91-A:5, III. The bill as amended passed along party lines with Rep Barbara Shaw voting with Republicans in support. We expect significant floor debate on this bill as we experienced with previous refusal bills.
Information – This bill has had three rounds before: HB 276 (2017) that died in the Senate, as well as HB 1338 (2016) and HB 603 (2015) that were vetoed by Gov. Hassan. This bill will break the stranglehold on our students and teachers. This bill is in response to increasing demand from parents to refuse their children’s participation in mandatory testing, including the statewide assessments that are aligned with College and Career Readiness Standards (aka Common Core). There are many reasons why parents may wish to have their children not participate in the statewide assessment. Given that these tests have no academic or diagnostic value, many parents believe them to be a waste of valuable instructional time. This bill addresses documented instances of NH students being harassed and punished for non-participation. The bill is consistent with existing NH DOE policies, the federal Every Student Succeeds Act (ESSA), and US Supreme Court rulings. Even the American Federation of Teachers (AFT) acknowledges that parents may refuse their children’s participation in statewide assessments. Unions also oppose using them to evaluate teachers. Unfortunately, federal ESSA only recognizes refusals if state law allows them; this bill will do exactly that. Again, accountability should be to parents, not politicians. This bill empowers parents to direct their children’s education within the public-school system. Also diminishing the hyper-testing mechanisms of Common Core will encourage educational options and variety. Read more at Children are More Than Test Scores. For information about how to refuse your child’s participation in statewide assessments, read Testing Time.
THURSDAY, MARCH 8, 2018: SENATE SESSION, Senate Chamber, 10:00am
The entire NH Senate will vote on the following bill
Committee recommendation — Inexpedient to Legislate, 3 to 2
Position – OPPOSE the bill, support the ITL
Information – This bill seeks to reverse the hard-won active consent (opt in) for non-academic surveys in SB 43 (2017). SB 431 seeks to have non-academic surveys require passive consent (opt-out) if they are tied to “grants, initiatives, or contracts.” In other words, the bill sells students’ rights and privacy for additional funding. Active consent as required in the 2017 law is consistent with the federal Protection of Pupil Rights Amendment (PPRA) and carves out an exception for the Youth Risk Behavior Survey created by the CDC which allows passive consent (opt-out). This is a school choice issue public school students should not be subject to increased risks or privacy violations nor should their parents forfeit their rights to direct their children’s education simply because children attend their zip code assigned schools. It is also one aspect of accountability to families.
WEDNESDAY, MARCH 7, 2018: STATE ADVISORY COMMITTEE on the EDUCATION OF STUDENTS WITH DISABILITIES (SAC), MONTHLY MEETING, snow date is March 14th
4:30 p.m. Department of Education, Londergan Hall, 101 Pleasant Street, Concord
Their agendas and minutes are available here.
THURSDAY, MARCH 8, 2018: STATE BOARD OF EDUCATION MONTHLY MEETING
9:00 a.m. Department of Education, Londergan Hall, room 13, 101 Pleasant Street, Concord
Their agendas and minutes are available here.
THURSDAY, MARCH 8, 2018: HOME EDUCATION ADVISORY COUNCIL (HEAC)
3:30 p.m. Department of Education, Londergan Hall, 101 Pleasant Street, Concord
Their schedule and minutes are available here.
Brief phone calls are most effective, but personalized emails directed to an individual are also helpful; mention you are a constituent.
To find your Representatives, go to “Who’s My Legislator?” Brief and polite phone calls and emails are effective, especially if you mention you are a constituent. Mass emails are far less effective, but the email for all Reps is email@example.com.
To contact the Senate Education Committee, email or call them directly. Members of senate committees do not have a shared email address.
