HB1636 (2020) Detail

Relative to special education services for children in charter schools.


HB 1636 - AS INTRODUCED

 

 

2020 SESSION

20-2441

06/01

 

HOUSE BILL 1636

 

AN ACT relative to special education services for children in charter schools.

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Pitre, Straf. 2; Rep. A. Lekas, Hills. 37; Rep. Spillane, Rock. 2

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill:

 

I.  Requires the resident district to fund a free and appropriate education to a child with disabilities attending a chartered public school.

 

II.  Requires the resident district of a child with a disability to obtain written consent of the child's parent before changing the nature of the child's 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2441

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to special education services for children in charter schools.

 

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

 

1  Funding for Chartered Public Schools.  Amend RSA 194-B:11, III(a) to read as follows:

III.(a)  In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public school shall be the responsibility of the resident district [and shall retain all current options available to the parent and to the school district].  The resident district shall fund a free and appropriate public education for the student in the least restrictive environment in which the student's individualized education program (IEP) can be implemented.

2  Funding for Chartered Public Schools.  Amend RSA 194-B:11, III(c) to read as follows:

(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 chartered public 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 the parent's written consent for 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 in the least restrictive environment, and the chartered public school shall cooperate with the child's resident district in the provision of the child's special education and related services.

(d)  A resident district shall obtain the written consent of the parents of a child with a disability before changing the nature or extent of special education and related services, including the location of the special education and related services in subparagraph III(b).

3  New Paragraph; Special Education; Definitions; Least Restrictive Environment.  Amend RSA 186-C:2 by inserting after paragraph VII the following new paragraph:

VIII.  "Least restrictive environment" means that to the maximum extent appropriate, children with disabilities, including children in public or private institutions, are educated with children without disabilities; and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily consistent with section 300.114 of the Individuals with Disabilities Education Act.

4  Individualized Education Programs.  Amend RSA 186-C:7, II to read as follows:

II.  The parents of a child with a disability [have the right to participate in the development of the individualized education program for the child] shall be full participants on the individualized education program (IEP) team pursuant to 34 C.F.R. section 300.321 of the Individuals with Disabilities Education Act and have the right to appeal decisions of the school district regarding such child's individualized education program as provided in rules adopted pursuant to RSA 541-A by the state board of education.

5  Effective Date.  This act shall take effect upon its passage.

Links

HB1636 at GenCourtMobile
HB1636 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
Feb. 26, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1636 Revision: 7279 Date: Dec. 11, 2019, 9:21 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Education HJ 1 P. 29
Feb. 12, 2020 Public Hearing: 02/12/2020 01:30 pm LOB 207
Feb. 26, 2020 Executive Session: 02/26/2020 10:00 am LOB 207
March 11, 2020 Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 12-8; RC) HC 10 P. 50
Majority Committee Report: Inexpedient to Legislate (Vote 12-8; RC)
Minority Committee Report: Ought to Pass
March 12, 2020 Inexpedient to Legislate: MA DV 187-132 03/12/2020