Bill Text: NH HB765 | 2025 | Regular Session | Introduced
Bill Title: Consolidating school administrative units and making school superintendents jobs an elected position.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced) 2025-02-05 - Public Hearing: 02/10/2025 10:45 am Legislative Office Building 205-207 [HB765 Detail]
Download: New_Hampshire-2025-HB765-Introduced.html
HB 765-FN-LOCAL - AS INTRODUCED
2025 SESSION
25-1156
07/09
HOUSE BILL 765-FN-LOCAL
SPONSORS: Rep. D. McGuire, Merr. 14; Rep. Cordelli, Carr. 7; Rep. Weyler, Rock. 14; Rep. Lynn, Rock. 17; Rep. Tierney, Coos 1; Rep. Colcombe, Hills. 30; Sen. Sullivan, Dist 18; Sen. Ward, Dist 8; Sen. Murphy, Dist 16
COMMITTEE: Education Policy and Administration
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ANALYSIS
This bill:
I. Consolidates the authority and duties of school administrative units.
II. Empowers school boards to develop, evaluate, and implement school curriculums.
III. Makes school superintendents elected officials.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1156
07/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 The State and Its Government; Pooled Risk Management Programs; Definitions. Amend RSA 5-B:2, III to read as follows:
III. "Political subdivision" means any city, town, county, school district, chartered public school, village district, [school administrative unit,] or any district or entity created for a special purpose administered or funded by any of the above-named governmental units.
2 Counties; Powers, Buildings, and Payment of Salaries; Establishing Compensation. Amend RSA 23:7 to read as follows:
23:7 Establishing Compensation.
I. Every county convention shall have the power to establish salaries, benefits and other compensation paid to elected county officers including the county attorney, sheriff, register of deeds, treasurer, [and] county commissioners, and school superintendents. For the purposes of this section, "compensation" shall include salary, longevity pay, vacation and sick pay, allowances, and all other payments made by the county to its officers, plus the fair market value of any compensation paid in kind if reportable as income for federal income tax purposes, plus all fringe benefits that may be provided including health insurance and retirement, and may also include an upper limit on the amount of mileage and out-of-pocket expenditures reimbursable to each officer.
II. Said compensation shall be established biennially by the county convention prior to the filing date required under RSA 655:14 for the elected offices listed in this section, upon recommendation of the executive committee which shall remain in effect during their term of office.
III. Notwithstanding any other provision of law to the contrary, in counties in which any of the officers listed in this section receive fees or mileage, or both, for services performed by them as part of their compensation, the county convention may put such officer on a salary and expenses basis. Such officer may be required to continue to collect the usual fees and mileage for the service performed and to pay over all such fees and mileage to the county treasurer for the use of the county. In such event, the amount such officer received in fees and mileage, less expenses, shall be included in determining the minimum at which his salary may be established unless a lesser amount is agreed upon by the incumbent officer at that time.
IV. In no case shall the salary or other compensation of any of such officers be established at a lesser amount than that which was in effect December 31, 1972.
3 Counties; County Commissioners; Competitive Bidding on Purchases. Amend RSA 28:8, I to read as follows:
I. The provisions of this section shall apply to all counties in the state and the offices of county sheriff, county attorney, county treasurer, [and] register of deeds, and school superintendents.
4 Counties; Annual Reports of County Officers; Reports; Publication; Penalty. Amend RSA 30:1 to read as follows:
30:1 Reports; Publication; Penalty. The sheriff, the superintendent of the county department of corrections, the county attorney, the treasurer, the county commissioners, [and] the superintendents of the county farms, and the school superintendents shall make up their several reports to the close of the county's fiscal year annually, and the same shall be printed together in pamphlet form before or during the sixth month following the close of the county's fiscal year. Whoever violates any provision of this section shall be guilty of a violation, and the fine shall be paid to the treasurer of the county of which said person is an official.
