2001 SESSION

01-0616

04/10

SENATE BILL 117

COMMITTEE: Education

ANALYSIS

This bill provides criteria for extended school year services for educationally disabled children and defines "parent" and "adult student" in this context.

This bill is a request of the department of education.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0616

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraphs; Special Education; Definitions Amended. Amend RSA 186-C:2 by inserting after paragraph VI the following new paragraphs:

VII. "Adult student" means a child with a disability who is:

(a) 18 years of age but less than 21 years of age and who has not been adjudged incompetent; or

(b) An emancipated minor.

VIII. "Parent" means a natural or adoptive parent, or a duly appointed guardian. "Parent" shall not include the state when the state has legal guardianship, or a surrogate parent as defined in RSA 186-C:14, II (a).

2 Special Education; Individual Education Plans; Reference Amended. Amend RSA 186-C:7, III to read as follows:

III. The division of educational improvement of the department of education shall assist each school district in developing an approved program or programs for educating the educationally disabled children of the district including the setting of approved rates for private providers of special education services pursuant to RSA [21-N:5, I(h)] 21-N:5, I(g).

3 Special Education; Length of School Year; Extended School Year Services. Amend RSA 186-C:15 to read as follows:

186-C:15 Length of School Year. The length of the school year for an educationally disabled child shall be the same as that provided by the local school district for a child not educationally disabled, except that the local school district shall provide an approved program for an extended period when [it can be demonstrated by a preponderance of evidence] the individualized education program team determines, in accordance with rules adopted by the state board of education, that interruption of the program of an educationally disabled child would result in severe and substantial harm and regression and would have the effect of negating the benefits of such educationally disabled child's regular special education program.

4 Special Education; Rulemaking Amended. Amend RSA 186-C:16, VII and VIII to read as follows:

VII. Determining the length of the school year for disabled children; [and]

VIII. Rate setting for private providers of special education services; and

IX. Other matters related to complying with provisions of this chapter.

5 Effective Date. This act shall take effect 60 days after its passage.