CHAPTER Ed 1100  STANDARDS FOR THE EDUCATION OF CHILDREN WITH DISABILITIES

 

Revision Note:

 

          Document #9197, effective 6-28-08, readopted with amendments Chapter Ed 1100.  Document #9197 made extensive changes to the wording, format, structure, and numbering of rules in Chapter Ed 1100, with the former Part Ed 1101 through Part Ed 1137 renumbered as Part Ed 1101 through Part 1129.

 

          Document #9197 replaces all prior filings for rules in Chapter Ed 1100.  The prior filings affecting rules in Chapter Ed 1100 include the following documents:

 

                  #1810-a, eff 9-15-81

                  #2021, eff 5-11-82

                  #2631, eff 2-24-84

                  #2667(e), eff 4-6-84, EMERGENCY

                  #2714, eff 5-16-84 (superseded rule in #2667(e))

                  #2767(E), eff 6-27-84, EMERGENCY, EXPIRED 10-25-84

                  #2830(E), eff 8-21-84, EMERGENCY, EXPIRED 12-19-84

                  #2894, eff 10-29-84

                  #2954, eff 1-9-85

                  #2955, eff 1-9-85

                  #3063, eff 7-19-85

                  #3175, eff 1-9-86

                  #4371, eff 2-23-88, EXPIRED (selected rules) 2-23-94

                  #4499, eff 9-28-88, INTERIM, EXPIRED 1-26-89

                  #4697, eff 11-9-89

                  #4816, eff 5-23-90

                  #4847, eff 6-21-90

                  #4941, eff 9-25-90

                  #5306, eff 1-3-92

                  #5803, eff 3-25-94

                  #6366, eff 10-30-96

                  #6857, eff 9-25-98

                  #7515, eff 7-1-01

                  #7691, eff 7-1-02

 

PART Ed 1101  PURPOSE AND SCOPE

 

          Ed 1101.01  Purpose.  The purpose of Ed 1100, adopted by the state board of education, is to ensure that all children with disabilities have available to them a free, appropriate, public education pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C 1400, et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) and the implementing regulations found in 34 CFR 300 et seq. and RSA 186-C.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1101.02  Scope.  These rules shall apply only to programs that receive public funds.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1102  DEFINITIONS

 

          Ed 1102.01  Definitions A-C.

 

          (a)  Academic achievement” means the student’s level of academic performance when measured against the general education curriculum.

 

          (b)  Accommodation” means any change in instruction or evaluation determined necessary by the IEP team that does not impact the rigor, validity, or both of the subject matter being taught or assessed.

 

          (c)  Act” means the Individuals with Disabilities Education Improvement Act (IDEA), as amended.

 

          (d)  Administrative case management” means the following activities that are not direct instruction but that are necessary to facilitate a student’s special education:

 

(1)  Scheduling IEP meetings;

 

(2)  Coordinating evaluations and IEP drafting;

 

(3)  Visiting potential student placement environments;

 

(4)  Communicating with a parent; and

 

(5)  Updating progress reports for meeting IEP goals.

 

          (e)  Administrative due process hearing” means a hearing conducted in compliance with Ed 1123 and in compliance with the provisions of 34 CFR 300.507 – 300.518.

 

          (f)  Adult student” means a child with a disability who is:

 

(1)  18 years of age or older but less than 21 years of age and not adjudicated incompetent; or

 

(2)  An emancipated minor pursuant to state law.

 

          (g)  Alternate achievement standards” means the expectation of performance established by the New Hampshire department of education consistent with the Elementary and Secondary Education Act of 1965, as amended (ESEA).

 

          (h)  Alternate assessment” means those assessments developed pursuant to the provisions of 34 CFR 300.704(b)(4)(x) and sections 1111(b) and 6111 of ESEA.

 

          (i)  Alternative dispute resolution” means the following processes that can be used to resolve an issue or issues in dispute:

 

(1)  Neutral conference; and

 

(2)   Mediation.

 

          (j)  Approved program” means a program of special education as defined in RSA 186-C:2,II.

 

          (k)  Assistive technology device” means “assistive technology device” as defined in 34 CFR 300.5.

 

          (l)  Assistive technology service” means “assistive technology service” as defined in 34 CFR 300.6.

 

          (m)  Aversive behavioral interventions” means those procedures that subject a child with a disability to physical or psychological harm or unsupervised confinement or that deprive the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child’s physical, mental, or emotional health.

 

          (n)  Behavior intervention plan” means the positive behavior interventions and supports incorporated in the student’s IEP. 

 

          (o)  Business day” means “business day” as defined in 34 CFR 300.11(b).

 

          (p)  Chartered public school” means “chartered public school” as defined in RSA 194-B:1, III.

 

          (q)  Child find” means the system detailed in Ed 1105.

 

          (r)  Child with acquired brain injury” (ABI) means brain injury that occurs after birth.  It includes injury sustained by infection, disease, or lack of oxygen resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance and requires special education and or related services.

 

(s)  Child with a developmental delay” means a child with a developmental delay as defined in RSA-186-C:2 I-a who:

 

(1)  Is experiencing developmental delays in one or more of the following areas:

 

a.  Physical development;

 

b.  Cognitive development;

 

c.  Communication development;

 

d.  Social or emotional development; or

 

e.  Adaptive development; and

 

(2)  By reason thereof, needs special education and related services, as measured by appropriate diagnostic instruments and procedures consistent with Ed 1107 and identified in compliance with 34 CFR 300.111(b).

 

          (t)  Child with a disability” means:

 

(1)  A “Child with a disability” as defined in 34 CFR 300.8 who is 3 years of age or older but less than 21 years of age and who has not yet received a regular high school diploma as provided in 34 CFR 300.102;

 

(2)  A child with a developmental delay as defined in Ed 1102.01(s) above; and

 

(3)  A child with acquired brain injury as defined in Ed 1102.01(r) above.

 

          (u)  Child eligible for special education but not currently receiving services” means a child who has been evaluated and determined to be child with a disability who is not currently receiving special education services due to one or more of the following factors:

 

(1)  The child is at least 2.5 years of age and has been determined to be eligible for special education;

 

(2)  The child’s current condition prevents the delivery of special education services;

 

(3)  The child’s parent, legal guardian, surrogate parent, or adult student has refused services;

 

(4)  The child has dropped out of school; or

 

(5)  The child is no longer attending school.

 

          (v)  Collaborative program” means the cooperative agreements that school districts or school administrative units, or both, are able to enter into under RSA 186-C:8.

 

          (w)  Committed juvenile student” means an individual who is committed to the youth development center pursuant to court order and who has been or is determined to be a child with a disability.

 

          (x)  Consent” means “consent” as defined in 34 CFR 300.9.

 

          (y)  Core academic subjects” means “core academic subjects” as defined in 34 CFR 300.10.

 

          (y)  Court” means a court of competent jurisdiction.

 

          (z) “Curriculum” means all of the courses and other educational opportunities offered by the responsible local education agency.

 

          (aa)  Curriculum for preschoolers” means all of the organized educational activities, experiences, or both that are offered within the early childhood program to address all aspects of development and to promote meaningful learning experiences regarding preschoolers, their families and their community.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17; amd by #12547, eff 6-14-18

 

          Ed 1102.02  Definitions D-G.

 

          (a)  Day” means “day” as defined in 34 CFR 300.11(a).

 

          (b)  Department” means the New Hampshire department of education.

 

          (c)  Destruction,” in reference to information in education records, means “destruction” as defined in 34 CFR 300.611(a).

 

          (d)  Diploma” means a regular high school diploma that reflects the achievement of the academic standards adopted by the local school board for earning a regular high school diploma detailed in Ed 306.

 

          (e)  Disability” means any of the conditions listed in 34 CFR 300.8(c).

 

          (f)  Disinterested party” means a party who has no personal or professional interest in the outcome of a dispute in which they mediate.

 

          (g)  Division for children, youth and families” (DCYF) means the division for children, youth and families of the New Hampshire department of health and human services.

 

          (h)  Early intervening services” means the coordinated services for students in kindergarten through grade 12 who are not currently identified as needing special education or related services but who need additional academic and behavior support, with emphasis on services for students in kindergarten through grade 3, as defined in 34 CFR 300.226.

 

          (i)  Education records” means “education records” as defined in 34 CFR 300.611(b).

 

          (j)  Electronic mail” means the secure electronic exchange of information necessary to comply with the requirements of the Act, New Hampshire statutes, and Ed 1100.

 

          (k)  Equipment” means “equipment” as defined in 34 CFR 300.14.

 

          (l) “Elementary and Secondary Education Act” (ESEA) means the Elementary and Secondary Education Act of 1965.

 

          (m) “Evaluation” means “evaluation” as defined in 34 CFR 300.15 and consistent with the requirements in Ed 1107.

 

          (n)  Evaluation process” means the completion of initial evaluations, reevaluations and assessments, a written summary report, and a meeting of the IEP team to review the results of the evaluations and assessments.  When the purpose of the meeting is to determine eligibility for special education and related services, the evaluation process also includes the determination of eligibility. 

 

          (o)  Extracurricular and nonacademic activities” means those activities and services detailed in 34 CFR 300.107(b).