5 Towns, Cities, Village Districts, and Unincorporated Places; Powers and Duties of Towns; Indemnification for Damages. Amend RSA 31:105 to read as follows:
31:105 Indemnification for Damages. A city, town, county, village district or precinct, school district, chartered public school, [school administrative unit,] or any other municipal corporation or political subdivision may by a vote of the governing body indemnify and save harmless for loss or damage occurring after said vote any person employed by it and any member or officer of its governing board, administrative staff or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officers, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office.
6 Towns, Cities, Village Districts, and Unincorporated Places; Powers and Duties of Towns; Indemnification; Civil Rights Suits. Amend RSA 31:106 to read as follows:
31:106 Indemnification; Civil Rights Suits. All cities, towns, counties, village districts and precincts, school districts, chartered public schools, [school administrative units,] and other municipal corporations and political subdivisions shall indemnify and save harmless any person employed by it and any member or officer of its governing board, administrative staff, or agencies including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officials, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of any act or omission constituting a violation of the civil rights of an employee, teacher or student, or any other person under any federal law if such act or omission was not committed with malice, and if the indemnified person at the time of such act or omission was acting within the scope of employment or office.
7 Towns, Cities, Village Districts, and Unincorporated Places; Municipal Budget Law; Other Committees. Amend RSA 32:24 to read as follows:
32:24 Other Committees. Nothing in this subdivision shall prevent a municipality [or school administrative unit] from establishing advisory budget or finance committees, with such duties and powers as the municipality [or school administrative unit] sees fit, but no such committee's recommendations shall have any limiting effect on appropriations, as set forth in RSA 32:18, unless all the procedures in this subdivision are followed.
8 Towns, Cities, Village Districts, and Unincorporated Places; Agreements Between Government Units; Public Agency Defined. Amend RSA 53-A:2 to read as follows:
53-A:2 Public Agency Defined. For the purposes of this chapter, the term "public agency" shall mean any political subdivision of this state or of any adjoining state and any quasi-municipal corporation, including but not limited to school districts, [school administrative units,] village districts, regional water districts, and special districts.
9 Towns, Cities, Village Districts, and Unincorporated Places; Agreement Between Government Units; Joint Exercise of Powers. Amend the introductory paragraph of RSA 53-A:3 to read as follows:
Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised jointly with any other public agency of this state. Such authority shall include, but not be limited to, the power to enter into agreements to share tax revenues resulting from local economic development efforts and with respect to cities, towns, counties, and school districts, [and school administrative units,] the power to form the entities and conduct the activities provided for in RSA 162-G and RSA 31:134 through RSA 31:149, and/or the appropriate activities, including but not limited to, conducting financial, human resource, information technology, and other managerial and administrative functions related to the operation of the participating agencies as provided for in RSA 31, RSA 37, and RSA 194-C:4 as well as city charters adopted under RSA 49-C and town charters adopted under RSA 49-D.
10 Public Officers and Employees; Access to Governmental Records and Meetings; Definitions. Amend RSA 91-A:1-a, V to read as follows:
V. "Public agency" means any agency, authority, department, or office of the state or of any county, town, municipal corporation, school district, [school administrative unit,] chartered public school, or other political subdivision.
11 Public Officers and Employees; Access to Governmental Records and Meetings; Definitions. Amend RSA 91-A:1-a, VI (d) and (e) to read as follows:
(d) Any legislative body, governing body, board, commission, committee, agency, or authority of any county, town, municipal corporation, school district, [school administrative unit,] chartered public school, or other political subdivision, or any committee, subcommittee, or subordinate body thereof, or advisory committee thereto.
(e) Any corporation that has as its sole member the state of New Hampshire, any county, town, municipal corporation, school district, [school administrative unit,] village district, or other political subdivision, and that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code
12 Public Officers and Employees; Public Employee Freedom of Expression; Definition. Amend RSA 98-E:1-a to read as follows:
98-E:1-a Definition. In this chapter, "public employee" includes any person employed by the state or any subdivision thereof, including, but not limited to counties, cities, towns, precincts, water districts, and school districts[, and school administrative units].
