CHAPTER 10
HB 308 – FINAL VERSION
2005 SESSION
04/10
HOUSE BILL 308
AN ACT relative to the special education payment distribution schedule and relative to alternative dispute resolution proceedings in special education.
SPONSORS: Rep. Claire Clarke, Merr 6; Rep. Dunn, Ches 3; Rep. Rush, Merr 7
This bill amends the special education payment distribution schedule for children in certain court ordered placements and clarifies the department of education’s jurisdiction in alternative dispute resolution proceedings.
This bill is a request of the department of education.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0507
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the special education payment distribution schedule and relative to alternative dispute resolution proceedings in special education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
10:1 Special Education; Liability for Educationally Disabled Children in Certain Court Ordered Placements. Amend RSA 186-C:19-b, II(c) to read as follows:
(c) The department of education shall distribute special education payments under subparagraph II(a) [on or before January 1] within 60 days of receipt of invoice from the school district. School districts shall submit education service providers costs to the department [by June 30 of each fiscal year] within 30 days of receipt of such costs. The department shall then verify the cost and distribute the appropriate amounts [for the previous fiscal year on or before January 1 of each year] to the education service provider.
10:2 Special Education; Alternative Dispute Resolution. Amend RSA 186-C:23 to read as follows:
III. Alternative dispute resolution proceedings shall be [nonbinding] confidential and shall not impair the right of the participants to demand a due process hearing. [Alternative dispute resolution proceedings shall be confidential.] Information, evidence, or the admission of any party shall not be disclosed or used in any subsequent proceeding. Statements made and documents prepared by a party, attorney, or other participant in aid of such proceeding shall be privileged and shall not be disclosed. In addition, the parties shall not introduce into evidence in any subsequent proceeding the fact that there was an alternative dispute resolution proceeding or any other matter concerning the conduct of such proceedings. The authority of the department of education in alternative dispute resolution proceedings initiated under this section shall be limited to the provisions of paragraphs I and II.
10:3 Effective Date. This act shall take effect 60 days after its passage.
(Approved: May 3, 2005)
(Effective Date: July 2, 2005)