New Hampshire Standards for the Education of Handicapped Students

(a) Each public agency shall include in the record of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child. Such statements shall be included in, and transferred with, the disabled child's record to the same ex…

(a) Consent for disclosure of personally identifiable information shall be made in accordance with 34 CFR 300.622. (b) If a parent of a child with a disability or the eligible child refuses to provide consent to release personally identifiable information, the LEA shall initiate …

Consent shall not be required when the conditions of 34 CFR 300.535 apply. Notes N.H. Admin. Code § Ed 1119.06 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 The amended version of this section by New Hampshire Register Volume 37, Number 15, eff. 3/24/2017 …

(a) All of the rights and guarantees delineated in Ed 1120 shall apply to parents, adult students, and public agencies, which include LEAs. (b) The rights of parents under Ed 1100 shall be transferred to children with disabilities who are emancipated minors or who have attained t…

(a) The parent shall have the right to appeal any decision of the LEA regarding the referral, evaluation, determination of eligibility, IEP, provision of FAPE, or placement of a child with a disability using the procedures delineated in Ed 1123. (b) The parent shall have the righ…

(a) Parent(s) of a child with a disability shall be notified in writing within a reasonable time, but not less than 14 days, before the LEA proposes to initiate or change, or refuses to initiate or change, the referral, evaluation, determination of eligibility, IEP, or educationa…

(a) An LEA shall obtain informed, written consent from the parent of a child with a disability prior to: (1) Conducting an initial evaluation; (2) Initial provision of special education and related services to a child with a disability; (3) Annual renewal of the IEP and placement…

(a) A parent who refuses informed consent to all or part of any change proposed by the LEA shall indicate the refusal in writing within 14 days after the sending of written prior notice as provided in Ed 1120.03, or within the time frame allowed by a mutually agreed-upon extensio…

(a) If a parent fails to respond within 14 days after the sending of written prior notice pursuant to Ed 1120.04(b), the LEA shall implement its proposed changes if the LEA has taken reasonable measures to obtain informed written consent. (b) Reasonable measures shall include: (1…

An LEA shall comply with 34 CFR 300.502 and Ed 1107.03, relating to independent educational evaluation. Notes N.H. Admin. Code § Ed 1120.07 (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 …

(a) An LEA shall comply with the requirements detailed in 34 CFR 300.154 and He-M 1301 when proposing to access public and private insurance. The LEA: (1) Shall obtain informed parental consent once, pursuant to 34 CFR 300.154(d), the first time the public agency seeks to access …

(a) Individuals or organizations may report alleged violations of a public agency which are contrary to the provisions of state and federal requirements regarding the education of children with disabilities by filing a complaint. (b) A complaint shall be filed according to the pr…

(a) The commissioner of education shall assign an employee of the department or, if an employee of the department is not available, an independent investigator to: (1) Investigate the alleged complaint including conducting an on-site investigation if necessary; and (2) Issue a wr…

(a) All complaints shall be resolved within 60 days of receipt of the written complaint. The 60-day time limit may be extended consistent with 34 CFR 300.152(b)(1). (b) The sanctions described in Ed 1125 shall be applied as needed to enforce compliance with orders issued to resol…

(a) Any party to the complaint may, within 20 days of receipt of the commissioner's written decision under Ed 1121.02(b), make a written request to the commissioner for reconsideration of the decision. Any corrective action ordered by the commissioner for the benefit of a child w…

Alternative dispute resolution shall be voluntary and available to parents and LEAs in accordance with RSA 186-C:23 and 34 CFR 300.506. Notes N.H. Admin. Code § Ed 1122.01 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number 15, Fi…

Alternative dispute resolution may take the form of mediation as described in RSA 186-C:24 and Ed 205.03, a neutral conference, as described in RSA 186-C:23-b, or a local school district alternative dispute resolution program as described in RSA 186-C:23-a. Notes N.H. Admin. Code…

(a) The mediator or the neutral shall submit in writing to the office of legislation and hearings in the department the results of the mediation or neutral conference. The written results shall be submitted no later than 2 days after the mediation or neutral conference is complet…

If an alternative dispute resolution option is utilized by the parties and resolution is not achieved, the individual selected as a neutral or mediator shall not be the same individual who is subsequently appointed as a hearing officer to preside at an administrative due process …

Administrative due process hearings shall be conducted in compliance with applicable state and federal laws and regulations, including 34 CFR 300.507 -.518. Notes N.H. Admin. Code § Ed 1123.01 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume…

The sequence of an administrative due process hearing shall be as follows: (a) A due process complaint shall be filed with the department and with the other party as detailed in 34 CFR 300.508 and Ed 1123.05; (b) A due process complaint shall be considered sufficient if it meets …

(a) A parent or a public agency may file a due process hearing complaint on any matter described in 34 CFR 300.503(a)(1)-(2). (b) The due process hearing complaint shall allege a violation that occurred not more than 2 years before the parent knew or should have known about the a…

(a) The office of legislation and hearing shall make available to parents and every LEA a model form that may be used to initiate a written request for an administrative due process hearing. (b) The notice of the administrative due process hearing complaint shall include:(1) The …

