HB 467-FN – AS INTRODUCED
2011 SESSION
05/04
HOUSE BILL 467-FN
AN ACT relative to the procedure for school districts to determine if a child in the juvenile court system is a child with a disability.
This bill removes the requirement in the juvenile delinquency, child protection, and child in need of services statutes that the school district treat a request for determination of disability from the court in the same manner that the district would treat a referral from the child’s parent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0398
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the procedure for school districts to determine if a child in the juvenile court system is a child with a disability.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Delinquent Children; Disposition of a Minor with a Disability. Amend RSA 169-B:22, I to read as follows:
I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the minor is a child with a disability or of directing the school district to review the services offered or provided under RSA 186-C, if the minor has already been determined to be a child with a disability. [If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.]
2 Child Protection Act; Disposition of a Child with a Disability. Amend RSA 169-C:20, I to read as follows:
I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child is a child with a disability or of directing the school district to review the services offered or provided under RSA 186-C if the child had already been determined to be a child with a disability. [If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.]
3 Child In Need of Services; Disposition of a Child with a Disability. Amend RSA 169-D:18, I to read as follows:
I. At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child is a child with a disability as defined in RSA 186-C or of directing the school district to review the services offered or provided under RSA 186-C if the child has already been determined to be a child with a disability. [If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child’s parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child’s parent.]
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0398
Revised 01/27/11
HB 467 FISCAL NOTE
AN ACT relative to the procedure for school districts to determine if a child in the juvenile court system is a child with a disability.
FISCAL IMPACT:
The Judicial Branch, Department of Health and Human Services, and Department of Education state this bill will have no fiscal impact on state, county or local revenues and expenditures.
METHODOLOGY:
This bill amends three state statutes: RSA 169-B, RSA 169-C, and RSA 169-D by removing language requiring a school district to treat a request for determination of disability from the court in the same manner that the district would treat a referral from the child’s parent. The Judicial Branch indicated this bill would not change the way the courts process these cases. The Department of Health and Human Services stated this bill will have no fiscal impact on the Division for Children, Youth and Families, the Division of Juvenile Justice Services or the Bureau of Developmental Services. The Department of Education stated this bill will have no fiscal impact.