Title XV, Education

I. All expenses incurred by a school district in administering the law in relation to education for children with disabilities in need of special education and related services shall be paid by the school district where the child resides, except as follows: (a) When a child with …

I. Purpose. The purpose of this section is to protect the educational rights of eligible children with disabilities. II. Definitions. The following words as used in this section shall be construed as follows: (a) "Surrogate parent" shall mean a person appointed to act as a child'…

I. A foster parent or parents may be appointed by the commissioner of the department of education or designee, or by the director of a child placing agency licensed under RSA 170-E that has placed the child with the foster parent or parents, to make educational decisions on behal…

I. The length of the school year and school day for a child with a disability shall be the same as that provided by the local school district for a child without a disability of the same age or grade, except that the local school district shall provide an approved program for an …

The state board of education shall adopt rules, pursuant to RSA 541-A, and consistent with the provision of a free appropriate public education, relative to: I. Developing individualized education programs; II. Approving and monitoring special education programs; III. Reporting t…

Hearing officers appointed by the department of education to hear special education impartial due process appeals shall have the authority to compel the attendance of witnesses in accordance with RSA 516:1 including issuing subpoenas for parents who are representing themselves. A…

I. Any action against a local school district seeking to enforce special education rights under state or federal law shall be commenced by requesting an administrative due process hearing from the department of education within 2 years of the date on which the alleged violation w…

I. Whenever the state board of education proposes to adopt or amend any special education rule which exceeds the minimum requirements of state or federal law, the state board shall, in addition to the provisions of RSA 541-A, issue a report of all such proposed rules which meets …

Nothing in this chapter shall be construed as authorizing any public official, agent, or representative, in carrying out any of the provisions of this chapter to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco …

I. [Repealed.] II. [Repealed.] [Paragraph III effective until July 1, 2028; see also paragraph III set out below.] III. (a) The department of education shall distribute aid available under this paragraph as entitlement to such school districts as have a special education pupil fo…

I. Each school district seeking reimbursement under this chapter shall submit to the department, by a date established by the department, a certified report for each student for whom reimbursement is requested. II. The report shall include, at minimum: (a) A student identifier; (…

I. For a child with a disability in a state facility, the school district responsible for selecting and funding the child's special education or special education and related services shall be as follows: (a) If such child is in the legal custody of the parent, the school distric…

I. For a child with a disability at a state facility for detained or adjudicated youth or county correctional facilities, including while awaiting disposition of the court following arraignment pursuant to RSA 169-B:13, the school district responsible for the development of an in…

I. (a) As used in this section "children in placement for which the department of health and human services has financial responsibility" means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, 169…

In this chapter: I. "Child with a disability" means any person between the ages of 3 and 21, inclusive, who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a heari…

Notwithstanding the provisions of any other law to the contrary, the expenses for a child with a disability receiving services at the special education program in a state facility for detained or adjudicated youth shall be the responsibility of the liable school district so assig…

I. In order to encourage informal resolution of differences of opinion regarding the provision of special education, the following methods of alternative dispute resolution shall be available to parents and school districts: (a) Neutral conference. (b) Mediation. (c) IEP facilita…

I. Each school district in New Hampshire may develop options for alternative dispute resolutions which can be utilized at the local district level. A plan outlining these methods shall be submitted to the department of education for review. The department shall provide technical …

I. Neutral conference shall consist of an informal, abbreviated presentation of case facts and issues by the parties to a neutral who is responsible for reviewing the strengths and weaknesses of the case and issuing a recommendation. If the neutral conference is selected, the dep…

I. When disputes arise under this chapter, mediation shall be available through the office of the commissioner, department of education. Mediation shall be provided in accordance with the following: (a) Attempts to resolve conflicts between the parent or parents and a school dist…

I. The department of health and human services Medicaid reimbursement program shall be known as the "Medicaid to schools" program, providing medical assistance for covered services furnished to children with disabilities who are enrolled in Medicaid. The purpose of the program is…

I. Medicaid-funded services that are provided as part of a child's individualized education program (IEP) shall be provided for the sole purpose of enabling the child to benefit from special education or to receive a free and appropriate public education. If a child receives Medi…

The department shall hire and assign such personnel or contract for services to perform responsibilities required under state or federal special education law, including, but not limited to, monitoring, compliance, and technical assistance and support to school districts. Special…