 

          (p)  Family centered early supports and services” means the array of comprehensive supports and services for families who reside in NH with children, birth through age 2, who have developmental delays, are at risk for substantial developmental delays, and/or have established  conditions. 

 

          (q)  File” means to deliver paper copies to the department in the format required by these rules, or to transfer information electronically.

 

          (r)  Free appropriate public education” (FAPE) means “free appropriate public education” as defined in 34 CFR 300.17 that meets the least restrictive environment requirements detailed in 34 CFR 300.114.

 

          (s)  Functional behavioral assessment” means an assessment of a student’s behavior.

 

          (t)  Functional goal” means a measurable outcome that is developed by the IEP team to address a need detailed in the analysis of the student’s functional performance.

 

          (u)  Functional performance” means how the child demonstrates skills and behaviors in cognition, communication, motor, adaptive, social/emotional, and sensory areas.

 

          (v)  Functionally blind” means “functionally blind” as defined in RSA 186-C:2,VI.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1102.03  Definitions H-M.

 

          (a)  Health care facility” means any hospital, nursing home, sheltered home or other facility licensed under RSA 151.

 

          (b)  Health evaluation” means an evaluation that provides the IEP team with information on the child’s physical condition and can include, but is not limited to:

 

(1)  A physical assessment, health screening, or both;

 

(2)  A review of a child’s medical history;

 

(3)  Classroom observations of the child with health related concerns; and

 

(4)  Identification of health barriers to learning, as determined by the IEP team.

 

          (c)  Home education” means “home education” as defined in RSA 193-A:4, and includes the term homeschooling.

 

          (d) “Home for children” means:

 

(1)  Any orphanage, or institution for the care, treatment, or custody of children;

 

(2)  As defined by RSA 170-E: 25 any child care agency, child care institution, experiential wilderness facility, and independent living home; or

 

(3)  Any residential school approved under RSA 186-C:5.

 

          (e) “Home instruction” means a home-based LEA placement as detailed in Ed 1111.04 that provides home instruction for school-aged children.

 

          (f)  Independent educational evaluation” means “independent educational evaluation” as defined in 34 CFR 300.502(a)(3)(i). 

 

          (g) “Individualized education program (IEP) means “individualized education program” as defined in 34 CFR 300.22 and which meets the requirements in Ed 1109.

 

          (h) “Individualized education program team (IEP team) means “individualized education program team” as defined in 34 CFR 300.23 and which meets the requirements in Ed 1103.01(b) and (c).

 

          (i)  Individualized family service plan or (IFSP) means “individualized family service plan” as detailed in 34 CFR 300.323. The term includes individualized family support plans.

 

          (j)  Individuals with Disabilities Education Act (IDEA) and Individuals with Disabilities Education Improvement Act (IDEIA)” each  mean the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004, and as implemented by the U.S. Department of Education’s regulations, 34 CFR 300 et seq.

 

          (k)  Interim alternative educational setting” means the setting, as determined by the IEP team pursuant to 34 CFR 300.530(g) through 34 CFR 300.532, in which a child with a disability receives services when removed from placement for disciplinary reasons.

 

          (l)  Interpreter services” means interpreting services provided by an interpreter for the deaf and hard of hearing who is licensed in accordance with Int 300 and RSA 326-I:2,IV that are necessary for a parent, surrogate parent, guardian, or adult student to participate in the special education process.

 

          (m)  Interpreting services for a child with a disability” means “interpreting services for a child with a disability” as defined in 34 CFR 300.34(c)(4) and 300.322(e).

 

          (n)  Local education agency (LEA) means “local education agency” as defined in 34 CFR 300.28.

 

          (o)  Local school board” means the elected governing body of the LEA which is responsible for providing elementary and secondary education to all children who reside in the district.

 

          (p)  Local school district” means the political subdivisions of the state  as defined in RSA 194:1, RSA 195:1, and RSA 195-A:1,I.

 

          (q)  Local school board officials” means the administrators of the local school district.

 

          (r)  Manifestation determination” means the process by which the IEP team determines whether the  behavior that violated a student code of conduct is a manifestation of a student’s disability pursuant to 34 CFR 300.530(e).

 

          (s)  Mediation” means an alternative dispute resolution process in which an impartial mediator assists the parties in resolving issues in dispute pursuant to RSA 186-C:24.

 

          (t)  Migratory child with disabilities” means a “migratory child” as defined in 20 U.S.C. 6399(2) who has been identified as a child with a disability.

 

          (u)  Modification” means any change in instruction or evaluation determined necessary by the IEP team that impacts the rigor, validity or both, of the subject matter being taught or assessed.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12547, eff 6-14-18

 

          Ed 1102.04  Definitions N-R.

 

          (a)  National Instructional Materials Access Center (NIMAC) means the center established pursuant to 34 CFR 300.172.

 

          (b)  National Instructional Materials Accessibility Standard” (NIMAS) means the standards defined in 34 CFR 300.172.

 

          (c)  Native language” means “native language” as defined in 20 U.S.C. 7011(11).

 

          (d)  New Hampshire Special Education Information System” (NHSEIS) means a computer-based special education database and retrieval system that confidentially maintains personally identifiable data used for program development, monitoring, compliance, and reporting to the state board of education, the New Hampshire legislative bodies, and the U.S. Department of Education.

 

          (e)  Neutral conference” means “neutral conference” as defined in RSA 186-C:23-b.

 

          (f)  Nonacademic services” means those services and activities set forth in 34 CFR 300.117.

 

          (g)  Paraprofessional personnel” means personnel who do not meet the requirements of 34 CFR 300.156, and who work only under the direct supervision of qualified personnel.

 

         (h)  Parent” means a biological or adoptive parent, surrogate parent, or a guardian pursuant to 34 CFR 300.30. Parent does not mean the state when the state has legal guardianship.

 

          (i)  Personally identifiable” means “personally identifiable” as defined in 34 CFR 300.32.

 

          (j) “Preschoolers” means children 3 years of age or older but less than 6 years of age who have not been enrolled in public kindergarten.

 

          (k)  Private provider of special education” means a private or non-district special education program that provides the educational component of a child’s IEP and is subject to program approval under Ed 1114.  Private provider of special education does not mean a chartered public school or a public academy.

 

          (l)  Private school” means any school that meets the provisions of a non-public school as defined in Ed 401.01(c) and is not a chartered public school.

 

          (m)  Professional licensed to provide a health evaluation” means anyone who, under their specific licensing, is qualified to provide a health evaluation.  This may include, but is not limited to: a school nurse, a registered nurse, physician, psychiatrist, and naturopathic doctors.

 

          (n)  Public academy” means a public academy as defined in RSA 194:23, II.

 

          (o)  Public agency” means “public agency” as defined in 34 CFR 300.33.

 

          (p)  Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with 34 CFR 300.103.

 

          (q)  Qualified examiner” means a person licensed or certified in the state in which the evaluation is performed, who performs a formal diagnostic assessment in the area  of disability in which the person is qualified to perform the assessment as set forth Ed 1107.04, Qualified Examiners.

 

          (r)  Receiving district” means “receiving district” as defined in RSA 193:27,V.

 

          (s)  Related services” means “related services” as defined in 34CFR 300.34(a). 

 

          (t)  Response to scientific, research-based intervention” (RTI) means the process by which individual student instruction and student academic performance is evaluated using research based models of instruction prior to identifying a child with a learning disability as detailed in Ed 1107.02.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; amd by #13026, eff 4-10-20

 

          Ed 1102.05  Definitions S-Z.

 

          (a)  School day” means “school day” as defined in 34 CFR 300.11(c).

 

          (b)  School district means “school district” as defined in RSA 195-A:1.

 

          (c) “Sending district” means” sending district” as defined in RSA 193:27, IV.

 

          (d)  Special education” means “special education” as defined in 34 CFR 300.39.

 

          (e)  State education agency” (SEA) means the New Hampshire department of education.

 

          (f)  Services plan” means a written statement developed and implemented in accordance with 34 CFR 300.137 through 34 CFR 300.139 that describes the special education and related services that the LEA will provide to a parentally–placed child with a disability who is enrolled in a private school and has been designated to receive services, including the location of the services and any transportation necessary consistent with 34 CFR 300.132.

 

          (g)  Special factors” means the factors that the IEP team shall consider when the team develops each child’s IEP, as provided in 34 CFR 300.324(a)(2) and in Ed 1100.

 

          (h) “Specialist in the assessment of intellectual functioning” (SAIF) means a person certified to administer certain individualized tests by the bureau of credentialing of the department in accordance with Ed 500.

 

          (i)  State advisory committee” means the advisory committee appointed pursuant to RSA 186-C:3-b and 34 C.F.R. 300.167.

 

          (j)  State institution” means the New Hampshire hospital and the youth development center.

 

          (k)  Student code of conduct” means a written policy of expectations adopted by the LEA, SAU, or private provider of special education.

 

          (l)  Supplementary aids and services” means “supplementary aids and services” as defined in 34 CFR 300.42.

 

          (m)  Surrogate parent” means “surrogate parent” as defined in RSA 186-C:14,II(a), namely, “a person appointed to act as a child’s advocate in place of the child’s natural parents or guardian in the educational decision-making process” who is appointed pursuant to Ed 1115.05.

