Bill Text: NH SB394 | 2022 | Regular Session | Amended
Bill Title: Relative to the definition of a child with a disability under special education laws and providing funding for special education costs for students over age 21 to age 22.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2022-06-22 - Signed by the Governor on 06/17/2022; Chapter 0230; Effective 06/17/2022 [SB394 Detail]
Download: New_Hampshire-2022-SB394-Amended.html
SB 394-FN - AS AMENDED BY THE HOUSE
02/16/2022 0590s
21Apr2022... 1538h
4May2022... 1770h
2022 SESSION
22-3046
10/04
SENATE BILL 394-FN
SPONSORS: Sen. Kahn, Dist 10; Sen. Ward, Dist 8; Sen. Sherman, Dist 24; Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18
COMMITTEE: Education
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AMENDED ANALYSIS
This bill modifies the definition of "child with a disability" to include persons up to 21 years of age. The bill also provides for reimbursement from the department of education for special education costs for students over age 21 until their 22nd birthday and provides funding therefor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/2022 0590s
21Apr2022... 1538h
4May2022... 1770h 22-3046
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
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 Department of Education; Special Education; Students Age 21; Funding.
I. For the 2022-2023 school year, department of education shall be liable for all school district costs related to providing services to special education students over age 21 until their 22nd birthday. Upon application by a school district, the department shall provide reimbursement for any such costs, which were not otherwise compensated for through other forms of state education aid. To qualify for reimbursement, a school district shall have utilized any unexpended federal Individuals with Disabilities Education Act (IDEA) funds for the fiscal year 2022 and any available IDEA American Rescue Plan Act funds. Payments shall be made to school districts under the payment schedule of special education aid under RSA 186-C:18.
II. Notwithstanding any law to the contrary, any unexpended funds for biennium ending June 30, 2023, in account 06-56-56-560040-3043-629 (special education aid), shall not lapse and shall be made available to the department of education for the purpose of providing reimbursements under paragraph I. Any remaining unexpended funds after all reimbursements have been made shall be transferred to 06-56-56-562010-3015 (court ordered placements). If amounts available under this paragraph are insufficient to cover reimbursements approved under paragraph I, an amount equal to the shortfall is hereby appropriated to the department from the education trust fund created under RSA 198:39. The governor is authorized to draw a warrant from the education trust fund to satisfy the state's obligation under this section.
3 Effective Date. This act shall take effect upon its passage.
22-3046
Amended 4/22/22
SB 394-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2022-1538h)
AN ACT relative to the definition of a child with a disability under special education laws and establishing a commission to study special education eligibility.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| 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 | $0 | Indeterminable Increase |
Funding Source: | [ ] General [ X ] Education [ ] Highway [ ] Other | |||
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LOCAL: |
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Revenue | $0 | $0 | $0 | Indeterminable Increase |
Expenditures | $0 | $0 | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill would change the definition of a “child with a disability” to include students between the ages of 3 and 21 (inclusive).
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 2025 and each year thereafter (one fiscal year lag based on data used for adequate education payments).
AGENCIES CONTACTED:
Department of Education
