House bill raises concerns from over 3,000 parents and special education advocates

February 10th, 2025

A proposal to change the definitions in state special education laws drew sharp criticism from parents, students, disability advocates, and the public on Monday. House Bill (HB) 699, proposed by Representative Kaitlyn Kuttab (R-Windham), would eliminate state definitions for “related services” like speech and occupational therapy and create a new definition for “special education environment.” 

The bill raised significant concerns from the public, with 3,268 people signing in opposition on the testimony portal and 23 in support. Representative Kuttab told the House Education Administration and Policy Committee that the bill language came from the New Hampshire Department of Education (NHED) in response to a recent state audit and emphatically defended the bill, saying that it was not her intent to change the services that students are entitled to receive.

“I would never want to take services away… I would never, ever support such a bill,” she told the committee at the public hearing. 

But parents and families are highly concerned about the proposed language. ABLE NH, a grassroots organization that advocates for the civil and human rights of children and adults with disabilities, says that removing key language would create uncertainty and inconsistency.

“Language in state law provides clear expectations for districts, families, and educators. Removing these definitions creates uncertainty and inconsistency… I believe that it would be better to add clarity to these definitions that does not reduce protections,” wrote Louis Esposito, ABLE NH’s Executive Director, in his testimony to the committee. 

“If the bill’s sponsors believe that there are no services being impacted, then there should not be any difficulty in ensuring these definitions explicitly protect inclusion and access,” he continued.

Reliance on federal laws and definitions

HB 699 would remove key definitions of special education law in New Hampshire and would instead defer to federal definitions, according to Kuttab and NHED staff. The NHED’s  administrative rules reference federal definitions, so there is no need for the state to duplicate those references, they said. 

“Why not just reference the federal statute?,” Representative Peggy Balboni (D-Rye) asked Kuttab, who sponsored the bill. 

Kuttab said that there are a lot of words in the state laws that don’t have definitions but would support including the references if the committee and NHED attorneys supported the move. 

The reliance on federal laws also alarmed experts on special education laws, who say that federal disability laws should be the minimum of what rights and services students with disabilities should receive, not the ceiling. 

“I am aware of the argument that the bill is not taking away any services and that it is ensuring compliance with federal law. But federal compliance should be the floor for what we reach for, not the ceiling. NH has a long history of building on federal protections to make a more inclusive and equitable education,” Esposito wrote in his testimony. 

Additionally, there are growing concerns about the stability of key federal offices like the US Department of Education (USDOE), which manages federal funding and guidance for programs for students with disabilities. While changes to federal disability laws would require action from Congress, there are growing questions around what support for states and families will be available in the future. 

Changing “educational environments” 

There was also opposition to redefining “special education environments,” with advocates fearing that the changes in HB 699 could mean that students with disabilities would be placed in more restrictive and segregated learning environments. 

“Among the many challenges in this bill, the language in HB 699 literally removes general education from the definition of “educational environment.” This is not only out of compliance with federal and state law, it is not best practice in education,” Lisa Beaudoin, an advocate for students and individuals with disabilities, told the committee on Monday. 

“Substantively, HB 699 is entrenching segregated settings for students with disabilities, which is the reverse direction NH ought to be going toward,” she continued. 

What’s next

The committee will be voting on a recommendation for HB 699 in the House Education Policy and Administration on Wednesday, February 12, at 9:30 am. in the Legislative Office Building, Room 207.

Watch the full public hearing here.