Bill Text: NH HB1513 | 2022 | Regular Session | Introduced


Bill Title: Relative to the definition of a child with a disability for purposes of special education.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2022-01-09 - Public Hearing: 01/21/2022 09:00 am Legislative Office Building 205-207 [HB1513 Detail]

Download: New_Hampshire-2022-HB1513-Introduced.html

HB 1513-FN - AS INTRODUCED

 

 

2022 SESSION

22-2166

10/08

 

HOUSE BILL 1513-FN

 

AN ACT relative to the definition of a child with a disability for purposes of special education.

 

SPONSORS: Rep. B. Boyd, Hills. 21; Rep. Cordelli, Carr. 4; Rep. Spillane, Rock. 2; Rep. Ladd, Graf. 4; Rep. McLean, Hills. 44; Rep. Moffett, Merr. 9; Rep. Verville, Rock. 2; Sen. Reagan, Dist 17; Sen. Watters, Dist 4

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill modifies the definition of "child with a disability" to include persons up to 21 years of age.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2166

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the definition of a child with a disability for purposes of special education.

 

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

 

1  Special Education; Definition; Child with a Disability.  Amend RSA 186-C:2, I to read as follows:

I.  "Child with a disability" means any person [3 years of age or older but less than 21 years of age] between the ages of 3 and 21, inclusive, who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, acquired brain injury, another health impairment, a specific learning disability, deaf-blindness, multiple disabilities, or a child at least 3 years of age but less than 10 years of age, experiencing developmental delays, who because of such impairment, needs special education or special education and related services.  "Child with a disability" shall include a [child] person between the ages of 18 [to] and 21 inclusive, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution.

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

 

LBA

22-2166

12/2/21

 

HB 1513-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the definition of a child with a disability for purposes of special education.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [ X ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill would change the definition of a “child with a disability” to include students through the age of 21 and up to when the child turns 22. Currently, the law defines a “child with a disability” as those students ages three (3) or older, but less than twenty-one (21).

 

Through its October 1, 2020, child count, the Department of Education identified children with disabilities within the New Hampshire Special Education Information System (NHSEIS), who are turning 21 over the next year, and who will be turning 21 in the next two years in a residential placement and considered high-cost children with disabilities:

 

• 6 children with disabilities turning 21 during the current school year (21-22)

• 9 children with disabilities turning 21 during the next school year (22-23)

• 9 children with disabilities turning 21 during the following school year (23-24)

 

The Department identified children with disabilities within the NHSEIS who are turning 21 over the next year and who will be turning 21 in the next two years in a separate school and considered high-cost children with disabilities:

 

• 26 children with disabilities turning 21 during the current school year (21-22)

• 22 children with disabilities turning 21 during the next school year (22-23)

• 39 children with disabilities turning 21 during the following school year (23-24)

 

While there would be some financial impact to districts, the amount is indeterminable as it would depend on the school the children with disabilities attend. For informational purposes, the Department has provided that an approved private provider of special education ranges from $22,117 to $140,359 annually.

 

In addition to the potential costs to school districts discussed above, this bill may impact state adequate education payments to the extent a special education student remains in district counts for an additional year. Therefore, this bill would result in an increase in state education trust fund expenditures and local school district revenue in FY 2024 and each year thereafter (one fiscal year lag based on data used for adequate education payments).

 

AGENCIES CONTACTED:

Department Education

 

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