Bill Details - HB721 (2019)

HB 721-FN-LOCAL - AS INTRODUCED

 

 

2019 SESSION

19-0501

06/03

 

HOUSE BILL 721-FN-LOCAL

 

AN ACT relative to special education in towns with no public schools.

 

SPONSORS: Rep. Le, Rock. 31

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill requires the resident school district to provide and fund the education of a child with disabilities according to the child's individualized education program when such child is attending a nonsectarian private school because there is no public school for the child's grade level in the child's resident district.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0501

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to special education in towns with no public schools.

 

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

 

1  New Paragraph; Change of School or Assignment; Children with Disabilities.  Amend RSA 193:3 by inserting after paragraph VI the following new paragraph:

VI-a.(a)  The funding and educational decision making process for a child who has in place, or is found to need, an individualized education plan (IEP) attending a nonsectarian private school where there is no public school for the child's grade level, shall be the responsibility of the resident district.  

(b)  When a child described in subparagraph (a) is enrolled by a parent in a nonsectarian private school, the local education agency of the child's resident district shall convene a meeting of the IEP team and shall invite a representative of the nonsectarian private school to that meeting.  At that meeting, the IEP team shall determine how to ensure the provision of a free and appropriate public education in accordance with the child's IEP.  The child's special education and related services shall be provided using any or all of the methods listed below, starting with the least restrictive environment:

(1)  The resident district may send staff to the nonsectarian private school; or

(2)  The resident district may contract with a service provider to provide the services at the nonsectarian private school; or

(3)  The resident district may provide the services at the resident district school; or

(4)  The resident district may provide the services at the service provider's location; or

(5)  The resident district may contract with a nonsectarian private school to provide the services; and

(6)  If the child requires transportation to and/or from the nonsectarian private school before, after, or during the school day in order to receive special education and related services as provided in the IEP, the child's resident district shall provide transportation for the child.

(c)  Consistent with section 5210(1) of the Elementary and Secondary Education Act and section 300.209 of the Individuals with Disabilities Education Act, when a parent enrolls a child with a disability in a nonsectarian private school, the child and the child's parents shall retain all rights under federal and state special education law, including the child's right to be provided with a free and appropriate public education, which includes all of the special education and related services included in the child's IEP.  The child's resident district shall have the responsibility, including financial responsibility, to ensure the provision of the special education and related services in the child's IEP, and the nonsectarian private school shall cooperate with the child's resident district in the provision of the child's special education and related services.

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

 

LBAO

19-0501

Revised 1/29/19

 

HB 721-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to special education in towns with no public schools.

 

FISCAL IMPACT:      [    ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

LOCAL:

FY 2020

FY 2021

FY 2022

FY 2023

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

METHODOLOGY:

This bill requires resident school districts to provide, and fund, the education of a child with disabilities according to the child’s individualized education program (IEP) when the child is attending a nonsectarian private school, due to there being no public school for the child’s grade level in the resident district.  The Department of Education reports local governement expenditures may increase by an indeterminable amount depending on the time and travel of the personnel providing these services.

 

AGENCIES CONTACTED:

Department of Education

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Education HJ 3 P. 27
Feb. 6, 2019 Public Hearing: 02/06/2019 01:30 pm LOB 207
Feb. 12, 2019 Executive Session: 02/12/2019 10:30 am LOB 207
Retained in Committee

Action Dates

Date Body Type
Feb. 6, 2019 House Hearing
Feb. 12, 2019 House Exec Session

Bill Text Revisions

HB721 Revision: 5063 Date: Jan. 29, 2019, 10:17 a.m.