HB 532 - AS AMENDED BY THE SENATE
6Mar2025... 0480h
05/22/2025 2156s
2025 SESSION
25-0858
02/06
HOUSE BILL 532
SPONSORS: Rep. Ball, Rock. 25
COMMITTEE: Education Policy and Administration
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ANALYSIS
This bill allows IEP team meeting facilitation to be included as an option to assist parents and school districts in resolving disputes without including such facilitation in the list of alternative dispute resolution options.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2025... 0480h
05/22/2025 2156s 25-0858
02/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alternative Dispute Resolution. RSA 186-C:23 is repealed and reenacted to read as follows:
186-C:23 Alternative Dispute Resolution.
I. In order to encourage informal resolution of differences of opinion regarding the provision of special education, the following methods of alternative dispute resolution shall be available to parents and school districts:
(a) Neutral conference.
(b) Mediation.
(c) IEP facilitation.
II. (a) The department shall make IEP team meeting facilitation available to parents and school districts as an option to resolve disputes under this chapter.
(b) To assist parents and schools, this subdivision requires the local education agency to notify the department of education in writing that an individualized education program, educational placement, identification, or evaluation of a child has been rejected by the parent, and establishes a 30-day period for discussion beginning on the date such notice is received by the department of education, which may be continued if mutually agreed to by the parties. Immediately following notification, the department shall communicate to the parent a description of the alternative dispute resolution process. While the use of these informal resolution procedures is strongly encouraged, it is not mandatory for either party. If this option is chosen by both parties, the department shall, during the 30-day period, schedule and conduct an alternative dispute resolution conference. Such schedule may be continued if mutually agreed to by the parties. The conference shall not be used to delay a due process hearing; however, both parties may agree to postpone the hearing pending a resolution.
III. 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.
IV. The following subparagraphs shall apply only to neutral conference and mediation:
(a) Alternative dispute resolution proceedings shall be confidential and shall not impair the right of the participants to demand a due process hearing. Information, evidence, or the admission of any party shall not be disclosed or used in any subsequent proceeding. Statements made and documents prepared by a party, attorney, or other participant in aid of such proceeding shall be privileged and shall not be disclosed. In addition, the parties shall not introduce into evidence in any subsequent proceeding the fact that there was an alternative dispute resolution proceeding or any other matter concerning the conduct of such proceedings. The authority of the department of education in alternative dispute resolution proceedings initiated under this section shall be limited to the provisions of paragraphs I and II.
(b) There shall be no record made of any alternative dispute resolution proceedings.
(c) Evidence that would otherwise be admissible in a due process hearing or in a subsequent court hearing shall not be rendered inadmissible as a result of its use in an alternative dispute resolution proceeding.
2 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Feb. 26, 2025 | 2025-0480h |
| May 15, 2025 | 2025-2156s |
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2025 | House | Hearing |
| Feb. 19, 2025 | House | Exec Session |
| Feb. 19, 2025 | House | Floor Vote |
| May 5, 2025 | Senate | Hearing |
| May 6, 2025 | Senate | Hearing |
| May 22, 2025 | Senate | Floor Vote |
May 22, 2025: Ought to Pass with Amendment #2025-2156s, MA, VV; OT3rdg; 05/22/2025; SJ 14
May 22, 2025: Committee Amendment # 2025-2156s, AA, VV; 05/22/2025; SJ 14
May 15, 2025: Committee Report: Ought to Pass with Amendment # 2025-2156s, 05/22/2025; Vote 5-0; CC; SC 22
April 30, 2025: Hearing: 05/06/2025, Room 101, LOB, 10:30 am; SC 20
April 30, 2025: Hearing: 05/05/2025, Room 101, LOB, 10:30 am; SC 20
March 12, 2025: Introduced 03/06/2025 and Referred to Education; SJ 7
March 6, 2025: Ought to Pass with Amendment 2025-0480h: MA VV 03/06/2025 HJ 7 P. 6
March 6, 2025: Amendment # 2025-0480h: AA VV 03/06/2025 HJ 7 P. 6
Feb. 26, 2025: Committee Report: Ought to Pass with Amendment # 2025-0480h 02/19/2025 (Vote 17-0; CC) HC 14 P. 5
Feb. 12, 2025: Executive Session: 02/19/2025 09:30 am LOB 205-207
Jan. 22, 2025: Public Hearing: 01/29/2025 02:15 pm LOB 205-207
Jan. 14, 2025: Introduced (in recess of) 01/09/2025 and referred to Education Policy and Administration HJ 3 P. 14