13 Public Officers and Employees; New Hampshire Retirement System; General Conditions for Participation. Amend RSA 100-A:20, I to read as follows:
I. The governing board of any county, city, town, school district, [school administrative unit] or other political subdivision of the state may, by resolution legally adopted, in form approved by the board of trustees, elect to have its officers and employees become eligible to participate in the retirement system. After such election, such body shall be known as an employer for purposes of this chapter. The board of trustees shall set the date when the participation of the officers and employees of any employer shall become effective, and then such officers and employees may become members and participate herein, as provided in this subdivision. Notwithstanding anything to the contrary, employees of any employer who are members of one or more of the predecessor systems and who have not elected, pursuant to RSA 100-A:3, to become members shall not be entitled to become members; and employees who are members of any local retirement system other than a local retirement system for teachers shall be entitled to become members only as provided in RSA 100-A:21. "Local retirement system" for purposes of this subdivision shall mean any retirement system or other arrangement for the payment of retirement benefits in existence at the time of passage of this chapter, which is supported wholly or in part by public funds, exclusive of the predecessor systems as defined in RSA 100-A:1.
14 Public Officers and Employees; Old Age and Survivors' Insurance; Definitions. Amend RSA 101:2, VI to read as follows:
VI. The term "political subdivision" includes an instrumentality of a state, of one or more of its political subdivisions, or of a state and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision[. Said term also includes a school administrative unit];
15 Public Health; Communicable Disease; Medical Freedom in Immunizations. Amend RSA 141-C:1-a, I to read as follows:
I. Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization. Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, or any political subdivision thereof, including but not limited to counties, cities, towns, precincts, water districts, school districts, [school administrative units,] or quasi-public entities.
16 Education; Pre-Engineering and Technology Curriculum and Pre-Engineering and Technology Advisory Council; Membership and Terms. Amend RSA 188-E:16, I(f) to read as follows:
(f) Three [superintendents from school administrative units in] school administrators, among which at least one school offers a pre-engineering and technology curriculum to its students, appointed by the governor and council.
17 New Paragraphs; Education, School Boards, Transportation, and Instruction of Pupils; Duty to Provide Education. Amend RSA 189:1-a by inserting after paragraph IV the following new paragraphs:
V. School boards shall develop, review, and evaluate curriculum, and coordinate the implementation of various curriculums.
VI. School boards shall oversee the administration and provisions of:
(a) Educational services to students at school facilities, including the designation of number, grade, and age levels, and, as applicable, other information about students to be served;
(b) Pupil governance and discipline, including age-appropriate due process procedures;
(c) Fiscal affairs;
(d) Staff, student, and parental safety;
(e) Maintenance and building issues; and
(f) Dealing with citizens at large.
18 Education; School Boards, Superintendents, Teachers, and Truant Officers; School Census; How Chosen. Amend RSA 189:39 to read as follows:
189:39 How Chosen. [Superintendents] School administrators shall nominate and school boards elect all teachers employed in the schools in their school administrative unit, providing such teachers hold a valid educational credential issued by the state board of education.
19 Education; School Boards, Superintendents, Teachers, and Truant Officers; School Census; Mandatory Report to Voters. Amend RSA 189:76, I to read as follows:
I. Before any meeting at which any school district adopts a school budget, [whether or not the district has adopted the provisions of RSA 194-C:9-b,] a mandatory report to voters must be posted in at least 3 appropriate places, 2 of which must be places of business or other public locations, and one of which shall be the local newspaper or, if a local newspaper is not available, the district's website. The report must be posted at least 7 days, excluding Sundays and legal holidays, prior to the meeting.
20 Education; School Boards, Superintendents, Teachers, and Truant Officers; School Census; Mandatory Report to Voters. Amend RSA 189:76, IV to read as follows:
IV. The third line graph shall be titled "Administrator Salaries" and shall display annual totals of all salaries paid to administrators employed or contracted by the district [and corresponding school administrative unit] over the previous 10 years. Administrators serving multiple districts may have annotation showing how their salary is apportioned among the multiple districts. A good faith effort shall be made to adjust each annual statistic for inflation using the U.S. Bureau of Labor Statistics Inflation Calculator or an equivalent resource. Each yearly total shall be clearly labeled. The upper and lower boundaries of the y-axis must be capped at the nearest hundred thousand dollars.