 

          (n)  Transition services” means “transition services” as defined in 34 CFR 300.43.

 

          (o)  Universal design” means “universal design” as defined in 34 CFR 300.44.

 

          (p)  Written affirmation” means “written affirmation” as described in 34 CFR 300.135.

 

          (q)  Written prior notice” means “prior notice by the public agency” as described in 34 CFR 300.503.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1103  PARTICIPANTS IN THE SPECIAL EDUCATION PROCESS

 

          Ed 1103.01  IEP Team.

 

          (a)  The composition of the IEP team, for the purposes of Ed 1103, shall be as provided in 34 CFR 300.321 and Ed 1103.01(b) and (c).

 

          (b)  A paraprofessional shall be considered an “other individual” who has knowledge or special expertise regarding the child as referred to in 34 CFR 300.321(a)(6).

 

          (c)  A representative of DCYF and an appointed Guardian ad Litem (GAL) shall be considered “other individuals” who have knowledge or special expertise regarding the child as referred to in 34 CFR 300.321(a)(6).

 

          (d)  When any vocational, career or technical education components are being considered, the IEP team membership shall include an individual knowledgeable about the vocational education and/or career and technical education programs being considered.

 

          (e)  The LEA or parent shall notify the other party of the expected absence of a team member at least 72 hours before a scheduled meeting or upon learning of the expected absence of a team member, whichever occurs first.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed  1103.02  Parent Participation.

 

          (a)  The LEA shall ensure that the parent or parents of the child with a disability receive a written notice no fewer than 10 days before an IEP meeting.  If the parent(s) agrees in writing, the LEA may satisfy this requirement via transmittal by electronic mail.  Such an agreement shall be effective until revoked in writing.  A notice sent by first class or certified U.S. mail 12 days prior to the meeting shall be deemed received 10 days before an IEP team meeting.

 

          (b)  Provided that for a manifestation determination review under 34 CFR 300.530(e) the LEA shall ensure that the parent or parents receive a written notice no fewer than 5 days before the review. 

 

          (c)  The notice shall include the purpose, time, location of the meeting and the identification of the participants.

 

          (d)  The notice requirements in Ed 1103.02(a) and (b) shall be waived with the written consent of the parent.

 

          (e)  Parent participation shall be in accordance with 34 CFR 300.322 and 34 CFR 300.501(b)-34 CFR 300.501(c).

 

          (f)  The public agency shall take whatever action is necessary to ensure that the parent(s) understands the proceedings at the IEP meeting consistent with 34 CFR 300.322(e).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1104 – SPECIAL EDUCATION PROCESS SEQUENCE

 

          Ed 1104.01  Sequence of Special Education Process.  The sequence of the special education process shall be:

 

          (a)  Referral;

 

          (b)  Evaluation;

 

          (c)  Determination of eligibility;

 

          (d)  Development and approval of the IEP;

 

          (e)  Placement;

 

          (f)  Ongoing monitoring of the IEP; and

 

          (g)  Annual review of the IEP.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1105  CHILD FIND

 

          Ed 1105.01  Responsibilities of the Local Education Agency.

 

          (a)  The LEA shall comply with 34 CFR 300.111(c), relative to child find procedures.

 

          (b)  The LEA shall have policies and procedures to ensure that any child who is potentially a child with a disability attending school and for any child 2.5 years of age up to 21 years of age residing within its jurisdiction is referred to the IEP team.

 

          (c)  The child find system shall contain specific provisions to meet the particular circumstances pertinent to the following groups of persons:

 

(1)  For children from 2.5 years of age, the LEA shall use the special education process described in Ed 1104, to find, identify, and evaluate all children who are potentially children with disabilities and who are suspected by the LEA of being in need of special education or special education and related services thereby ensuring that an IEP will be developed and implemented for any child who is eligible for special education by age 3; and

 

(2)  The LEA, using the special education process, shall find, identify, and evaluate all children suspected to be children with disabilities who are 2.5 years of age or older but less than 21 years of age.

 

          (d)  The child find system shall include children who are placed unilaterally in private schools within the geographic boundaries of the local school district by their parents without involving the LEA.

 

          (e)  The LEA shall provide the SEA, using NHSEIS, the following information:

 

(1)  Data concerning children suspected, evaluated, and determined eligible for special education; and

 

(2)  Data concerning children suspected, evaluated, and determined not eligible for special education.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1105.02  LEA Child Find Program.

 

          (a)  The LEA shall establish referral procedures which ensure that every child who is suspected or known to be a child with a disability shall be referred to the IEP team for further evaluation.

 

          (b)  Any person may refer a child under the age of 21 years to the IEP team for reasons including, but not limited, to the following:

 

(1)  Failing to pass a hearing or vision screening;

 

(2)  Unsatisfactory performance on group achievement tests or accountability measures;

 

(3)  Receiving multiple academic and behavioral warnings or academic or behavior warnings or suspension or expulsion from a child care or after school program;

 

(4)  Repeatedly failing one or more subjects;

 

(5)  Inability to progress or participate in developmentally appropriate preschool activities; and

 

(6)  Receiving service from family centered early support and services.

 

          (c)  The LEA shall coordinate with area agencies and family centered early supports and services to establish a process of LEA notification of children served by family centered early supports and services consistent with the interagency agreement between the LEA and area agencies providing family centered early supports and services.

 

          (d)  The LEA, annually, shall consult with representatives of private schools within its jurisdiction and representatives of parents of parentally-placed children with disabilities attending private schools within its jurisdiction to advise them of the LEA’s responsibility to identify and evaluate all children who are suspected of or known to be children with a disability and who are enrolled in such schools.  Schools shall forward referrals to the IEP team for further review.

 

          (e)  The LEA shall annually contact all community agencies and programs within its jurisdiction which provide medical, mental health, early intervention, early care and education, welfare, and other human services to advise them of the LEA’s responsibility to find, identify and evaluate all children who might be children with disabilities, and referrals from these agencies shall be forwarded to the IEP team for further evaluation.

 

          (f)  The LEA, annually, shall disseminate information which describes its child find program.  It shall include a description of the LEA’s special education program, including a contact person in the school system for further information or referral.

 

          (g)  The LEA, annually, shall provide all parents of children with disabilities with information regarding the parents’ rights and responsibilities under federal and state law as provided in 34 CFR 300.504 regarding special education.

 

          (h)  The LEA shall ensure that all referrals from parents and others who suspect or know a child to be a child with a disability shall be referred to the IEP team.  The LEA shall provide the parents with a written notice of any referral other than one initiated by the parent, in accordance with Ed 1106.01(c).

 

          (i)  The LEA shall ensure that child find activities are completed within the applicable timelines.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1105.03  Child Find For Children Placed in Homes for Children, Health Care Facilities, or State Institutions.  In order to ensure that all relevant agencies and groups within the boundaries of each local school district are aware of the LEA’s child find efforts and of the process for referring a child who is or might be involved with the court and for whom a special education program might be appropriate, the LEA shall:

 

          (a)  Appoint an LEA employee to direct the child find effort;

 

          (b)  Publicize the name of the employee’s functions, and the manner by which the employee might be contacted within the LEA;

 

          (c)  Correspond with, or contact at least once a year, agencies or groups within the area served by the LEA which might have knowledge of children with disabilities who are not being served, explaining the referral process and requesting that they refer to the LEA children under the age of 21 who might have educational disabilities; and

 

          (d)  Contact the following agencies:

 

(1)  Local DCYF offices;

 

(2)  Local public defenders;

 

(3)  Local district courts;

 

(4)  Local residential educational and treatment programs; and

 

(5)  Social service agencies which provide medical, mental health, welfare, and other human services.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1105.04  Child Find for Children Currently Receiving Family Centered Early Supports and Services.

 

          (a)  The LEA shall develop a written early transition process for children exiting family centered early supports and services which ensures that any child who is potentially a child with a disability is evaluated and eligibility for special education is determined prior to the child’s third birthday. If the child is determined to be a child with a disability eligible for special education and related services, the LEA shall ensure that an IEP is developed and implemented on or before the child's third birthday.

 

          (b)  The transition process in Ed 1105.04(a) shall include a written interagency agreement between the LEA and the local area agencies, as defined by RSA 171-A:2,I-b responsible for the provision of family centered early supports and services in that community. 

 

          (c)  The agreement shall include, but not be limited to, LEA and area agency policies, practices and procedures regarding:

 

(1)  Practices that will enable family centered early supports and services and LEA personnel to collaborate effectively;

 

(2)  When and how data and information will be shared, including a statement of confidentiality;

 

(3) A plan for maximum efficiency of meetings, including consolidation of meetings when appropriate;

 

(4)  A process to ensure that the transition conference planning activities and other meetings are scheduled at mutually agreeable times for families, family centered early supports and services and LEA staff;

 

(5)  Transition activities that will be in place, such as home and program visits, observations, and evaluations as needed;

 

(6)  LEA child find activities under Ed 1105, including details about LEA and family centered early supports and services, area agency responsibilities, timelines for notification to the LEA for child find, and referral to the LEA for eligibility determination;

 

(7)  Coordination between LEA and family centered early supports and services to conduct evaluations and assessments for determination of eligibility for special education that includes how evaluations or assessments previously administered to the child will be conducted and utilized;

 

(8)  Participation in transition meetings and who should participate in the transition meeting, with the understanding that the special education process team for referral, evaluation, IEP development, and placement are the same; and

 

(9)  Specific provisions that regardless of the child's date of birth in late spring, summer, or early fall, an IEP will be developed and implemented on or before the child's third birthday.

