Revision: Dec. 6, 2023, 1:42 p.m.
HB 1382-FN - AS INTRODUCED
2024 SESSION
24-2460
11/05
HOUSE BILL 1382-FN
AN ACT relative to special education support for military-connected students.
SPONSORS: Rep. Roy, Rock. 31; Rep. Moffett, Merr. 4; Rep. Rhodes, Ches. 17; Rep. Creighton, Hills. 30
COMMITTEE: Education
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ANALYSIS
This bill creates special education support for military-connected transfer students and provides for reimbursement of witness fees in certain situations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2460
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to special education support for military-connected students.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Open Enrollment Schools; Special Education Support for Military-Connected Students. Amend RSA 194-D:2 by inserting after paragraph XII the following new paragraph:
XIII. Pursuant to 1414(d) of IDEA, school districts shall ensure that military-connected students as defined in RSA 110-E:1 who are transferring with individualized education programs receive comparable services when the military-connected student arrives at their new school district.
2 Individualized Education Programs; Military-Connected Students. Amend RSA 186-C:7 by inserting after paragraph IV the following new paragraph:
V. When a military-connected student, as defined in RSA 110-E:1, transfers from a school district in another state, that student shall receive the same in-state transfer rights as outlined in 34 CFR section 300.323(e), regardless of date of transfer. Comparable services to an IEP previously in effect at the sending school, at the time of transfer, shall be provided immediately until such time as a new IEP evaluation is completed. At the time the school district is notified of the student's transfer to the district, whether or not the district's schools are in session, an evaluation regarding the IEP shall be conducted within 30 days. A parent or legal guardian of the transferring student shall provide a copy of the student’s current IEP to the receiving district at the time the new IEP evaluation is initiated.
3 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.
4 Effective Date. This act shall take effect 60 days after its passage.
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
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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 | ||||||
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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