New Hampshire Administrative Code

A hearing shall include the following elements: (a) A prehearing conference, governed by Ed 1021.12; (b) A hearing, governed by Ed 1021.15, shall be limited to 2 days; and (c) A hearing officer's decision under Ed 1021.16(a) shall be considered the final decision of the NHVR. Not…

The prehearing conference required by Ed 1021.10(a) shall be conducted by a hearing officer and governed by Ed 208 along with 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 …

(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 docume…

(a) Any party may file a motion requesting that the hearing officer compel 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 obje…

The hearing shall be conducted by a hearing officer, governed by Ed 200 along with the following: (a) All hearings shall be electronically recorded by the hearing officer or his or her designee. The hearing officer's recording shall be the official record of the hearing unless a …

(a) If the parties reach an agreement prior to the hearing, both parties shall sign a written statement requesting the cancellation of the hearing. (b) When signing a written statement requesting the cancellation of the hearing is a burden to the applicant, eligible individual, o…

(a) A hearing officer shall grant extensions of time beyond the period set out in Ed 1021.15(e) for specific periods of time at the request of either party if: (1) The party's vocational rehabilitation services would not be jeopardized by the delay; (2) The party would not have a…

(a) The hearing officer shall issue a final decision not later than 30 days after the hearing is completed. The final decision shall be consistent with RSA 541-A:35. The final decision shall be based on the provisions of the approved state plan, the Act, federal vocational rehabi…

(a) The NHVR shall not institute a suspension, reduction, or termination of vocational rehabilitation services being provided to an applicant or eligible individual, including evaluation and assessment services and IPE development, pending resolution of a request for review of a …

Any party who disagrees with the findings and decision of the hearing officer may bring a civil action to appeal that decision in a state or a United States district court of competent jurisdiction as provided in 34 CFR 361.57(i). Notes N.H. Admin. Code § Ed 1021.20 Derived from …

The purpose of Ed 1100, adopted by the state board of education, is to ensure that all children with disabilities have available to them a free, appropriate, public education pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C 1400, et seq., as amended by…

These rules shall apply only to programs that receive public funds. Notes N.H. Admin. Code § Ed 1101.02 (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…

(a) "Academic achievement" means the student's level of academic performance when measured against the general education curriculum. (b) "Accommodation" means any change in instruction or evaluation determined necessary by the individualized education program (IEP) team that does…

(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…