Table of Content Standards For the Education Of Students With Disabilities

PART Ed 1101 PURPOSE AND SCOPE

Section Ed 1101.01 Purpose

Section Ed 1101.02 Scope

PART Ed 1102 DEFINITIONS

Section Ed 1102.01 Definitions A-C

Section Ed 1102.02 Definitions D-G

Section Ed 1102.03 Definitions H-M

Section Ed 1102.04 Definitions N-R

Section Ed 1102.05 Definitions S-Z

PART Ed 1103 PARTICIPANTS IN THE SPECIAL EDUCATION PROCESS

Section Ed 1103.01 IEP Team

Section Ed 1103.02 Parent Participation

PART Ed 1104 – SPECIAL EDUCATION PROCESS SEQUENCE

Section Ed 1104.01 Sequence of Special Education Process

PART Ed 1105 CHILD FIND

Section Ed 1105.01 Responsibilities of the Local Education Agency

Section Ed 1105.02 LEA Child Find Program

Section Ed 1105.03 Child Find for Children Placed in Homes for Children, Health Care Facilities, or State Institutions

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

PART Ed 1106 REFERRAL AND DISPOSITION OF REFERRAL

Section Ed 1106.01 Process; Provision of FAPE

PART Ed 1107 EVALUATION

Section Ed 1107.01 Evaluation

Section Ed 1107.02 Evaluation Requirements for Children with Specific Learning Disabilities

Section Ed 1107.03 Independent Educational Evaluations

Section Ed 1107.04 Qualified Examiners

Section Ed 1107.05 Evaluation Report

PART Ed 1108 DETERMINATION OF ELIGIBILITY FOR SPECIAL EDUCATION

Section Ed 1108.01 Determination of Eligibility for Special Education

PART Ed 1109 THE INDIVIDUALIZED EDUCATION PROGRAM

Section Ed 1109.01 Elements of an Individualized Education Program

Section Ed 1109.02 Transportation

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

Section Ed 1109.04 Copies of the IEP and Evidence of Implementation

Section Ed 1109.05 IEPs for Children Placed in Private Providers of Special Education or other non-LEA Programs by Public Agencies

Section Ed 1109.06 Monitoring and Annual Review of IEPs

PART Ed 1110 EXTENDED SCHOOL YEAR SERVICES

Section Ed 1110.01 Extended School Year Services

PART Ed 1111 PLACEMENT OF CHILDREN WITH DISABILITIES

Section Ed 1111.01 Placement in the Least Restrictive Environment

Section Ed 1111.02 Placement Decisions

Section Ed 1111.03 Continuum of Alternative Placements

Section Ed 1111.04 Children with Disabilities in Private Providers of Special Education and other non-Lea Programs Placed or Referred by Public Agencies

Section Ed 1111.05 Home Instruction for School-Aged Children

PART Ed 1112 PARENTALLY PLACED CHILDREN WITH DISABILITIES

Section Ed 1112.01 Parentally Placed Children with Disabilities When FAPE Is Not At Issue

Section Ed 1112.02 Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue

Section Ed 1112.03 Children with Disabilities Receiving Home Education

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

Section Ed 1113.01 Applicability

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

Section Ed 1113.03 Establishment of Education Programs for Children with Disabilities

Section Ed 1113.04 Behavioral Interventions

Section Ed 1113.05 Emergency Intervention Procedures

Section Ed 1113.06 Use of Aversive Behavioral Interventions

Section Ed 1113.07 Prohibition on Mandatory Medication

Section Ed 1113.08 Curricula

Section Ed 1113.09 Equipment, Materials and Assistive Technology

Section Ed 1113.10 Class Size and Age Range

Section Ed 1113.11 Facilities and Location

Section Ed 1113.12 Personnel Standards

Section Ed 1113.13 Diplomas

Section Ed 1113.14 The Length of the School Year

Section Ed 1113.15 The Length of the School Day

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

Section Ed 1114.01 Applicability

Section Ed 1114.02 Definition

Section Ed 1114.03 Governance

Section Ed 1114.04 Administration

Section Ed 1114.05 Program Requirements

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

Section Ed 1114.07 Behavioral Interventions

Section Ed 1114.08 Emergency Intervention Procedures

Section Ed 1114.09 Use of Aversive Behavioral Interventions

Section Ed 1114.10 Qualifications and Requirements for Instructions, Administrative, and Support Personnel

Section Ed 1114.11 Employee and Volunteer Background Investigations

Section Ed 1114.12 Change in Placement or Termination of the Enrollment of a Child With a Disability

Section Ed 1114.13 Parent Access to Education Records

Section Ed 1114.14 Class Size

Section Ed 1114.15 Calendar Requirements

Section Ed 1114.16 Physical Facilities

Section Ed 1114.17 Child Care

Section Ed 1114.18 Health and Medical Care

Section Ed 1114.19 Insurance Coverage

Section Ed 1114.20 Photography and Audio or Audio-Visual Recording

Section Ed 1114.21 Emergency Planning and Preparedness

PART Ed 1115 SURROGATE PARENTS

Section Ed 1115.01 Commissioner’s Responsibility; Basis for Appointment of Surrogate by Commissioner

