Senate Bill 138 Quality Improvement Committee Report

Senate Bill 138, which was passed during the 2007 legislative session, established a committee to review and make recommendations regarding the quality assurance and improvement elements and activities within New Hampshire’s community-based developmental services system. The Committee’s broad-based membership met on 20 occasions and produced this report to assist the Bureau of Developmental Services (BDS), area agencies and their subcontract agencies to address a variety of issues related to quality.

Read or download the report HERE

2009 Proposed Legislation

For 2009 proposed legislation, please check out the legislative section of the New Hampshire Website HERE.

SUMMARY of BILLS PASSED in the 2008 Session Supported by the COUNCIL

June 30, 2008

At the end of the 2008 Session on June 15th, the following bills supported by the Council had passed the House and Senate.  Some have already been signed into law by the Governor and we expect he will sign them all when they reach his desk.  Overall, it was a very successful session for most bills supported by the Council.  It was also noteworthy that recipients of the Council’s Legislative Awards were involved in either sponsoring or supporting these bills.

HOUSE BILLS

* HB 679 relative to improving the delivery of special education services. (Rep. Nancy Stiles, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB0679.html

Explanation:  The Council voted to support this in January.  It adds provisions in the law to improve coordination of services for children receiving special education services who are also subject to child protection or juvenile proceedings.

Status:  Passed House and Senate. Signed by the Governor on 6/27/08.  Effective 7/1/08.

* HB717 enabling municipalities to establish local “Community Services and Care Planning Boards.”   (Rep. Barbara French, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB0717.html                 

Explanation:  This has been a high priority bill for the Council since Gordon had it filed in 2006.  This bill allows municipalities to establish local “Community Services and Care Planning Boards” that will develop a master plan for strengthening communities, improving local supports and care (the local safety net), building the social well-being and connections between all residents, and increasing the integration of all members of the community – and especially members with disabilities - into community life.  The bill also requires these civic planning boards prepare an annual report on how well the community is doing.  The overall objective is to provide municipalities with an important new tool to tap and nurture the NH spirit of community and to enable them to create more vibrant, inclusive, and supportive communities for all their residents.

Status:  Passed the House and Senate. Signed by the Governor on 05/12/2008. Effective 07/11/2008.

* HB 766, making changes (a major update and revision) to NH’s special education laws. (Rep. Nancy Stiles, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB0766.html

Status:  Passed House and Senate.  Enrolled.  Governor intends to sign and a ceremonial bill signing will take place on Friday, July 11th.

Explanation:  This bill was a high Council priority because it makes many updates and revisions to NH’s special education laws needed to incorporate improvements in technology and changes in federal law.  As a result of the presentation by Adrienne and Dick Cohen in January, the Council voted to strongly support the bill and sent a letter to all House Members from Mariellen expressing this strong support and the reasons for it.  Major improvements are as follows (taken from the DRC Website):

• 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.  

HB 1301 expands the definition of "service dogs".  (Rep. Joy K Tilton, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB1301.html

Explanation:  This bill expands the definition and use of service dogs to apply to a person with recognized seizure disorders diagnosed by a physician.

Status:  Passed the House and Senate.  Enrolled.  Awaiting action by the Governor.

* HB 1447  relative to Medicaid for Employed Adult with Disabilities (the Medicaid Buy-in or MEAD Program) for employed adults with disabilities.  (Rep. Tom Donovan, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB1447.html

Explanation:  This bill strengthens and corrects administrative problems in the MEAD Program.  This bill was very high priority legislation for the Council and a major focus for Carol this session because it protects the MEAD Program that the Council helped pass.  This bill allows people who accumulate savings while participating in the MEAD program to keep their savings after they leave the MEAD program and still need Medicaid, and assures that people of all income levels who are served through Medicaid waivers can participate in MEAD and not have to pay “cost of care” assessments. Self-employed individuals who earn less than minimum wage would be allowed to participate in MEAD. 

Status:  Passed the House and Senate.  Signed by the Governor on 05/21/2008; Effective 07/20/2008.

