New Hampshire 2025 Regular Session

New Hampshire House Bill HB753 Compare Versions

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11 HB 753-FN - AS INTRODUCED
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1515 HOUSE BILL753-FN
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1919 AN ACTrelative to expedited due process hearings to enforce special education rights.
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2323 SPONSORS:Rep. N. Murphy, Hills. 12; Rep. McMahon, Rock. 17; Rep. Grossman, Rock. 11; Rep. Cordelli, Carr. 7; Rep. H. Howard, Straf. 4; Rep. Ball, Rock. 25; Rep. M. Smith, Straf. 10; Sen. Carson, Dist 14; Sen. Prentiss, Dist 5; Sen. Watters, Dist 4
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2727 COMMITTEE:Education Policy and Administration
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3535 ANALYSIS
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3939 This bill requires that expedited due process hearings must not exceed the timelines applicable to regular due process hearings in actions to enforce special education rights.
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4747 Explanation:Matter added to current law appears in bold italics.
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4949 Matter removed from current law appears [in brackets and struckthrough.]
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5151 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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5959 STATE OF NEW HAMPSHIRE
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6363 In the Year of Our Lord Two Thousand Twenty Five
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6767 AN ACTrelative to expedited due process hearings to enforce special education rights.
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7171 Be it Enacted by the Senate and House of Representatives in General Court convened:
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7575 1 New Paragraph; Special Education; Due Process Hearing. Amend RSA 186-C:16-b by inserting after paragraph I the following new paragraph:
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7777 I-a. In no case may an expedited due process hearing pursuant to 34 C.F.R. section 300.532(c)(2) exceed the timeline for conducting a regular due process hearing pursuant to 34 C.F.R. section 300.515(a).
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7979 2 Effective Date. This act shall take effect 60 days after its passage.
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8787 Revised 1/27/25
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9191 HB 753-FN- FISCAL NOTE
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9393 AS INTRODUCED
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9797 AN ACTrelative to expedited due process hearings to enforce special education rights.
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101101 FISCAL IMPACT:
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104104 Estimated Political Subdivision Impact
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106106 Local Revenue $0 $0 $0 $0
107107 Local Expenditures $0 Indeterminable
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111111 Estimated Political Subdivision Impact
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137137 Indeterminable
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141141 METHODOLOGY:
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143143 This bill requires that expedited due process hearings not exceed the time lines that are applicable to regular due process hearings in actions to enforce special education rights. By way of relevant background, pursuant to Ed 1123.18(e), a due process hearing must held within 45 days, which, based upon the plain language of the rule, includes weekends and holidays. However, an expedited due process hearing, which is governed by Ed 1123.25, is to be held within 20 school days, after the request for the hearing is filed. This difference in language accounts for the occasional discrepancy in how expedited due process hearings are scheduled. The Department of Education states this bill's impact, if any, on local school districts is indeterminable, and would vary from district to district, as it is unknown as to how many due process hearings this proposed bill may affect.
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147147 AGENCIES CONTACTED:
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149149 Department of Education