 

          (d)  The LEA shall participate in transition planning conferences arranged by the local area agency responsible for family centered early supports and services in that community.

 

          (e)  At the request of the parent, an invitation to the initial IEP meeting shall be sent to the child's family centered early supports and services service coordinator or other representatives of the family centered early supports and services system to assist with the smooth transition of services.

 

(f)  The LEA shall report in NHSEIS whether a child referred by family centered early supports and services is a child determined to be a child with a disability or if the child is found not eligible as a child with a disability.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1106  REFERRAL AND DISPOSITION OF REFERRAL

 

          Ed 1106.01  Process; Provision of FAPE.  In order to provide a FAPE for children 2.5 years of age to 21 years of age there shall be a referral process in which:

 

          (a)  The LEA shall comply with 34 CFR 300.124 when accepting referrals and transitioning children from Part C of the IDEA to preschool programs;

 

          (b)  The LEA shall establish a process for referral and evaluation which includes individual participants responsible for decision-making and implementation;

 

          (c)  The LEA shall, upon receipt of a referral from any source, immediately notify the parent, in writing, of the referral;

 

          (d)  The IEP team shall within 15 business days of the referral, determine whether the concerns raised by the referral can be addressed utilizing existing pupil support services available to all children, whether additional information is required, and what evaluations, if any, are needed to address any remaining concerns raised by the referral;

 

          (e)  The IEP team shall, within 15 business days of the referral, give the parent written notice of its disposition of the referral. This notice to parents shall conform to the requirements of 34 CFR 300.503 through 300.504 and include a description of the LEA’s special education procedures.  When additional testing has been determined to be necessary, the notice shall also include a request for written consent to conduct any individual evaluations needed to determine the child’s disabilities;

 

          (f)  The parent may, if the child’s parent disagrees with the IEP team’s disposition of the referral, request alternative dispute resolution as described in Ed 1122 or a due process hearing as described in Ed 1123;

 

          (g)  The LEA may take action consistent with 34 CFR 300.300 if parental consent for evaluation is not granted or if a parent fails to respond to a request for evaluation;

 

          (h)  Written parental consent shall be required for individual evaluations to further diagnose the needs of a child already determined to be a child with a disability; and

 

          (i)  The provision of FAPE by the LEA shall comply with 34 CFR 300.101(a), (b), and (c), and 34 CFR 300.530(d).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1107  EVALUATION

 

          Ed 1107.01  Evaluation.

 

          (a)  The LEA shall comply with 34 CFR 300.301 - 34 CFR 300.311 relative to evaluations.

 

          (b)  The LEA shall comply with 34 CFR 300.302-305 relative to evaluation procedures and reevaluation. The child’s educational history shall be reviewed, including identification of the child’s past opportunities to have acquired important skills and information.

 

          (c)  For initial evaluations, the evaluation process, as defined in Ed 1102.02(n), shall be completed within 60 days after receipt of parental consent to evaluate.

 

          (d)  For reevaluations, the evaluation process as defined in Ed 1102.02(n) shall be completed within 60 days after the receipt of parental consent to evaluate, or at the conclusion of any extension provided in Ed 1107.01(e).

 

          (e)  Upon written consent of the parties, the 60 day time limit required by Ed 1107.01(d) may be extended by a specific number of days, not to exceed 30 days.

 

          (f)  For children served by family centered early supports and services, the evaluation process, including a written summary report, shall be completed prior to the child’s third birthday.

 

          (g)  If a referral is ordered by a court pursuant to RSA 169-B:22, 169-C:20 or 169-D:18, upon the receipt of the order for referral, the IEP team shall, within 15 business days of the referral, determine whether the concerns raised by the referral can be addressed utilizing existing pupil support services available to all children, whether additional information is required, and what testing, if any, is needed to address any remaining concerns raised by the referral about how the referral is determined.

 

          (h)  All of the requirements for diagnostic information specified in Ed 1107 shall apply to the selection, administration, and interpretation of vocational assessments.

 

          (i)  The LEA shall comply with 34 CFR 300.301 - 311 relative to determining the existence of a disability.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1107.02  Evaluation Requirements for Children with Specific Learning Disabilities.

 

          (a)  For purposes of evaluating whether a child has a specific learning disability, one or more of the following criteria shall be used:

 

(1)  A discrepancy model between intellectual skills and achievements;

 

(2)  A process that determines if the child responds to scientific, research-based intervention as part  of the evaluation procedures described in 34 CFR  300.307(a)(2); and

 

(3)  Other alternative research-based procedures as described in 34 CFR 300.307(a)(3).

 

(b)  Each LEA shall adopt a policy describing the evaluation procedures and standards that will be used to evaluate whether a child has a specific learning disability.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1107.03  Independent Educational Evaluations.

 

          (a)  The expense incurred in any LEA evaluation procedure recommended by the IEP team shall not be the financial obligation of the parent but shall be the responsibility of the LEA or other financial resources such as, but not limited to, another public agency or Medicaid.

 

          (b)  The LEA shall comply with 34 CFR 300.502, relative to independent educational evaluation.

 

          (c)  The agency criteria determined by the LEA, as described in 34 CFR 300.502(a)(2) and 300.502(e), to the extent that they exceed qualified examiner criteria or establish geographic limitations, shall not be so restrictive that the parent does not have a choice of independent evaluators.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1107.04  Qualified Examiners.

 

          (a)  Formal diagnostic assessments shall be administered by qualified examiners.

 

          (b)  Qualified examiners for specific disabilities shall be as set forth in Table 1100.1, “Required Assessments and Qualified Examiners by Type of Disability” as follows:

 

Table 1100.1 Required Assessments and Qualified Examiners by Type of Disability

 

Disability

Assessments Required

Qualified Examiners

AUTISM

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

 

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

 

Health

Professional Licensed to provide a Health Evaluation

DEAF-BLINDNESS

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Hearing

Audiologist

Otolaryngologist

Otologist

 

Vision

Ophthalmologist

Optometrist

DEAFNESS

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Hearing

Audiologist

Otolaryngologist

Otologist

DEVELOPMENTAL DELAY –

In order to identify a child as educationally disabled as the result of a developmental delay the IEP Team must determine the child is experiencing developmental delays in one or more of the following areas:  physical development; cognitive development; communication development; social or emotional development; or adaptive development.

Varies based on the suspected disability

Varies based on the suspected disability

EMOTIONAL DISTURBANCE

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Social/Emotional Status

Associate School Psychologist

Psychiatrist

Psychologist

School Psychologist

HEARING IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Hearing

Audiologist

Otolaryngologist

Otologist

INTELLECTUAL DISABILITY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

 

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

MULTIPLE DISABILITIES –

Requires at least two concomitant disabilities which are evaluated and documented in the student’s evaluation record. This primary disability refers to concomitant impairments which cause severe educational problems

Varies based on the two or more disabilities suspected

Varies based on the assessment administered

ORTHOPEDIC IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Health

Professional Licensed to provide a Health Evaluation

 

Motor Ability

Licensed Physician

Neurologist

Occupational Therapist

Physical Therapist

OTHER HEALTH IMPAIRED

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Health

Professional Licensed to provide a Health Evaluation

SPECIFIC LEARNING DISABILITY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

 

Observation

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Hearing

 

 

Or

Hearing Screening

Audiologist

Otolaryngologist

Otologist

 

School Nurse

 

Vision

 

Or

Vision Screening

Ophthalmologist

Optometrist

 

School Nurse

SPEECH-LANGUAGE IMPAIRMENT

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

TRAUMATIC BRAIN INJURY/ACQUIRED BRAIN INJURY

Academic Performance

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

Health

Professional Licensed to provide a Health Evaluation

A minimum of 2 of the following assessments must also be completed:

Adaptive Behavior

Communicative Skills

Intelligence

Social/Emotional Status

Adaptive Behavior

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychiatrist

Psychologist

S.A.I.F.**

School Psychologist

Licensed Social Worker

 

Communicative Skills

Speech-Language Pathologist

Speech-Language Specialist

 

Intelligence

Associate School Psychologist

Psychologist

S.A.I.F.**

School Psychologist

 

Social/Emotional Status

Associate School Psychologist

Psychiatrist

Psychologist

School Psychologist

VISUAL IMPAIRMENT/ BLINDNESS

Academic Performance

 

Associate School Psychologist

Certified Educator

Guidance Counselor

Psychologist

S.A.I.F.**

School Psychologist

 

 

Vision

Ophthalmologist

Optometrist

 

          **S.A.I.F., Specialist in the Assessment of Intellectual Functioning

 

          (c)  Qualified examiners shall administer and interpret test results and provide written reports to the LEA.

