Nonpublic School Advisory Council (NPSAC) Meeting

NH Department of Education, Concord, NH

October 11, 2013

Present: Stephen Poirot, Chair, Bill Bennett, Lisa Braiterman, Judith Fillion, Lyn Kutzelman, Linda Johnson, Gregg Magoon, Eileen Mullin, David Parker, Patricia Tilley, Trudy Wright, Leslie Higgins, Marie Morgan

Guests: Attorney David Hilts (DOS), Trooper Christopher Kelby, Ben Adams, Jeff Blaney, Barbara Cohen, David Collins, Juli Hincks, John Tuttle

The meeting was held at Londergan Hall, room 12.

Chairman Stephen Poirot opened the meeting at 10:10 am.

Trooper Christopher Kelby and Attorney David Hilts from the NH Department of Safety briefed the attendees on the status of Administrative Rule Saf- C 1300, School Bus Transportation. This Rule was expiring in 2013 and it was necessary to resubmit the Rule for review and approval. During the review process changes were suggested which impact private schools. The revised Rule became effective this morning.

Attorney Hilts indicated that legislation is being sought to make these Rules applicable to nonpublic schools. Trooper Kelby noted that the school bus driver requirements would also apply to private school bus drivers although there should be a grace period after the law is revised.

Members of the Council asked about the differences between NH and federal transportation laws and whether the federal rules supersede the state’s rules. Some of the federal requirements may be included in the state’s Rules in the next revision.

Council members also had questions regarding the increased costs for private schools to satisfy these requirements, about the definition of “school activities” and the ambiguity of the school bus definition.

Lyn Kutzelman noted that her school staff had developed a list of what they believe they should be doing to meet the state and federal school bus requirements. Chairman Stephen Poirot asked her to share the list with Trooper Kelby and then share the list and any amendments with the Council.

Several of the meeting’s guests represented special education schools and they met with Attorney Hilts and Trooper Kelby in another room as this meeting continued.

Chairman Poirot reported that the Council has two vacancies. One was previously held by Peter Flint from the Trinity Christian School in Concord and the other was held by Mary Moran who was Superintendent of Schools for the Catholic Diocese in Manchester. A newly created public school administrator’s position is also vacant.

Chairman Poirot asked if someone would make a motion to nominate Rev. John Fortin, current Diocese Superintendent of Schools, to a seat on the Council. The motion was made, seconded and unanimously approved. Chairman Poirot asked members to send any other nominations for the other two vacancies to Marie Morgan with the nominees’ resumes.

Several Council members shared stories about Bud Moore who recently passed. Bud was instrumental in the establishment of the Nonpublic School Advisory Council and was a NPSAC member for 30 years. Chairman Poirot requested that Bill Bennett, Trudy Wright, and Kent Bicknell work on a resolution acknowledging Bud’s contributions to the NPSAC which could then be presented to his family.

At the Council’s previous meetings Kent Bicknell and David Parker explained a NH Interscholastic Athletic Association (NHIAA) rule which has had a negative impact on private schools. Under NHIAA By-Law Article II Section 13: B (12), “A student falling under the provisions of this section (13) is eligible to represent only one school in any academic year.” This has been interpreted by the NHIAA Executive Director to mean a private school student playing football at a public school cannot play on a club or other level sports team for the private school he/she attends during that academic year. Chairman Poirot asked if a small group of members could meet with the NHIAA Executive Director. Judy Fillion said she would speak with the Director. There was a suggestion that legislation be introduced to change this interpretation.

Judy Fillion reported that the Education Tax Credit law (RSA 77-G) passed in the last legislature and discussed at previous NPSAC meetings was not repealed. Eleven students from 8 towns were awarded scholarships. The state’s two approved scholarship organizations are The Network for Educational Opportunity and the Concord Christian Academy Giving and Going Alliance. Both are located in Concord. The average value of all scholarships awarded by a scholarship organization can’t exceed $2,500. Until a court rules otherwise, these two scholarship organizations cannot award scholarships to children who want to attend religious schools.

Linda Johnson reported that the Independent School Risk Management Conference cohosted by the McLane Law Firm and ISANNE would be held on November 7, 2013 in Manchester.

Lisa Braiterman noted that ISANNE has several benefits for members including group purchase opportunities and group insurance programs.

Linda Johnson made a motion to approve the March 22, 2013 NPSAC meeting minutes. The motion was seconded and passed unanimously.

The meeting was adjourned at 11:25 am.

Submitted by:

Marie Morgan

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