CHAPTER 351
SB 340 - FINAL VERSION
23May2024... 1995h
06/13/2024 2264CofC
2024 SESSION
24-2815
05/02
SENATE BILL 340
SPONSORS: Sen. Murphy, Dist 16; Sen. Ward, Dist 8; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Innis, Dist 7; Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Abbas, Dist 22; Rep. Cordelli, Carr. 7; Rep. C. McGuire, Merr. 27
COMMITTEE: Education
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AMENDED ANALYSIS
This bill:
I. Provides that the school district may provide information regarding a child's special education program by electronic mail unless the parent elects to receive such information by U.S. mail.
II. Expands certain special education reporting requirements by local districts, the department of education, and the advocate for special education.
III. Directs the department of education and advocate for special education to enter into a memorandum of understanding regarding access to student records maintained by the department.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23May2024... 1995h
06/13/2024 2264CofC 24-2815
05/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
351:1 New Paragraphs; Individualized Education Programs; Notice Requirement and Use of Special Education Information System. Amend RSA 186-C:7 by inserting after paragraph IV the following new paragraphs:
V. The school district may provide the written notice and records regarding the child's individualized education program required under this chapter to the parent by electronic mail, unless the parent elects to receive such information by U.S. mail.
VI. To assist parents and schools, local school districts shall notify the department through the special education information system that an individualized education program, educational placement, identification, or evaluation of a child has been rejected by the parent within 5 instruction days of the decision. Within 30 business days following notification, the department shall communicate to the parent a description of the available resolution processes and sources for information or assistance in pursuing resolution. The department may use personally identifiable information in the special education information system to mail or email the parent the description of the referenced dispute resolution process.
351:2 Department of Education; Annual Report Regarding Special Education. Amend RSA 186-C:3-a, II-a(a) to read as follows:
(a) In addition to the requirements of paragraph II, the department of education shall [annually] submit [a] an annual report by September 1, to the commissioner of the department and the state board of education that:
(1) Shows the identification of children with disabilities analyzed according to the following criteria: age and grade level, and number and percentage of the total number of children with disabilities in each disability category.
(2) Includes expenditures for special education as reported to the department of education by school districts and state and federal revenues for special education received by school districts.
(3) Shows the annual progress and compliance on the state's performance plan required by 20 U.S.C. section 1416(b), 20 U.S.C. section 1412(a)(15), and 20 U.S.C. section 1416(a)(3).
(4) Shows the progress and compliance with the requirements in the [No Child Left Behind Act of 2001] Every Student Succeeds Act (ESSA) of 2015, 20 U.S.C. section 6311(b), and RSA 193-E:3, and RSA 193-H:2, with respect to children with disabilities.
(5) Shows the number and category of parental refusals or partial refusals of services or placements for students with disabilities proposed in individualized education programs (IEPs) and tracks the resolution of those parental refusals, including the timeline for resolution through dispute resolution methods provided by or overseen by the department.
351:3 Office of the Advocate for Special Education. Amend RSA 186-C:38, I(d) to read as follows:
(d) Have authority to inquire of, investigate, and review all documents from any school, district, or [special education department in this state. The advocate shall have access to all IEP documents, 504 plans, related supports and services, treatment plans, progress reports, and report cards of all students with disabilities.] the department consistent with state and federal laws. Any required parental consent for access shall be obtained by the advocate and provided to the department. The department and advocate shall enter into a memorandum of understanding for access to student records maintained by the department.
351:4 Advocate for Special Education. Amend RSA 186-C:39, II to read as follows:
II. The annual report shall also include a summary of the parent complaints being filed against schools by families in regard to these services. The complaints shall remain confidential and shall not be made available to the public. For purposes of this section, the complaints are as to the lack of compliance of IEP and 504 plans or the denial of eligibility and/or lack of services. To assist in the fulfillment of the duty to prepare this annual report, the advocate shall be provided, upon request, reports generated from any databases maintained at the department that pertain to complaints and resolution of disputes regarding the provision of special education and related services. Such reports to the advocate may include personally identifiable data, including but not limited to district of liability and student identification numbers if so requested by the advocate for purposes of the advocate’s understanding of the resolution of complaints. Any personally identifiable student information shall be fully redacted or not included in the aggregate data provided in the advocate’s annual report.
351:5 Local School District Alternative Dispute Resolution Programs. Amend RSA 186-C:23-a to read as follows:
186-C:23-a Local School District Alternative Dispute Resolution Programs.