 

    (d)  The LEA shall provide parents with copies of each examiner’s evaluation and assessment report(s) at least 5 days prior to the meeting of the IEP team at which the evaluation and assessment report(s) will be discussed.  The LEA shall provide the report(s) by sending the report(s) to the parents via US mail unless the parents and the LEA agree upon another method.

 

          (e)  The parent may waive, in writing, paragraph d.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10; ss by #12141, eff 3-24-17

 

          Ed 1107.05  Evaluation Report.

 

          (a)  The IEP team determining the child’s disabilities shall develop a written summary containing the results of the various diagnostic findings and forward a copy of the report to the parent and a copy to the LEA for the child’s records.  The report shall be written after the child’s initial evaluation and thereafter if the public agency and the parent, consistent with 34 CFR 300.303, determine that a reevaluation will be conducted.

 

          (b)  The report shall include, but not be limited to:

 

(1)  The results of each evaluation procedure, test, record, or report;

 

(2)  A written summary of the findings of the procedure, test, record, or report; and

 

(3)  Information regarding the parent’s rights of appeal in accordance with Ed 1123 and a description of the parent’s right to an independent evaluation in accordance with Ed 1107.03.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1108  DETERMINATION OF ELIGIBILITY FOR SPECIAL EDUCATION

 

          Ed 1108.01  Determination of Eligibility for Special Education.

 

          (a)  The LEA shall comply with 34 CFR 300.301-311 relative to determination of eligibility.

 

          (b)  For determination of eligibility, the composition of the IEP team described in 34 CFR 300.306 shall be the IEP team.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1109  THE INDIVIDUALIZED EDUCATION PROGRAM

 

          Ed 1109.01  Elements of an Individualized Education Program.

 

          (a)  Each IEP shall include:

 

(1)  The elements listed in 34 CFR 300.320;

 

(2)  The length of the school year and the school day required to implement the IEP;

 

(3)  The types of service providers who would be responsible for implementing the IEP or the names of those providers;

 

(4)  A statement identifying the party or parties assuming the financial responsibility for the implementation of the IEP;

 

(5)  The signature of the parent or, where appropriate, student, and representative of the LEA stating approval of the provisions in the IEP;

 

(6)  Short-term objectives or benchmarks for all children unless the parent determines them unnecessary for all or some of the child’s annual goals;

 

(7)  Short-term objectives or benchmarks for all children who take alternate assessment based on alternate achievement standards;

 

(8)  A statement of how the child’s progress toward meeting the annual goals shall be provided to the parents;

 

(9)  A statement of how the child’s progress toward meeting the annual goals will be measured and whether progress is sufficient to achieve the annual goals by the end of the school year; and

 

(10)  A statement of transition services that meets the requirements of 34 CFR 300.43 and 34 CFR 300.320(b), with the exception that a plan for each student with a disability beginning at  age 14 or younger, if determined appropriate by the IEP team, shall include a statement of the transition service needs of the student under the applicable components of the student’s IEP that focuses on the student’s courses of study such as participation in advanced-placement courses, vocational education, or career and technical education.

 

          (b)  All of the requirements for the IEP specified in Ed 1109.01(a) shall apply to the development, approval, and implementation of any vocational, career or technical education component.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1109.02  Transportation.

 

          (a)  All vehicles used to transport children with disabilities provided by, or on behalf of a school district, shall be maintained in safe working order and be inspected and licensed according to the New Hampshire department of safety rules as provided in Saf-C 1307 and RSA 266:7.

 

          (b)  All drivers of such vehicles shall be licensed according to Saf-C 1304.

 

          (c)  Parents of a child with a disability shall not be required to meet the standards of Ed. 1109.02 (a) – (b) when providing transportation to their own child.

 

          (d)  Any contracted providers of transportation for children with disabilities, including parents transporting children other than their own, shall comply with the standards of Ed.1109.02 (a) – (b).

 

          (e )  Each person who transports children other than their own  in a private passenger vehicle to or from school or a school related activity shall not be required to obtain a school bus driver's certificate pursuant to RSA 263:29 and these rules, as long as he or she is not under contract or reimbursement agreement with a municipality.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

Ed 1109.03  When an IEP Is in Effect; IEP Meetings; Development, Review, and Revision of an IEP; Transition Services.

 

          (a)  The LEA shall provide special education, related services, supplementary aids and services, accommodations, and modifications to a child with a disability in accordance with the child’s IEP.   IEPs shall be in effect in accordance with 34 CFR 300.323.

 

          (b)  In the case of a child with a disability aged 3 through 5 or a two-year-old child with a disability who will turn age 3 during the school year when the LEA offers special education services to children with disabilities prior to age 3, the IEP team shall consider the contents of an IFSP in accordance with 34 CFR 300.323(b).

 

          (c)  For children whose unique educational needs require IEPs which exceed the standard school year, the requirements of Ed 1110.01 shall be followed.

 

          (d)  The IEP shall be reviewed at least annually and, if necessary, revised.  The IEP shall comply with 34 CFR 300.323, specifying when IEPs shall be in effect, including an IEP or IFSP for children with disabilities ages 3 through 5 or for a 2- year-old child with a disability who will turn 3 years of age during the school year.

 

          (e)  The IEP team shall determine the appropriate length of an IEP, which shall not exceed 12 months without review and approval by the IEP team.

 

          (f)  The child’s educational history shall be reviewed, including identification of the child’s past opportunities to have acquired important skills and information.

 

          (g)  IEP meetings shall be conducted in accordance with 34 CFR 300.324(b).

 

          (h)  Development, review, and revision of an IEP shall be in accordance with 34 CFR 300.324 and, when appropriate,  for children with disabilities who are functionally blind, in accordance with RSA 186-C:7-b.

 

          (i)  Transition services may be provided by a participating agency other than the LEA consistent with 34 CFR 300.324(c) to ensure there is no interruption in the services detailed in the child's IEP.

 

          (j)  Transition services, other than those provided by a NH Department of Education approved special education program which the child attends, shall be monitored by LEA personnel, on no less than a weekly basis.

 

          (k)  LEAs shall comply with RSA 186-C:9 relative to required special education.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1109.04  Copies of the IEP and Evidence of Implementation.

 

          (a)  The LEA shall provide each teacher and service provider listed as having responsibilities for implementing the IEP with a copy of the complete IEP for working and monitoring purposes. In addition, the LEA shall provide a private school or non-LEA provider responsible for implementing the IEP with a copy of the IEP on or before the first day of the placement.

 

          (b)  The LEA shall maintain written evidence documenting implementation of the IEP, including:

 

(1)  Special education and related services provided;

 

(2)  Supplementary aids and services provided;

 

(3)  Programs modifications made; and

 

(4)  Supports provided for school personnel implementing the IEP.

 

          (c) A summary of the child’s academic achievement and functional performance, including recommendations on how to meet post-secondary goals, shall be provided to the child prior to the child’s eligibility termination described in 34 CFR 300.305(e)(2).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1109.05  IEPs for Children Placed in Private Providers of Special Education or other non-LEA Programs by Public Agencies.  The LEA, as the responsible public agency, shall comply with 34 CFR 300.325 relating to private providers of special education placements by public agencies.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1109.06  Monitoring and Annual Review of IEPs.

 

          (a)  The LEA shall develop and implement procedures designed to monitor that all IEPs are implemented.  The IEP team may be reconvened at any time to review the provisions of the IEP.

 

          (b)  The LEA, upon a written request for an IEP team meeting by the parent, guardian, or adult student shall:

 

(1)  Schedule a mutually agreeable time and date for an IEP team meeting;

 

(2)  Convene the IEP team on the mutually agreeable time and date; or

 

(3)  Provide the parent, guardian, or adult student with written prior notice detailing why the LEA refuses to convene the IEP team that the parent, guardian, or adult student has requested.

 

          (c)  All activities detailed in Ed 1109.06(b) shall be completed within 21 days following the receipt of the written request for the IEP team meeting.

 

          (d)  The LEA, annually, shall conduct at or near the end of the term of each IEP, a meeting for the purpose of assessing the effectiveness of the present plan and to design an IEP, including extended school year services when appropriate.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1110  EXTENDED SCHOOL YEAR SERVICES

 

          Ed 1110.01  Extended School Year Services.

 

          (a)  In the provision of extended school year services, the LEA shall comply with 34 CFR 300.106.

 

          (b)  The LEA shall provide extended school year services at times during the year when school is not in session, if determined by the IEP team to be necessary for the provision of FAPE. Extended school year services shall not be limited to the summer months or to predetermined program design.

 

          (c)  ESY services, other than those provided by a NH Department of Education approved special education program which the child attends, shall be monitored by LEA personnel on no less than a weekly basis.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1111  PLACEMENT OF CHILDREN WITH DISABILITIES

 

          Ed 1111.01  Placement in the Least Restrictive Environment.

 

          (a)  Each LEA shall ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private providers of special education, are educated with children who do not have disabilities and that, consistent with 34 CFR 300.114, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

 

          (b)  A child with a disability shall be admitted to regional vocational, career or technical education center programs on the basis of vocational needs as outlined in the child’s IEP and availability of space. However, the LEA shall ensure that any child who requires vocational education and/or career and technology education as part of FAPE shall receive such services as determined by the IEP team in the least restrictive environment.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1111.02  Continuum of Alternative Educational Environments.

