A proposed law introduced on Wednesday would grant the state Department of Education sweeping new powers over public school districts facing financial and other issues.
The bill would allow the state to appoint an administrator with the authority to override the local school board, fire the district’s superintendent and allow students to transfer to other school districts, among several other provisions.
The bill would also allow the Department of Education to withhold state aid from school districts and would strengthen requirements and penalties regarding audits, which are already required annually.
“The intent here is to make sure that things are in place so that we address the failures of Claremont in terms of communication, audits, transparency and accountability,” said Republican Rep. Glenn Cordelli of Tuftonboro, the sponsor of the proposed legislation.
House Democrats appeared supportive of certain aspects of the bill but questioned the legality and utility of ceding significant powers to a state-appointed administrator.
“It’s not very respectful to our democratic or republican form of government to take over a political subdivision that is run by an elected school board,” Democratic Rep. Timothy Horrigan of Durham said.
When asked whether the bill would violate any laws with respect to the takeover, Department of Education lawyer Diana Fenton said she would want to consult with the state Office of the Attorney General.
The bill would require the department to appoint an administrator if a district failed to rectify issues during a six-month probationary period. The state’s Board of Education would be responsible for placing a district on probation and could do so for reasons that extend beyond financial issues, such as for a violation of an administrative rule or the failure to comply with state or federal reporting requirements.
The bill is the latest state-level response to Claremont’s financial crisis, where the school board disclosed this summer that the district experienced years of severe financial mismanagement. Last month, lawmakers considered allowing the district to access some state aid early as it struggles to keep school operations afloat amid a multi-million dollar deficit.
“I think Claremont is a case study in failure,” said Cordelli, the chair of the House Education Policy and Administration Committee.
Democrats expressed concerns that the bill, introduced as an amendment to an unrelated piece of legislation that was retained last session, could exacerbate financial difficulties rather than provide support for districts who may face similar issues in the future.
They took particular issue with a provision that would allow the state-appointed administrator to cancel employee contracts because they believed doing so could put the district on the hook for litigation or additional spending.
“I see that as a real financial burden,” said Democratic Rep. Tracy Bricchi of Penacook, who also chairs the Merrimack Valley School Board. “If I were to cancel my superintendent’s contract, depending on where they are in their contract, it could cost me three years’ salary.”