HB 1532 – AS INTRODUCED
2006 SESSION
04/03
HOUSE BILL 1532
AN ACT revising the special education statutes.
SPONSORS: Rep. S. L'Heureux, Merr 9; Rep. Snyder, Straf 2
This bill:
I. Deletes references to “educationally disabled child” and replaces them with “child with a disability.”
II. Deletes references to “individualized education plan” and replaces them with “individualized education program.”
III. Requires the commissioner of the department of education to enter into interagency agreements, or other interagency coordination mechanisms, concerning the right of all children with disabilities to a free and appropriate public education in the least restrictive environment, the provision of residential and educational services for severely emotionally disturbed children between the ages of 3 and 21, and the provision of education and related services to children with disabilities between the ages of 3 and 6.
IV. Amends the membership and duties of the advisory committee on the education of children with disabilities.
V. Requires the state board of education to set rates for special education programs and requires providers of such programs to comply with those rates.
VI. Amends the responsibilities for appointing a surrogate parent for certain children.
VII. Provides that liability for expenses for children in a private school placement shall be determined by federal law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2722
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT revising the special education statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Reference Change. Amend the following RSA sections by deleting “educationally disabled child” and replacing it with “child with a disability” and deleting “an educationally disabled child” and replacing it with “a child with a disability”: the section heading in RSA 169-C:20; the section heading in RSA 169-D:18; RSA 186-C:2, I; RSA 186-C:2, III-V; RSA 186-C:9-a, II; RSA 186-C:19; RSA 186-C:19-a; RSA 186-C:19-b, II; RSA 186-C:20, I; RSA 193:3, III(g); RSA 198:38, VIII.
2 Special Education; Individual Education Plan. Amend RSA 186-C:7, to read as follows:
186-C:7 Individual Education [Plans] Programs.
I. The development of an individualized education [plan] program for each [educationally disabled] child with a disability shall be the responsibility of the school district in which the child resides or of the school district which bears financial responsibility for the child's education.
II. The parents or legal guardian of [an educationally disabled] a child with a disability have the right to participate in the development of the individualized education [plan] program for the child and to appeal decisions of the school district regarding such child's individualized education [plan] program as provided in rules adopted in accordance with RSA 541-A by the state board of education.
III. The division of educational improvement of the department of education shall assist each school district in developing an approved program or programs for educating [the educationally disabled] children [of] with a disability in the district including the setting of approved rates for private providers of special education services pursuant to RSA 21-N:5, I(h).
IV. [Repealed.]
3 Special Education; Educationally Related Services. Amend RSA 186-C:9-a, I to read as follows:
I. Educationally related services shall be related to one or more educational objectives in the [educationally disabled child's] individualized education [plan] program of a child with a disability.
4 Special Education; Length of School Year. Amend RSA 186-C:15 to read as follows:
186-C:15 Length of School Year. The length of the school year for [an educationally disabled] child with a disability shall be the same as that provided by the local school district for a child [not educationally disabled] without a disability, except that the local school district shall provide an approved program for an extended period when it can be demonstrated by a preponderance of evidence, in accordance with rules adopted by the state board of education, that interruption of the program of [an educationally disabled] a child with a disability would result in severe and substantial harm and regression and would have the effect of negating the benefits of such [educationally disabled] child's regular special education program.
5 Reference Change. Amend the following RSA sections by deleting “educationally disabled children” or “educationally disabled students” and replacing it with “children with disabilities”: RSA 35:1-b; RSA 169-B:7, III; RSA 169-C:8, III; RSA 169-D:6, III; RSA 186-C:1; RSA 186-C:2, II; RSA 186-C:7-a, I-III; RSA 186-C:8; RSA 186-C:10; RSA 186-C:11; RSA 186-C:12; RSA 186-C:14, I; RSA 186-C:16, III; RSA 186-C:18, III(a); RSA 186-C:19, II; the section heading in RSA 186-C:19-a; the section heading in RSA 186-C:19-b; RSA 186-C:19-b, IV; RSA 186-C:21, V; RSA 193:3, I; RSA 198:38, VIII; RSA 198:42, I.
