CHAPTER 76

HB 1551 - FINAL VERSION

12Apr2018... 1509-EBA

2018 SESSION

18-2038

06/10

HOUSE BILL 1551

AN ACT relative to the retention of records of individualized education programs.

SPONSORS: Rep. Hill, Merr. 3

COMMITTEE: Education

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ANALYSIS

This bill provides a time period for the retention by local education agencies of a student's individualized education programs.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Apr2018... 1509-EBA 18-2038

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to the retention of records of individualized education programs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

76:1  New Section; Special Education; Retention of Records; Individualized Education Programs.  Amend RSA 186-C by inserting after section 10 the following new section:

186-C:10-a  Retention of Individualized Education Programs.

I.  Upon a student's graduation from high school, his or her parents may request the local education agency in writing to have the student's records and final individualized education program destroyed at that time or request that the records be retained until the student's twenty-sixth birthday.  The parents may, at any time prior to the student's twenty-sixth birthday, request, in writing, that the records be retained until the student's thirtieth birthday.

II.  Absent any request by a student's parents at the time of graduation, the local education agency shall destroy a student's records and final individualized education program within a reasonable time after the student's twenty-sixth birthday, provided that all such records be destroyed by the student's thirtieth birthday.  

76:2  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 25, 2018

Effective Date: July 24, 2018