SJR1 (2020) Detail

Prohibiting the implementation of certain rules of the board of education.


SJR 1  - AS INTRODUCED

 

 

2020 SESSION

20-3086

10/05

 

SENATE JOINT RESOLUTION 1

 

A RESOLUTION prohibiting the implementation of certain rules of the board of education.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Fuller Clark, Dist 21; Sen. Watters, Dist 4; Rep. Luneau, Merr. 10

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This joint resolution prohibits the implementation of rules of the board of education contained in Final Proposal 2019-5.

 

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20-3086

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

A RESOLUTION prohibiting the implementation of certain rules of the board of education.

 

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

 

Whereas, the New Hampshire board of education (board) proposed rules in Final Proposal 2109-5 containing rules Ed 1400 relating to the Learn Everywhere Program for high school graduation credit; and

Whereas, on October 17, 2019, the joint legislative committee on administrative rules (committee) voted, pursuant to RSA 541-A:13, V(f), to enter a final objection to Final Proposal 2019-5 as amended in the Objection Response of the board of education; and

Whereas, the committee objected that Ed 1407.02(a) was, pursuant to committee rules 402.02(a) and 402.01(b), contrary to legislative intent, respectively, by violating the specific statute RSA 193-E:2-a, V(a) and the more general statutory purpose clause RSA 193-E:1, II; and

Whereas, the committee concluded that the statutory intent of both RSA 193-E:1, II and RSA 193-E:2-a, V(a) was to create a system of separate authority where the board mandates the minimum standards for graduation, and the local school districts maintain the specific curriculum which dictates the credit needed for those minimum standards for graduation.  The proposed rule Ed 1407.02(a), in requiring a school district to accept completion certificates for up to 1/3 of graduation credits from a Learn Everywhere Program, violates the statutes because it requires the school district to grant credit for curriculum it has not approved; and

Whereas, the committee objected that Ed 1400 as a whole, pursuant to committee rule 402.01(c), was contrary to legislative intent to the extent that Ed 1400 violates the overall purpose of RSA 193-E because the statute delegates to school districts the responsibility for the specific curriculum for which credit is granted; and

Whereas, the committee objected that Ed 1407.02(a) was, pursuant to committee rule 401.01(c), beyond the board’s authority because RSA 193-E:2-a, V(b) does not give the board authority to require a school district to grant credit for programs or courses when the school district did not itself approve the curriculum; and

Whereas, on October 17, 2019 the introduction of a joint resolution was entered; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court of the state of New Hampshire hereby prohibits the board of education from adopting Ed 1400 as contained in Objection Response 2019-5; and

That the general court shall clarify RSA 193-E by legislation that (1) the rulemaking authority of the board of education in RSA 193-E:2-a, V(b) does or does not give the board authority to require that school districts grant credit for courses or programs when the district did not itself approve the curriculum and (2) that RSA 193-E:2-a, V(b) therefore does or does not authorize the board to require a school district to accept the credit if it chose not to.

Links

SJR1 at GenCourtMobile
SJR1 Discussion

Action Dates

Date Body Type
March 17, 2020 House Hearing
June 9, 2020 House Hearing

Bill Text Revisions

SJR1 Revision: 8093 Date: Feb. 6, 2020, 12:58 p.m.

Docket

Date Status
Feb. 6, 2020 Sen. Feltes Moved Introduction; MA, VV; 02/06/2020; SJ 3
Feb. 6, 2020 Sen. Kahn Moved Ought to Pass; 02/06/2020; SJ 3
Feb. 6, 2020 Ought to Pass: RC 15Y-8N, MA; OT3rdg; 02/06/2020; SJ 3
Feb. 20, 2020 Introduced 02/20/2020 and referred to Education
March 17, 2020 ==CANCELLED== Public Hearing: 03/17/2020 10:00 am LOB 207
June 9, 2020 Public Hearing: 06/09/2020 01:00 pm Members of the public may attend using this link: https://www.zoom.us/j/99271793737
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 3
Died on Table