6 Reference Change. Amend the following RSA sections by deleting “individualized education plan” and replacing it with “individualized education program”: RSA 186-C:2, I; RSA 186-C:2, III; RSA 186-C:2, V; RSA 186-C:9; RSA 186-C:9-a, I; RSA 186-C:11; RSA 186-C:16-b, VI; RSA 186-C:19, III; RSA 186-C:19-a, I; RSA 186-C:21, V.
7 Special Education; Rulemaking. Amend RSA 186-C:16, I-II to read as follows:
I. Developing individualized education [plans] programs;
II. Approving special education programs and setting rates for such programs;
8 Reference Change. Amend the following RSA sections by deleting “individual education plan” and replacing it with “individualized education program”: RSA 193:12, VI(a); RSA 265:107-a, II.
9 Special Education; Duties of Division of Education Improvement. RSA 186-C:3-a, VII is repealed and reenacted to read as follows:
VII. The commissioner of the department of education shall enter into an interagency agreement, or other mechanism for interagency coordination, with any appropriate state agency, political subdivision, or other public agency, for the provision of special education programs and services to children with disabilities to ensure that the right of all children with disabilities to a free and appropriate public education in the least restrictive environment is met. An interagency agreement or other mechanism for interagency coordination shall comply with the provisions of 20 U.S.C. section 1412(a)(12)(A).
10 Interagency Agreements Required.
I. The commissioners of the departments of education and corrections shall enter into an interagency agreement, the terms of which shall comply with 20 U.S.C. section 1412(a)(12)(A), for the provision of education services of inmates in the state and county correctional facilities consistent with RSA 194:60.
II. The commissioners of the departments of education and health and human services shall enter into an interagency agreement, the terms of which shall comply with RSA 186-C:21, to develop a regional system for in-state, community-based, residential and educational services for severely emotionally disturbed children between the ages of 3 and 21.
III. The commissioners of the departments of education and health and human services shall enter into an interagency agreement for the provision of education and related services to children with disabilities between the ages of 3 and 6.
11 Special Education Advisory Committee. RSA 186-C:3-b is repealed and reenacted to read as follows:
186-C:3-b Advisory Committee on the Education of Children with Disabilities.
I. In accordance with the provisions of 20 U.S.C. section 1412(a)(21), there is established an advisory committee on the education of children with disabilities to provide policy guidance to the commissioner of the department of education on issues relating to special education and related services for children with educational disabilities in the state. In this section only, in determining the eligibility of parents of children with disabilities to receive services, the age of a child with a disability shall be from birth to 26 years of age.
II. Unless otherwise specified, the governor shall appoint all members to the committee. The committee shall consist of the following members:
(a) Two members of the house education committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate education committee, appointed by the president of the senate.
(c) Parents of children with disabilities.
(d) Individuals with disabilities.
(e) Teachers.
(f) Representatives of institutions of higher education that prepare special education and related services personnel.
(g) State and local educational officials.
(h) Administrators of programs for children with disabilities.
(i) Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities.
(j) Representatives of private schools and public charter schools.
(k) At least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities
(l) Representatives from the state juvenile and adult corrections agencies.
III.(a) Committee members shall be appointed to 3-year terms, and members may succeed themselves for one additional term.
(b) A simple majority of committee members shall be individuals with disabilities or parents of children with disabilities.
(c) A chairperson shall be selected by a majority of the committee members.
(d) The committee shall meet at least quarterly or as often as necessary to conduct its business.
(e) The department of education shall provide administrative support to the committee.
IV. The committee shall:
(a) Advise the commissioner of the department of education of unmet needs within the state in the education of children with disabilities;
(b) Comment publicly on any rules or regulations proposed by the state regarding the education of children with disabilities;
(c) Advise the commissioner of the department of education on developing evaluations and reporting on data to the U.S. Department of Education under 20 U.S.C. section 1418;
(d) Advise the commissioner of the department of education in developing corrective action plans to address findings identified in federal monitoring reports under 20 U.S.C. sections 1411 through 1419; and
(e) Advise the commissioner of the department of education in developing and implementing policies relating to the coordination of services for children with disabilities.
12 Special Education; Program Approval. Amend RSA 186-C:5 to read as follows:
186-C:5 Program Approval.
