7-11-08 Today Governor Lynch signed into law HB766 and HB679. Some photos:

Governor Lynch signs HB 766 into law.

Advocates surround Governor Lynch before he signs the bill.

Sean Dunham speaks with Governoir Lynch after the bill is signed.

Sean Dunham and Governor Lynch.

Rep. Nancy Stiles, main sponsor of the bill, receiving a gift from Bonnie Dunham.

Rep. Nancy Stiles gives a signing pen to Richard Cohen.

Rep. Claire Clarke cuts the cake at the reception while Heather Thalheimer and Bonnie Dunham look on.

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(History)

6-12-08 The State Board of Education gave final approval to the state regulations. All the revisions will go into effect on June 30, 2008. These revisions retain many important protections and improve upon the prior regulations, all aimed at ensuring an appropriate education for children with disabilities.

5-22-08:

• Substantial Improvements to NH Special Education law passes Both House and Senate
• Special Education Rules Receive Conditional Approval For Adoption

On Wednesday May 21, 2008 the House concurred with the Senate version of HB 766 and HB 679.  The bills will now be on their way to the Governor for his signature.  The House decided that it was not necessary to set up a conference committee to work out the very minor differences between the versions of the bills and concurred with the Senate changes.
Key changes in HB 766 include:

• In the definition of “a child with a disability”, clarifies that the definition includes children with acquired brain injury who otherwise are eligible to receive special education.  Also simplifies the eligibility process for a child with a developmental delay;
• Includes short-term objectives or benchmarks as part of each child’s IEP, unless the parent agrees that they are not necessary for one or more of the child’s annual goals;
• Promotes education in the least restrictive environment.  Provides an incentive for school districts to build their capacity to meet children’s needs within district;
• Strengthens the State Department of Education’s oversight, monitoring, technical assistance and accountability, with an increased emphasis on educational and functional skill results rather than just procedural compliance;  
• Better ensures that incarcerated children with disabilities receive special education;
• Makes the language in the section on extended school year services more clear, particularly in regards to preschool children with disabilities;
• Allows courts to award reimbursement for expert witness fees to a parent who prevails at a due process hearing, “when the court determines that a school has not acted in good faith in developing or implementing the child’s individualized education program, including appropriate placement”; and
• Improves coordination between schools and other agencies serving children in order to (1) avoid duplication and prevent delays in children receiving services when agencies disagree over who is financially responsible, and (2) to promote better transitions when children enter school from early intervention and later from high school to post-secondary, employment, adult living and/or service systems.

Key changes in HB 679 include:

• Requires that police and others involved in the criminal justice system notify the responsible school district when they are placing a child into a juvenile diversion program
• Mandates that juvenile courts ask court-involved children and their families about whether there is evidence of a disability, and then requires that children with disabilities consult with lawyers before giving up their rights.
• Requires the school to investigate whether a child has an educational disability when notified by a juvenile court that a student is involved in a juvenile case.

HB 766 passed the House on a roll call vote of 224-108.  To see how each House member voted click on http://www.gencourt.state.nh.us/ie/rollcall/rollcallsbyvotedetail.asp?sessionyear=2008&voteno=13&body=H .
HB 679 passed by a vote of 221-110.  To see how each House member voted click on http://www.gencourt.state.nh.us/ie/rollcall/rollcallsbyvotedetail.asp?sessionyear=2008&voteno=12&body=H .
Both bills passed the Senate on a voice vote so there is no roll call listing. 
Special kudos to the prime sponsor Representative Nancy Stiles who championed a broad base task force which helped to develop these bills and shepard them through the Legislature as well as to the co-sponsors, Rep. Claire Clarke, Rep. Arthur Jillette, Rep. Kimberly Casey, Rep. Gene Charron,  Rep. Daniel Itse and Sen. Maggie Hassan for their work and commitment.
It was DRC’s pleasure to work with those and other Legislators on these bills, parents, other stakeholders, the Statewide Advisory Committee, the Department of Education and a key group of individuals who brought different perspectives or backgrounds to the effort but share one common value - - commitment to excellence in education and equal opportunities for all children.  They were Carol Burmeister, former special education director and now consultant, Audrey Burke, parent, Bonnie Dunham, parent and staff member of Parent Information Center, Peter Smith, parent special education attorney and Jackie Teague, former long term employee of the DOE’s Bureau of Special Education and now consultant.
                                                            Richard Cohen
                                                            Michael Skibbie
                                                            Disabilities Rights Center

05/19/08:  MORE GOOD NEWS:  On Friday, May 16, 2008 The Joint Legislative Committee on Administrative Rules voted to give conditional approval to the NH Rules that were adopted by the State Board of Education on April 9th.  JLCAR asked the Department of Education to make one minor change in the text of the Rules, which they will do, and then the State Board should vote to give its final approval of the Rules at their June 11th meeting.
Key areas where the NH Rules, adopted by the State Board of Education on April 9, 2008 maintained important rights for children with disabilities and their parents:

1. Short-term objectives for all children with disabilities unless the parent determines them unnecessary for some or all of the child’s annual goals;
2. 45-day evaluation timeline (with one 15-day extension allowed); 
3. Transition services planning beginning by age 14;
4. The “sufficiency statement” (whether the child’s progress is sufficient to meet the annual goal) as part of the regular progress reports to parents;
5. Parental consent requirements for each step in the special education process;
6. 10-day written notice before an IEP meeting (5 days for manifestation meetings);
7. A complete copy of the IEP for each of the child’s teachers/service providers and parents;

Additionally, the NH Rules require:

1. Response within 21 days when a parent requests an IEP meeting;
2. Access to evaluation reports and other relevant documents 5 days prior to an IEP meeting;
3. Timeline and procedures to be followed for excusals of IEP team members; and
4. More clear and comprehensive monitoring, enforcement and corrective action processes.