Revision: March 29, 2012, midnight
HB 1360 – AS AMENDED BY THE HOUSE
1Feb2012… 0389h
28Mar2012… 1321h
2012 SESSION
HOUSE BILL 1360
AN ACT relative to the rulemaking authority of the state board of education.
SPONSORS: Rep. Balboni, Hills 21; Rep. L. Ober, Hills 27
This bill:
I. Amends the membership and duties of the oversight committee established in RSA 193-C:7.
II. Requires the department of education and state board of education to notify the members of the house and senate education committees and the members of the oversight committee established in RSA 193-C:7 of all efforts to revise the curriculum frameworks to ensure that proposed changes conform with legislative policy.
III. Establishes a procedure for the adoption of rules by the state board of education.
IV. Requires the state board of education to adopt rules relative to all curriculum frameworks and technical advisories, including all requirements included on a school approval checklist.
V. Requires the house and senate education committees to meet jointly during 2013 to review all state board of education rules.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
1Feb2012… 0389h
28Mar2012… 1321h
12-2187
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the rulemaking authority of the state board of education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Oversight Committee; Membership and Duties. Amend RSA 193-C:7 and 8 to read as follows:
193-C:7 Legislative Oversight Committee. An oversight committee shall be established consisting of:
I. The chairperson of the house education committee, or a designee.
II. The chairperson of the senate education committee, or a designee.
III. [One member] Two members of the house of representatives, at least one of whom shall be a member of the education committee, appointed by the speaker of the house.
IV. One member of the senate, appointed by the senate president.
[V. One member of the house finance committee, appointed by the speaker of the house.
VI. One member of the senate finance committee, appointed by the senate president.]
193-C:8 Duties of the Legislative Oversight Committee. The committee shall:
I. Review the development and implementation of the [school performance and accountability program set forth in RSA 193-H to ensure compliance with state and federal law. Implementation of the program shall be in conjunction with the committee’s review] school approval and student proficiency standards and curriculum guidelines.
II. [Review the provisions of RSA 193-H and] Submit a report [of such review] on all of its activities annually to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees.
III. Propose legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter and under RSA 193-H, including any changes necessitated by federal law.
IV. Confer with the commissioner and the state board of education to identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability.
V. Analyze existing department of education programs and initiatives which support improved school performance and accountability.
VI. Receive reports from the commissioner regarding the status of public education in New Hampshire, updates on the improvement made by local school districts toward achieving satisfactory progress in statewide student performance under RSA 193-H:2 and status reports on the on-going issues and implications of school accountability at the state and federal level. Reports by the commissioner shall occur at least once annually or more frequently as needed, as determined by the committee and the commissioner.
VII. Review and approve statewide performance targets required under RSA 193-H:2 developed by the department of education and recommended to the legislative oversight committee by the state board of education.
VIII. Receive reports from the state board of education including rules recommended by the department to be adopted by the state board of education under RSA 541-A relative to statewide performance targets required under RSA 193-H:2. The legislative oversight committee shall propose legislation to be submitted to establish such statewide performance targets in state statute during the legislative session following the approval of any recommendations which the state board of education is required to make.
IX. Review the unique pupil identification system established in RSA 193-E:5 and propose legislation needed as a result of the review.
X. Review the implementation and results of the program relative to accountability for the opportunity for an adequate education established in RSA 193-E, consult and receive reports on such program, evaluate and review existing and emergent performance-based measurement tools, and propose legislation for improvements to the accountability program, as necessary.
XI. Review the development and implementation of all curriculum frameworks and technical advisories, including all requirements included on a school approval checklist.
2 Substantive Educational Content of an Adequate Education. Amend RSA 193-E:2-a, V to read as follows:
V. The general court requires the state board of education and the department of education to institute procedures for maintaining, updating, improving, and refining curriculum frameworks for each area of education identified in paragraph I. The house and senate education committees and the oversight committee established in RSA 193-C:7 shall be notified of all efforts to revise the curriculum frameworks to ensure that proposed changes conform with legislative policy. The curriculum frameworks shall present educational goals, broad pedagogical approaches and strategies for assisting students in the development of the skills, competencies, and knowledge called for by the academic standards for each area of education identified in paragraph I. The curriculum frameworks shall serve as a guide and reference to what New Hampshire students should know and be able to do in each area of education. The frameworks do not establish a statewide curriculum. It is the responsibility of local teachers, administrators, and school boards to identify and implement approaches best suited for the students in their communities to acquire the skills and knowledge included in the frameworks, to determine the scope, organization, and sequence of course offerings, and to choose the methods of instruction, the activities, and the materials to be used.
3 New Section; Administrative Procedures Act; Procedure for Adoption of State Board of Education Rules. Amend RSA 541-A by inserting after section 3-b the following new section:
541-A:3-c Procedure for Adoption of State Board of Education Rules. In addition to the procedures outlined in RSA 541-A:3, the state board of education shall send an electronic copy of all proposed rules to the chairpersons of the house and senate education committees for distribution to the members of their committees. The house and senate education committee members may review the proposed rules and submit comments to the board. All committee comments may be sent to the board via e-mail and shall be delivered so as to be received by the board no later than the deadline for public comment period specified in the rulemaking notice. If the board does not receive notice from the education committees by the end of the public comment period, the board may proceed with the rulemaking process.
4 New Subparagraph; Department of Education; Rulemaking. Amend RSA 21-N:9, II by inserting after subparagraph (bb) the following new subparagraph:
(cc) All curriculum frameworks and technical advisories, including all requirements included on a school approval checklist. All frameworks and advisories adopted under this subparagraph shall be exempt from the requirements of RSA 541-A:8.
5 Joint Meeting of Committees. Between January 1, 2013 and December 31, 2013, the house and senate standing committees with jurisdiction over education shall meet jointly to review all state board of education rules and shall prepare and submit a report with recommendations to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library.
6 Effective Date. This act shall take effect 60 days after its passage.