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HB 222

repealing the requirement for a memorandum of understanding between a chartered public school and school district regarding how students with disabilities will receive special education services and updating the organizational structure of the department of corrections.

2026 Regular Session Introduced by Peggy Balboni and 2 co-sponsors

HB 222 repeals the mandatory MOU between charter schools and districts for special education services, shifting reliance to other state/federal rules.

Signed by Governor Ayotte 04/28/2026; Chapter 41; eff. I. Sec 1 eff 6/27/26 II. Rem eff 4/28/26
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Bill Summary · HB 222

Bill Summary: HB 222 (New Hampshire, 2026)

Overview

HB 222 seeks to repeal a specific memorandum of understanding (MOU) requirement between chartered public schools and their school districts regarding how students with disabilities will receive special education services. In addition, the bill proposes updating the organizational structure of the New Hampshire Department of Corrections. The action history indicates passage through committee stages and concurrence with Senate amendments, with final House action in April 2026.

1) Purpose and Intent

  • Primary aim: Remove the statutory or regulatory obligation for chartered public schools to enter into MOUs with their sending districts detailing how students with disabilities will receive special education services.
  • Secondary aim: Modernize or reorganize the Department of Corrections (DOC) organizational structure, though the summary does not specify the exact changes.

2) Key Provisions (what the bill would do)

  • Repeal of MOU Requirement:

    • Eliminate the mandatory requirement for a memorandum of understanding between a chartered public school and the applicable school district concerning the provision of special education services to students with disabilities.
    • Implication: Charter schools and districts may instead rely on other applicable state/federal rules and processes to determine and fund special education services, without a mandated MOU between the two entities.

  • Special Education Services Context:

    • The repeal does not necessarily alter existing rights of students with disabilities or the fundamental requirements of the Individuals with Disabilities Education Act (IDEA) at the federal level, but it changes state-level administrative processes by removing the MOU mechanism.

  • Department of Corrections (DOC) Structural Update:

    • The bill includes provisions to update the organizational structure of the NH DOC.
    • Specifics are not provided in the summary, but typically such updates can involve reorganization of divisions, appointment processes, reporting lines, or delineation of responsibilities.

3) Who and What Is Affected

  • Chartered Public Schools and Sending Districts:

    • Directly affected by the removal of the MOU requirement for special education service delivery to students with disabilities.
    • School leadership, special education directors, and legal/compliance staff may shift to relying on other statutory/regulatory frameworks for service delivery, funding, and accountability.

  • Students with Disabilities:

    • Impact depends on the effectiveness of alternative processes for ensuring appropriate special education services in the absence of the MOU framework; state and district processes governing IEPs, placement decisions, and funding remain in place, but the intergovernmental mechanism is removed.

  • Department of Corrections:

    • DOC will undergo a change in organizational structure; implications include potential shifts in leadership roles, divisions, or reporting requirements, which could affect policy implementation and administrative efficiency within the department.

4) Procedural and Timeline Aspects

  • Legislative History Highlights:

    • Introduced: March 2025
    • Referred to Education Policy and Administration: January 2025
    • Committee activity: Reports and “Ought to Pass” recommendations with amendments through 2025–2026
    • Hearing dates: Notices in 2025; Executive sessions and administrative scheduling occurred through 2026
    • Final action: House concurring with Senate Amendment on April 9, 2026 (HJ 10)

  • Next Steps:

    • If not already enacted, final steps would include any required signatures, potential gubernatorial action, and publication in the statutory code.
    • Implementation timing would be determined by the bill’s text, with any transitional provisions detailing when the MOU repeal and DOC structural changes take effect.

5) Practical Considerations

  • Districts and charter schools should review their current MOUs (if any) and consult with legal counsel to ensure continued compliance with state and federal requirements for special education services.
  • Local education agencies may need to adjust procedures for service provision, data reporting, and funding mechanisms that previously interfaced through the MOU.
  • Stakeholders should monitor any further amendments or guidance from the Department of Education and the Department of Corrections regarding the specifics of the DOC organizational update.

If you’d like, I can extract the exact statutory language and provide line-by-line implications or create a comparison with the current law to highlight all changes.

Compiled from official sources — confirm details with the bill’s official record.

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