Rep. Cordelli, Carr. 4
January 13, 2022
2022-0119h
10/04
Amendment to HB 1141
Amend the title of the bill by replacing it with the following:
AN ACT relative to the special education process for individualized education programs.
Amend the bill by replacing all after the enacting clause with the following:
1 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 34 C.F.R. section 300.114 of the Individuals with Disabilities Education Act.
2 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. sections 300.321 and 300.322 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 in accordance with RSA 541-A by the state board of education.
3 Special Education; Individualized Education Programs. Amend RSA 186-C:7 to read as follows:
186-C:7 Individualized Education Programs.
I. The development of an individualized education program for each child with a disability shall be the responsibility of the school district in which the child resides or of the school district which bears financial responsibility for the child's education.
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 and to appeal decisions of the school district regarding such child's individualized education program as provided in rules adopted in accordance with RSA 541-A by the state board of education.
III. [Each child's individualized education program shall include short-term objectives or benchmarks unless the parent agrees that they are not necessary for one or more of the child's annual goals.] The IEP meeting shall comply with the following:
(a) Each school district shall take steps to ensure that one or both parents of the child with disabilities are present at each IEP meeting or provided the opportunity to participate.
(b) The meeting should be scheduled at a mutually agreed upon time and place.
(c) The required notice of the IEP meeting shall include the purpose, time, and location of the meeting and who will be in attendance.
(d) The parents of the child may object to the participation of an individual in an IEP team meeting who does not meet the requirements of 34 C.F.R. section 300.321(a). If the parents object, the meeting shall be postponed and rescheduled.
IV. Each child's individualized education program shall incorporate the provisions of 34 C.F.R. section 300.320.
4 Special Education; Rulemaking. Amend the introductory paragraph of RSA 186-C:16 to read as follows:
186-C:16 Rulemaking. The state board of education shall adopt rules, pursuant to RSA 541-A, and consistent with [the provision of a free appropriate public education] federal law and this chapter, relative to:
5 Special Education; Mediation; Procedure. Amend RSA 186-C:24, II to read the following:
II. Mediation shall be provided as follows:
(a) A request for mediation shall be made in writing by either party to the commissioner of education. The mediation request shall specify the issue or issues in dispute and the relief sought;
(b) A mediation conference shall be conducted within 30 calendar days after receipt of a written request at which time:
(1) Issues shall be determined;
(2) Options explored; and
(3) Mediation attempts made within New Hampshire law.
(c) Mediation is voluntary on the part of the parties;
(d) Mediation cannot be used to deny or delay a parent's right to a hearing on the parent's due process complaint.
(e) The role of the mediator shall be:
(1) To facilitate communication.
(2) To define the issues and explore alternatives.
(3) To remain neutral.
[(d)] (f) The mediation conference shall be:
(1) Informal; and
(2) Held at a time and place reasonably convenient and mutually agreeable to the parties in the dispute.
[(e)] (g) If the mediation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting. No other record of the mediation shall be made. The mediator shall not be called as a witness in any additional proceedings in the specific case that the mediator mediates.
[(f)] (h) The mediator may terminate the mediation after at least one meeting if in the mediator's judgment the parties are not making progress toward resolving the issue or issues in dispute.
[(g)] (i) Pending the outcome of mediation, no change shall be made to a pupil's classification, program or placement, unless both parties agree to the change.
(j) Discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding.
(k) Parties to the mediation process shall not be required to sign a confidentiality pledge or nondisclosure agreement prior to, or as a precondition, to the commencement of the mediation process.
6 Special Education; Parental Data Access Rights. Amend RSA 186-C by inserting after section 24 the following new section:
186-C:24-a Parental Data Access Rights.
I. Each school district shall permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency. The district shall comply with a request without unnecessary delay and before any meeting regarding an IEP, or any hearing, or resolution session, and in no case more than 45 days after the request has been made.
II. Parents shall have right to a response from the school district to reasonable requests for explanations and interpretations of the records.
III. A parent who believes that information in the education records collected, maintained, or used under this chapter is inaccurate or misleading or violates the privacy or other rights of the child may request the school district that maintains the information to amend the information.
IV. The school district shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.
V. If the school district decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to appeal the decision as provided in rules adopted in accordance with RSA 541-A by the state board of education.
7 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 children with disabilities in the least restrictive environment in which the student's individualized education program (IEP) can be implemented.
8 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 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 comply with all the provisions of 34 C.F.R. section 300.324 before changing the nature, extent, or location of services provided in an IEP.
9 Repeal. RSA 186-C:16-c, relative to rules exceeding state or federal minimum requirements, is repealed.
10 Effective Date: This act shall take effect upon its passage.
2022-0119h
AMENDED ANALYSIS
This bill establishes requirements for individualized education program meetings and procedures, including those of students in chartered public schools.
| Date | Body | Type |
|---|---|---|
| Jan. 26, 2022 | House | Hearing |
| Feb. 25, 2022 | House | Hearing |
| March 7, 2022 | House | Exec Session |
| Oct. 24, 2022 | House | Exec Session |
| Oct. 24, 2022 | House | Exec Session |
| House | Floor Vote |
Oct. 26, 2022: Interim Study Report: Not Recommended for Future Legislation (Vote 19-0)
Oct. 26, 2022: Executive Session: 10/24/2022 09:30 am LOB 305-307
Sept. 28, 2022: Executive Session: 10/24/2022 09:30 am LOB 205-207
March 9, 2022: Committee Report: Refer for Interim Study (Vote 18-0; CC)
March 15, 2022: Inexpedient to Legislate: MA VV 03/15/2022 HJ 6
March 23, 2022: Executive Session: 03/07/2022 10:00 am LOB 210-211
March 9, 2022: Committee Report: Refer for Interim Study (Vote 18-0; CC)
Feb. 11, 2022: Public Hearing on Amendment # 2022-0119h: 02/25/2022 11:00 am LOB 205-207
Jan. 9, 2022: Public Hearing: 01/26/2022 09:30 am LOB 205-207
Nov. 17, 2021: Introduced 01/05/2022 and referred to Education
: To Be Introduced and referred to Education