April 30, 2008

Great news!  The Senate Education Committee voted yesterday to recommend HB766 “ought to pass”.  While there were several amendments proposed, ultimately the Committee voted to pass the bill without making any substantive changes. 

Thank you very much to all of the parents and advocates who have written letters and made calls in support of HB 766, and most importantly thank you to the Senate Education Committee members who supported HB 766!  We’re getting closer to getting this bill passed and signed by the Governor – but we can’t stop yet!

Next, HB 766 will go to the Senate floor for a vote by the entire Senate.  The vote will be held this Thursday, so it is very important that the Senators hear from their constituents before then.  Please contact YOUR Senator and ask them to support HB 766.  Be sure to let them know that you are one of their constituents.  Those calls will truly make a difference!   If you aren’t sure who your Senator is, you can find out by going to: http://www.gencourt.state.nh.us/ie/whosmyleg

Key issues in HB 766:

• Brings NH in compliance with IDEA 2004 so that the educational needs of children with disabilities are met and NH continues to receive federal approval and federal special education funding.
• Maintains short-term objectives for all IEP's, but allows the parent to decide that STOs are not needed for some or all of their child’s annual goals (NOTE: Even though short-term objectives are included in the proposed NH Rules, if they are not included in RSA 186-C, they are at much greater risk of being lost in the future);
• In the definition of “a child with a disability”, clarifies that the definition includes children with acquired brain injury who meet the criteria to receive special education. Also simplifies the eligibility process for a child with a developmental delay;
  
• 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, but only “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”;
• Improves coordination between schools and other agencies serving children in order to avoid duplication and prevent delays in children receiving services when agencies disagree over who is financially responsible, and to promote better transitions when children enter school from early intervention and later when they exit from high school to post-secondary, employment, adult living and/or service systems.

If you have questions or would like more information, or to join the e-mail action alert list, please contact Dick Cohen at the Disabilities Rights Center - richardc@drcnh.org / 228-0432, or Bonnie Dunham at home – bsdunham@comcast.net / 424-4024.