HB 193 - AS AMENDED BY THE SENATE
3/29/01 0507s
2001 SESSION
04/09
HOUSE BILL 193
AN ACT relative to payment by the state for certain court-ordered placements of special education students.
This bill requires the state to pay the full cost of special education services provided to all court-ordered, out-of-district placements of special education pupils.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/29/01 0507s
01-0344
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to payment by the state for certain court-ordered placements of special education students.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Special Education; Liability for Court-Ordered Placements Amended. Amend the introductory paragraph and subparagraph (a) of RSA 186-C:19-b, II to read as follows:
II. The [school district liability for] department of education shall be liable for all expenses for special education or for special education and educationally related services for an educationally disabled child in placement for which the department of health and human services has financial responsibility [shall be limited to 3 times the estimated state average expenditure per pupil, for the school year preceding the year of distribution. The liability of a school district under this section shall be prorated if the placement is for less than a full school year and the district shall be liable for only the prorated amount. This section shall not limit a school district's financial liability for children who receive special education or special education and educationally related services in a public school or program identified in RSA 186-C:10] pursuant to subparagraph I(a) of this section.
(a) [Any] All costs of special education or special education and educationally related services [in excess of 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution] shall be the liability of the department of education. Costs for which the department of education is liable under this section shall be paid to education service providers by the department of education. The department of education shall develop a mechanism for allocating the funds appropriated for the purposes of this section.
2 Effective Date. This act shall take effect 60 days after its passage.