HB 219 – AS AMENDED BY THE HOUSE
5Jan2012… 2755h
2011 SESSION
04/01
HOUSE BILL 219
AN ACT restricting the rulemaking authority of the state board of education and establishing a legislative oversight committee to review the rulemaking authority of the state board of education.
SPONSORS: Rep. Sova, Graf 10; Rep. Winter, Merr 3; Rep. LaCasse, Sull 4
This bill restricts certain rulemaking authority of the state board of education and establishes a legislative oversight committee to review the rulemaking authority of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Jan2012… 2755h
11-0317
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT restricting the rulemaking authority of the state board of education and establishing a legislative oversight committee to review the rulemaking authority of the state board of education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Performance and Accountability; Local Improvement Plan. Amend RSA 193-H:4, II(b) to read as follows:
(b) If the state board does not approve a corrective action plan in accordance with subparagraphs I(a) or II(a), or upon the state board’s adoption of a progress review team recommendations, the commissioner of education shall work with the school or school district to revise the corrective action plan. If the school or school district does not revise the corrective action plan within 60 days or the state board does not approve the revised corrective action plan, then the commissioner of education shall submit in a timely manner a corrective action plan, including methods for implementing it, to the state board for approval. [The state board shall direct the school board to implement the plan pursuant to RSA 186:5.]
2 State Board of Education; Compliance With Federal Provision and Standards. Amend RSA 186:6 to read as follows:
186:6 Compliance With Federal Provisions and Standards. The state board [may also make the regulations] shall only adopt those rules necessary to enable the state to comply with the minimum provisions and standards of any law of the United States [intended to promote vocational or other education, to abolish illiteracy and Americanize immigrants, to equalize educational opportunities, to promote physical health and recreation, and to provide an adequate supply of trained teachers] regarding elementary and secondary education and special education. The state board, with prior approval by majority vote of both houses of the general court, may adopt rules pursuant to RSA 541-A which exceed the minimum provisions and standards for any educational program required by federal law.
3 New Section; State Board of Education; Legislative Oversight Committee Established. Amend RSA 186 by inserting after section 8 the following new section:
186:8-a Legislative Oversight Committee to Review the Rulemaking Authority of the State Board of Education.
I. There is hereby established a legislative oversight committee to review the rulemaking authority of the state board of education. The committee shall consist of the following members:
(a) Five members of the house of representatives, 3 of whom shall be from the education committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate, one of whom shall be from the education committee, appointed by the senate president.
II. Members of the committee shall receive mileage at the legislative rate while attending to the duties of the committee.
III. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
IV. The committee shall meet at least once every 3 years and shall:
(a) Study and review all rules adopted by the state board of education pursuant to RSA 541-A to determine if the rules have an appropriate basis in statutory authority and whether the rules in effect are in need of revision for any reason.
(b) Review school district reporting requirements imposed by the state board of education and the department of education to determine if such requirements are relevant, practical, and cost-effective, and to recommend changes to such requirements as the committee deems proper.
(c) Review the following statutes:
(1) RSA 21-N:6, V, relative to standards for approving elementary and secondary schools.
(2) RSA 21-N:9, I, relative the authority of the state board of education to adopt rules relative to minimum standards for elementary and secondary schools.
(3) RSA 186:5, relative to the powers of the state board of education.
(4) RSA 186:8, I, relative to the state board of education’s rulemaking authority to adopt minimum curriculum and educational standards for public schools.
(d) Propose legislation as deemed necessary to address any issues that may arise with regard to the rulemaking authority of the state board of education.
4 Notice of Modification or Expiration of Rules. The state board of education shall notify school districts of the modification or expiration of any rules.
5 Effective Date. This act shall take effect 60 days after its passage.