21 Education; School Boards, Superintendents, Teachers, and Truant Officers; School Census; Mandatory Report to Voters. Amend RSA 189:76, V to read as follows:
V. The table shall be titled "Top Administrator Salaries" and shall list the titles and current salaries of the 4 highest-paid administrators employed or contracted by the district [or corresponding school administrative unit]. If less than 4 administrators are so employed, all administrators shall be so listed.
22 Education; School Boards, Superintendents, Teachers, and Truant Officers; School Census; Mandatory Report to Voters. Amend RSA 189:76, VI to read as follows:
VI. Other than the name and logo of the district [and corresponding school administrative unit], the mandatory report to voters shall not contain additional commentary or other text not described in this subdivision. Additional information may be posted on separate pages together with or alongside the mandatory report to voters.
23 Education; Pupils; Parents as Teachers Program Established. Amend RSA 193:35, I to read as follows:
I. The department of education shall establish the school district based Parents as Teachers Program for a rural community in Sullivan county in cooperation with [School Administrative Unit 6] Sullivan County's school administrative unit and the Parent Information Center. Sullivan county will be the rural site for the program because of its unique demographic profile, including the high number of risk factors affecting its children, the demonstrated interest of its public officials in the program, and the capacity to link the program to existing programs within the county including Good Beginnings, the Parent Information Center, and department of education programs in Sullivan county. The department shall use the following criteria to measure the effectiveness of the program:
24 Education; School Administrative Units; Status. RSA 194-C:1 is repealed and reenacted to read as follows:
194-C:1 Definitions.
I. "Superintendent" or "school superintendent" means the city or county official elected pursuant to RSA 653:1, VII.
II. "School administrative unit” means the city or county department overseen by the school superintendent.
25 Education; School Administrative Units; Single District School Administrative Units. RSA 194-C:3 is repealed and reenacted to read as follows:
194-C:3 Interstate School Administrative Units; Exemption. Interstate school districts and compacts created by RSA 200-B and RSA 200-F shall be exempt from this chapter.
26 Education; School Administrative Units; Superintendent Services. RSA 194-C:4 is repealed and reenacted to read as follows:
194-C:4 Superintendent Services. Each school administrative unit shall provide the following superintendent services:
I. Governance, organizational structure, and implementation of administrative services including, but not limited to:
(a) Payroll, cash flow, bills, records and files, accounts, reporting requirements, funds management, audits, and coordination with the treasurer, and advisory boards on policies necessary for compliance with all state and federal laws regarding purchasing.
(b) Recruitment, supervision, and evaluation of staff; labor contract negotiation support and the processing of grievances; arrangement for mediation, fact finding, or arbitration; and management of all employee benefits and procedural requirements.
(c) Provisions of staff training and professional development, and development and recommendation of policies and practices necessary for compliance relating to curriculum and instruction.
(d) Compliance with laws, regulations, and rules regarding special education, Title IX, the Americans with Disabilities Act, home education, minimum standards, student records, sexual harassment, and other matters as may from time to time occur.
(e) Pupil achievement assessment through grading and state and national assessment procedures and the methods of assessment to be used.
(f) The on-going assessment of district needs relating to student population, program facilities, and regulations.
(g) Writing, receiving, disbursement, and the meeting of all federal, state, and local compliance requirements.
(h) Oversight of the provision of insurance, appropriate hearings, litigation, and court issues.
(i) Recommendations to school boards regarding school board operations and the relationship between the board and the district administration.
(j) Recommendations to school boards on administration and provision of educational services to students including, but not limited to, fiscal affairs; staff, student, and parent safety and building issues; and dealing with citizens at large.
