New Hampshire Administrative Code

(a) A hearing officer may grant extensions of time beyond the period set out in Ed 1123.18(e), except as to expedited hearings, for specific periods of time at the request of either party if: (1) The child's educational progress or well-being would not be jeopardized by the delay…

(a) Any party aggrieved by a final decision of the hearing officer in a hearing may appeal that decision to a court of competent jurisdiction in accordance with 34 CFR 300.516(a). (b) Parties aggrieved by the findings and final decision of the hearing officer in a due process hea…

The office of legislation and hearings shall: (a) Provide to the state advisory committee a copy of each decision of the hearing officers, including findings of fact, after the deletion of personally identifiable information as set forth in 34 CFR 99. (b) Make available to the ge…

(a) The decision of a hearing officer shall be implemented immediately, except as provided in Ed 1123.23, unless a delay is agreed to in writing by both parties, or one party files a timely appeal under 34 CFR 300.516(a) to a court of competent jurisdiction. Unless an appeal to c…

(a) Unless both parties agree otherwise, during the pendency of an administrative due process hearing or judicial proceeding, the child involved shall remain in his or her current educational placement, pursuant to 34 CFR 300.518 except for the circumstances detailed in 34 CFR 30…

(a) The office of legislation and hearings, pursuant to 34 CFR 300.511(c), shall keep a list of persons who serve as hearing officers. This list shall include a statement of the qualifications of each of those persons. (b) Hearing officers appointed by the department under RSA 18…

(a) An expedited due process hearing procedure shall be available for disciplinary issues in accordance with 34 CFR 300.532(b)-34 CFR 300.533, as provided in 34 CFR 300.532(c). (b) The expedited procedure shall provide a full due process hearing, but under a restricted time sched…

Each LEA shall develop disciplinary procedures, including, but not limited to, suspension , expulsion, manifestation determination, appeals, placement, protection, and referral for children with disabilities, consistent with the provisions of 34 CFR 300.530- 300.536. Notes N.H. A…

Ed 1124.02 Services for Children with Disabilities Removed from Current Placement. When a child with disabilities has been removed from the child's current placement for more than 10 days in a school year, in addition to providing services necessary to enable the child to continu…

(a) The application of these enforcement procedures shall occur subsequent to the issuance of orders resulting from a complaint investigated in accordance with Ed 1121, a due process hearing conducted in accordance with Ed 1123, or a monitoring activity conducted in accordance wi…

(a) The commissioner of education or the commissioner's designee shall appoint personnel from the bureau of special education to monitor the execution of the orders of compliance issued to an LEA, other public agency, private provider of special education, or other non-LEA progra…

(a) The LEA, other public agency, private provider of special education or other non-LEA program may request a hearing before the state board of education if it believes that the orders of compliance are inaccurate, invalid, not based on fact, or any combination of the foregoing.…

The department's office of business management shall audit all state and federal special education monies allocated to any public or private agency by the department. Notes N.H. Admin. Code § Ed 1125.04 (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08 Amended…

(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…