 

          (a)  The LEA shall comply with the requirements of 34 CFR 300.115, relative to continuum of alternative educational environments as set forth in Table 1100.2 and table 1100.3.

 

          (b)  School districts shall, at a minimum, give evidence that the continuum of alternative educational environments from least restrictive to most restrictive set forth in Table 1100.2, “Continuum of Alternative Educational Environments for Children Ages 3-5.” and as set forth in Table 1100.2, “Continuum of Alternative Educational Environments for  Children Ages 6-21” and as set forth in Table 1100.4, “Continuum of Alternative Educational Environments –Ages 6-21 is available or would be made available as placements for children with disabilities, including children of preschool age.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1111.03  Placement Decisions.

 

          (a)  The IEP team shall make placement decisions in accordance with 34 CFR 300.116.

 

          (b)  Preschool children with disabilities shall be educated in an educational environment that is appropriate to implement the IEP or IFSP and is the least restrictive environment consistent with 34 CFR 300.116, placements.

 

          (c)  Preschool children with disabilities may receive their special education program in any of the environments listed in Table 1100.2 as follows:

 

Table 1100.2  Continuum of Alternative Educational Environments – Ages 3-5

 

Preschool Educational Environments

Description

Early childhood program

A preschool child with a disability attends an early childhood program that includes at least 50% nondisabled children.

Home

A preschool child with a disability receives some or all of his/her supports and services in the child’s home. 

Early childhood special education program

A preschool child with a disability attends an early childhood special education program which can include any of the classrooms described in Ed 1113.10(c)(5).

Service provider location

A preschool child with a disability receives supports and services from a service provider.

Separate school

A preschool child with a disability attends a publicly or privately operated separate day school facility designed specifically for children with disabilities. 

Residential facility

A preschool child with a disability attends a publicly or privately operated residential school or residential medical facility on an inpatient basis. 

 

          (d)  Children age 6-21 may receive their special education program at any of the environments listed in Table 1100.3 as follows:

 

Table 1100.3  Continuum of Alternative Educational Environments – Ages 6-21

 

Educational Environments

Description

Regular Education Setting

A child with a disability attends regular class with supports and services required in the IEP.

Resource room

A child with a disability attends a regular class and receives assistance at or through the special education resource room for no more than 60% of the child’s school day.

Self-contained Special Education Class

A child with a disability attends a self-contained special class for more than 60% of their school day.

Separate Approved Special Education Program/School

A child with a disability attends a publicly or privately operated   special education program/school.

Residential placement

A child with a disability attends a publicly or privately operated residential program.

Home Instruction

 

A child with a disability receives all or a portion of his or her special education program at home.

Hospital or institution

A child with a disability receives special education while in a hospital or institution.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17 (from Ed 111.02)

 

          Ed 1111.04  Home Instruction for School-Aged Children with Disabilities.

 

          (a)  Home instruction is an alternative placement for children at least 6 years of age but less than 21 years of age in accordance with CFR 300.115.

 

          (b)  This section shall not apply to children with disabilities who have been removed from school for violations of a code of student conduct or removals to an interim alternative educational setting as authorized in 34 CFR 300.530(b) through (d) and 300.532(b).  Such children shall receive services consistent with Ed 1124; provided that such services, if provided at the child’s home, shall consist of: (a) a minimum of 10 hours/week of instruction, including special education as specified in the child’s IEP; and (b) related services as specified in the child’s IEP.

 

          (c)  Home instruction for children at least 6 years of age but less than 21 years of age shall not include parent-designed home instruction programs as authorized in Ed 315.

 

          (d)  Pursuant to CFR 300.116, a child’s placement is determined at a least annually and is based on the child’s IEP.

 

          (e)  Children who are placed in home instruction should be allowed to participate with nondisabled children to the maximum extent appropriate to the needs of the child, as required by 34 CFR 300.114(a)(2)(i).

 

          (f)  Length of the school year and school day for a home instruction placement shall be consistent with RSA 186-C: 15 except as follows:

 

(1)  When the superintendent has excused a student from full-time attendance in accordance with RSA 193:1, I(c) or RSA 193:5, in which case the superintendent and parent shall agree on the number of hours per week of instruction, including special education and related services that the student shall receive.

 

(2)  For children with disabilities ages18-21, the procedures in Ed 1111.04(e) (1) shall apply as if the child with a disability were under 18 years of age.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17 (from Ed 1111.05)

 

PART Ed 1112  PARENTALLY PLACED CHILDREN WITH DISABILITIES

 

          Ed 1112.01  Parentally Placed Children With Disabilities When FAPE Is Not At Issue.  The provisions of 34 CFR 300.130 through 34 CFR 300.144 shall govern the provision of special education and related services to children with disabilities who are not covered by Ed 1112.02 or Ed 1112.03.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1112.02  Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue.  When a child with a disability is placed by his or her parents in a private school because the parents believe the LEA has not provided FAPE, the provision of and reimbursement for education, including special education and related services, for children with disabilities enrolled by their parents in a private school shall be governed by 34 CFR 300.148.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1112.03  Children with Disabilities Receiving Home Education.  Children with disabilities who are receiving home education under RSA 193-A shall not be considered to be children attending a private school.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1113  REQUIREMENTS FOR THE DEVELOPMENT AND OPERATION OF PROGRAMS FOR CHILDREN WITH DISABILITIES ADMINISTERED BY LOCAL EDUCATION AGENCIES

 

          Ed 1113.01  Applicability.  Ed 1113 shall apply to all public schools and public academies.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.02  Required IEP Compliance; Programming in Appropriate Learning Environments.

 

          (a)  An IEP shall comply with 34 CFR 300.320, 324(c), and 325.

 

          (b)  When children with disabilities participate in regular education classes or programs, the integrity and appropriateness of the curricula of the classes or programs shall be maintained for both the children with disabilities and the children who do not have disabilities.

 

          (c)  Each LEA shall provide for a continuum of alternative placements for each child with a disability as required in 34 CFR 300.115. In addition, each IEP shall describe the extent to which each child with a disability shall be involved in and progress in the general curriculum and regular class placement as required in 34 CFR 300.320.

 

          (d)  If required by the child’s IEP, each LEA shall provide related services as defined in Ed 1102.04(q) to the child or the child’s teacher, or to both the child and the child’s teacher.

 

          (e)  If required by the child’s IEP, each LEA shall provide for supplementary aids and services as defined in 34 CFR 300.42.

 

          (f)  Each public agency shall comply with 34 CFR 300.107-300.108, 34 CFR 300.110, and 34 CFR 300.320(a)(4), and 34 CFR 300.117 relative to making program options, nonacademic services, and physical education available to children with disabilities.

 

          (g)  If required by the child’s IEP, each LEA shall provide the supports for school personnel as required by 34 CFR 300.320(a)(4).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.03  Establishment of Education Programs for Children with Disabilities.

 

          (a)  A program for preschool children with disabilities may be home-based, school-based, or a combination of both.  The preschool program shall consist of special education or special education and related services, the specific manner and duration of which shall be provided according to the preschool child’s IEP.

 

          (b)  An LEA shall:

 

(1)  Establish an approved program or programs for children with disabilities;

 

(2)  Enter into cooperative agreements with other LEAs to provide approved programs for children with disabilities; or

 

(3) Pay tuition to such an approved program maintained by another LEA or by a private organization, as required by RSA 186-C:10.

 

          (c)  Each program maintained by, or contracted through, a public agency shall provide that children with disabilities are educated with nondisabled children in accordance with the requirements of 34 CFR 300.114.

 

          (d)  A program for children with disabilities shall provide those components of the child’s approved IEP as required in 34 CFR 300.320.

 

          (e)  Instruction shall be provided to implement the IEP of a child with a disability who is in a hospital or institution for medical treatment.  In such cases, the LEA shall not be required to pay for medical services except to the extent that medical services are included in the definition of related services in Ed 1102.04(q).

 

          (f)  The LEA shall designate the individuals responsible for supervision of children with disabilities. Personnel responsible for these activities shall include the superintendent of schools or the superintendent’s representative, the building principal, and special supervisors.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

          Ed 1113.04  Behavioral Interventions.

 

          (a)  Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students.

 

          (b)  An LEA, other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive behavioral interventions:

 

(1)  Any procedure intended to cause physical pain;

 

(2)  Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;

 

(3)  Any non-medical mechanical restraint that physically restricts a student’s movement;

 

(4)  Contingent food or drink programs;

 

(5)  Electrical stimulation;

 

(6)  Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and

 

(7)  Physical restraint, unless in response to a threat of imminent, serious, physical harm pursuant to RSA 126-U.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

 

          Ed 1113.05  Emergency Intervention Procedures.  All crisis or emergency intervention procedures shall be included in the student’s IEP and shall comply with Ed 1113.04 and RSA 126-U:5

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

 

          Ed 1113.06  RESERVED

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; rpld by #10590, eff 5-15-14

 

          Ed 1113.07  Prohibition on Mandatory Medication.  As provided in 34 CFR 300.174, an LEA, other public agency, private provider of special education or other non-LEA program shall not require parents to

obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substance Act, 21 U.S.C. 812(c), for a child as a condition of attending school, receiving an evaluation, or receiving services.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.08  Curricula.

