Bill Text: NH SB394 | 2022 | Regular Session | Introduced
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-Introduced.html
SB 394-FN - AS INTRODUCED
2022 SESSION
22-3046
10/04
SENATE BILL 394-FN
AN ACT relative to the definition of a child with a disability under special education laws.
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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ANALYSIS
This bill modifies the definition of "child with a disability" to include persons to 21 years of age and for the school year during which they turn 21.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3046
10/04
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 under special education laws.
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] to 21 years of age, including the full school year during which the person turns 21 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 ages] person age 18 years of age to 21 years of age, including the full school year during which the person turns 21, who was identified as a [child] student 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] student with a disability but did not have an individualized education program in his or her last educational institution. A child receiving services in accordance with an individualized education program who turns age 21, shall continue to receive services until the end of the school year.
2 Effective Date. This act shall take effect 60 days after its passage.
22-3046
Redraft 12/20/21
SB 394-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the definition of a child with a disability under special education laws.
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 | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ X ] Education [ ] Highway [ ] Other | |||
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LOCAL: |
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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 school year in which they turn 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 of Education
