Committee adopts amendment to require Department of Education to list rules exceeding federal minimums and fiscal impacts

The committee adopted an amendment to House Bill 718 that moves responsibility from the State Board of Education to the Department of Education and requires identification of rules that exceed federal minimum requirements, including a statement of unfunded fiscal impact on school districts. The amendment also changed the bill's effective date to Jan. 1, 2026 to give the department time to comply.

Senators debated the policy implications of listing rules that exceed federal minimums. Senator Oschler raised concerns that identifying rules that exceed federal minima could imply rolling back state practice—for example, New Hampshire’s rules require transition planning for IEPs at age 14, while federal minimums are at age 16. Oschler said that the state’s earlier transition planning contributes to better graduation and postsecondary outcomes for students with disabilities.

Other senators argued the amendment is informational rather than prescriptive. The chair noted the amendment “just means stating that the requirement has been exceeded” and does not itself change policy or prohibit exceeding federal minima.

Senator Rosenwald asked committee members to consider that the Office of the Auditor’s performance audit division was finishing an audit of the department’s oversight of special education and expected a substantial number of findings; Rosenwald suggested caution about adding reporting requirements while that audit is pending.

The amendment passed on a voice vote; the committee then passed the bill as amended by a recorded voice vote noted in the transcript as 4 in favor and 2 opposed. The committee’s adopted amendment added unfunded fiscal‑impact reporting and adjusted the effective date to 01/01/2026.

The discussion emphasized the difference between reporting information for transparency and making policy changes that would alter current state special education practice.