Revision: Jan. 29, 2024, 4:33 p.m.
Rep. Cascadden, Coos 5
January 25, 2024
2024-0277h
05/08
Amendment to HB 1639-FN-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to children with disabilities placed at state facilities for detained or adjudicated youth.
Amend the bill by replacing sections 2-4 with the following:
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.
2024-0277h
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.