Revision: Dec. 2, 2019, 12:07 p.m.
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
-----------------------------------------------------------------
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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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..