New Hampshire Standards for the Education of Handicapped Students

(a) "Day" means "day" as defined in 34 CFR 300.11(a). (b) "Department" means the New Hampshire department of education. (c) "Destruction," in reference to information in education records, means "destruction" as defined in 34 CFR 300.611(a). (d) "Diploma" means a regular high sch…

(a) "Health care facility" means any hospital, nursing home, sheltered home or other facility licensed under RSA 151. (b) "Health evaluation" means an evaluation that provides the IEP team with information on the child's physical condition and can include, but is not limited to: …

(a) "National Instructional Materials Access Center (NIMAC) means the center established pursuant to 34 CFR 300.172. (b) "National Instructional Materials Accessibility Standard" (NIMAS) means the standards defined in 34 CFR 300.172. (c) "Native language" means "native language" …

(a) "School day" means "school day" as defined in 34 CFR 300.11(c). (b) "School district means "school district" as defined in RSA 195-A:1. (c) "Sending district" means" sending district" as defined in RSA 193:27, IV. (d) "Special education" means "special education" as defined i…

(a) The composition of the IEP team, for the purposes of Ed 1103, shall be as provided in 34 CFR 300.321 and Ed 1103.01(b) and (c). (b) A paraprofessional shall be considered an "other individual" who has knowledge or special expertise regarding the child as referred to in 34 CFR…

(a) The LEA shall ensure that the parent or parents of the child with a disability receive a written notice no fewer than 10 days before an IEP meeting. If the parent(s) agrees in writing, the LEA may satisfy this requirement via transmittal by electronic mail. Such an agreement …

The sequence of the special education process shall be: (a) Referral; (b) Evaluation; (c) Determination of eligibility; (d) Development and approval of the IEP; (e) Placement; (f) Ongoing monitoring of the IEP; and (g) Annual review of the IEP. Notes N.H. Admin. Code § Ed 1104.01…

(a) The LEA shall comply with 34 CFR 300.111(c), relative to child find procedures. (b) The LEA shall have policies and procedures to ensure that any child who is potentially a child with a disability attending school and for any child 2.5 years of age up to 22 years of age resid…

(a) The LEA shall establish referral procedures which ensure that every child who is suspected or known to be a child with a disability shall be referred to the IEP team for further evaluation. (b) Any person may refer a child under the age of 22 years to the IEP team for reasons…

In order to ensure that all relevant agencies and groups within the boundaries of each local school district are aware of the LEA's child find efforts and of the process for referring a child who is or might be involved with the court and for whom a special education program migh…

(a) The LEA shall develop a written early transition process for children exiting family centered early supports and services which ensures that any child who is potentially a child with a disability is evaluated and eligibility for special education is determined prior to the ch…

In order to provide a FAPE for children 2.5 years of age to 22 years of age there shall be a referral process in which: (a) The LEA shall comply with 34 CFR 300.124 when accepting referrals and transitioning children from Part C of the IDEA to preschool programs; (b) The LEA shal…

(a) The LEA shall comply with 34 CFR 300.301- 34 CFR 300.311 relative to evaluations. (b) The LEA shall comply with 34 CFR 300.302-305 relative to evaluation procedures and reevaluation. The child's educational history shall be reviewed, including identification of the child's pa…

(a) For purposes of evaluating whether a child has a specific learning disability, one or more of the following criteria shall be used: (1) A discrepancy model between intellectual skills and achievements; (2) A process that determines if the child responds to scientific, researc…

(a) The expense incurred in any LEA evaluation procedure recommended by the IEP team shall not be the financial obligation of the parent but shall be the responsibility of the LEA or other financial resources such as, but not limited to, another public agency or Medicaid. (b) The…

(a) Formal diagnostic assessments shall be administered by qualified examiners. (b) Qualified examiners for specific disabilities shall be as set forth in Table 1100.1, "Required Assessments and Qualified Examiners by Type of Disability" as follows: Table 1100.1 Required Assessme…

(a) The IEP team determining the child's disabilities shall develop a written summary containing the results of the various diagnostic findings and forward a copy of the report to the parent and a copy to the LEA for the child's records. The report shall be written after the chil…

(a) The LEA shall comply with 34 CFR 300.301-311 relative to determination of eligibility. (b) For determination of eligibility, the composition of the IEP team described in 34 CFR 300.306 shall be the IEP team. Notes N.H. Admin. Code § Ed 1108.01 (see Revision Note at chapter he…

(a) Each IEP shall include:(1) The elements listed in 34 CFR 300.320; (2) The length of the school year and the school day required to implement the IEP; (3) The types of service providers who would be responsible for implementing the IEP or the names of those providers; (4) A st…

(a) All vehicles used to transport children with disabilities provided by, or on behalf of a school district, shall be maintained in safe working order and be inspected and licensed according to the New Hampshire department of safety rules as provided in Saf-C 1307 and RSA 266:7.…

(a) The LEA shall provide special education, related services, supplementary aids and services, accommodations, and modifications to a child with a disability in accordance with the child's IEP. IEPs shall be in effect in accordance with 34 CFR 300.323. (b) In the case of a child…

