SB 300 (2012, passed Senate, amended and passed in House) relative to special education services in chartered public schools

posted Feb 11, 2012, 3:40 PM by Bill Duncan   [ updated May 21, 2012, 6:18 AM ]
Docket Awaiting CoC

AN ACT relative to special education services in chartered public schools.

SPONSORS: Sen. Carson, Dist 14; Rep. Hunt, Ches 7

COMMITTEE: Education

This bill requires a chartered public school to make available a free and appropriate public education to all children with disabilities by making available to the child all special education programs and services that are available to the child in the child’s school district of residence.

DNHPE Comment: The stated intent of SB 300 is to "clarify" the obligation of the local district in providing special ed and related services (speech, OT, PT, counseling, etc) to kids enrolled in charter schools. However the NHASEA position is that there is no legal obligation to replicate the services within the context of a charter school. Since a charter school is a parent choice, and not a special education placement, the NHASEA position is that local districts are only obligated to offer a special education program at the local district or another approved special education setting (like a private, State-approved school), and there is no obligation to essentially transport the entire program into a charter school. 

The DOE takes the opposite view, since charters are public schools by law, and the local district is supposed to provide all special ed instruction and related services in the charter school setting.