New Hampshire Administrative Code

(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…

(a) For the purposes of this section "adult student" means "adult student" as defined in 20 USC 1232g(d). (b) Each participating agency shall comply with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the Family Educational Rights an…

(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) Each public agency shall comply with 34 CFR 300.625, relating to children's rights. (b) The rights of parents under Ed 1100 shall be transferred to the child as provided in Ed 1120.01(b). Notes N.H. Admin. Code § Ed 1119.03 (see Revision Note at chapter heading for Ed 1100) #…

(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…