CHAPTER 67

HB 1443 - FINAL VERSION

2002 SESSION

02-2444

04/10

HOUSE BILL 1443

AN ACT relative to liability for educational expenses incurred during placement in certain department of health and human services facilities.

SPONSORS: Rep. Babson, Carr 5

COMMITTEE: Education

ANALYSIS

This bill provides that expenses incurred during placement in certain department of health and human services facilities shall be based on a parent's current residence and not on the parent's residence as of January 1 in a given year.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-2444

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to liability for educational expenses incurred during placement in certain department of health and human services facilities.

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

67:1 Department of Health and Human Services; Educational Expenses. Amend RSA 126-A:39, I to read as follows:

I. Educational expenses of any resident or patient, who is capable of being benefited by instruction and who is between 3 and 21 years of age, as required under statute and incurred in the institutions named in or at the direction of the commissioner in any public or private institution or elsewhere, shall be recovered from the school district in which the patient's or resident's parents or legal guardian reside [on the January 1 preceding the recovery] up to the state average elementary cost per pupil, as determined by the state board of education for the preceding school year. The liability of the school district for such expenses shall precede that of the persons or estates named in RSA 126-A:36 and RSA 126-A:37, which are hereby relieved of liability for such expenses to the extent of the school district's liability.

67:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 26, 2002)

(Effective Date: June 25, 2002)