Guide to the NH Standards for the Education of Children with ...

This Guide to the NH Standards for the Education of Children with Disabilities includes the text of Chapter Ed 1100, Standards for the Education of Children with Disabilities that were adopted by the State Board of Education on March 23, 2017 and amended on August 8, 2018 and April 10, 2020. It also includes supplemental text for each reference cited in the NH Standards (formerly referred to as the NH Rules). Supplemental text is included in a textbox following each reference. This Guide is not an official document; it is offered as a resource for parents, educators and others through a partnership between the NH Department of Education, Bureau of Special Education and the Parent Information Center.

Guide Developed by the: Parent Information Center on Special Education Updated 5/1/2020

1101 Purpose and Scope

Ed

NH Standards for the Education of Children with Disabilities

March 23, 2017

NOTE TO THE READER

Ed 1100, the NH Standards for the Education of Children with Disabilities were readopted with amendments on March 23, 2017, and went into effect on March 24, 2017.

Through the rulemaking process, subsequent revisions to the NH Standards for the Education of Children with Disabilities were made (adopted on August 8, 2018) to Ed 1102.01, Ed 1102.03, and Ed 1113.12 to reflect the amendments made to IDEA to align with the Every Student Succeeds Act (ESSA). Accordingly, parts of Ed 1102.01 and Ed 1102.03 were renumbered. Part Ed 1128 was also amended, primarily to replace the term "catastrophic aid" with "special education aid", consistent with the revisions made to RSA 186-C, and to provide additional clarity. Revisions, which went into effect on April 10, 2020, were made to Ed 1102.04(h) the definition to "parent" and to Ed 1119.01 confidentiality requirements (to reflect revisions to RSA 186-C's records retention requirements).

This Guide to the NH Standards for the Education of Children with Disabilities is provided as a resource to assist families and educators better understand and use NH Chapter Ed 1100, the NH Standards for the Education of Children with Disabilities. As such, it has been formatted to make it user-friendly. It is not, nor is it intended to be, an exact copy of the official legislative document, Chapter Ed 1100.

Please note that the supplemental text consists primarily of cited sections of Federal or State statutes, regulations or rules, and is up-to-date as of May 1, 2020.

Guide Developed by the: Parent Information Center on Special Education, a project of the Parent Information Center 54 Old Suncook Road Concord, NH 03301 Telephone: 603-224-7005 / 800-232-0986 (in NH) Website: Contact: Bonnie Dunham at bdunham@

Part Ed 1101 Part Ed 1101.01 Part Ed 1101.02

TABLE OF CONTENTS Standards for the Education of Children with Disabilities Purpose Scope

Page 1 Page 1 Page 1

Part Ed 1102 Part Ed 1102.01 Part Ed 1102.02 Part Ed 1102.03 Part Ed 1102.04 Part Ed 1102.05

Definitions Definitions A-C Definitions D-G Definitions H-M Definitions N-R Definitions S-Z

Page 2 Page 2 Page 10 Page 14 Page 35 Page 44

Part Ed 1103 Part Ed 1103.01 Part Ed 1103.02

Participants in the Special Education Process IEP Team Parent Participation

Page 52 Page 52 Page 53

Part Ed 1104 Part Ed 1104.01

Special Education Process Sequence Sequence of Special Education Process

Page 57 Page 57

Part Ed 1105 Part Ed 1105.01 Part Ed 1105.02 Part Ed 1105.03

Part Ed 1105.04

Child Find

Responsibilities of the Local Education Agency

LEA Child Find Program

Child Find For Children Placed in Homes For Children, Health Care Facilities, or State Institutions

Child Find for Children Currently Receiving Family Centered Early Supports & Services

Page 58 Page 58 Page 58

Page 60

Page 60

Part Ed 1106 Part Ed 1106.01

Referral And Disposition of Referral Process; Provision of FAPE

Page 62 Page 62

Part Ed 1107 Part Ed 1107.01 Part Ed 1107.02

Part Ed 1107.03 Part Ed 1107.04 Table 1100.1 Part Ed 1107.05

Evaluation Evaluation Evaluation Requirement for Children with Specific Learning Disabilities Independent Educational Evaluations Qualified Examiners Required Assessments and Qualified Examiners by Type of Disability Evaluation Report

Page 66 Page 66

Page 77 Page 77 Page 78 Page 79 Page 85

Part Ed 1108

Determination of Eligibility for Special Education

Part Ed 1108.01 Determination of Eligibility for Special Education

Page 86 Page 86

Part Ed 1109 Part Ed 1109.01 Part Ed 1109.02 Part Ed 1109.03

Part Ed 1109.04 Part Ed 1109.05

Part Ed 1109.06

TABLE OF CONTENTS (continued)

