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In a victory for New Hampshire Gov. Chris Sununu, the House Education Committee voted favorably for a bill that would increase state funding for full-day kindergarten. However, a school choice bill was killed for the rest of year.

Sununu has called himself a “believer in school choice,” but had some reservations about Senate Bill 193, which would establish education freedom savings accounts for parents to use taxpayer funds and turn them into personal “scholarships” for students.

The measure would have allowed parents to use the approximately $3,500 that schools receive per student and put the money for tuition in private or religious schools, pay for the costs of homeschooling, or even for supplies to tutor their children. It’s similar to the typical voucher program in other states, but the New Hampshire bill allows parents to use the funds for multiple educational opportunities that they want for their child.

Opponents don’t want taxpayer funds to be diverted from public schools. They also say the program would unconstitutionally provide taxpayer dollars to religious schools. Supporters argue the bill gives parents more options for their students.

The House Education Committee sidetracked the bill Tuesday and voted 15-4 to retain it in committee to study further, essentially killing the bill until 2018.

“There are a lot of aspects to this bill which I think we really need to drill down,” said Rep. Rick Ladd, R-Haverhill, chairman of the committee.

The bill previously passed the Senate on a 14-9 vote in March.

Rep. Mary Heath, D-Manchester, said “this bill undermines public education.”

“Our New Hampshire Constitution is clear that public funds cannot be used for sectarian purposes,” she added. “We have failed to fund our public schools in the manner in which we should fund them. To move to this process would undermine what we have stood for.”

Sen. John Reagan, R-Deerfield, was the author of the bill, and he told reporters after the vote that retaining the bill was due to the result of special interest groups, specifically the unions, who blocked his legislation. He said it was a loss for the students of New Hampshire.

Yet, the bill had bipartisan support in its defeat with several Republican lawmakers saying they wanted to draft a better version of the bill that has a chance of passing in the Legislature.

Rep. Dan Wolf, R-Newbury, said retaining a bill in committee is equivalent to “death with dignity. So let’s hope that this is death with dignity.”

Despite supporting school choice, Sununu raised questions last week about how the legislation could impact public schools.

“I think when it comes to using state money for schools, and I think a lot of people know I’m a big believer in school choice, that whatever we do, we have to make sure we’re not harming public schools,” he told New Hampshire Public Radio. “We’re not just removing funds out of those schools and we understand that as we move money around, what those pros and cons might be. I do have concerns when you start using state funds, whether it be a voucher program, or all the different terms that you want to put for it, to schools of a non-public nature.”

FULL-DAY KINDERGARTEN PASSES

At the same committee hearing, on a 15-4 vote, representatives passed Senate Bill 191, which would increase funding for full-day kindergarten, a priority Sununu has pushed this legislative session.

Sununu made a rare appearance before the committee last week, urging the House committee to approve the Senate bill, which was modeled after his original proposal.

In his budget proposal, Sununu called for $9 million-a-year to be given out in grants to the communities with high levels of low-income students and English language learners that wanted to opt for full-day kindergarten programs instead of half-day. The Senate approved of that plan in March on a 21-2 vote.

The House Education Committee voted to amend the bill, recommending that the House fund full-day kindergarten for all communities, regardless of need, that wanted to expand their kindergarten programs. They also voted to increase the cost to approximately $14.5 million per year, which was the same amount that Sen. David Watters, D-Dover, proposed in the first draft of the bill in the Senate.

“Today’s actions are a significant step forward for New Hampshire,” Sununu said in a statement. “Full-day kindergarten is good for children, families, and a critical tool in retaining our workforce.”

The bill will be taken up by the full House next week. If passed, it would be sent to the House Finance Committee for review, before returning to the House for a final vote.

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A proposed draft amendment for an education bill would dramatically shake up the state Department of Education and shift some power and authority to the state education commissioner. Yet, the senator who introduced it said it simply “allows managers to manage their department.”

Frank Edelblut, the new commissioner who previously lost the Republican gubernatorial bid to Chris Sununu in the 2016 election, is already a controversial figure within Sununu’s administration for his pro-school choice views, and this amendment isn’t sitting well with public school advocates.

Sen. John Reagan, R-Deerfield (Photo Credit: NH Senate website)

The amendment, drafted by Sen. John Reagan, R-Deerfield, was first posted Wednesday by Reaching Higher NH, an organization supporting high standards in public schools.

Reagan said the bill came at the request of Edelblut and it “permits the commissioner to make some managerial changes.” He said he doesn’t understand where the backlash on the amendment is coming from.

“He should be able to do what he wants to do,” Reagan told NH Journal. “They [public school advocates] don’t like anything that disturbs their monopoly of state dollars. They see something and try to discredit Republican management of government. You should be able to let your managers manage your business.”