Public agencies and parents shall comply with the requirements detailed in 34 CFR 300.508 in regard to filing an administrative due process hearing complaint. Notes N.H. Admin. Code § Ed 1123.05 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volu…

(a) The administrative due process hearing process shall commence on the date the LEA or the parent or parents receive notice of a due process hearing complaint in accordance with Ed 1123.04, unless the request is withdrawn as provided in Ed 1123.10. (b) The party filing a due pr…

(a) At the time of the filing notice of a due process hearing complaint under Ed 1123.04, the parties shall notify the office of legislation and hearings of mutually agreeable dates on which the parties would be available for an optional alternative dispute resolution under Ed 11…

Public agencies shall comply with the requirements in 34 CFR 300.510 relative to the resolution process. Notes N.H. Admin. Code § Ed 1123.08 (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…

The hearing shall be conducted no later than 31 days after: (a) The parties agree in writing to waive the alternative dispute resolution session; (b) The parties conduct an alternative dispute resolution session and do not reach a settlement agreement; (c) The parties agree not t…

A parent may withdraw an administrative due process hearing complaint without prejudice until such time as the parent retains legal counsel. Notes N.H. Admin. Code § Ed 1123.10 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number 1…

Each LEA shall: (a) Inform each parent that the parent has the right to request an administrative due process hearing to appeal the matters described in Ed 1123.03(a); (b) Provide each parent with the procedural safeguards notice as required by 34 CFR 300.504; and (c) Inform the …

(a) The office of legislation and hearings shall schedule optional alternative dispute resolution, if requested, a prehearing conference, and an administrative due process hearing as follows: (1) Immediately upon receipt of mutually agreeable dates from the parties as provided in…

(a) Each party shall attempt in good faith to make a complete response to requests, as soon as practicable, for the voluntary production of information. (b) When a dispute between parties arises concerning a request for the voluntary production of information, releases or documen…

(a) Any party may file a motion requesting that the hearing officer order the parties to comply with information requests. The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing. Any objec…

A prehearing conference shall be conducted by a hearing officer and governed by the following: (a) Parties shall be prepared to discuss the issues described in RSA 541-A:31,V(c); (b) Parties shall exchange, and provide to the hearing officer, witness lists including a brief descr…

If the parent and the LEA reach an agreement prior to the hearing, the LEA superintendent or the superintendent's designee shall, within 5 business days after the signing of the agreement, provide written notice to the office of legislation and hearings requesting the cancellatio…

The hearing shall be conducted by a hearing officer, governed by the following: (a) The party that has initiated the hearing shall present its case first unless the hearing officer determines that the change in the order of presentation would not materially prejudice any party's …

(a) Requests for findings of fact shall be limited to those facts necessary to support the decision. (b) Requests for rulings of law shall be limited to those central issues of law, if any, which are contested or essential. (c) The hearing officer shall render a decision, includi…

(a) A hearing officer may grant extensions of time beyond the period set out in Ed 1123.18(e), except as to expedited hearings, for specific periods of time at the request of either party if: (1) The child's educational progress or well-being would not be jeopardized by the delay…

(a) Any party aggrieved by a final decision of the hearing officer in a hearing may appeal that decision to a court of competent jurisdiction in accordance with 34 CFR 300.516(a). (b) Parties aggrieved by the findings and final decision of the hearing officer in a due process hea…

The office of legislation and hearings shall: (a) Provide to the state advisory committee a copy of each decision of the hearing officers, including findings of fact, after the deletion of personally identifiable information as set forth in 34 CFR 99. (b) Make available to the ge…

(a) The decision of a hearing officer shall be implemented immediately, except as provided in Ed 1123.23, unless a delay is agreed to in writing by both parties, or one party files a timely appeal under 34 CFR 300.516(a) to a court of competent jurisdiction. Unless an appeal to c…

(a) Unless both parties agree otherwise, during the pendency of an administrative due process hearing or judicial proceeding, the child involved shall remain in his or her current educational placement, pursuant to 34 CFR 300.518 except for the circumstances detailed in 34 CFR 30…

(a) The office of legislation and hearings, pursuant to 34 CFR 300.511(c), shall keep a list of persons who serve as hearing officers. This list shall include a statement of the qualifications of each of those persons. (b) Hearing officers appointed by the department under RSA 18…

(a) An expedited due process hearing procedure shall be available for disciplinary issues in accordance with 34 CFR 300.532(b)-34 CFR 300.533, as provided in 34 CFR 300.532(c). (b) The expedited procedure shall provide a full due process hearing, but under a restricted time sched…

Each LEA shall develop disciplinary procedures, including, but not limited to, suspension , expulsion, manifestation determination, appeals, placement, protection, and referral for children with disabilities, consistent with the provisions of 34 CFR 300.530- 300.536. Notes N.H. A…

Ed 1124.02 Services for Children with Disabilities Removed from Current Placement. When a child with disabilities has been removed from the child's current placement for more than 10 days in a school year, in addition to providing services necessary to enable the child to continu…

(a) The application of these enforcement procedures shall occur subsequent to the issuance of orders resulting from a complaint investigated in accordance with Ed 1121, a due process hearing conducted in accordance with Ed 1123, or a monitoring activity conducted in accordance wi…