HB1382 (2024) Detail

(New Title) granting witness fee reimbursement to unrepresented parents in the armed forces who prevail in special education hearings.


HB 1382-FN - AS AMENDED BY THE HOUSE

 

28Mar2024... 1129h

2024 SESSION

24-2460

11/05

 

HOUSE BILL 1382-FN

 

AN ACT granting witness fee reimbursement to unrepresented parents in the armed forces who prevail in special education hearings.

 

SPONSORS: Rep. Roy, Rock. 31; Rep. Moffett, Merr. 4; Rep. Rhodes, Ches. 17; Rep. Creighton, Hills. 30

 

COMMITTEE: Education

 

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AMENDED ANALYSIS

 

This bill authorizes witness fee reimbursement for a parent in the armed forces who represents themself at a special education hearing and prevails.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1129h 24-2460

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT granting witness fee reimbursement to unrepresented parents in the armed forces who prevail in special education hearings.

 

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

 

1  Special Education Hearing Officers.  Amend RSA 186-C:16-a to read as follows:

186-C:16-a Special Education Hearing Officers. Hearing officers appointed by the department of education to hear special education impartial due process appeals shall have the authority to compel the attendance of witnesses in accordance with RSA 516:1 including issuing subpoenas for parents who are representing themselves. Any costs incurred in issuing a subpoena shall be the responsibility of the party requesting the subpoena, unless otherwise determined by the hearing officer. The state board of education may adopt rules pursuant to RSA 541-A to implement the provisions of this section, including guidelines to be used for consideration by the hearing officers in determining the responsibility of costs of the subpoena. Nothing in this section shall prohibit any justice from issuing a subpoena for such hearing in accordance with RSA 516:3. Witness fees incurred by parents who are members of the armed forces shall, in due process hearings, be reimbursed by the department of education if the hearing officer finds in favor of the parent.

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

 

LBA

24-2460

11/6/23

 

HB 1382-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to special education support for military-connected students.  

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] No

Does this bill authorize new positions to implement this bill? [X] N/A

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable Increase

 

METHODOLOGY:

The Department of Education states this bill, specific to military connected families and presumed effective in FY 2025, would require school districts to complete a new individualized education plan (IEP) evaluation within 30 days of notification of a student’s transfer. The 30-day requirement is applicable, regardless of when the notification is made, including times when school is not in session. This bill would also require the Department to reimburse military connected families who prevail in an impartial due process complaint for any costs related to issuing a subpoena incurred by the military connected family. The Department states it is unable to determine the fiscal impact of subpoena fees as the necessary information to determine expected costs for military connected families is not currently collected.  Additionally, these expenditures would not be permissible through federal special education funds.  The cost of these type of legal fees are indeterminable as the Department has no ability to estimate or compare cost of services as there is no comparable program in place.

 

Lastly, the Department is also unable to determine the local fiscal impact of an expedited evaluation process. Districts may have to enter into contracts with additional staff to ensure the truncated timeline can be met. Staff may not be working during the summer and would need to be contracted so that they can come in to complete evaluations and attend the IEP team meetings. All of this would be costs incurred by the districts.

 

AGENCIES CONTACTED:

Department of Education

 

Amendments

Date Amendment
March 20, 2024 2024-1129h

Links


Date Body Type
Jan. 25, 2024 House Hearing
Jan. 30, 2024 House Exec Session
Jan. 31, 2024 House Exec Session
Feb. 7, 2024 House Exec Session
Feb. 20, 2024 House Exec Session
March 6, 2024 House Exec Session
March 18, 2024 House Exec Session
March 18, 2024 House Floor Vote
April 9, 2024 Senate Hearing
April 18, 2024 Senate Floor Vote

Bill Text Revisions

HB1382 Revision: 41461 Date: March 28, 2024, 3:21 p.m.
HB1382 Revision: 41302 Date: March 20, 2024, 3:46 p.m.
HB1382 Revision: 39910 Date: Dec. 6, 2023, 1:42 p.m.

Docket


April 10, 2024: Committee Report: Ought to Pass, 04/18/2024, Vote 3-0; SC 15


April 3, 2024: Hearing: 04/09/2024, Room 101, LOB, 09:20 am; SC 14


April 2, 2024: Introduced 03/21/2024 and Referred to Education; SJ 8


March 28, 2024: Ought to Pass with Amendment 2024-1129h: MA VV 03/28/2024 HJ 10


March 28, 2024: Amendment # 2024-1129h (NT): AA VV 03/28/2024 HJ 10


March 20, 2024: Committee Report: Ought to Pass with Amendment # 2024-1129h (NT) 03/18/2024 (Vote 20-0; CC) HC 12 P. 11


March 7, 2024: Executive Session: 03/18/2024 10:00 am LOB 205-207


Feb. 22, 2024: ==RECESSED== Executive Session: 03/06/2024 09:30 am LOB 205-207


Feb. 15, 2024: Executive Session: 02/20/2024 09:15 am LOB 205-207


Jan. 31, 2024: Executive Session: 02/07/2024 09:30 am LOB 205-207


Jan. 25, 2024: ==CONTINUED== Executive Session: 01/31/2024 10:00 am LOB 205-207


Jan. 25, 2024: ==RECESSED== Executive Session: 01/30/2024 10:00 am LOB 205-207


Jan. 17, 2024: Public Hearing: 01/25/2024 02:00 pm LOB 205-207


Dec. 6, 2023: Introduced 01/03/2024 and referred to Education HJ 1