Among the proposed changes, Reagan is proposing to eliminate four existing divisions in the state Department of Education (DOE) and replacing them with four new divisions under the direction of the commissioner, and giving the commissioner authority over several programs, funds, and personnel.

The proposal is poised to be an amendment to House Bill 356. Reagan said he talked to Rep. Rick Ladd, R-Haverhill, who is the author of HB356 and Ladd gave him the go-ahead to attach the amendment to his bill.

Public school advocates are concerned that the amendment “introduces greater volatility and uncertainty around how we hold N.H. schools and districts accountable for delivering an adequate education to our children.”

This is NOT how we do it. NH friends, spread the word; @ChrisSununu & @Edelblut4NH stage a power grab. @AndruVolinsky @WatchYourRepsNH

— Sherry Frost (@frostnhstaterep) April 13, 2017

Reaching Higher NH says the amendment would make it easier for public funds to go towards schools or education offerings that are not subject to the same rigorous public oversight as public schools.

“The amendment would grant the Commissioner of Education expansive authority that exceeds the discretion provided to most other state departments,” the organization wrote in a blog post about the amendment.

In New Hampshire, the state education commissioner is largely seen as the face of the DOE, simply carrying out policy that the state Board of Education introduces.

“The Department of Education, consistent with New Hampshire’s local control ethos, has historically served primarily as the provider of state education funding and as the intermediary between local school districts and the federal Department of Education,” the post stated. “In these roles, the Department provides much needed expertise and serves as an important guardian of students’ rights to a public education.”

The amendment calls for eliminating four divisions, including the Division of Educational Improvement, Division of Program Support, Division of Career Technology and Adult Learning, and Division of Higher Education within the DOE and replacing them with four new divisions, which have not yet been determined, all under the direction of the education commissioner.

Yet, Reagan said he believes the bill means the divisions will just be retitled, “making it easier for the head manager to move managers around. It’s what any organization should be allowed to do.”

Advocates say the amendment would remove an institutional check that exists to prevent the DOE and New Hampshire public education from becoming overly-politicized.

For example, the Division of Educational Improvement currently has the responsibility to “determine if a district is making diligent efforts to resolve personnel shortages that result in children with disabilities being placed out of district.” The amendment would transfer that power to Edelblut.

Reaching Higher NH also said the elimination of the divisions and allowing the commissioner to create new ones allows for a standard of appointing division directors that could lead to nominees who do not have the education or experience to lead those offices.

That was a significant criticism for Edelblut as education commissioner since he does not come from an education background (his children have also been homeschooled), yet he was tapped to lead the department anyway.

“By eliminating the specific responsibilities of the directors, the amendment lowers the standard for appointing directors — the governor and Executive Council will no longer be able to assess whether the Commissioner’s nominees have the education and experience necessary to serve New Hampshire’s kids and families,” the organization wrote.

Advocates are also concerned with the new amendment in terms of financial accountability and how public funds are used within the DOE. The amendment allows the education commissioner to move funds within the department at any time without approval if it’s under $75,000. That means Edelblut can transfer funds allocated for a specific purpose and reallocate them for something else.

“Transfer funds…as the commissioner deems necessary and appropriate to address present or projected budget deficits, or to respond to changes in federal laws, regulations, or programs, and otherwise as necessary for the efficient management of the department…,” the amendment states.

Reagan said the measure was intended to ensure the education commissioner could move funds where there is a need in the department.

“It’s for small amounts, like allowing office managers to use the funds for pencils to instead be used for toners,” he said.

The Legislature’s finance committees, the governor, and Executive Council still must approve transfers of $75,000 or more, but Reagan said they shouldn’t be “controlling” the department at “that level of detail.”

HB 356 has already gone through some changes before it was introduced to the Senate Education Committee on March 23. When it was first introduced in January by Ladd, it would simply tweak the base adequacy funding amount — the amount the state gives to a district per pupil — from $3,561.27 to $3,591.27, only a $30 increase.

He told the House Education Committee that he wanted to use the legislation as a starting point to eventually form a joint committee with the House and Senate to work on a new formula for the next year in time for the next biennium. The committee voted in favor of his amendment, essentially changing the bill establishing a committee to study education funding and the cost of an opportunity for an adequate education, and the House eventually passed the bill at the end of March.

The Senate Education Committee is expected to act on the legislation this month. Reagan’s amendment has not been formally introduced to the committee yet, but a public hearing on the bill has already happened before this amendment was known to members of the public. Advocates are calling to have another public hearing to discuss the amendment.

NH Journal reached out to Edelblut for comment and will update the story with a response.

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Who has final say over New Hampshire’s abundance of regulations put forward by state agencies? That’s the latest battle at the State House, where a legislative committee says it is in charge, not Gov. Chris Sununu, of the process to decide on the need for administrative rules.

The Joint Legislative Committee on Administrative Rules unanimously sent a letter to Sununu on Friday saying the committee and the process that already exists “accomplishes many of the goals of your letter seeking a reduction in governmental rules and regulations.”