I. The division shall help school districts meet their responsibilities under this chapter and under federal law regarding the education of children with disabilities. I-a. The special education program of the department of education shall develop and analyze information on issue…

I. In accordance with the provisions of 20 U.S.C. section 1412(a)(21) and 34 C.F.R. sections 300.167-300.169, there is established an advisory committee on the education of children/students with disabilities to advise the commissioner of education on issues relating to special e…

If adult guardianship is being discussed by the IEP team with a student or the student's family, the team shall inform the student and family of the availability of supported decision-making pursuant to RSA 464-D as an alternative to guardianship. This shall be done promptly when…

The commissioner of the department of education shall develop information resources regarding alternatives to guardianship, including supported decision-making agreements pursuant to RSA 464-D, for children with disabilities who are approaching the age of 18. These resources shal…

In this subdivision: I. "American Sign Language" means the visual/gestural language used by deaf people in the United States and Canada, with semantic, syntactic, morphological, and phonological rules which are distinct from English. II. "Deaf student" means an individual who has…

I. Children who are deaf or hard of hearing have the right to appropriate screening and assessment of hearing and vision capabilities and language and communication needs at the earliest possible age and to the continuation of intermittent screening services throughout their educ…

The parents or guardians of deaf or hard of hearing children have a right to balanced and complete information regarding: I. Their child's educational and communication needs. II. Available programmatic, placement, and resource options. III. Support services and advocacy resource…

The department of education and the department of health and human services shall adopt rules under RSA 541-A to implement this chapter. At a minimum, such rules shall address: I. Qualifications of personnel providing professional services to deaf and hard-of-hearing children wit…

There is hereby established an advisory council on the education of children who are deaf or hard of hearing. I. Members of the council shall be as follows: (a) One professional with experience in using assistive technology. (b) Two teachers of the deaf, one of whom is a regular …

I. There is established an office of the advocate for special education which shall be an independent agency, administratively attached to the department of administrative services pursuant to RSA 21-G:10, under the direction of the advocate for special education (the "advocate")…

For purposes of this subdivision, the term "students with disabilities" shall apply to all children with disabilities, regardless of residence, enrolled in a public school, including a chartered public school.

I. The office of the advocate for special education shall: (a) Serve as a resource for disability related information and referrals to available programs and services for families of children with disabilities. (b) Serve as a source of information and referral regarding state and…

I. The advocate shall prepare a detailed report to the governor, the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate education committees, and the department of education advising on the status of services being provi…

I. The department, in conjunction with the advocate shall develop a meeting evaluation form to be provided to parents, guardians, and caretakers of students with disabilities. The meeting evaluation form shall be provided to parents, guardians, and caretakers of students with dis…

I. (a) The state board of education shall adopt rules establishing a process and standards for the approval and monitoring of programs of education that are maintained by school districts, regional special education centers, and private organizations or state facilities for the b…

I. The department shall establish and maintain a tracking system for all state complaints related to special education services. The tracking system shall include, but not be limited to, the following information: (a) The date the complaint was filed. (b) The complainant's contac…

I. The development of an individualized education program for each child with a disability shall be the responsibility of the school district in which the child resides or of the school district which bears financial responsibility for the child's education. II. The parents of a …

I. The commissioner of the department of education, the state board of education, and the commissioner of the department of health and human services shall, consistent with applicable state and federal law, enter into an interagency agreement for the purposes of: (a) Meeting the …

In developing the individualized education program for a student with visual impairments as defined by 34 C.F.R. section 300.8(c)(13), there shall be: I. A presumption that proficiency in Braille reading and writing is essential for the pupil's satisfactory educational progress. …

I. The division of learner support of the department of education shall ensure that each school district develops approved programs for children with disabilities in the school district. II. The division of learner support of the department of education shall set an approved rate…

I. School districts or school administrative units, or both, may enter into cooperative agreements in order to provide approved programs for educating children with disabilities. The state board of education, when appropriate because of a low incidence of a disabling condition, h…

When an individualized education program (IEP) team or planning team for accommodations pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq) meets for the purpose of reviewing or developing an IEP or accommodation plan for a student who is 17 years of …

Each child who is determined by the local school district, or special school district established under RSA 194:60, as having a disability in accordance with RSA 186-C:2 and in need of special education or special education and related services shall be entitled to attend an appr…