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5-16-84 (superseded rule in #2667(e))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.