 

          (a)  The LEA shall ensure that every preschool child with a disability has full access to appropriate preschool activities, in compliance with 34 CFR 300.320(a)(1)(ii).

 

          (b)  The LEA shall ensure that every child with a disability has full access to the LEA’s general curriculum, in compliance with 34 CFR 300.320(a)(4).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.09  Equipment, Materials and Assistive Technology.

 

          (a)  Each LEA shall provide in an appropriate and timely manner, instructional equipment and materials adequate to implement the IEP for each child with a disability, as required by 34 CFR 300.105.

 

          (b)  Each LEA shall monitor the proper functioning of hearing aids, as required by 34 CFR 300.105, low vision aids, and other orthotic and prosthetic devices and assistive technology services and devices defined  in 34 CFR 300.5–300.6 used by children with disabilities in school. Each LEA shall also provide for the necessary repairs for hearing aids, low vision aids, and other orthotic and prosthetic devices and adaptive equipment.

 

          (c)  Each LEA shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as part of the child’s special education, related services or supplementary aids and services stated in the child’s IEP and as required in 34 CFR 300.105.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.10  Class Size and Age Range.

 

          (a)  The following shall apply to the early childhood program for children with disabilities ages 3 through 5:

 

(1)  A preschool child may receive some or all special education and related services in a regular early childhood program as determined by the IEP team; and

 

(2)  Qualified personnel shall provide services as identified in the IEP or IFSP.

 

          (b)  The following shall apply to the home program for children with disabilities ages 3 through 5:

 

(1)  A preschool child may receive some or all special education and related services in the child’s home, as determined by the IEP team; and

 

(2)  Qualified personnel, as identified in the IEP or IFSP, shall provide services in the home.

 

          (c)  The following shall apply to early childhood special education programs which are made up of early childhood special education classes:

 

(1)  An early childhood special education class shall be considered a special education class when it includes less than 50% children without disabilities;

 

(2)  In an early childhood special education program there may be more than one early childhood special education class;

 

(3)  The LEA shall ensure the individual needs of the children with disabilities can be met when determining the number of children to be enrolled and staffing in the early childhood special education class;

 

(4)  Preschool children with disabilities will be placed in an early childhood special education program consistent with Ed 1111.01(a) and CFR 300.114;

 

(5)  Preschool children in an early childhood special education class shall be between the ages of 3 and 5 years of age, a 2 year old who turns 3 during the school year, or a 5 year old who turns 6 after September 30 of the school year;

 

(6)  The minimum teacher to student ratio in all early childhood special education classes shall be:

 

a.  One qualified teacher for one to 8 preschool students;

 

b.  One qualified teacher and one qualified paraprofessional for 8-12 preschool students unless the needs presented by the severity of the disabilities warrants the assignment of additional staff; or

 

c.  Two qualified teachers for 8-12 preschool students;

 

(7)  The maximum number of preschool children in an early childhood special education class shall be 12; and

 

(8)  Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program.

 

          (d)  The following shall apply to a self-contained special education class grades K - 12:

 

(1)  A special education class shall be considered self-contained when children with disabilities spend more than 60 percent of their day in that setting;

 

(2)  A minimum teacher to student ratio in all self-contained programs shall be:

 

a.  One qualified teacher for one to 8 students;

 

b.  One qualified teacher and one qualified paraprofessional for 8 to 12 students unless the needs presented by the severity of disabilities warrants the assignment of additional staff; or

 

c.  Two qualified teachers for 8 to 12 students;

 

(3)  The maximum number of children in a self-contained classroom shall be 12;

 

(4)  Children ages 6 –16 in self-contained special education classes shall have an age range of not more than 4 years;

 

(5)  Self-contained programs shall, to the greatest extent possible, include students of comparable developmental and functional levels;

 

(6)  Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program;

 

(7)  Children in self-contained special education classes on the elementary level shall have an age range of not more than 4 years; and

 

(8)  On the junior and senior high school levels, children in self-contained classes shall have an age range of not more than 4 years and an academic range of not more than 5 years.

 

          (e)  The following shall apply to resource rooms:

 

(1)  Resource rooms shall serve children with disabilities for no more than 60 percent of the child’s school day as an adjunct to assignment to regular educational programs;

 

(2)  Children with disabilities shall not receive all of their academic instruction in resource rooms;

 

(3)  The total number of children with disabilities being served in the resource room at any given time shall not exceed 12 children without the assistance of support personnel;

 

(4)  The maximum number of children with disabilities served in a resource room at any given time shall be 20; and

 

(5)  The LEA shall ensure that the abilities of the resource room teacher match the needs of the children with disabilities and that the resource room teacher is capable of implementing the IEPs of all the children with disabilities assigned to the resource room.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.11  Facilities and Location.

 

          (a)  Classrooms and other instructional areas for children with disabilities shall be located in a building with children of similar chronological age.

 

          (b)  Physical space for classrooms and other instructional program areas for children with disabilities shall meet the state requirements in Ed 321.10 and Ed 321.11 for physical space for classrooms and other instructional programs for other children enrolled at the school.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.12  Personnel Standards.

 

          (a)  Personnel providing services to children with disabilities in public elementary and secondary schools shall be appropriately and adequately trained as required by 34 CFR 300.156.

 

          (b)  Paraprofessional personnel providing services to children with disabilities shall:

 

(1)  Work under the supervision of a certified special education teacher;

 

(2)  Be supervised and observed by a certified special education teacher under whom they work as often as deemed necessary by the LEA, but no less than once each week;

 

(3)  Implement a plan designed by the certified educator;

 

(4)  Monitor the behavior of children with whom they are working; and

 

(5)  Assist in the provision of special education and related services.

 

          (c)  Paraprofessional personnel providing services to children with disabilities shall not:

 

(1)  Design programs;

 

(2)  Evaluate the effectiveness of programs;

 

(3)  Assume responsibilities of a teacher or a substitute teacher; or

 

(4)  Instruct a child with a disability.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17; ss by #12547, eff 6-14-18

 

          Ed 1113.13  Diplomas.

 

          (a)  LEAs shall provide all children with disabilities an equal opportunity to complete a course of studies leading to a regular high school diploma. In accordance with 34 CFR 300.102(a)(3), the awarding of  a document other than a regular high school diploma shall not terminate the child’s eligibility for FAPE.

 

          (b)  Children with disabilities shall be entitled to continue in an approved program until such time as the child has acquired a regular high school diploma or has attained the age of 21, whichever occurs first, or until the IEP team responsible for evaluating the child and determining whether the child has a disability determines that the child no longer has a disability in accordance with Ed 1107.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.14  The Length of the School Year.

 

          (a)  The length of the school year for preschool children with disabilities shall be determined by the IEP team and included in the IEP or IFSP as required by Ed 1109.01(a).

 

          (b)  The LEA shall provide a standard school year for children ages 6 – 21 as required by RSA 186-C:15, I, RSA 189:1 and RSA 189:24 and Ed 306.18-Ed 306.21.

 

          (c)  Children with disabilities ages 3 to 21 in need of extended school year services shall receive extended school year services in accordance with Ed 1110.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1113.15  The Length of the School Day.

 

          (a)  The length of the school day for preschool children with disabilities shall be determined by the IEP team and shall be included in the IEP or IFSP as required by Ed 1109.01(a).

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

PART Ed 1114  STANDARDS FOR APPROVAL OF PRIVATE PROVIDERS OF SPECIAL EDUCATION AND NON-LEA PROGRAMS

 

          Ed 1114.01  Applicability.  Ed 1114 shall apply to private providers of special education and other non-LEA operated programs, including state-operated programs.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1114.02  Definition.  As used in Ed 1114, “governing body” means the individual or group of individuals legally responsible for the policies, operations, and activities of a private provider of special education or other non-LEA program.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

          Ed 1114.03  Governance.

 

          (a)  A private provider of special education or other non-LEA program shall be responsible for providing students with disabilities all services detailed in their IEPs unless the provision of those services has been agreed upon by contract with the sending LEA.

 

          (b)  A private provider of special education or other non-LEA program shall have a clearly identifiable governing body which shall be responsible for ensuring the program’s compliance with the program charter, constitution, or other organization document or agreement and with the terms of all leases, contracts, or legal agreements to which the program is a party.

 

          (c)  The governing body shall ensure that the program is in compliance with all federal, state, and local laws concerning the education of children with disabilities including the IDEA and RSA 186-C.

 

          (d)  The governing body shall appoint a person to act as chief administrator with authority to manage the affairs of the program.

 

          (e)  The governing body shall ensure that there are sufficient funds to operate the program and that the school finances are handled according to generally accepted accounting principles.  The governing body shall review and approve the annual budget and budget audit of the program.

 

          (f)  A private provider of special education or other non-LEA program shall keep on permanent file documents clearly identifying the program’s ownership and the legal basis for the program’s operation.

