New Hampshire Standards for the Education of Handicapped Students

(a) Each LEA shall file a written request for federal special education funds with the department in order to qualify for assistance under the IDEA as provided in 34 CFR 300.200. LEAs shall review their requests annually and make revisions as necessary. The LEA's request and any …

(a) The department shall use the requirements in Ed 1126 as the basis for determining program approval. (b) The department shall approve public and non-public programs for children with disabilities through a monitoring process, including but not limited to on-site visit(s) and e…

(a) All programs operated by LEAs, public academies, private providers of special education, public agencies, and other non-LEA programs shall be approved, utilizing the New Hampshire special education approval process in Ed 1126.02 as determined by the bureau of special educatio…

(a) The LEA may submit a request to the department to place an additional student who does not meet the approved public or private in-state program's age range or program capacity. (b) The department shall review the LEA's request and shall approve said request if it meets the cr…

(a) An LEA shall not place a child with a disability in a program not currently approved to provide special education and related services until the following requirements have been met:(1) The LEA shall have conducted a search and determined that there are no approved in-state s…

(a) Public agencies shall place children with disabilities, for the purpose of receiving special education and related services, in only those out-of-state schools, classes, or programs which are approved by the host state for the purpose of providing special education and relate…

(a) After parental consent is obtained as required under Ed 1120.04, the LEA shall transmit the following information electronically to the department using NHSEIS: (1) Information describing the child, including:a. The child's name; b. The child's town of residence; c. The child…

The following definitions shall apply for the purposes of Ed 1127: (a) "Children in placement for which DCYF has financial responsibility" means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, RS…

(a) Local school districts may make application to the department for financial assistance for children with disabilities in placement for which DCYF has financial responsibility. (b) Invoices for such financial assistance shall be made within 30 days from the date the local scho…

(a) A school district's liability for expenses for special education and related services for a child with a disability in placement for which DCYF has financial responsibility shall be limited as stated in RSA 186-C:19-b, II, namely, "to 3 times the estimated state average expen…

In order for a provider to receive payments from the state, the financially liable school district shall enter cost information into NHSEIS and submit invoices to the department. Notes N.H. Admin. Code § Ed 1127.04 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-2…

(a) "Special education aid" means financial assistance for special education costs distributed under RSA 186-C:18, III to a responsible school district. (b) "Contributed funds" means funds contributed to defray the cost of a special education and by any party or agency other than…

A responsible school district shall be reimbursed for special education aid if the requirements of this section are met: (a) The special education costs for which the district is seeking payment shall exceed the statutory threshold established by RSA 186-C:18, III; (b) Each child…

A responsible school district shall: (a) Be eligible for reimbursement only for those direct costs which are included in the IEP of a child with a disability, and which qualify as special education and related services; and (b) Not be reimbursed for: (1) Costs which exceed rates …

To apply for the special education aid, a responsible school district shall: (a) Enter the following program information into the NHSEIS database system for the current reporting year:(1) Instructional costs; (2) Room and board costs; (3) Tuition costs; (4) Costs for related serv…

The cost of special education for a particular child with a disability shall equal the costs entered into NHSEIS under Ed 1128.04(a)(1) - (7), less contributed funds entered into NHSEIS under Ed 1128.04(a)(8). Notes N.H. Admin. Code § Ed 1128.05 (see Revision Note at chapter head…

(a) Emergency assistance shall be available pursuant to RSA 186-C 18, III. (b) When a responsible school district applies for emergency assistance, it shall: (1) Enter information into NHSEIS as provided in Ed 1128.04(a); and (2) Supply supporting documentation as provided in Ed …

Pursuant to RSA 186-C:18, IX, when a child with a disability transfers from one responsible school district to another during the school year, the following shall apply to the proration of special education aid and emergency assistance among responsible districts: (a) Each distri…

(a) For the purposes of this section, "supplemental costs" means the difference between the district's average per pupil cost and the cost of education for the child with a disability. (b) A liable school district shall be reimbursed for the development or maintenance of an in-di…

Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 1129: (a) "Accrual basis of accounting" means an accounting method which recognizes revenue when it is earned rather than when it is received, and expense is recog…

(a) In order to obtain a rate for special education instruction, room and board, physical therapy, occupational therapy, speech therapy and counseling from the department, the agency shall complete a budget proposal and submit it to the department. (b) The department shall not ac…

