HB 601-FN-A-LOCAL – AS INTRODUCED
2007 SESSION
04/09
HOUSE BILL 601-FN-A-LOCAL
AN ACT transferring the portion of special education costs directly related to health issues to the department of health and human services.
SPONSORS: Rep. Mulholland, Graf 10
This bill requires the department of health and human services to be liable in full for that portion of a child’s special education and related services resulting from a child’s medical condition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1009
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT transferring the portion of special education costs directly related to health issues to the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Special Education; Liability for Expenses. Amend RSA 186-C:13, I by inserting after subparagraph (b) the following new subparagraph:
(c) The department of health and human services shall be liable in full for that portion of a child’s special education and related services resulting from a child’s medical condition, as documented in the child’s individualized education plan.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
07-1009
Revised 03/21/07
HB 601 FISCAL NOTE
AN ACT transferring the portion of special education costs directly related to health issues to the department of health and human services.
FISCAL IMPACT
The Department of Health and Human Services and Department of Education state this bill will have an indeterminable fiscal impact on state and local expenditures, and state restricted revenue in FY 2008 and each year thereafter. This bill will have no fiscal impact on county and local revenue, or county expenditures.
METHODOLOGY
The Department of Health and Human Services states this bill makes the Department liable in full for that portion of a child’s special education and related services resulting from a child’s medical condition, as documented in the child’s individualized education plan (IEP). The bill changes the present structure of how special education services are funded. The Department states it is likely that the bill will increase litigation in special education cases as to what is a true medical condition and which portion of the special education and related services from the medical condition. Presently, the Department pays for medical costs deemed necessary for a child through the Medicaid to Schools Program. Generally, the Department is not involved in the development of a child’s IEP. If the Department is to pay for what would amount to all or almost all special education and related services costs it would need to be present when a child’s needs are discussed and decided upon. Given the numerous Local Education Agencies across the state and the numbers of special education students that each require a new IEP annually, the Department would need to employ additional staff to accomplish this task. The exact fiscal impact cannot be determined at this time.
The Department of Education states it is unable to calculate a fiscal impact because the bill does not provide a clear understanding of child medical condition to be borne by the State. No estimate of fiscal impact was provided.