Title XV, Education

A school district shall establish an approved program or programs for children with disabilities, or shall enter into cooperative agreements with other districts to provide approved programs for children with disabilities, or shall pay tuition to such an approved program maintain…

I. Upon a student's graduation from high school, his or her parents may request the local education agency in writing to have the student's records and final individualized education program destroyed at that time or request that the records be retained until the student's twenty…

The state board of education upon nomination of the commissioner shall appoint a qualified hearing officer to preside over such preliminary hearings as may be held prior to formal hearings held by the state board, and to render decisions which shall be binding until the state boa…

Blind services shall: I. Survey the vending facility opportunities on all state property; II. Establish, whenever feasible, vending facilities on state property to the extent that such facilities do not adversely affect the interests of the state; III. License blind persons for t…

The state board of education shall, in addition to the duties assigned by RSA 21-N:11: I. [Repealed.] II. Supervision. Supervise the expenditure of all moneys appropriated for public schools, and inspect all institutions in which or by which such moneys are used. III. Budget: Inf…

The state board of education shall adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter.

Blind services shall issue a license for the operation of a vending facility only to a blind person who is able, with such disability, to operate a vending facility. In issuing any license, blind services shall give preference to a blind person who is a resident of this state. Ea…

The state board of education is authorized to cooperate with the federal government or any agency of the federal government in the development of any plan for the education of children with disabilities and to receive and expend, in accordance with such plan, all funds made avail…

All money appropriated by the legislature for general educational purposes, in addition to the literary fund and all other funds created for the purposes enumerated in this section, shall be used for the following purposes: I. Illiteracy. For the abolition of illiteracy and for t…

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. No person in control of the maintenance, operation and protection of any state property may offer or grant to any other party a contract or concession to operate a vending facility unless: (a) He has notified blind services and has attempted to make an agreement with blind ser…

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. If a new vending machine or a replacement for an existing vending machine is installed after August 5, 1975, on any state property, vending machine income shall accrue to the licensed blind person operating a vending facility on the same property, or if none, to blind services…

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 …

Any person aggrieved by a decision of blind services under this subdivision may apply for rehearing and appeal pursuant to RSA 541.

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…

No fewer than 5 school districts, by resolution of their governing bodies and upon an affirmative vote of the inhabitants of each of the districts, may form an RSA 5-B special education cost recovery association under the laws of this state to develop and administer a risk manage…

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…

I. The department of education shall establish a program for the education, training, and vocational rehabilitation for the blind of all ages, whether or not they are eligible for aid to the needy blind under the department of health and human services. II. The department of educ…

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…

The department shall: I. Provide all school districts with materials to facilitate the formation of an association under RSA 186:D:2. II. Update the department website to include the name of each special education cost recovery association with contact information, current member…

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…