Section Ed 1115.02 Initiating a Request for Appointment of a Surrogate Parent

Section Ed 1115.03 Investigation and Determination of the Need for a Surrogate Parent

Section Ed 1115.04 Requesting Appointment of a Surrogate Parent

Section Ed 1115.05 Appointment

Section Ed 1115.06 Selection of Surrogate Parents

Section Ed 1115.07 Training of Surrogate Parents

Section Ed 1115.08 Responsibilities of Surrogate Parents

Section Ed 1115.09 Surrogate Parents for Children Placed in Homes for Children, Health Care Facilities, or State Institutions

PART Ed 1116 ALTERNATIVE METHODS FOR THE APPOINTMENT OF SURROGATE PARENTS

Section Ed 1116.01 Applicability

Section Ed 1116.02 Assignment of a Surrogate Parent for an Unaccompanied Child who is or may be a Child with a Disability

Section Ed 1116.03 Appointment of a Surrogate Parent by Court Order for a Child who is or may be a Child with a Disability

Section Ed 1116.04 Appointment of Foster Parents as Surrogate Parents Pursuant to RSA 186-C:14-a

PART Ed 1117 EDUCATION OF CHILDREN PLACED IN HOMES FOR CHILDREN, HEALTH CARE FACILITIES, OR STATE INSTITUTIONS

Section Ed 1117.01 Purpose and Scope

Section Ed 1117.02 Definitions

Section Ed 1117.03 Record Excluded from the Definition of Educational Records

Section Ed 1117.04 Preplacement and Placement Review Procedures for Children Previously Determined Have Disabilities

Section Ed 1117.05 Emergency Placement Review Procedures for Children Previously Determined to have Disabilities

Section Ed 1117.06 Preplacement and Placement Review Procedures for Children Not Previously Determined to Have Disabilities

Section Ed 1117.07 Placement Review Procedures for Emergency DCYF or DJJS Placements of Children Not Previously Determined to have Disabilities

Section Ed 1117.08 Determination of Liable School District

Section Ed 1117.09 Dispute Resolution Procedures

Section Ed 1117.10 Student Files Maintained

PART Ed 1118 INCARCERATED CHILDREN WITH DISABILITIES

Section 1118.01 Definitions

Section 1118.02 Eligible Offenders with Disabilities Incarcerated in State Correctional Facilities

Section 1118.03 Incarcerated Children Under the Age of 18

Section 1118.04 Children with Disabilities Incarcerated in County Correctional Facilities

PART Ed 1119 CONFIDENTIALITY OF INFORMATION

Section Ed 1119.01 Definitions

Section Ed 1119.02 Confidentiality Requirements

Section Ed 1119.03 Children’s Rights

Section Ed 1119.04 Disciplinary Information

Section Ed 1119.05 Prior Consent for Disclosure Required

Section Ed 1119.06 Prior Consent for Disclosure Not Required in Certain Situations

PART Ed 1120 PROCEDURAL SAFEGUARDS

Section Ed 1120.01 Applicability; Transfer of Rights

Section Ed 1120.02 Rights and Responsibilities

Section Ed 1120.03 Written Prior Notice

Section Ed 1120.04 Parental Consent

Section Ed 1120.05 Parental Refusal of Consent; Initiation of Due Process Hearing by LEA

Section Ed 1120.06 Parental Failure to Respond; Implementation of Changes by LEA

Section Ed 1120.07 Independent Educational Evaluations

Section Ed 1120.08 Public and Private Insurance

PART Ed 1121 COMPLAINT PROCEDURES

Section Ed 1121.01 Filing a Complaint

Section Ed 1121.02 Investigation of Complaints and Complaint Procedures

Section Ed 1121.03 Resolution of Complaints

Section Ed 1121.04 Reconsideration and Appeals

PART Ed 1122 ALTERNATIVE DISPUTE RESOLUTION

Section Ed 1122.01 Availability of Alternative Dispute Resolution

Section Ed 1122.02 Forms of Alternative Dispute Resolution

Section Ed 1122.03 Alternative Dispute Resolution Results

Section Ed 1122.04 Appointment of a Hearing Officer

PART Ed 1123 ADMINISTRATIVE DUE PROCESS HEARING PROCEDURE

Section Ed 1123.01 Conducting Administrative Due Process Hearings

Section Ed 1123.02 Sequence of an Administrative Due Process Hearing

Section Ed 1123.03 Filing a Due Process Hearing Complaint

Section Ed 1123.04 Initiation of Administrative Due Process Hearings by Parents or by LEA

Section Ed 1123.05 Required Notice for Filing Administrative Due Process Hearing Complaint

