HB 754-FN - AS AMENDED BY THE HOUSE
26Mar2025... 0608h
2025 SESSION
25-0868
09/05
HOUSE BILL 754-FN
SPONSORS: Rep. N. Murphy, Hills. 12; Rep. B. Boyd, Hills. 12; Rep. Grossman, Rock. 11; Rep. Kuttab, Rock. 17; Rep. Ball, Rock. 25; Rep. M. Smith, Straf. 10
COMMITTEE: Education Policy and Administration
-----------------------------------------------------------------
ANALYSIS
This bill establishes automatic discovery in due process hearings for actions seeking to enforce special education rights.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2025... 0608h 25-0868
09/05
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 New Paragraph; Special Education; Due Process Hearing; Automatic Discovery. Amend RSA 186-C:16-b by inserting after paragraph III-a the following new paragraph:
III-b.(a) The school district shall provide to the hearing officer assigned, with a copy to the parents, not less than 5 business days prior to any prehearing conference described in 20 U.S.C. section 1415(f)(2)(a) and RSA?541-A:31, V(c), items and information in the possession, custody or control of the school district, which shall form a set of core documents in every due process case.
(b) The specific core documents shall be limited to:
(1) Documentation of the IEP team’s deliberation and conclusions for the federal eligibility determination if eligibility is at issue in the due process complaint, pursuant to 20 U.S.C section 1414(b)(4) and 34 C.F.R. section 300.306;
(2) Current and/or partially accepted IEPs in place within the last 3 years;
(3) Complete and/or partial IEPs currently being proposed by the school district;
(4) Copies of all written prior notices within the last 3 years;
(5) Copies of any evaluations by school district staff or independent contractors of the school district at the school district’s request, pursuant to 20?U.S.C. section 1414(a) and 34 C.F.R. sections 300.301 and 305, within the last 3 years;
(6) Copies of any independent educational evaluations, and written recommendations from outside providers, pursuant to 20 U.S.C. section 1415(d)(2)(b) and 34 C.F.R. section 300.502 regarding eligibility, placement or the IEP program or services that were presented to the IEP team within the last 3 years; and
(7) All progress reports, pursuant to 20 U.S.C. section 1412(a)(15) and 34 C.F.R. section 300.157, related to IEP goals, benchmarks, short-term objectives, or progress toward meeting the annual IEP goals, within the last 3 years.
(c) This paragraph's provision for requiring the presentation of core documents listed above shall not interfere with and does not negate any right or obligation of either party to comply with voluntary discovery requests and the presentation of supplementary information. This supplemental provision and disclosure of documents shall occur pursuant to the timelines described in 20 U.S.C sections 1415(f)(2) and 1415(h) and 34 C.F.R. section 300.512(b).
(d) An updated copy of the procedural safeguards pursuant to 20 U.S.C. section 1415(d) and 34 CFR section 300.504, including this section, shall be given to the parents of a child with a disability before the child’s next IEP meeting.
2 Effective Date. This act shall take effect upon its passage.
25-0868
1/11/25
HB 754-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
| ||||
Estimated Political Subdivision Impact | ||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 |
Local Revenue | $0 | $0 | $0 | $0 |
Local Expenditures | $0 | Indeterminable | ||
METHODOLOGY:
This bill, effective for the 2025-2026 school year, establishes automatic discovery in due process hearings for actions seeking to enforce special education rights. Costs to local schools districts to comply with this bill are indeterminable, as the number of actions that may be brought forward cannot be predicted.
AGENCIES CONTACTED:
Department of Education