The Individualized Education Program Elements of the Individualized Education Program Transportation When an IEP is in Effect; IEP Meetings; Development, Review, and Revision of an IEP; Transition Services Copies of the IEP and Evidence of Implementation IEPs for Children Placed in Private Providers of Special Education or other non-LEA Programs by Public Agencies Monitoring and Annual Review of IEPs

Page 87 Page 87 Page 89

Page 90 Page 94

Page 95 Page 96

Part Ed 1110 Part Ed 1110.01

Extended School Year Services Extended School Year Services

Page 97 Page 97

Part Ed 1111 Part Ed 1111.01 Part Ed 1111.02 Part Ed 1111.03 Table 1100.2 Table 1100.2 Part Ed 1111.04

Placement Of Children with Disabilities Placement in the Least Restrictive Environment Continuum of Alternative Placements Placement Decisions Continuum of Alternative Educational Environments ? Ages 3-5 Continuum of Alternative Learning Environments ? Ages 621 Home Instruction for School-Aged Children with Disabilities

Page 98 Page 98 Page 98 Page 99 Page 100 Page 100 Page 101

Part Ed 1112 Part Ed 1112.01

Part Ed 1112.02

Part Ed 1112.03

Parentally-Placed Children with Disabilities

Parentally-Placed Children with Disabilities when FAPE Is Not At Issue

Children with Disabilities Enrolled by their Parents in Private Schools when FAPE is At issue

Children with Disabilities Receiving Home Education

Page 103

Page 103

Page 109 Page 110

Part Ed 1113

Part Ed 1113.01 Part Ed 1113.02

Part Ed 1113.03 Part Ed 1113.04 Part Ed 1113.05 Part Ed 1113.06 Part Ed 1113.07 Part Ed 1113.08 Part Ed 1113.09

Requirements for the Development and Operation of Programs for Children with Disabilities Administered By Local Education Agencies Page 111

Applicability

Page 111

Required IEP Compliance; Programming in Appropriate Learning Environments

Page 111

Establishment of Education Programs for Children with Disabilities

Page 113

Behavioral Interventions

Page 114

Emergency Intervention Procedures

Page 114

Reserved

Page 114

Prohibition on Mandatory Medication

Page 115

Curricula

Page 115

Equipment, Materials and Assistive Technology

Page 116

TABLE OF CONTENTS (continued)

Part Ed 1113

Part Ed 1113.10 Part Ed 1113.11 Part Ed 1113.12 Part Ed 1113.13 Part Ed 1113.14 Part Ed 1113.15

Requirements for the Development and Operation of Programs for Children with Disabilities Administered By Local Education Agencies (continued)

Class Size and Age Range

Page 116

Facilities and Location

Page 119

Personnel Standards

Page 120

Diplomas

Page 122

The Length of the School Year

Page 123

The Length of the School Day

Page 126

Part Ed 1114

Part Ed 1114.01 Part Ed 1114.02 Part Ed 1114.03 Part Ed 1114.04 Part Ed 1114.05 Part Ed 1114.06

Part Ed 1114.07 Part Ed 1114.08 Part Ed 1114.09 Part Ed 1114.10

Part Ed 1114.11 Part Ed 1114.12

Part Ed 1114.13 Part Ed 1114.14 Part Ed 1114.15 Part Ed 1114.16 Part Ed 1114.17 Part Ed 1114.18 Part Ed 1114.19 Part Ed 1114.20 Part Ed 1114.21 Part Ed 1114.22

Standards For Approval of Private Providers of Special Education and Non-Lea Programs Applicability Definition Governance Administration Program Requirements Responsibilities of Private Providers of Special Education or Other Non-LEA Programs in the Implementation of IEPs Behavioral Interventions Emergency Intervention Procedures Reserved Qualifications and Requirements for Instructional, Administrative, and Support Personnel Employee and Volunteer Background Investigations Change in Placement or Termination of the Enrollment of a Child with a Disability Parent Access to Education Records Class Size Calendar Requirements Physical Facilities Child Care Health and Medical Care Insurance Coverage Photography and Audio or Audio-Visual Recording Emergency Planning and Preparedness Protections Afforded to Children with Disabilities

Page 127 Page 127 Page 127 Page 127 Page 127 Page 128

Page 130 Page 131 Page 132 Page 132

Page 132 Page 133

Page 136 Page 136 Page 137 Page 137 Page 137 Page 139 Page 139 Page 140 Page 140 Page 140 Page 140

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