New Hampshire Administrative Code

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…

(a) The length of the school day for preschool children with disabilities shall be determined by the IEP team and shall be included in the IEP or IFSP as required by Ed 1109.01(a). Notes N.H. Admin. Code § Ed 1113.15 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6…

Ed 1114 shall apply to private providers of special education and other non-LEA operated programs, including state-operated programs. Notes N.H. Admin. Code § Ed 1114.01 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended by Volume XXXVII Number 15, File…

As used in Ed 1114, "governing body" means the individual or group of individuals legally responsible for the policies, operations, and activities of a private provider of special education or other non-LEA program. Notes N.H. Admin. Code § Ed 1114.02 (see Revision Note at chapte…

(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…