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Committee hears clarification bill on alternative dispute resolution and IEP facilitation; legal redundancy struck by amendment
Summary
House Bill 532 would clarify differences among alternative dispute resolution methods used in special‑education disputes, and an amendment proposed by the Department removes language redundant with statutes adopted after last year’s audit response.
Representative Glenn Cordelli introduced House Bill 532 to clarify how three forms of dispute resolution — neutral conferences, mediation and IEP team facilitation — are treated in statute. The sponsor said the bill was intended to resolve confusion created when the three methods had different procedural elements.
Rebecca Ferdette of the Department of Education told the committee the department had previously removed IEP facilitation language but later restored it after the dispute‑resolution audit. The department supported retaining IEP facilitation and worked on language that clearly distinguishes between the three methods.
Senator Sullivan offered an amendment, explained by Diana Fenton of the Department of Education, to strike a paragraph that duplicates language added last year to RSA 186‑C:7 paragraph 6 in response to the dispute‑resolution audit. Fenton said the paragraph on pages 16–27 of the proposed bill would be redundant with the statute adopted last year and that the amendment would clean up duplication. Testimony from Bonnie Dunham, a parent‑advocate, supported the bill and the department amendment on grounds that an IEP facilitation is still an IEP team meeting and keeps the distinction clear for confidentiality and recordkeeping.
The committee completed the public hearing on HB 532 and received no further testimony.
Why it matters IEP facilitation, mediation and neutral conferences serve different roles in resolving disagreements over individualized education program (IEP) content and services. Clarifying the statutory treatment of each method reduces confusion for families, advocates and school staff and helps ensure confidentiality and recordkeeping rules are applied correctly.
Next steps The committee will consider the department’s amendment and decide whether to recommend passage.
