HB721 (2005) Detail

Prohibiting the department of education and the state board of education from adopting a definition of an adequate education.


HB 721 – AS AMENDED BY THE HOUSE

30Mar2005… 0799h

2005 SESSION

05-1065

04/09

HOUSE BILL 721

AN ACT prohibiting the department of education and the state board of education from adopting a definition of an adequate education.

SPONSORS: Rep. Hess, Merr 9; Rep. O'Neil, Rock 15; Rep. Giuda, Graf 5; Rep. Patten, Carr 4

COMMITTEE: Education

ANALYSIS

This bill prohibits the department of education and the state board of education from proposing or adopting rules which purport to define an adequate 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0799h

05-1065

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT prohibiting the department of education and the state board of education from adopting a definition of an adequate education.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Purpose. The general court hereby finds that:

I. The New Hampshire supreme court stated in Claremont School District, et. al v. Governor, et. al, (Claremont II) that “it is for the legislature and the Governor to “fulfill their responsibility with respect to defining the specifics of, and the appropriate means to provide through public education, the knowledge and learning essential to the preservation of a free government.” Claremont I, 138 N.H. at 193, 635 A.2d at 1381. Thus, in the first instance, it is the legislature’s obligation, not that of individual members of the board of education, to establish educational standards that comply with constitutional requirements.”

II. Moreover, the New Hampshire supreme court in Claremont School District, et. al v. Governor, et. al, held that “the responsibility for ensuring the provision of an adequate public education and an adequate level of resources for all students in New Hampshire lies with the State.” 142 N.H. at 475-476.

III. The use of minimum standards for public school approval, as adopted by the state board of education, as a definition for an adequate education has been considered and rejected on many occasions by the general court.

IV. The general court and governor have the power to define a constitutionally adequate education, and therefore any rules proposed or adopted by the department of education or the state board of education which purport to define an adequate education would be unconstitutional and null and void ab initio.

2 Department of Education; Rulemaking. RSA 21-N:9, I is repealed and reenacted to read as follows:

I.(a) Subject to the limitations set forth in this paragraph, the state board of education shall adopt rules, pursuant to RSA 541-A, relative to minimum curriculum and educational standards for all grades of the public schools as defined in RSA 189:25 and RSA 194:23.

(b) The state board of education may propose rules to update or change the minimum curriculum and educational standards for public schools, to the extent deemed necessary by the state board, provided that any such updates or changes are ratified by the adoption of appropriate legislation within one year of the proposal of such rules.

(c) The state board of education shall not propose or adopt any rule under RSA 541-A purporting to establish a definition of an adequate education or the substantive elements of an adequate education.

3 State Board of Education; Rulemaking Authority. Amend RSA 186:8, I to read as follows:

I. Minimum curriculum and educational standards for all grades of the public schools. The minimum curriculum and educational standards adopted by the state board of education shall not constitute a definition of an adequate education. The state board of education shall not propose or adopt rules under RSA 541-A purporting to establish a definition of an adequate education or the substantive elements of an adequate education.

4 Adequate Public Education; Criteria for an Adequate Education. Amend RSA 193-E:2 to read as follows:

193-E:2 Criteria for an Adequate Education.

I. An adequate education shall provide all students with the opportunity to acquire:

[I.] (a) Skill in reading, writing, and speaking English to enable them to communicate effectively and think creatively and critically.

[II.] (b) Skill in mathematics and familiarity with methods of science to enable them to analyze information, solve problems, and make rational decisions.

[III.] (c) Knowledge of the biological, physical, and earth sciences to enable them to understand and appreciate the world around them.

[IV.] (d) Knowledge of civics and government, economics, geography, and history to enable them to participate in the democratic process and to make informed choices as responsible citizens.

[V.] (e) Grounding in the arts, languages, and literature to enable them to appreciate our cultural heritage and develop lifelong interests and involvement in these areas.

[VI.] (f) Sound wellness and environmental practices to enable them to enhance their own well-being, as well as that of others.

[VII.] (g) Skills for lifelong learning, including interpersonal and technological skills, to enable them to learn, work, and participate effectively in a changing society.

II. The state board of education shall not propose or adopt rules under RSA 541-A purporting to establish a definition of an adequate education or the substantive elements of an adequate education.

5 Effective Date. This act shall take effect upon its passage.

Links

HB721 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB721 Revision: 9117 Date: Jan. 21, 2010, midnight

Docket