HB 1443 - AS INTRODUCED
2024 SESSION
24-2589
02/10
HOUSE BILL 1443
AN ACT relative to special education dispute resolution.
SPONSORS: Rep. Hobson, Rock. 14
COMMITTEE: Education
-----------------------------------------------------------------
ANALYSIS
This bill changes the process of neutral conferences under alternative dispute resolutions for children receiving special education services.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2589
02/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to special education dispute resolution.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alternative Dispute Resolution; Neutral Conference. Amend RSA 186-C:23-b, I-II(e)(1) to read as follows:
I. Neutral conference shall consist of an informal, abbreviated presentation of case facts and issues by the parties to a neutral who is responsible for reviewing the strengths and weaknesses of the case and issuing a recommendation. If the neutral conference is selected, the department of education shall [provide the parties with resumes of 5 neutrals] select a neutral on a rotational basis. [The parties shall agree to the selection of one neutral to preside at the conference.] Following such selection, the department shall schedule the neutral conference and shall provide the parties with the neutral's name and address, the time, date, and place of the neutral conference, and the date by which the parties shall furnish the neutral with required information and documentation.
II.(a) Not less than 5 days prior to the neutral conference, the parties shall submit to the neutral and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.
(b) Parties shall not communicate with the neutral concerning their case.
(c) At the neutral conference, the parties shall be present and shall have authority to authorize settlement.
(d) If the neutral deems it necessary, such neutral may request additional written information prior to the conference from either party. At the neutral conference, the neutral may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement. The conference shall be limited to not more than 2 hours, unless changed by agreement of the parties.
(e)(1) At the conclusion of the oral statements, the neutral shall issue an oral opinion to the parties. The opinion shall contain a suggested settlement or disposition and the reasons therefor. The role of the neutral is not to provide a decision, but, after listening to each party’s perspective of the dispute and defining the issues, offer options to think about as a way to possibly settle the dispute by helping the participants to open dialogue, search for possible solutions and present possible scenarios to arrive at a mutual resolution. The neutral can offer an opinion as to whether the remedy a party wants is allowed under the law. The neutral can provide insights as to how a hearing officer may view the particular matter.
2 Mediation; Procedure. Amend RSA 186-C:24, III(c) to read as follows:
(c) Assign mediators on a [regional] rotational basis.
3 Effective Date. This act shall take effect January 1, 2025.