186-C:1 Policy and Purpose. – It is hereby declared to be the policy of the state that: I. All children in New Hampshire be provided with equal educational opportunities. It is the purpose of this chapter to ensure that all children with disabilities have available to them a free appropriate public education in the […]
186-C:10 Responsibility of School District. – A school district shall establish an approved program or programs for children with disabilities, or shall enter into cooperative agreements with other districts to provide approved programs for children with disabilities, or shall pay tuition to such an approved program maintained by another school district or by a […]
186-C:10-a Retention of Individualized Education Programs. – I. Upon a student’s graduation from high school, his or her parents may request the local education agency in writing to have the student’s records and final individualized education program destroyed at that time or request that the records be retained until the student’s twenty-sixth birthday. The […]
186-C:11 Repealed by 2008, 302:33, II, eff. Jan. 1, 2009. –
186-C:12 Federal Assistance. – The state board of education is authorized to cooperate with the federal government or any agency of the federal government in the development of any plan for the education of children with disabilities and to receive and expend, in accordance with such plan, all funds made available to the state […]
186-C:13 Liability for Expenses. – I. All expenses incurred by a school district in administering the law in relation to education for children with disabilities in need of special education and related services shall be paid by the school district where the child resides, except as follows: (a) When a child with a disability […]
186-C:14 Surrogate Parents. – I. Purpose. The purpose of this section is to protect the educational rights of eligible children with disabilities. II. Definitions. The following words as used in this section shall be construed as follows: (a) " Surrogate parent " shall mean a person appointed to act as a child’s advocate in […]
186-C:14-a Foster Parent Representation of Foster Children With Disabilities. – I. A foster parent or parents may be appointed by the commissioner of the department of education that he or she has the knowledge and skills to represent the child adequately in services or designee, or by the director of a child placing agency […]
186-C:15 Length of School Year. – I. The length of the school year and school day for a child with a disability shall be the same as that provided by the local school district for a child without a disability of the same age or grade, except that the local school district shall provide […]
186-C:16 Rulemaking. – The state board of education shall adopt rules, pursuant to RSA 541-A, and consistent with the provision of a free appropriate public education, relative to: I. Developing individualized education programs; II. Approving and monitoring special education programs; III. Reporting the number of children with disabilities in a school district; IV. Requesting […]
186-C:16-a Special Education Hearing Officers. – Hearing officers appointed by the department of education to hear special education impartial due process appeals shall have the authority to compel the attendance of witnesses in accordance with RSA 516:1 including issuing subpoenas for parents who are representing themselves. Any costs incurred in issuing a subpoena shall […]
186-C:16-b Due Process Hearing; Appeal. – I. Any action against a local school district seeking to enforce special education rights under state or federal law shall be commenced by requesting an administrative due process hearing from the department of education within 2 years of the date on which the alleged violation was or reasonably […]
186-C:16-c Rules Exceeding State or Federal Minimum Requirements. – I. Whenever the state board of education proposes to adopt or amend any special education rule which exceeds the minimum requirements of state or federal law, the state board shall, in addition to the provisions of RSA 541-A, issue a report of all such proposed […]
186-C:17 Limitation of Provisions. – Nothing in this chapter shall be construed as authorizing any public official, agent, or representative, in carrying out any of the provisions of this chapter to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco […]
186-C:18 State Aid. – I. [Repealed.] II. [Repealed.] III. (a) The state board of education through the commissioner, department of education, shall distribute aid available under this paragraph as entitlement to such school districts as have a special education pupil for whose costs they are responsible, for whom the costs of special education in […]
186-C:19 Children With Disabilities in Certain State Facilities. – I. For a child with a disability in a state facility, the school district responsible for selecting and funding the child’s special education or special education and related services shall be as follows: (a) If such child is in the legal custody of the parent, […]
186-C:19-a Children with Disabilities at the Youth Development Center, County Correctional Facilities and the Youth Services Center. – I. For a child with a disability at the youth development center or county correctional facilities, or who is placed at the youth services center maintained by the department of health and human services while awaiting […]
186-C:19-b Liability for Children With Disabilities in Certain Court Ordered Placements. – I. (a) As used in this section "children in placement for which the department of health and human services has financial responsibility" means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, […]
186-C:2 Definitions. – In this chapter: I. " Child with a disability " means any person between the ages of 3 and 21, inclusive, who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a hearing impairment […]
186-C:20 Special Education Program of the Youth Services Center. – Notwithstanding the provisions of any other law to the contrary, the expenses for a child with a disability receiving services at the special education program at the youth services center maintained by the department of health and human services shall be the responsibility of […]
