A bill disability rights advocates warned would imperil protections for special education students died by a unanimous vote in the Senate Thursday.
House Bill 620, a measure intended to limit unfunded mandates, would have prohibited the State Board of Education from writing rules that “exceed the minimum requirements of federal law” if they triggered unreimbursed expenditures or imposed administrative burdens on local school districts. State agencies write rules, which have the force of law, to fill in details after legislatures pass new statutes.
Advocates had argued that the language was overly broad, and that existing protections written into rules would go away when either the rules or the underlying laws came up for reauthorization.
But ultimately, lawmakers said technical mistakes prevented them from supporting the bill.
“A new term I learned this week was ‘void for vagueness,’ and this certainly fits the description of void for vagueness. But in the end, we are presenting to the Governor a bill that he would have to veto because it amends the wrong statute. So for that reason, by itself, we should oppose this committee of conference report,” Sen. John Reagan, a Deerfield Republican, told his colleagues from the Senate floor on Thursday.
Without further discussion, the bill was killed by a unanimous voice vote.
“(We are) thrilled that the New Hampshire Rules for Education of Children with Disabilities are safe for the time being,” said Lisa Beaudoin, of ABLE-NH. “Unfortunately, we believe the language or the intent of this amendment will probably come back.”
Advocates twice battled lawmakers over the bill during the session. Facing pushback, House lawmakers in March amended the bill to significantly soften the proposed legislation’s language. A conference committee last week strengthened the language, prompting a new round of lobbying from parents and activists.