(k) Recommendations to school boards on the usage and maintenance of school facilities.
(l) Recommendations to school boards on pupil governance and discipline, including age-appropriate due process procedures.
(m) Administrative staffing.
(n) Pupil transportation.
(o) Grant writing, compliance, and administration.
(p) Annual budget, inclusive of all sources of funding.
(q) School calendar arrangements in cooperation with school boards and the number and duration of days pupils are to be served pursuant to RSA 189:1.
(r) Identification of consultants to be used for various services.
27 Education; School Administrative Units; Organization and Duties. RSA 194-C:5 is repealed and reenacted to read as follows:
194-C:5 Superintendents.
I. The state board of education may establish certification requirements for superintendents in smaller and larger districts, and may designate services in addition to those established in RSA 194-C:4.
II. No school administrative unit shall enter into a contract prior to January 1, 2026, where the terms, parties affected, or services provided by the contract extend beyond June 30, 2027.
III. Any party harmed by changes to, or consolidation of, school administrative units shall be entitled only to monetary damages. No party may file suit against this state or any school administrative unit or district seeking remedies other than monetary damages.
28 Education; School Administrative Units; Federal Assistance. RSA 194-C:6 is repealed and reenacted to read as follows:
194-C:6 Federal Assistance. School administrative units, in cooperation with local school districts, are hereby authorized to cooperate with the federal government or any agency thereof to request, receive, and expend federal funds for educational purposes. The receipt and expenditure of federal funds by a school administrative unit shall be accounted for in the same manner as established for federal funds processed through local school districts. Each school administrative unit is hereby directed to establish, separate from its operating budget, a federal grant account.
29 Education; School Administrative Units; Budget. RSA 194-C:9 is repealed and reenacted to read as follows:
194-C:9 Budget.
I. The city and county property tax rates in Hillsborough county shall be adjusted to reflect their specific school administrative unit expenses to be raised by property taxes.
II. A school administrative unit’s annual budget shall be determined in the same manner and schedule as other city and county department budgets, except that, in the case of the Hillsborough county's school administrative unit, only members of the county convention not from Manchester or Nashua shall approve that portion of the county budget.
III. Superintendents, assistant superintendents, business administrators, teacher consultants, and the regularly employed office personnel of a school administrative unit office shall be deemed employees of a city or county for the purposes of payment of salaries and contributions to an employee's retirement and workers' compensation.
IV. If a school administrative unit contains one or more cooperative school districts that cross county boundaries, the county tax rate for the affected towns shall be adjusted to reflect their portion of the school administrative unit expenses to be raised by property tax, and those towns shall pay that portion to the appropriate county.
V. The commissioner of the department of revenue administration shall adopt rules to implement this section per RSA 541-A.
30 Education; Withdrawal From Cooperative School Districts; Time of Withdrawal. Amend RSA 195:30 to read as follows:
195:30 Time of Withdrawal. The vote to withdraw from a cooperative school district shall take effect on July 1 of the calendar year one year subsequent to the date on which the withdrawal vote is passed. [A preexisting school district which withdraws from a cooperative school district shall remain a part of the school administrative unit of which it was a member prior to withdrawal unless the withdrawing district complies with the school administrative unit withdrawal process set forth in RSA 194-C:2.] After passage of the withdrawal vote and the issuance by the state board of education of its certificate of withdrawal, a special meeting of the voters in the withdrawing district shall be held at a time set by the state board of education. The warrant for this special meeting, approved by the state board of education and signed by the commissioner, shall provide for the election of officers in the withdrawing school district. The commissioner of education shall have authority to appoint officers pro tem as may be necessary and prepare the warrant for the special meeting held to elect officers. This meeting shall have the same power and authority as an annual meeting with reference to the raising or appropriating of money. The district officers elected at said meeting shall take office immediately and shall carry out the duties of their office and may take any action otherwise permitted by law which is necessary in order to carry out the provisions of the withdrawal.
