New Hampshire Standards for the Education of Handicapped Students

(a) A private provider of special education or other non-LEA program shall be responsible for providing students with disabilities all services detailed in their IEPs unless the provision of those services has been agreed upon by contract with the sending LEA. (b) A private provi…

(a) Each private provider of special education or other non-LEA program shall demonstrate fiscal accountability through regular recording of its finances and an annual external audit consistent with the requirements detailed in Ed 1129. The audit shall be available to the departm…

(a) Each private provider of special education or other non-LEA program shall have a written description of admissions policies and criteria which it shall provide to all placing agencies and shall make available to the parent of any child referred for placement. (b) The written …

(a) Each private provider of special education or other non-LEA program shall, in all matters concerning possible changes and/or modifications in the identification, evaluation, development and/or revision of an IEP, or changes in placement of a child with a disability, contact t…

(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) Each private facility or other non-district program shall have a written statement of the polic…

All crisis or emergency intervention procedures shall be included in the student's IEP and shall comply with Ed 1114.07 and RSA 126-U:5. Notes N.H. Admin. Code § Ed 1114.08 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended byVolume XXXIV Number 24, Fil…

Notes N.H. Admin. Code § Ed 1114.09 (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.

(a) All administrative, instructional, and related service staff shall hold appropriate certification for the position in which they function as required by the state of New Hampshire or other licensing entity. Evidence of such qualification shall be on record with the program. (…

(a) Each private provider of special education or other non-LEA program, including any individual providing direct services to the student pursuant to Ed 1126.05, shall complete a background investigation, consistent with the provisions of RSA 189:13-a, prior to a final offer of …

(a) A private provider of special education or other non-LEA program which believes it can no longer implement a child's IEP or provide FAPE shall immediately convene or request the convening of the IEP team to review the facility's or program's concerns and to amend the IEP and …

Each private provider of special education or other non-LEA program shall ensure that all parents of children with disabilities have an opportunity to inspect and review all education records relating to the child, in accordance 34 CFR 501. Notes N.H. Admin. Code § Ed 1114.13 (se…

Each private provider of special education or other non-LEA program shall conform to the requirements of Ed 1113.10 with respect to special education class sizes, teacher-student ratios, and the age range within each class. Notes N.H. Admin. Code § Ed 1114.14 (see Revision Note a…

Each private provider of special education or other non-LEA program shall provide a written annual school calendar identifying the instructional days per year and the instructional hours per day, in accordance with Ed 1113.14 and Ed 1113.15. Notes N.H. Admin. Code § Ed 1114.15 (s…

(a) Each private provider of special education or other non-LEA program shall ensure that the grounds and all structures on the grounds of the program are maintained in good repair and are free from any danger to health or safety. (b) Each private provider of special education or…

(a) The day care and residential components of all private providers of special education or other non-LEA programs shall meet all applicable federal, state, and local rules governing the day and residential care of children with disabilities. (b) Each private provider of special…

(a) Each private provider of special education or other non-LEA program shall have written procedures to ensure that children with disabilities receive prompt and competent medical attention in the event of injury or illness while at the program or while participating in any prog…

(a) Each private provider of special education or other non-LEA program which accepts prepayment of public funds, directly or indirectly, shall maintain bonding in an amount adequate to cover the amount of public funds received and expenses associated with the recovery of such fu…

(a) Each private provider of special education or other non-LEA program shall have written policies and procedures regarding the photographing and audio or audio-visual recordings of children in care. Notes N.H. Admin. Code § Ed 1114.20 (see Revision Note at chapter heading for E…

(a) Each private provider of special education or other non-LEA program shall have written procedures for staff and children to follow in case of emergency. These procedures shall be developed with the assistance of state or local fire and safety personnel and shall include provi…

A child placed by an LEA in an approved private provider of special education or other non-LEA program shall be afforded all the rights of a child with a disability who is served by a public agency as provided in 34 CFR 300.146. Notes N.H. Admin. Code § Ed 1114.22 (see Revision N…

(a) Pursuant to RSA 186-C:14, III, (a), if a child with a disability is in need of special education and the parent or guardian is unknown or cannot be located after reasonable efforts are taken to find said parent, or if the child is in legal custody of the division of children,…

(a) Any employee of an LEA, the department, or a residential school or hospital, any physician, any judicial officer, or any other person who knows or believes that a child's parent is not known, or is not able to be located, or that the child is under legal of DCYF, or any perso…

(a) The superintendent of schools or the superintendent's designee shall conduct an investigation to determine whether the child is in need of a surrogate parent. (b) A parent shall be considered unknown when there is no written record of the existence of such a person available …

(a) If it is determined that a child needs a surrogate parent the superintendent of schools or the superintendent's designee shall submit a written request that the commissioner of education or his or her designee appoint a surrogate parent. (b) The written request for appointmen…

(a) If the commissioner of education or the commissioner's designee finds that the materials submitted by the superintendent of schools or the superintendent's designee are complete and document that the child is in need of a surrogate parent, the commissioner shall appoint a sur…