I. Each school district in New Hampshire [is encouraged to] may develop options for alternative dispute resolutions which can be utilized at the local district level. A plan outlining these methods [may] shall be submitted to the department of education for review. The department shall provide technical assistance at the request of the school districts in developing and implementing these alternative dispute resolution options.
II. Local school districts [and parents are encouraged to] shall submit to the department of education information relating to methods of alternative dispute resolution [which have proven to be effective] that have been used within the district each year, including the topic of the dispute and resolution, if any. Pursuant to RSA 21-N:7, II, the department shall develop a system whereby such information can be collected[,] and compiled[, and disseminated to local school districts].
351:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 02, 2024
Effective Date: October 01, 2024
| Date | Amendment |
|---|---|
| May 9, 2024 | 2024-1811h |
| May 15, 2024 | 2024-1995h |
| May 21, 2024 | 2024-2077h |
| June 5, 2024 | 2024-2264CofC |
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2024 | Senate | Hearing |
| Feb. 8, 2024 | Senate | Floor Vote |
| Feb. 8, 2024 | Senate | Floor Vote |
| March 27, 2024 | House | Hearing |
| April 9, 2024 | House | Exec Session |
| May 14, 2024 | House | Exec Session |
| May 14, 2024 | House | Hearing |
| May 14, 2024 | House | Floor Vote |
| June 6, 2024 | House | Floor Vote |
| June 13, 2024 | House | Floor Vote |
| June 13, 2024 | Senate | Floor Vote |
Aug. 7, 2024: Signed by the Governor on 08/02/2024; Chapter 351; Effective 10/01/2024
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
July 23, 2024: Enrolled (in recess of) 06/13/2024 HJ 16 P. 56
July 18, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18
June 12, 2024: Conference Committee Report # 2024-2264c, Adopted, VV; 06/13/2024; SJ 17
June 13, 2024: Conference Committee Report 2024-2264c: Adopted, DV 188-179 06/13/2024 HJ 16 P. 12
June 6, 2024: Conference Committee Report # 2024-2264c Filed 06/06/2024; As Amended by the House HJ 15 P. 29
June 5, 2024: ==RECONVENE== Committee of Conference Meeting: 06/05/2024, 01:30 pm, Room 103, SH
June 4, 2024: ==RECESSED== Committee of Conference Meeting: 06/04/2024, 10:00 am, Room 100, SH
May 30, 2024: Speaker Appoints: Reps. Ladd, Cordelli, Peternel, Luneau 05/30/2024 HJ 15 P. 29
May 30, 2024: House Accedes to Senate Request for CofC (Rep. Ladd): MA VV 05/30/2024 HJ 15 P. 29
May 30, 2024: President Appoints: Senators Ward, Lang, Prentiss; 05/30/2024; SJ 16
May 30, 2024: Sen. Ward Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/30/2024; SJ 16
May 23, 2024: Reconsider OTPA (Rep. Ladd): MF DV 175-188 05/23/2024 HJ 14 P. 51
May 23, 2024: Ought to Pass with Amendment 2024-1995h: MA DV 186-176 05/23/2024 HJ 14 P. 46
May 23, 2024: Amendment # 2024-1995h (NT): AA DV 184-177 05/23/2024 HJ 14 P. 45
May 15, 2024: Committee Report: Ought to Pass 05/14/2024 (Vote 20-0; RC) HC 20 P. 15
May 9, 2024: Public Hearing on non-germane Amendment # 2024-1811h: 05/14/2024 09:30 AM LOB 205-207
May 1, 2024: ==CONTINUED== Executive Session: 05/14/2024 11:00 am LOB 205-207
April 5, 2024: ==RECESSED== Executive Session: 04/09/2024 01:00 pm LOB 205-207
March 21, 2024: Public Hearing: 03/27/2024 11:15 am LOB 205-207
Feb. 29, 2024: Introduced (in recess of) 02/22/2024 and referred to Education HJ 6 P. 138
Feb. 8, 2024: Ought to Pass: MA, VV; OT3rdg; 02/08/2024; SJ 3
Feb. 6, 2024: Committee Report: Ought to Pass, 02/08/2024; Vote 5-0; CC; SC 6
Jan. 30, 2024: Committee Report: Ought to Pass, 02/08/2024; Vote 5-0; CC; SC 6
Jan. 23, 2024: Hearing: 01/30/2024, Room 101, LOB, 09:45 am; SC 5
Dec. 11, 2023: To Be Introduced 01/03/2024 and Referred to Education; SJ 1