HB 1639-FN-LOCAL - AS AMENDED BY THE HOUSE
8Feb2024... 0277h
2024 SESSION
24-2784
12/10
HOUSE BILL 1639-FN-LOCAL
AN ACT relative to children with disabilities placed at state facilities for detained or adjudicated youth.
SPONSORS: Rep. Cascadden, Coos 5; Rep. Vail, Hills. 6; Rep. N. Murphy, Hills. 12; Rep. Booras, Hills. 8; Rep. Haskins, Rock. 11
COMMITTEE: Education
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AMENDED ANALYSIS
This bill modifies the requirements for special education services for youth in a state facility for detained or adjudicated youth or county correctional facilities, and for alternative dispute resolution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Feb2024... 0277h 24-2784
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to children with disabilities placed at state facilities for detained or adjudicated youth.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Retention of Individualized Education Program Records; Removal. Amend RSA 186-C:10-a by inserting after paragraph II the following new paragraph:
III. The department of education will remove all student records from the state special education information system on the same schedule as school districts.
2 Children with Disabilities at the Youth Development Center, County Correctional Facilities and the Youth Services Center. Amend RSA 186-C:19-a to read as follows:
186-C:19-a Children with Disabilities [and the Youth Services Center] in State Facilities for Detained or Adjudicated Youth and County Correctional Facilities.
I. For a child with a disability [at the youth development center] at a state facility for detained or adjudicated youth or county correctional facilities, [or who is placed at the youth services center maintained by the department of health and human services] including while awaiting disposition of the court following arraignment pursuant to RSA 169-B:13, the school district responsible for the development of an individualized education program and the child's special education expenses shall be as follows:
(a) If such child is in the legal custody of the parent, the school district in which the child's parent resides shall be responsible.
(b) If such child is not in the legal custody of the parent or if the parent resides outside the state, the school district in which the child most recently resided other than in a state institution, home for children or health care facility as defined in RSA 193:27 shall be responsible.
(c) For the purposes of this section a parent shall not have legal custody if legal custody has been awarded to some other person or agency, even if that parent retains residual parental rights. An award of legal custody by a court of competent jurisdiction, in this state or in any other state, shall determine legal custody under this section.
II. The school district liability for educational expenses for a child with a disability [in the youth development center] in a state facility for detained or adjudicated youth or county correctional facilities, [or who is placed in the youth services center while awaiting disposition of the court following arraignment pursuant to RSA 169-B:13,] shall not exceed the state average elementary cost per pupil, as determined by the state board of education for the preceding school year.
3 Liability for Children With Disabilities in Certain Court Ordered Placements. Amend RSA 186-C:19-b, I(a) to read as follows:
(a) As used in this section "children in placement for which the department of health and human services has financial responsibility" means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, 169-C, or 169-D, except children [at the youth development center and children placed at the youth services center maintained by the department of health and human services while awaiting disposition of the court following arraignment pursuant to RSA 169-B:13.] placed in a state facility for detained or adjudicated youth.
4 Special Education Program of the Youth Services Center. Amend RSA 186-C:20 to read as follows:
186-C:20 Special Education Program [of the Youth Services Center] in a State Facility for Detained or Adjudicated Youth. Notwithstanding the provisions of any other law to the contrary, the expenses for a child with a disability receiving services at the special education program [at the youth services center maintained by the department of health and human services] in a state facility for detained or adjudicated youth shall be the responsibility of the liable school district so assigning the child. Such a school district shall pay the rate established for the special education program of the [center] facility.
5 New Paragraph; Special Education, Alternative Dispute Resolution; Rulemaking. Amend RSA 186-C:23 by inserting after paragraph V the following new paragraph:
VI. The department of education shall adopt rules, pursuant to RSA 541-A, concerning procedures for the methods of alternative dispute resolution available under this section.
6 Effective Date. This act shall take effect 60 days after its passage.
24-2784
Revised 1/23/24
HB 1639-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to children with disabilities placed at state facilities for adjudicated youth.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Departments of Education and Health and Human Services state this bill will have no fiscal impact.
AGENCIES CONTACTED:
Departments of Education and Health and Human Services
| Date | Amendment |
|---|---|
| Jan. 29, 2024 | 2024-0277h |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | House | Hearing |
| Jan. 30, 2024 | House | Exec Session |
| Jan. 31, 2024 | House | Exec Session |
| Jan. 25, 2024 | House | Floor Vote |
| March 28, 2024 | Senate | Hearing |
| May 2, 2024 | Senate | Floor Vote |
April 22, 2024: Committee Report: Ought to Pass, 05/02/2024; Vote 5-0; CC; SC 17
March 20, 2024: Hearing: 03/28/2024, Room 100, SH, 02:00 pm; SC 12
Feb. 26, 2024: Introduced 02/21/2024 and Referred to Judiciary; SJ 6
Feb. 8, 2024: Ought to Pass with Amendment 2024-0277h: MA VV 02/08/2024 HJ 4 P. 8
Feb. 8, 2024: Amendment # 2024-0277h: AA VV 02/08/2024 HJ 4 P. 8
Jan. 30, 2024: Committee Report: Ought to Pass with Amendment # 2024-0277h (NT) 01/25/2024 (Vote 16-0; CC)
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 10:00 am LOB 205-207
Dec. 15, 2023: Introduced 01/03/2024 and referred to Education HJ 1