HB 754-FN - AS INTRODUCED
2025 SESSION
25-0868
09/05
HOUSE BILL754-FN
AN ACTestablishing automatic discovery in due process hearings for actions seeking to enforce special education rights.
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
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ANALYSIS
This bill establishes automatic discovery in due process hearings for actions seeking to enforce special education rights.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0868
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTestablishing automatic discovery in due process hearings for actions seeking to enforce special education rights.
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) In any action against a local school district seeking to enforce special education rights under state or federal law, and the complaint has not been resolved during the 30-day resolution period provided in 34 C.F.R. section 300.510, the local school district shall disclose to the parent, legal guardian or surrogate parent, and permit to discover, inspect, and copy, all items and information that relate to the appropriateness of the child's program or placement, or of the program or placement proposed by the local school district, and are in the possession, custody, or control of the local school district, at least 5 business days before any prehearing conference described in RSA 541-A:31, V(c).
(b) Such discoverable items and information shall include, but not be limited to:
(1) Specific documentation for the federal eligibility determination.
(2) Current and/or partial IEPs in place within the last 3 years.
(3) Complete and/or partial IEPs being proposed.
(4) Copies of written prior notices within the last 3 years.
(5) Any reports or testing supporting the current and/or partial IEPs in place.
(6) Any reports or testing supporting the complete and/or partial IEPs being proposed.
(7) Any progress reports related to IEP goals, benchmarks, short-term objectives, or progress toward meeting the annual IEP goals.
2 Effective Date. This act shall take effect July 1, 2025.
LBA
25-0868
1/11/25
HB 754-FN- FISCAL NOTE
AS INTRODUCED
AN ACTestablishing automatic discovery in due process hearings for actions seeking to enforce special education rights.
FISCAL IMPACT:
Estimated Political Subdivision Impact
FY 2025 FY 2026 FY 2027 FY 2028
Local Revenue $0 $0 $0 $0
Local Expenditures $0 Indeterminable
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