31 Education; Schoolhouses; Location and Construction by District. Amend RSA 199:1 to read as follows:
199:1 Location and Construction by District. The district may decide upon the location of its schoolhouses by vote or by a committee appointed for the purpose, provided, however, that all plans, specifications, and the selection of site for any new school buildings for any school district within the state shall be approved by the school board of the district in which it is proposed to construct such a building. The provisions of this section shall apply to all new construction and substantial renovation of public school buildings, including those constructed by grant or loans of funds from state, the federal government, or other sources. The district shall investigate feasible options in the course of deciding to renovate or replace an existing school building. In considering such options, the district shall hold at least one public hearing and shall seek input from municipal boards and departments. The district shall also review the municipality's zoning regulations and master plan in order to maximize best planning practices. [For the purposes of this chapter, in addition to their usual meanings, the words "schoolhouse" and "school building" also mean educational administration building, including school administrative unit facilities.]
32 Trade and Commerce; Right to Freedom from Discrimination in Public Workplaces and Education; Definitions. Amend RSA 354-A:30, II to read as follows:
II. "Public employee" means any person working on a full-time or part-time basis for the state, or any subdivision thereof, including, but not limited to counties, cities, towns, precincts, water districts, school districts, [school administrative units,] or quasi-public entities.
33 Trade and Commerce; Right to Freedom from Discrimination in Public Workplaces and Education; Definitions. Amend RSA 354-A:30, III to read as follows:
III. "Public employer" includes the state or any subdivision thereof, including, but not limited to counties, cities, towns, precincts, water districts, school districts, [school administrative units,] or quasi-public entities.
34 Public Utilities; Limited Electrical Energy Producers Act; Definitions. Amend RSA 362-A:1-a, II-c to read as follows:
II-c. "Municipal host" means a customer generator with a total peak generating capacity of greater than one megawatt and less than 5 megawatts used to offset the electricity requirements of a group consisting exclusively of one or more customers who are political subdivisions, provided that all customers are located within the same utility franchise service territory. A municipal host may be owned by either a public or private entity. For this definition, "political subdivision" means the state of New Hampshire or any city, town, county, school district, chartered public school, village district, [school administrative unit,] or any district or entity created for a special purpose administered or funded by any of the above-named governmental units.
35 Actions, Process, and Service of Process; Actions; Actions Against Governmental Units; Definition; Court Records. Amend RSA 507:17, I to read as follows:
I. "Governmental unit" means the state and any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, [school administrative unit,] or departments or agencies thereof.
36 Actions, Process, and Service of Process; Bodily Injury Actions Against Governmental Units; Definitions. Amend RSA 507-B:1, I to read as follows:
I. "Governmental unit" means any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, [school administrative unit,] or departments or agencies thereof, or any other body corporate and politic within the state, but does not include the state or any department or agency thereof.
37 Actions, Process, and Service of Process; Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows:
507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, [school administrative unit] or other district, to procure the policies of insurance described in RSA 412. In any action against the state or any municipal subdivision thereof to enforce liability on account of a risk so insured against, the insuring company or state or municipal subdivision thereof shall not be allowed to plead as a defense immunity from liability for damages resulting from the performance of governmental functions, and its liability shall be determined as in the case of a private corporation except when a standard of care differing from that of a private corporation is set forth by statute; provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, and the court shall abate any verdict in any such action to the extent that it exceeds such limit.
38 New Paragraphs; Elections; State and County Officers to be Elected; Elected for 2-Year Term. Amend RSA 653:1 by inserting after paragraph VI the following new paragraphs:
VII. Twelve school superintendents, selected as follows:
(a) One by the voters for the city of Manchester.
(b) One by the voters for the city of Nashua.
(c) One by the voters for all remaining cities and towns within Hillsborough County.
(d) One by the voters for each remaining county.
VIII. Towns that are part of interstate school districts, or are subject to RSA 200-B or RSA 200-F, shall not be eligible to participate in electing a school superintendent.
