Bill Details - HB1409 (2018)

HB 1409 - AS INTRODUCED

 

 

2018 SESSION

18-2630

05/08

 

HOUSE BILL 1409

 

AN ACT relative to child restraint practices in schools and treatment facilities.

 

SPONSORS: Rep. Phinney, Straf. 24

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill permits the parent of a child subject to restraint or seclusion in violation of RSA 126-U to request an administrative hearing with the department of education or department of health and human services.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2630

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to child restraint practices in schools and treatment facilities.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Sections; Child Restraint Practices; Administrative Hearing.  Amend RSA 126-U by inserting after section 14 the following new sections:

126-U:15  Department of Education; Administrative Hearing.  Upon information that a school has failed to comply with the requirements of this chapter regarding the restraint or seclusion of a child, the child's parent or legal guardian may file a request with the department of education for an administrative due process hearing to be held in accordance with RSA 541-A.  The hearing shall be in addition to any other right or remedy available under state or federal law, and shall be in addition to the complaint procedure described in RSA 126-U:8, I.

126-U:16  Department of Health and Human Services; Administrative Hearing.  Upon information that a facility has failed to comply with the requirements of this chapter regarding the restraint or seclusion of a child, the child's parent or legal guardian may file a request with the department of health and human services for an administrative due process hearing to be held in accordance with RSA 541-A.  The hearing shall be in addition to any other right or remedy available under state or federal law, and shall be in addition to the complaint procedure described in RSA 126-U:9, I.

2  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Education HJ 1 P. 9
Jan. 23, 2018 Public Hearing: 01/23/2018 10:30 AM LOB 207
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 207
March 6, 2018 Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 20-0; CC) HC 9 P. 13
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
March 6, 2018 Inexpedient to Legislate: MA VV 03/06/2018 HJ 6 P. 23

Action Dates

Date Body Type
Jan. 23, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote

Bill Text Revisions

HB1409 Revision: 1795 Date: Nov. 6, 2017, 10:55 a.m.