Section Ed 1123.06 Commencement of Hearing Process

Section Ed 1123.07 Scheduling of Alternative Dispute Resolution, Prehearing Conference, and Due Process Hearing

Section Ed 1123.08 Resolution Process

Section Ed 1123.09 Time of Hearing

Section Ed 1123.10 Parental Withdrawal of Due Process Hearing Complaint

Section Ed 1123.11 Local Education Agency Responsibilities when an Administrative Due Process Hearing Complaint is Filed

Section Ed 1123.12 Department Administrative Due Process Hearing Responsibilities

Section Ed 1123.13 Voluntary Production of Information

Section Ed 1123.14 Motion to Compel Production of Information

Section Ed 1123.15 Prehearing Procedures

Section Ed 1123.16 Notification Concerning Agreement

Section Ed 1123.17 Hearing Procedures

Section Ed 1123.18 Hearing Officer Decision

Section Ed 1123.19 Extension of 45-Day Period

Section Ed 1123.20 Appeal of Decision of Hearing Officer

Section Ed 1123.21 Copies of Decisions to be Available

Section Ed 1123.22 Posthearing Matters

Section Ed 1123.23 Child’s Status During Proceedings

Section Ed 1123.24 Hearing Officers

Section Ed 1123.25 Expedited Due Process Hearings

PART Ed 1124 DISCIPLINARY PROCEDURES FOR CHILDREN WITH DISABILITIES

Section Ed 1124.01 Disciplinary Procedures

Section Ed 1124.02 Services for Children with Disabilities Removed from Current Placement

PART Ed 1125 STATE DEPARTMENT OF EDUCATION ENFORCEMENT

Section Ed 1125.01 Department of Enforcement of These Regulations

Section Ed 1125.02 Enforcement Procedures

Section Ed 1125.03 Opportunity for a Hearing

Section Ed 1125.04 Financial Audits

PART Ed 1126 STATE DEPARTMENT OF EDUCATION MONITORING OF EDUCATIONAL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES

Section Ed 1126.01 Local Education Agency Request for Special Education Funds

Section Ed 1126.02 Criteria for Approval of Public and Non-Public Programs

Section Ed 1126.03 Program Approval of Public and Non-Public Programs

Section Ed 1126.04 Waiver Process for Placements in Approved In-State Programs

Section Ed 1126.05 Placements in In-State Programs Not Currently Approved to Provide Special Education and Related Services

Section Ed 1126.06 Out-Of-State Placements

Section Ed 1126.07 New Hampshire Special Education Information System (NHSEIS)

PART Ed 1127 CHILDREN WITH DISABILITIES IN PLACEMENT FOR WHICH DCYF HAS FINANCIAL RESPONSIBILITY

Section Ed 1127.01 Definitions

Section Ed 1127.02 Application and Criteria for Financial Assistance

Section Ed 1127.03 Limitations and Financial Liability

Section Ed 1127.04 Criteria for State Payments

PART Ed 1128 SPECIAL EDUCATION CATASTROPHIC AID

Section Ed 1128.01 Definitions

Section Ed 1128.02 Reimbursement

Section Ed 1128.03 Limitations on Reimbursement

Section Ed 1128.04 Application for Catastrophic Aid

Section Ed 1128.05 Calculation of Cost of Special Education

Section Ed 1128.06 Emergency Assistance

Section Ed 1128.07 Proration

Section Ed 1128.08 State Aid For In-District Programs

PART Ed 1129 RATE SETTING

Section Ed 1129.01 Definitions

Section Ed 1129.02 Rate Setting Budget Proposal

Section Ed 1129.03 Form 1129A: Cover Sheet

Section Ed 1129.04 Form 1129B: Personnel

Section Ed 1129.05 Form 1129C: Assets and Depreciation

Section Ed 1129.06 Form 1129D: Program Data

Section Ed 1129.07 Form 1129E: Revenues

Section Ed 1129.08 Form 1129F: Expenses by Line Item

Section Ed 1129.09 General Rate Setting Information

Section Ed 1129.10 Allowable Costs

Section Ed 1129.11 Non-Allowable Costs

Section Ed 1129.12 Reasonable Costs

Section Ed 1129.13 Direct Costs

Section Ed 1129.14 Indirect Costs

Section Ed 1129.15 Basis of Accounting

Section Ed 1129.16 Method of Allocation

Section Ed 1129.17 Form 1129.11: Rate Computations for Instruction, Room and Board, Occupational Therapy, Physical Therapy, Speech Therapy and Counseling

Section Ed 1129.18 Audit Requirements

Section Ed 1129.19 Rate Notification

Section Ed 1129.20 Hearing Mechanism for Special Education Rates

Section Ed 1129.21 The Joint Rate Setting Process

Section Ed 1129.22 Joint Rate Notification

Section Ed 1129.23 Hearing Mechanism for Jointly Set Special Education Rates