This bill amends the existing law regarding alternative dispute resolution (ADR) methods for special education disputes by allowing IEP (Individualized Education Program) team meeting facilitation to be included as an option for parents and school districts. The current law, RSA 186-C:23, is repealed and reenacted to specify that the methods available for resolving differences of opinion include neutral conferences, mediation, and IEP facilitation. The bill mandates that the local education agency must notify the Department of Education in writing when a parent rejects an IEP, triggering a 30-day discussion period during which the department will inform the parent about the ADR process. If both parties agree to use this option, an ADR conference will be scheduled, although it cannot delay a due process hearing unless both parties consent to a postponement.

Additionally, the bill establishes confidentiality for ADR proceedings, ensuring that any information or admissions made during these sessions cannot be disclosed or used in subsequent legal proceedings. It also clarifies that no record will be made of the ADR proceedings, and evidence that would typically be admissible in a due process hearing will not be rendered inadmissible due to its involvement in ADR. The Department of Education is tasked with adopting rules to govern these procedures, and the act will take effect 60 days after its passage.

Statutes affected:
Introduced: 186-C:23
As Amended by the House: 186-C:23