Georgina Lambert

HB?1099 proposes the creation of a committee to study private businesses providing special education and behavioral services and the reimbursement of local school districts. While framed as a financial or procedural study, the bill’s structure raises significant equity, civil rights, and ethical concerns. It risks further entrenching ableist and exclusionary practices in New Hampshire’s educational system, diverting scarce taxpayer resources, and aligning with policy approaches historically used to marginalize students with disabilities. Concerns Ableist and exclusionary underpinnings By emphasizing private, for-profit or non-profit providers as alternatives to local public school services, HB?1099 implicitly frames students with disabilities as “problems to outsource” rather than students with full civil rights and educational potential. This mirrors patterns in education historically tied to eugenics-based thinking, where students deemed “difficult to educate” were segregated, stigmatized, or routed to private institutions with minimal oversight. Racial and socioeconomic disparities The bill does not address equity in access, which risks exacerbating segregation along race, disability, and income lines. Private providers often serve those who can pay or have insurance, leaving the public system to absorb higher-cost students. Without robust safeguards, local school districts may lose funding or resources for students most in need, compounding historical systemic inequities. Waste of taxpayer dollars Creating a committee to study an issue already subject to extensive federal and state oversight duplicates existing reporting requirements and risks wasting state funds. The focus on reimbursement from local school districts to private providers ignores that state and federal funds already have mechanisms for accounting, creating unnecessary bureaucratic layers. Sponsor record and language patterns Historical statements and prior legislation by several sponsors indicate a pattern of exclusionary or ableist framing, particularly in educational contexts. Using legislation framed around “private solutions” for special needs students risks stigmatizing these children as financial burdens rather than full participants in public education. Constitutional and ethical issues Public schools are constitutionally obligated to provide free and appropriate education under federal IDEA (Individuals with Disabilities Education Act). Legislation that privileges private providers, even under the guise of “study,” risks undermining students’ rights. Recommendations Oppose HB?1099 in its current form. Ensure that any study of special education reimbursement is inclusive, equitable, and centered on students’ rights, not on outsourcing to private providers. Redirect resources toward strengthening local public special education programs rather than creating committees that could pave the way for privatization. Conclusion HB?1099, while framed as an administrative or fiscal study, has deeply concerning implications for students with disabilities, equity, and public accountability. Its focus on private entities, without safeguards for inclusion or civil rights, aligns with historical patterns of ableist and exclusionary education policy. For the well-being of all students and the responsible use of taxpayer dollars, this committee should not be established, and the bill should be opposed.