2022 Legislation of Interest
|LSR #||Prime Sponsor||Additional Sponsors||Title|
|2022-2047||Brodie Deshaies||Patrick Long, Linda Massimilla, Dan Wolf, Bonnie Ham, James Allard||requiring parents of public school students to submit a survey when electing an education freedom account|
|2022-2103||Linda Tanner||Sherry Frost, Stephen Woodcock, Jaci Grote, Sue Mullen||relative to the state board of education rules for credit for alternative, extended learning, and work-based programs|
|2022-2145||Sallie Fellows||requiring a performance audit of the department of education, education freedom account program|
|2022-2147||Timothy Lang||Jason Osborne, Kevin Avard, Michael Moffett, Howard Pearl, Bob Greene, Michael Yakubovich, Judy Aron, Gregg Hough, Aidan Ankarberg||relative to driver education|
|2022-2166||Bill Boyd||David Watters, John Reagan, Rick Ladd, Glenn Cordelli, Mark McLean, James Spillane, Michael Moffett, Kevin Verville||relative to the definition of a child with a disability for purposes of special education|
|2022-2172||Maureen Mooney||Sharon Carson, Kenneth Weyler, Jeanine Notter, Ruth Ward, Robert Healey||relative to notice to a chartered public school of a special education services meeting|
|2022-2178||Maureen Mooney||relative to the provision of special education services by chartered public schools|
|2022-2342||Glenn Cordelli||Carol McGuire, Jason Osborne, Gregory Hill, Michael Moffett, Alicia Lekas, Tony Piemonte, Deborah Hobson||relative to eligibility for the education tax credit|
|2022-2371||Marjorie Porter||Marjorie Smith, Paul Berch, Mel Myler, Linda Tanner, Mary Heath, Patricia Cornell, Jay Kahn, Stephen Woodcock, Arthur Ellison, Sue Mullen, Suzanne Prentiss||relative to the source of funds for education freedom accounts|
|2022-2376||Glenn Cordelli||relative to special education services for children in chartered public schools|
|2022-2407||Bonnie Ham||requiring the department of education to administer the education freedom account program|
|2022-2411||Bonnie Ham||Brodie Deshaies||relative to verification of eligible students under the education freedom account program|
|2022-2416||Bonnie Ham||Brodie Deshaies||relative to funds of the education freedom account program after termination of a student's participation and responsibilities of the scholarship organization|
|2022-2515||Erica Layon||relative to student participation in the education freedom accounts program and relative to administration of the program|
|2022-2519||Patricia Cornell||Robert Renny Cushing, Marjorie Porter, Mary Heath, Arthur Ellison, Sue Mullen||relative to participation in the education freedom accounts program by students with disabilities|
|2022-2543||Erica Layon||relative to requirements for home education students|
|2022-2651||Susan Almy||relative to driver education and the driver training fund|
|2022-2739||Sue Mullen||Marjorie Porter, Mel Myler, Mary Heath, Patricia Cornell, Stephen Woodcock, Arthur Ellison, Catherin Rombeau||relative to education service providers under the education freedom accounts program|
|2022-2757||Linda Tanner||relative to unique pupil identification for pupils in the education freedom accounts program|
|2022-2774||David Luneau||relative to eligibility criteria for education freedom accounts|
|2022-2775||David Luneau||relative to misuse of education freedom account funds|
|2022-2776||David Luneau||Marjorie Smith, Richard Ames||relative to liability as taxable income of education freedom account payments|
|2022-2777||David Luneau||relative to transfers of adequate education grants under the education freedom account program|
|2022-2778||David Luneau||repealing the education freedom account program|
|2022-2779||David Luneau||authorizing any taxpayer to initiate a private cause of action for misuse or fraud involving education freedom account funds|
|2022-2780||David Luneau||limiting education freedom account funding to budgeted amounts|
|2022-2782||David Luneau||requiring the scholarship organization to refer suspected cases of misuse of funds or fraud in the education freedom account program to the attorney general|
|2022-2811||Patricia Cornell||Robert Renny Cushing, Mel Myler, Mary Heath, Arthur Ellison, Sue Mullen||relative to record of educational attainment under the educational freedom account program|
|2022-2812||Patricia Cornell||Marjorie Porter, Suzanne Vail, Mary Heath, Constance Van Houten, Sue Mullen||relative to education service providers under the education freedom account program|
|2022-2814||Alicia Lekas||relative to student eligibility under the education freedom account program|
|2022-2818||Gregory Hill||Kenneth Weyler, Rick Ladd, Glenn Cordelli||establishing an education freedom account program administrator in the department of education and making an appropriation therefor|
|2022-2834||Marjorie Porter||Mel Myler, Stephen Woodcock, Arthur Ellison, Sue Mullen||prohibiting the department of education and the state board of education from directing or limiting school instructional options, such as remote learning|
|2022-2853||David Watters||relative to dual and concurrent enrollment for career technical education center students|
|2022-2921||Jay Kahn||relative to the authority to offer multiple education instruction options|
|2022-2978||Jay Kahn||Lou D'Allesandro, David Watters, Donna Soucy, Kevin Cavanaugh, Tom Sherman, Cindy Rosenwald, Suzanne Prentiss, Rebecca Whitley, Rebecca Perkins Kwoka||repealing the education freedom account program|
|2022-2999||Tom Sherman||Lou D'Allesandro, David Watters, Donna Soucy, Marjorie Smith, Mel Myler, David Luneau, Jay Kahn, Kevin Cavanaugh, Cindy Rosenwald, Suzanne Prentiss, Rebecca Whitley, Rebecca Perkins Kwoka||relative to participation in the education freedom account program|
To contact the entire House Education Committee, you may send one email to HouseEducationCommittee@leg.state.nh.us. At the bottom we’ve supplied a list of the committee members’ emails for an easy copy/paste. Not all members have an email address.
2021 Home Education Enrollment