HB 1532 to limit snow and obstruction from parking spaces designated for disabled persons. (Rep. Robert J L'Heureux, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB1532.html              

Explanation: This bill makes it a violation for a property owner to (a) allow any unreasonable obstruction of any parking place, or access aisle reserved for a person with a walking disability after 24 hours following the conclusion of an adverse weather event, or (b) allow the accumulation of debris or large objects, such as trash containers, to unreasonably obstruct any parking place or access aisles reserved for a person with a walking disability without providing suitable on-site, equivalent, alternative parking spaces. Violations are subject to a $250 fine.

Status:  Passed the House and Senate.   Enrolled.  Awaiting action by the Governor.

* HB 1634 establishing the New Hampshire council on autism spectrum disorders. (Rep. Suzanne Butcher, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/HB1634.html

Explanation:  This bill was a high Council priority and Kirsten Murphy played a major role in the commission that preceded it and getting it passed.  HB 1634 establishes the New Hampshire Council on Autism Spectrum Disorders (a permanent and ongoing group) to coordinate supports and services for individuals and their families.

This bill resulted from the 2007 commission to study autism spectrum disorders in New Hampshire which recently produced the excellent report that Kirsten Murphy played such an important role in writing and producing.

Status:  Passed by the House and Senate. Signed by the Governor 06/11/2008; Effective 08/10/2008.

SENATE BILLS

SB 396  relative to the establishment of a statewide transportation policy. (Sen. Molly Kelly)

http://www.gencourt.state.nh.us/legislation/2008/SB0396.html

Explanation:  Specifically includes consideration of the needs of elderly and disabled. The following is the explanation for why the bill was sent to Interim Study: “The purpose of this bill is to integrate land use considerations and public transportation alternatives into a statewide transportation policy.  The majority of the committee is in complete agreement with the intent and purpose of the bill.  However, the committee unanimously voiced concern that the bill, as written, could give standing in state courts for individuals or groups to challenge “capital investment decisions, transportation planning decisions and project decisions of the department of transportation,” which is not the stated intent of the sponsors.  Therefore, the committee asks the House to refer this bill to Interim Study so that the committee can tighten up the language and establish a state transportation policy that includes: land use and planning, multiple means of transportation, energy and economic efficiency and environmental considerations.” 

Status:  Passed the Senate.  Referred to Interim Study by the House.

* SB 529 eliminating references to “mental retardation” in certain state laws. (Sen. Maggie Hassan, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/SB0529.html

Explanation:  Removes references to mental retardation, substituting “intellectual disability.”  The Council assisted People First with research for this bill, and a letter of support on behalf of the Council written by Roberta was distributed to all committee members.

Status:  Passed House and Senate.  Signed by the Governor On 05/12/08. Effective Date Sec. 10, 07/01/08. Remainder Shall Take Effect 07/11/08.

* SB 539  to the cost of an adequate education and provision of fiscal capacity disparity aid.  (Sen. Iris Estabrook, Prime Sponsor)

http://www.gencourt.state.nh.us/legislation/2008/SB0539.html

Explanation: One controversial provision of the bill as it passed the Senate would have directed additional funding to districts based on the number of special education students in self-contained classrooms. There was concern that this provision would create a financial incentive to segregate students with disabilities. This provision was removed and does not appear in the final version. 

Chris Collier testified to remove this provision on behalf of the Council and was quoted extensively in the press – and removing it was a significant victory.

The following summary, taken from the bill, summarizes the provisions in the final version of the bill.

I. Determines the per pupil cost of the opportunity for an adequate education which includes differentiated aid distributed to schools based on the number of pupils receiving special education services, or eligible for a free or reduced-price lunch, or who are English language learners.

II. Requires schools receiving differentiated aid to use it to implement enhanced programs known to improve pupil achievement.

III. Establishes a joint legislative oversight committee on accountability for an adequate education.

IV. Provides fiscal capacity disparity aid, in addition to aid for the cost of the opportunity for an adequate education, based on a municipality’s equalized valuation, including utilities, per pupil and median family income.

V. Provides fiscal capacity disparity aid to state-approved charter school.

VI. Provides aid to certain municipalities for the 2010 and 2011 fiscal years by ensuring that no school district receives a total education grant exceeding that district's total education grant for the 2009 fiscal year by more than 15 percent and that no school district's total education grant is less than its total education grant for the 2009 fiscal year during that time period.

Summary:  Passed the Senate and House.  Enacted without the governor’s signature. Various provisions effective June 30, 2008 and July 1, 2008.