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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