(a) The commissioner of education or the commissioner's designee shall select individuals to be available to serve as surrogate parents provided such individuals: (1) Have volunteered to serve as a surrogate parent; (2) Have submitted a signed and dated Request for Appointment of…

(a) The department shall maintain a registry of eligible persons who are trained to serve as surrogate parents. (b) The department shall provide for the training of persons who have been selected to serve as surrogate parents. (c) The training shall be a minimum of 9 hours. (d) T…

(a) The surrogate parent shall represent a child with a disability to the same extent as the child would be represented by a parent in all matters relating to FAPE. (b) The liability of a surrogate parent shall be limited in accordance with RSA 186-C:14, VI. (c) Except as provide…

(a) Notwithstanding the requirements of Ed 1115, Ed 1115.09(b) shall apply for children in placements pursuant to RSA 169-B, RSA 169-C or RSA 169-D. (b) Upon a DCYF or DYDS referral meeting the requirements of Ed 1115.02, the commissioner shall appoint a surrogate parent in accor…

The provisions of Ed 1116 shall apply to a child who is considered to be an accompanied homeless youth as defined in Section 725(2)(B) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 1301, et seq., and who is or might be a child with a disability. Notes N.H. Admin. Code …

(a) A school district shall immediately enroll any unaccompanied child for the purposes of attending classes and participating fully in school activities. (b) From the date of school enrollment, the school district's local homeless education liaison shall have a maximum of 30 day…

(a) For the purposes of Ed 1116.03, a judge who oversees the care of a child shall be considered a designee of the commissioner of education. (b) A judge who oversees the case of a child may appoint a surrogate parent, for a child who is in legal custody of DCYF or guardianship o…

(a) For the purposes of Ed 1116.04, the director of a child placement agency licensed under RSA 170-E who assigns a surrogate parent to make educational decisions on behalf of a foster child as provided in Ed 1116.04(b) and (c) shall be considered a designee of the commissioner o…

(a) The purpose of this part is to ensure the provision of a FAPE as defined in Ed 1102.44 02(s) to children with or who might have educational disabilities. (b) These provisions shall apply to the initial court ordered residential placement of children and all successive court o…

(a) Definitions provided in RSA 193:27 and RSA 186-C:19, I-IV shall apply: (1) "Health care facility" means any hospital, nursing home, sheltered home, or other institution licensed under RSA 151. (2) "Home for children" means any orphanage; institution for the care, treatment, o…

(a) When a court is considering, or DCYF is recommending, a court ordered residential placement for a child with a disability, the liable school district shall make a recommendation to the court as to where the child's educational needs can be met in accordance with state and fed…

When DCYF notifies the liable school district that the court has ordered an immediate court ordered residential placement, or an immediate change in the court ordered residential placement, the school district shall: (a) Immediately notify parents of the district's intent to conv…

(a) Upon receipt of a court order under RSA 169-B:22, C:20 or D:18, joining the liable school district for a child who has not yet been determined to be a child with a disability, the school district shall initiate the referral process in accordance with Ed 1107.01(f). (b) If a r…

(a) If a liable school district has not been identified or has refused to assume responsibility for carrying out provisions set forth in Ed 1117, unless such court ordered residential placement is in a health care facility, residential school or state institution as defined in RS…

(a) Whenever a court makes or changes a child's court ordered residential placement that results in a change in the educational placement, the liable school district shall immediately provide a copy of all necessary educational records of the child including, but not limited to, …

LEAs shall follow the provisions of RSA 193:12, VI when determining residency issues in regard to determination of the legally liable school district. Notes N.H. Admin. Code § Ed 1117.08 #9197, eff 6-28-08 The amended version of this section by New Hampshire Register Volume 37, N…

(a) If a liable school district has not been identified or has refused to assume responsibility for carrying out provisions set forth in Ed 1117, unless such placement is in a health care facility, residential school or state institution as defined in RSA 193:27, the school distr…

(a) Whenever a child is placed in a residential program or facility other than a home for children as defined in RSA 193:27, I, the liable school district shall ensure that:(1) The IEP team develops a written document which shall be included in the student file maintained by the …

Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 1118: (a) "Eligible offender with a disability" means an incarcerated person age 18 through 21 who: (1) Had been identified as a child with a disability prior to i…

An eligible offender with a disability incarcerated at the state correctional facility shall be eligible for services. Notes N.H. Admin. Code § Ed 1118.02 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number 15, Filed April 13, 201…

An incarcerated individual under the age of 18 shall have the right to be evaluated, identified, and if appropriate, have special education and related services provided. Notes N.H. Admin. Code § Ed 1118.03 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Ame…

When a child with a disability is incarcerated at a county correctional facility, the liable LEA shall evaluate the child and make a determination of eligibility under Ed 1108 and develop, implement, and monitor an IEP for the child under Ed 1109. Notes N.H. Admin. Code § Ed 1118…