I. The state board of education shall adopt rules, pursuant to RSA 541-A, establishing standards for the approval of programs of education that are maintained by school districts, charter schools, regional special education centers, [and] private organizations, or state institutions for the benefit of [educationally disabled] children with disabilities, including home-based programs and education service providers who provide services to the department of education, or to school districts, for children with disabilities in placements for whom the department of health and human services has financial responsibility[; except, however, that].
II. The board shall establish the rates charged to school districts or to the department of education by approved private and public providers of special education. No provider for whom a rate is set shall charge the department of education or any school district in this state an amount in excess of the rate established by the board.
III. Approval of education programs for the special district established in RSA 194:60 shall be pursuant to the standards set forth in the interagency agreements between the department of corrections and the department of education.
13 Special Education; Liability for Expenses. Amend RSA 186-C:13, I to read as follows:
I. All expenses incurred by a school district in administering the law in relation to education for [educationally disabled] children with disabilities shall be paid by the school district where the child resides, except as follows:
(a) When [an educationally disabled] a child with a disability is placed in a home for children or health care facility as defined in RSA 193:27, the liability for expenses for such child shall be determined in accordance with RSA 193:29.
(b) When [an educationally disabled] a child with a disability is placed in a state institution, the liability for expenses for such child shall be determined in accordance with RSA 186-C:19.
(c) When a child with a disability is placed in a private school, the liability for expenses for such child shall be determined in accordance with 20 U.S.C. section 1412 (a)(10).
14 Special Education; Surrogate Education. Amend RSA 186-C:14, III-IV to read as follows:
III. DETERMINING NEED.
(a) When[, in the opinion of the commissioner of education or designee, an educationally disabled child] a child with a disability, as defined in RSA 186-C:2, needs special education and the parent or guardian of the child is unknown or after reasonable efforts cannot be located, or the child is a ward of the state, [the commissioner or designee shall appoint] a court of competent jurisdiction may appoint a surrogate parent who shall represent the child in the educational decision-making process. If the court does not appoint a surrogate parent, the commissioner of the department of education or designee shall appoint the surrogate parent.
(b) In the case of a child who is an unaccompanied youth, as defined by the McKinney-Vento Homeless Assistance Act, 42 U.S.C. section 11434a(6), the school district shall appoint a surrogate in accordance with this section.
(c) All appointments of a surrogate parent shall be consistent with the requirements of applicable state and federal laws.
IV. APPOINTMENT OF SURROGATE. [Once the commissioner of education or designee determines that a surrogate parent is needed, the commissioner or designee shall appoint a surrogate parent. Such] Appointment of a surrogate parent under paragraph III shall be effective until the child reaches 18 years of age, and may be extended by order of the commissioner until the child graduates from high school or reaches 21 years of age, whichever occurs first. If the surrogate parent resigns, dies, or is removed, the commissioner of education or designee may appoint a successor, surrogate parent in the same manner as provided in paragraph III.
15 Special Education; Due Process Hearing. Amend RSA 186-C:16-b, III-V to read as follows:
III. Where the parent, legal guardian, or surrogate parent has not been given proper written notice of special education rights pursuant to 20 U.S.C. section [1415(b)] 1415(d), including notice of the time limitations established in this section, such limitations shall run from the time notice of those rights is properly given. The department of education shall make available a model notice of rights which school districts may use as one means of complying with this paragraph.
IV. An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. section [1415(e)] 1415(i)(2)(A) shall be commenced within 120 days from receipt of the final decision. All such decisions shall be sent certified mail, return receipt requested.
V. An action pursuant to 20 U.S.C. section [1415(e)] 1415(i)(3) seeking reimbursement for attorney's fees shall be commenced within 120 days from receipt of the final decision in accordance with RSA 186-C:16-b, IV. All such decisions shall be sent certified mail, return receipt requested.
16 Repeal. The following are repealed:
I. RSA 186-C:19-a, II, relative to school district liability for certain educationally disabled children.
II. RSA 186-C:19-b, III, relative to establish rates charged to the department of education or to school districts by education service providers for educationally disabled children.
III. RSA 186-C:22, relative to development of in-state services for severely emotionally disturbed children.
IV. RSA 21-I:18, I(i), relative to purchases of services from nonprofit organizations by the department of education and the department of health and human services for severely disabled or severely emotionally disturbed children.
17 Effective Date. This act shall take effect upon its passage.