 

          (g)  A private provider of special education or other non-LEA program shall keep on permanent file a current list of the names and addresses of all members of the program’s board of directors.  The list shall identify the officers of the board and the terms of office of such officers.

 

          (h)  A private provider of special education or other non-LEA program shall have written minutes of all meetings of the governing body.

 

          (i)  A private provider of special education or other non-LEA program shall file with the department documents which fully identify its ownership.  A corporation, partnership, or association shall file its charter, partnership agreement, constitution, articles of association, or by-laws.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1114.04  Administration.

 

          (a)  Each private provider of special education or other non-LEA program shall demonstrate fiscal accountability through regular recording of its finances and an annual external audit consistent with the requirements detailed in Ed 1129. The audit shall be available to the department upon request. The audit standards detailed in Ed 1129 shall apply to both non-profit and for profit programs.

 

          (b)  Each private provider of special education or other non-LEA program shall have written policies which comply with the provisions of the IDEA and RSA 186-C.

 

          (c)  Each private provider of special education or other non-LEA program shall have written policies and procedures for the protection of confidential information, in accordance with Ed 1119 including:

 

(1)  The release of information to other persons and agencies; and

 

(2)  Written procedures and schedules for destruction of outdated files and records.

 

          (d)  Each private provider of special education or other non-LEA program shall maintain the confidentiality of records in compliance with 34 CFR 300.623.

 

          (e)  Each private provider of special education or other non-LEA program shall have a written statement specifying its philosophy, purposes, and program orientation and describing both short and long-term aims.  The statement shall identify the types of services provided and the characteristics of the children to be served by the program.  The statement of purpose shall be available to the public on request.

 

          (f)  A private provider of special education or other non-LEA program shall maintain on permanent file a written description of the admission process, including a description of all admissions criteria and identification of the disabilities of the children served by the program.

 

          (g)  A private provider of special education or other non-LEA program shall maintain on permanent file a written plan for professional development of all staff involved in providing direct services to students, in accordance with Ed 500 certification standards for educational personnel in New Hampshire.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1114.05  Program Requirements.

 

          (a)  Each private provider of special education or other non-LEA program shall have a written description of admissions policies and criteria which it shall provide to all placing agencies and shall make available to the parent of any child referred for placement.

 

          (b)  The written admission policies and criteria required in Ed 1114.05(a) shall include:

 

(1)  Policies and procedures related to intake;

 

(2)  The age and sex of children in care;

 

(3)  The needs, problems, situations, or patterns best addressed by the program;

 

(4)  Any other criteria for admission;

 

(5)  Criteria for discharge;

 

(6)  Any preplacement requirements for the child, the parent, and the placing agency; and

 

(7)  Accessibility to educational materials.

 

          (c)  Prior to enrollment, the sending LEA shall send a copy of the child’s IEP that meets all the requirements of Ed 1109 to each private provider of special education or other non-LEA program.

 

          (d)  A private provider of special education shall cooperate with the LEA by making staff available to participate in IEP meetings at mutually agreeable times and places.

 

          (e)  The private provider of special education or other non-LEA program shall not unilaterally modify a child’s IEP.

 

          (f)  The private provider of special education or other non-LEA program shall not accept any students with disabilities for which the program is not approved.

 

          (g)  In each private provider of special education or other non-LEA program, all children with disabilities shall have access to equal educational opportunities within their programs and access to and ability to progress in the general curriculum as required under 34 CFR 300.320.

 

          (h)  A private provider of special education or other non-LEA program shall have an established system of routine communication among all staff members of the program who provide direct services to a child, including both instructional and residential services.  All staff members involved in providing direct services to a child with a disability shall participate in the process of planning for that child and shall know the contents of that child’s IEP and all other reports and evaluations, as appropriate to their role and responsibilities.

 

          (i)  A private provider of special education or other non-LEA program shall identify and utilize available resources, both on campus and in the community, which provide opportunities for experiences in the least restrictive environment.

 

          (j)  All administrative, instructional, and related service staff shall hold appropriate certification or licensure for the position in which they function as required by the state of New Hampshire, and other licensing entities.  The determination of credentials required shall be made by the department. 

 

          (k)  Students enrolled in private providers of special education shall participate in the statewide education improvement and assessment program as provided in RSA 193-C and as required by 34 CFR 300.157 and 300.320.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1114.06  Responsibilities of Private Providers of Special Education or Other Non-LEA Programs in the Implementation of IEPs.

 

          (a)  Each private provider of special education or other non-LEA program shall, in all matters concerning possible changes and/or modifications in the identification, evaluation, development and/or revision of an IEP, or changes in placement of a child with a disability, contact the sending school district for the purpose of initiating the process for changing any of the above in compliance with Ed 1109.05.

 

          (b)  The private provider of special education or other non-LEA program shall provide all facilities, equipment, and materials necessary for the implementation of any IEP or portion thereof which the program has agreed to implement.  The private provider of special education or other non-LEA program shall implement all components of each child’s IEP in the amount and for the duration so specified.

 

          (c)  Each private facility or other non-district program shall provide all transportation required for the implementation of any IEP, or portion of any IEP, which the program has agreed to implement.

 

          (d)  The private facility or other non-district program shall provide transportation in accordance with Ed. 1109.02.

 

          (e)  All vehicles providing transportation for students shall be insured as provided in Ed 1114.19(c)(2) and 1129.08 (ak).

 

          (f)  Daily lesson plans shall be clear, concise, and reflective of the IEP goals for each child.  They shall reflect any staff input and related reports and evaluations provided by the agencies responsible for the student’s education and welfare.

 

          (g)  A mid-year review and annual evaluation of each child’s progress relative to the written IEP shall be conducted by the sending LEA and the private provider of special education or other non-LEA program.

 

          (h)  If a private provider of special education or other non-LEA program determines that any child with a disability placed at the facility or program is not making progress toward meeting his or her IEP goals at the rate anticipated, the facility or program shall immediately contact the LEA for the purpose of reviewing the IEP and considering modifications.

 

          (i)  Each private provider of special education or other non-LEA program shall complete a minimum of 3 comprehensive reports per year on each child with a disability enrolled in the program. 

 

          (j)  The reports required in Ed 1114.06 (i) shall:

 

(1)  Describe the child’s progress toward meeting the IEP goals;

 

(2)  Include a record of attendance;

 

(3)  Be written in terminology understandable to the parent; and

 

(4)  Be provided to the sending LEA and the parent of the child.

 

          (k)  Reports provided to parents shall be in the native language or other mode of communication used by the parent.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #12141, eff 3-24-17

 

          Ed 1114.07  Behavioral Interventions.

 

          (a)  Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students.

 

          (b)  Each private facility or other non-district program shall have a written statement of the policies and procedures followed by the program in managing student behavior.  This statement shall be provided to the sending LEA and the parent at the time each child with a disability becomes enrolled in the program, at the time of the annual review of the child's educational progress, and any time the facility or non-district program's policies and procedures for managing behavior are revised.

 

          (c)  A private facility or other non-district program shall not employ any measure which is aversive  in nature or which subjects a child with a disability enrolled in that program to humiliation or unsupervised confinement or to abuse or neglect as defined in RSA 169-C, the Child Protection Act, or which deprives the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child's mental, emotional, or physical health consistent with Ed. 1114.07.

 

          (d) Each private facility or other non-district program shall train staff in child management techniques. The program shall administer discipline equitably and with respect and courtesy towards the child.

 

          (e)  Each private facility or other non-district program shall have a written procedure based on state and federal law concerning the reporting of suspected instances of child abuse.

 

          (f)  An LEA, or other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive and deprivation behavioral interventions:

 

(1)  Any procedure intended to cause physical pain;

 

(2)  Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;

 

(3)  Any non-medical mechanical restraint that physically restricts a student’s movement;

 

(4)  Contingent food or drink programs;

 

(5)  Electrical stimulation;

 

(6)  Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and

 

(7)  Physical restraint, unless in response to a threat of imminent, serious, physical harm, pursuant to RSA 126-U.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by#10590, eff 5-15-14; ss by #12141, eff 3-24-17

 

          Ed 1114.08  Emergency Intervention Procedures.  All crisis or emergency intervention procedures shall be included in the student’s IEP and shall comply with Ed 1114.07 and RSA 126-U:5.

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; ss by #10590, eff 5-15-14; ss by #12141, eff 3-24-17

 

          Ed 1114.09  RESERVED

 

Source.  (see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; rpld by #10590, eff 5-15-14

 

          Ed 1114.10  Qualifications and Requirements for Instructional, Administrative, and Support Personnel.

 

          (a)  All administrative, instructional, and related service staff shall hold appropriate certification for the position in which they function as required by the state of New Hampshire or other licensing entity.  Evidence of such qualification shall be on record with the program.

 

          (b)  Each private provider of special education or other non-LEA program shall maintain records demonstrating that each of the employees of that program meets the health requirements for public school employees in the state of New Hampshire in accordance with RSA 200:36.

 

          (c)  Each private provider of special education or other non-LEA program shall have written procedures for supervising and evaluating the performance of all staff members.

 

          (d)  Each private provider of special education or other non-LEA program shall have a written plan for in-service and pre-service training of staff, in accordance with Ed 500 certification standards for educational personnel in New Hampshire.