New Hampshire Rules for the Education of Children with ...

New Hampshire Rules for the Education of Children with Disabilities

June 30, 2008

Amended as of December 1, 2010

GOVERNOR OF NEW HAMPSHIRE

John Lynch

THE EXECUTIVE COUNCIL

DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5

Raymond S. Burton John D. Shea Beverly A. Hollingworth Raymond J. Wieczorsk Debora Pignatelli

NEW HAMPSHIRE STATE BOARD OF EDUCATION

Term

John E. Lyons, Jr. Chairman (At Large) Fredrick J. Bramante, Jr., (At Large) Helen G. Honorow (District 5) Daphne A. Kenyon (District 3) Stephen R. L'Heureux (District 4) Tom Raffio (District 2) William Walker (District 1)

2012 2011 2012 2010 2009 2009 2012

COMMISSIONER OF EDUCATION

Virginia M. Barry, Ph.D

DEPUTY COMMISSIONER

Paul K. Leather

Citizen Services Line 1-800-339-9900

TDD Access: Relay NH 711

Editorial Note: The New Hampshire Rules for the Education of Children amended: Ed 1128.08 State Aid for In-District Programs, effective April 13, 2010 P.L. 111-256, Rosa's Law, Mental Retardation to Intellectual Disability, effective October 5, 2010 Ed 1102.01 Definitions A-C, effective November 10, 2010 Ed 1120.05 Parental Refusal of Consent, effective June 10, 2009 and November 10, 2010 Ed 1120.06 Parental Failure to Respond, effective November 10, 2010

Notice of Nondiscrimination

The New Hampshire Department of Education does not discriminate on the basis of race, color, religion, marital status, national/ethnic origin, age, sex, sexual orientation, or disability in its programs, activities and employment practices. This statement is a reflection of the Department of Education and refers to, but is not limited to, the provisions of the following laws:

Title IV, VI, and VII of the Civil Rights Act of 1964 ? race color, national origin The Age Discrimination in Employment Act of 1967 The Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 (Title IX) - sex Section 504 of the Rehabilitation Act of 1973 (Section 504) - disability The Americans with Disabilities Act of 1990 (ADA) - disability NH Law against discrimination (RSA 354-A)

The following individual has been designated to handle inquiries regarding the nondiscrimination policies and laws above except Section 504:

Sheila Miller ADA/Title IX Coordinator NH Department of Education 101 Pleasant Street Concord, NH 03301-3860 (603) 271-6642

NOTE TO THE READER

This edition of the New Hampshire Rules for the Education of Children with Disabilities has been prepared as a reference for parents and educators. As such, it has been formatted to make it easy to use. IT IS NOT, NOR IS IT INTENDED TO BE, AN EXACT COPY OF THE OFFICIAL LEGISLATIVE DOCUMENT CONTAINING THESE RULES.

Persons who have a specific need for any of this material in its original or alternate format, may call the Department of Education at (603) 271-3189 to make arrangements to obtain it.

The Department will be entering into rulemaking in the near future to revise the rules to comply with recent changes in state law.

TABLE OF CONTENTS

CHAPTER Ed 1100 RULES FOR THE EDUCATION OF CHILDREN WITH DISABILTIIES

Part Ed 1101 Part Ed 1101.01 Part Ed 1101.03

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

Part Ed 1103 Part Ed 1103.01 Part Ed 1103.02

Part Ed 1104 Part Ed 1104.01

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

Part Ed 1105.04

Part Ed 1106 Part Ed 1106.01

Part Ed 1107 Part Ed 1107.01 Part Ed 1107.02

Part Ed 1107.03 Part Ed 1107.04 Part Ed 1107.05

Part Ed 1108 Part Ed 1108.01

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

Rules for the Education of Children with Disabilities Page 1

Purpose

Page 1

Scope

Page 1

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

Page 2 Page 2 Page 9 Page 12 Page 22 Page 26

Participants in the Special Education Process IEP Team Parent Participation

Page 32 Page 32 Page 33

Special Education Process Sequence Sequence of Special Education Process

Page 36 Page 36

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 37 Page 37 Page 37

Page 38

Page 39

Referral And Disposition of Referral Process; Provision of FAPE

Page 41 Page 41

Evaluation Evaluation Evaluation Requirement for Children

With Specific Learning Disabilities Independent Educational Evaluations Qualified Examiners Evaluation Report

Page 43 Page 44

Page 48 Page 49 Page 49 Page 55

Determination of Eligibility for Special Education Page 56

Determination of Eligibility for Special Education

Page 56

The Individualized Education Program

Page 57

Elements of the Individualized Education Program Page 57

Transportation

Page 62

When an IEP is in Effect; IEP Meetings; Development,

Review, and Revision of an IEP;

Transition Services

Page 62

Copies of the IEP and Evidence of Implementation Page 66

IEPs for Children Placed in Private Providers of

Special Education or other non-LEA Programs

by Public Agencies

Page 67

Monitoring and Annual Review of IEPs

Page 67

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