During his inaugural address, Sununu called for a 90-day moratorium on new regulations.

“There are a lot of regulations in this state, for such a small state,” he said. “It is unbelievable. Let’s take a pause. Let’s take a step back and figure out what we are doing and why we are doing it.”

The next day, Sununu sent a memo to agency heads and department commissioners asking them to “immediately establish a pause on any proposed adoption, amendment, re-adoption or re-adoption with amendment of administrative rules until March 31, 2017.”

The request did not apply to any proposed rule mandated by law or that was “immediately essential to the public health, safety and welfare.” By March 31, he asked the agency heads to review “each and every regulation under the agency’s jurisdiction that is currently being proposed” or is already in effect.

The bipartisan joint committee includes five state senators and five House members and is authorized, according to state law, to have final say over rules proposed by state agencies, following a detailed approval process.

In their letter to Sununu, the committee members say they’re who oversees the rulemaking process.

“The majority of rulemaking is mandated by statute, and agencies cannot choose not to adopt rules when a statute says that they shall,” the letter states.

Sen. John Reagan, R-Deerfield, who chairs the committee, told WMUR that no rule or regulation can “exceed the authority of the legislation.”

“There seems to be a lack of understanding in the corner office about what the process is to create rules,” he said. “It seems that he was trying to do what everyone promises to do in Washington, stop passing laws that proliferate bureaucratic rules.”

In fact, President Donald Trump’s chief of staff, Reince Priebus, issued a very similar memo to Sununu’s on Friday telling federal agencies to not issue any more regulations.

He told the federal agencies not to send any regulation to the Federal Register until the rule is reviewed and approved by the new head of that respective agency, who is appointed under Trump.

But Reagan said New Hampshire is different than the federal government. Rules in the Granite State expire every 10 years and must be reauthorized. This year alone, 250 rules and 41 interim rules will expire, he told WMUR.

The agencies must hold public hearings on proposed rules, which are then submitted to the committee, and the committee’s attorneys determine if a proposed rule exceeds its legislative authority.

“What we’re saying to the governor in the letter is, let the process go on because we’re already doing what you want done,” Reagan said. “As chairman, I felt it was incumbent on me to state for the sake of the committee’s reputation to say that we already do this. This is what we have been doing for all these years. We’re not challenging anybody. I just had to make a statement for the sake of the committee.”

Emily Corcoran, a law professor at the University of New Hampshire, said the committee is “reasserting their belief that they have jurisdiction [over rulemaking] and then the courts would be the arbitrator” if the moratorium were to be challenged.

“You also see some changes in power here,” she told NH Journal. “It’s the change we have when a new person with a different political view is trying to separate themselves from what their predecessor did. You also have renewed power struggles among the different branches of government vying for power.”

Corcoran also clarified that Sununu announced the moratorium through a memo instead of an executive order. While both methods essentially produce the same result and are legally binding, the memo method could send a non-confrontational message, she said.

“Executive orders are a way to reverse existing policies,” she said. “If you want to reverse a position from a previous administration, you have to do that through an executive order. To put a policy on hold or not do anything right now to reassess, it signals that there is a new sheriff in town who wants to see where things are and where things are going. It doesn’t send the signal that we are ending anything quickly or completely switching gears.”

“He’s exercising his power to give agencies guidance,” she added. “It could be that he wants to appear measured and also signal to people that voted for him that it will be different under his term than [former] Gov. [Maggie] Hassan.”

Sununu has not issued his first executive order yet.

And Sununu is not alone for calling a halt in new regulations. Missouri Republican Gov. Eric Gretiens issued a similar action this month, except through an executive order, to freeze new rules and regulations.

Arizona Republican Gov. Doug Ducey issued a continuing moratorium through an executive order on Monday. Arizona has had a moratorium on new regulations since 2009.

Even Massachusetts Republican Gov. Charlie Baker issued a similar executive order halting new regulations in 2015.

While it seems like Republicans are the only ones who halt new regulations, it’s actually not partisan. Former President Barack Obama issued a moratorium, through a memo when he took office on Jan. 20, 2009, telling federal agencies to refrain from sending any new or proposed rules.

“You do tend to see that happen with new administrations,” Corcoran said. “He [Sununu] made campaign promises and he’s acting out on them.”

Sununu’s office responded to the committee’s letter on Monday, saying, “New Hampshire is an over-regulated state with too many rules stifling opportunities for economic growth.”

“As the state’s chief executive, he is leading a collaborative effort with department heads and commissioners to foster an environment in which businesses can more easily grow jobs,” said David Abrams, Sununu spokesman, in a statement to WMUR. “His carefully thought-out request has been met with enthusiasm and cooperation and we are confident that the information we have gathered will lead to meaningful reform.”

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