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 report 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 , 20 U.S.C. section 6311(b), and RSA 193-E:3 and RSA 193-H:2 with respect to children with disabilities.

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.

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.

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 develop options for alternative dispute resolutions which can be utilized at the local district level. A plan outlining these methods may 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 submit to the department of education information relating to methods of alternative dispute resolution which have proven to be effective . Pursuant to RSA 21-N:7, II, the department shall develop a system whereby such information can be collected, 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

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 submit No Child Left Behind Act of 2001special 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.is encouraged tomayand parents are encouraged towhich have proven to be effective, and* compiled.

351:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: August 02, 2024

Effective Date: October 01, 2024