HB1232 (2020) Detail

Relative to the burden of proof in special education hearings.


HB 1232 - AS INTRODUCED

 

 

2020 SESSION

20-2442

06/05

 

HOUSE BILL 1232

 

AN ACT relative to the burden of proof in special education hearings.

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Boehm, Hills. 20; Rep. Pitre, Straf. 2; Rep. Verville, Rock. 2; Rep. Forsythe, Merr. 8; Rep. D. Thomas, Rock. 5; Rep. Spillane, Rock. 2; Rep. B. Griffin, Hills. 6

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill provides that the burden of proving the appropriateness of a child's special education placement or program is on the school district or other public agency.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2442

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the burden of proof in special education hearings.

 

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

 

1  New Paragraph; Special Education; Due Process Hearing; Burden of Proof.  Amend RSA 186-C:16-b by inserting after paragraph III the following new paragraph:

III-a.  In all hearings the school district shall have the burden of proof, including the burden of persuasion and production, of the appropriateness of the child's program or placement, or of the program or placement proposed by the public agency.  This burden shall be met by a preponderance of the evidence.

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

Links

HB1232 at GenCourtMobile
HB1232 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
Feb. 26, 2020 House Exec Session

Bill Text Revisions

HB1232 Revision: 6870 Date: Dec. 2, 2019, 12:07 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Education HJ 1 P. 14
Feb. 12, 2020 Public Hearing: 02/12/2020 02:15 pm LOB 207
Feb. 26, 2020 Executive Session: 02/26/2020 10:00 am LOB 207