Bill Text - HB581 (2021)

(New Title) relative to the burden of proof in special education hearings and establishing a committee to study special education IEP and dispute resolution processes.


Revision: Jan. 12, 2021, 1:30 p.m.

HB 581  - AS INTRODUCED

 

 

2021 SESSION

21-0702

06/05

 

HOUSE BILL 581

 

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

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Verville, Rock. 2; Rep. Thomas, Rock. 5; Rep. Spillane, Rock. 2; Rep. McLean, Hills. 44; Rep. Rouillard, Hills. 6; Sen. Reagan, Dist 17

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0702

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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..

HB 581  - AS INTRODUCED

 

 

2021 SESSION

21-0702

06/05

 

HOUSE BILL 581

 

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

 

SPONSORS: Rep. Cordelli, Carr. 4; Rep. Verville, Rock. 2; Rep. Thomas, Rock. 5; Rep. Spillane, Rock. 2; Rep. McLean, Hills. 44; Rep. Rouillard, Hills. 6; Sen. Reagan, Dist 17

 

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.

21-0702

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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..