39 Elections; Nominations; Qualifications by Office; Incompatible Offices. Amend RSA 655:10, I to read as follows:
I. No person shall file declaration of candidacy or primary petitions for nomination at the primary for incompatible offices. For the purposes of this section, incompatible offices shall include the offices of governor, United States senator, United States representative, representative to the general court, state senator, councilor, county commissioner, county sheriff, county attorney, county treasurer, school superintendent, register of deeds, and register of probate. If any person shall file for incompatible offices, the secretary of state shall advise the person of the provisions hereof and said person shall then advise the secretary of state which of said offices he or she wishes to retain in order to seek said nomination.
40 Elections; Vacancies Among Public Officers Elected at State Elections; County Officers. Amend RSA 661:9, I to read as follows:
I. If a vacancy for a period of one year or longer occurs in the office of county sheriff, county attorney, school superintendent, register of deeds, or county treasurer, the members of the county convention shall fill the vacancy for the unexpired term by a majority of the ballots cast. If a vacancy for a period of less than a year occurs in any such office, the members of the county convention shall, by majority vote of the county convention, vote to either fill the vacancy or to leave the office vacant.
41 Elections; Vacancies Among Public Officers Elected at State Elections; County Officers. Amend RSA 661:9, II(a) to read as follows:
II.(a) If a vacancy occurs in the office of a county commissioner or school superintendent, the members of the county convention, or, if the vacancy occurs in Hillsborough county, the members of the county convention representing the cities and towns in the commissioner's or school superintendent's district, shall fill the vacancy by a majority of the ballots cast until the next biennial election of county officers. If the term filled is less than the unexpired term, then notwithstanding any provisions of RSA 653:1, VI, the commissioner or school superintendent district filled pursuant to this paragraph shall be added to the next biennial election ballot to be chosen by the voters of the county for a 2-year term.
I. Each school district shall be associated with one school administrative unit as follows:
(a) Interstate school districts created by RSA 200-B and RSA 200-F shall be unchanged.
(b) School districts within the superintendent’s election district, as specified by RSA 653:I, VII, shall be associated with that superintendent’s school administrative unit.
(c) Cooperative school district boards that cross county lines shall choose, prior to January 1, 2026, which county school administrative unit they will be associated with.
II. Existing school superintendents and newly elected superintendents under RSA 653:1, VII, shall, for each school district, mutually agree on a date, between March 1, 2027, and July 1, 2027, for when services for that district shall be taken over by the new school administrative unit. All records, funds, and other property associated within that district shall be transferred to the new school administrative unit by that date. Employment, transportation, services, and other contracts shall be offered to the newly elected superintendent, but, if not adopted, shall be terminated. Existing school administrative units shall be terminated as of their latest transition date.
43 Prospective Repeal. The following are repealed:
I. RSA 32:5-e, IV(c), relative to warrant articles for school administrative units.
II. RSA 189:75, III, relative to the definition of a "corresponding school administrative unit".
III. RSA 194:1-a, relative to single district school administrative units.
IV. RSA 194-C:4-a, relative to the assignment of superintendent services and personnel for school administrative units.
V. RSA 194-C:7, relative to representation in school administrative units.
VI. RSA 194-C:8, relative to weighted voting in school administrative units.
VII. RSA 194-C:9-a, relative to alternate budget procedures and methods of adopting alternate budgets.
VIII. RSA 194-C:9-b, relative to alternative budget procedures for school administrative units.
IX. RSA 194-C:10, relative to public hearings for school administrative units.
44 Repeal. RSA 194-C:2, relative to the organization, reorganization, withdrawal, or merger of school administrative units, is repealed.
I. Sections 42 and 44 shall take effect upon this acts' passage.
II. Section 38 shall take effect January 1, 2026.
III. Sections 17 and 26 shall take effect July 1, 2026.
IV. All remaining sections shall take effect January 1, 2027.
25-1156
1/16/25
HB 765-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Education and Department of Revenue Administration. The Departments were contacted on 1/15/25 for a fiscal note worksheet. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Education and Department of Revenue Administration