(a) The LEA shall provide each teacher and service provider listed as having responsibilities for implementing the IEP with a copy of the complete IEP for working and monitoring purposes. In addition, the LEA shall provide a private school or non-LEA provider responsible for impl…

The LEA, as the responsible public agency, shall comply with 34 CFR 300.325 relating to private providers of special education placements by public agencies. Notes N.H. Admin. Code § Ed 1109.05 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volum…

(a) The LEA shall develop and implement procedures designed to monitor that all IEPs are implemented. The IEP team may be reconvened at any time to review the provisions of the IEP. (b) The LEA, upon a written request for an IEP team meeting by the parent, guardian, or adult stud…

(a) In the provision of extended school year services, the LEA shall comply with 34 CFR 300.106. (b) The LEA shall provide extended school year services at times during the year when school is not in session, if determined by the IEP team to be necessary for the provision of FAPE…

(a) Each LEA shall ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private providers of special education, are educated with children who do not have disabilities and that, consistent with 34 CFR 300.114, special classes…

(a) The LEA shall comply with the requirements of 34 CFR 300.115, relative to continuum of alternative educational environments as set forth in table 1100.2 and table 1100.3. (b) School districts shall, at a minimum, give evidence that the continuum of alternative educational env…

(a) The IEP team shall make placement decisions in accordance with 34 CFR 300.116. (b) Preschool children with disabilities shall be educated in an educational environment that is appropriate to implement the IEP or IFSP and is the least restrictive environment consistent with 34…

(a) Home instruction shall be an alternative placement for children at least 6 years of age but less than 22 years of age in accordance with CFR 300.115. (b) This section shall not apply to children with disabilities who have been removed from school for violations of a code of s…

(a) Home instruction for children at least 6 years of age but less than 21 years of age shall not include parent-designed home education programs as authorized in Ed 315. (b) Home instruction for children at least 6 years of age but less than 21 years of age shall: (1) Provide th…

The provisions of 34 CFR 300.130 through 34 CFR 300.144 shall govern the provision of special education and related services to children with disabilities who are not covered by Ed 1112.02 or Ed 1112.03. Notes N.H. Admin. Code § Ed 1112.01 (see Revision Note at chapter heading fo…

When a child with a disability is placed by his or her parents in a private school because the parents believe the LEA has not provided FAPE, the provision of and reimbursement for education, including special education and related services, for children with disabilities enrolle…

Children with disabilities who are receiving home education under RSA 193-A shall not be considered to be children attending a private school. Notes N.H. Admin. Code § Ed 1112.03 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number…

Ed 1113 shall apply to all public schools and public academies. Notes N.H. Admin. Code § Ed 1113.01 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/2…

(a) An IEP shall comply with 34 CFR 300.320, 324(c), and 325. (b) When children with disabilities participate in regular education classes or programs, the integrity and appropriateness of the curricula of the classes or programs shall be maintained for both the children with dis…

(a) A program for preschool children with disabilities may be home-based, school-based, or a combination of both. The preschool program shall consist of special education or special education and related services, the specific manner and duration of which shall be provided accord…

(a) Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students. (b) An LEA, other public agency, private provider of special education or other non-LEA program sha…

All crisis or emergency intervention procedures shall be included in the student's IEP and shall comply with Ed 1113.04 and RSA 126-U:5 Notes N.H. Admin. Code § Ed 1113.05 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended byVolume XXXIV Number 24, File…

Notes N.H. Admin. Code § Ed 1113.06 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10590, Effective 5/15/2014, Expires5/15/2024.

As provided in 34 CFR 300.174, an LEA, other public agency, private provider of special education or other non-LEA program shall not require parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substan…

(a) The LEA shall ensure that every preschool child with a disability has full access to appropriate preschool activities, in compliance with 34 CFR 300.320(a)(1)(ii). (b) The LEA shall ensure that every child with a disability has full access to the LEA's general curriculum, in …

(a) Each LEA shall provide in an appropriate and timely manner, instructional equipment and materials adequate to implement the IEP for each child with a disability, as required by 34 CFR 300.105. (b) Each LEA shall monitor the proper functioning of hearing aids, as required by 3…

(a) The following shall apply to the early childhood program for children with disabilities ages 3 through 5:(1) A preschool child may receive some or all special education and related services in a regular early childhood program as determined by the IEP team; and (2) Qualified …

(a) Classrooms and other instructional areas for children with disabilities shall be located in a building with children of similar chronological age. (b) Physical space for classrooms and other instructional program areas for children with disabilities shall meet the state requi…

(a) Personnel providing services to children with disabilities in public elementary and secondary schools shall be appropriately and adequately trained as required by 34 CFR 300.156. (b) Paraprofessional personnel providing services to children with disabilities shall: (1) Work u…

(a) LEAs shall provide all children with disabilities an equal opportunity to complete a course of studies leading to a regular high school diploma, and in accordance with 34 CFR 300.102(a)(3), the awarding of a document other than a regular high school diploma shall not terminat…

(a) The length of the school year for preschool children with disabilities shall be determined by the IEP team and included in the IEP or IFSP as required by Ed 1109.01(a). (b) The LEA shall provide a standard school year for children ages 6 - 22 as required by RSA 186-C:15, I, R…