(a) The purpose of the cover sheet shall be to identify the agency making the budget proposal and to provide certification from the agency that the information in (b) below is correct. (b) When completing Form 1129A: Cover Sheet, the agency shall: (1) Indicate whether the report …

(a) When completing Form 1129B: Personnel, the agency shall:(1) Indicate whether the report being submitted is the original or an amended submission; (2) Give the name of the agency; (3) Give the fiscal year or years for which the personnel report is being prepared, the month and…

When completing Form 1129C: Assets and Depreciation, the agency shall: (a) Indicate whether the report being submitted is the original or an amended submission; (b) Give the name of the agency; (c) Give the fiscal year or years for which the assets and depreciation report is bein…

When completing Form 1129D: Program Data, the agency shall: (a) Indicate whether the report being submitted is the original or an amended submission; (b) Give the name of the agency; (c) Give the fiscal year or years for which the program data report is being prepared, the month …

(a) When completing Form 1129E: Revenues, the agency shall:(1) Indicate whether the report being submitted is the original or an amended submission; (2) Give the name of the agency; (3) Give the fiscal year or years for which the revenue report is being prepared, the month and ye…

(a) When completing Form 1129F: Expenses by Line Item, the agency shall: (1) Indicate whether the budget report being submitted is the original or an amended submission; (2) Give the name of the agency; (3) Give the fiscal year or years for which the budget report is being prepar…

(a) Tuition rates shall be set based on the agency's budget proposal which shall be submitted on those forms prescribed in Ed 1129.02. Deadline for submission of all prescribed forms shall be the first of April, annually. (b) Any adjustments to the agency's budget proposal shall …

(a) To be considered an allowable special education cost the following criteria shall be met: (1) The cost shall be reasonable as determined by application of Ed 1129.12; (2) The cost shall have a direct relationship to the policies and procedures of the organization; (3) The cos…

The following shall not be allowed as special education costs: (a) Political and charitable contributions; (b) Investment expenses which are in excess of investment income; (c) Amusement of facility or program officers or employees or for non-organization related activities, ente…

(a) The reasonableness of specific costs shall be determined by the department by applying (b), below. (b) Costs shall be allowed provided they can be justified by one or more of the following criteria: (1) The cost shall be of a type necessary for the operation of the organizati…

(a) Costs identified specifically with activities required for operation of an approved facility, function or program shall be treated as direct costs. (b) If costs are not allowable as special education costs, they shall be treated as direct costs and allocated with their share …

(a) Indirect costs shall be allocated to all of the organization's activities pursuant to Ed 1129.16. (b) Indirect costs shall include, but not be limited to:(1) Salaries and expenses of executives; (2) Expenses for accounting; (3) Costs of operating and maintaining facilities; (…

The system for reporting special education costs shall be based on the accrual basis of accounting. Notes N.H. Admin. Code § Ed 1129.15 (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 #121…

(a) When an organization has only one major purpose or when all its major functions benefit from its indirect costs to approximately the same degree, the direct allocation method shall be used. Under the direct allocation method all costs except general administration shall be tr…

(a) On Form 1129.11, the agency shall calculate the rate for a special education program as follows: (1) The agency shall compute the net expenses of the program; (2) The net expenses of the program shall be equal to the total expenses from Form 1129F less the total revenues from…

(a) Audits shall include an examination of the systems of internal control, systems established to insure compliance with laws and rules affecting the expenditure of LEA funds, and financial transactions and accounts. (b) The examinations required by (b), above, shall be used to …

(a) The department shall notify the agency by certified mail of the tentative rate(s) and the notification shall include any schedule of adjustments used in the determination of the tentative rate(s). (b) The agency shall review the notification and schedule of adjustments. If th…

(a) A private provider of special education making a request for reconsideration of the rates established by the department shall adhere to the procedures set forth in (b) - (d) below. (b) A request for reconsideration shall be filed within 14 days of the date of the receipt of t…

(a) The department shall jointly administer the joint rate setting process with the department of health and human services pursuant to the requirements of Ed 1129.21, Ed 1129.22 and Ed 1129.23. (b) When rates are jointly set by the department of health and human services and the…

(a) The department and the department of health and human services shall both notify the agency by certified mail of the tentative rate(s) and the notification shall include any schedule of adjustments used in the determination of the tentative rate(s). (b) The agency shall revie…

(a) A private provider of special education services making a request for reconsideration of the rates established jointly by the department and the department of health and human services shall adhere to the procedures set forth in (b) - (d) below. (b) A request for reconsiderat…