HB 581 - AS INTRODUCED
2021 SESSION
21-0702
06/05
HOUSE BILL 581
AN ACT relative to the burden of proof in special education hearings.
SPONSORS: Rep. Cordelli, Carr. 4; Rep. Verville, Rock. 2; Rep. Thomas, Rock. 5; Rep. Spillane,
Rock. 2; Rep. McLean, Hills. 44; Rep. Rouillard, Hills. 6; Sen. Reagan, Dist 17
COMMITTEE: Education
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ANALYSIS
This bill provides that the burden of proving the appropriateness of a child's special education
placement or program is on the school district or other public agency.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 581 - AS INTRODUCED
21-0702
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the burden of proof in special education hearings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Paragraph; Special Education; Due Process Hearing; Burden of Proof. Amend RSA 186-
2 C:16-b by inserting after paragraph III the following new paragraph:
3 III-a. In all hearings the school district shall have the burden of proof, including the burden
4 of persuasion and production, of the appropriateness of the child's program or placement, or of the
5 program or placement proposed by the public agency. This burden shall be met by a preponderance
6 of the evidence.
7 2 Effective Date. This act shall take effect 60 days after its passage..


Statutes affected:
Ought to Pass: 186-C:16-b
latest version: 186-C:16-b