LRE Least Restrictive Environment

User Generated

xxnynss

Writing

Description

Required Reading:

1- Yell (The law and special education): chapters 11 & 13

2- NH Special Ed Rules for the Education of Children with Disabilities: Parts Ed 1112-1114.22, Ed 1117-1118.04, and Ed 1124. The file is attached.

After completing the readings, reflect on:

  • What challenges does LRE pose for schools?
  • How might schools (legally) address those challenges?
  • What surprised you about LRE?

Unformatted Attachment Preview

This Guide to the NH Standards for the Education of Children with Disabilities includes the text of Chapter Ed 1100, Standards for the Education of Children with Disabilities that were adopted by the State Board of Education on March 23, 2017 plus additional supplemental text for each reference cited in the NH Standards (formerly referred to as the NH Rules). Supplemental text is included in a textbox following each reference). This Guide is not an official document; it is offered as a resource for parents, educators and others through a partnership between the NH Department of Education, Bureau of Special Education and the Parent Information Center. Guide Developed by the: Parent Information Center on Special Education Ed 1101 Purpose and Scope NH Standards for the Education of Children with Disabilities March 23, 2017 NOTE TO THE READER The NH Standards for the Education of Children with Disabilities were readopted with amendments on March 23, 2017, and went into effect on March 24, 2017. This Guide to the NH Standards for the Education of Children with Disabilities is provided as a resource to assist families and educators better understand and use NH Chapter Ed 1100, Standards for the Education of Children with Disabilities. As such, it has been formatted to make it user-friendly. It is not, nor is it intended to be, an exact copy of the official legislative document, Chapter Ed 1100. Please note that the supplemental text consists primarily of cited sections of Federal or State statutes, regulations or rules, and is up-to-date as of August 15, 2017. Guide Developed by the: Parent Information Center on Special Education, a project of the Parent Information Center 54 Old Suncook Road Concord, NH 03301 Telephone: 603-224-7005 / 800-232-0986 (in NH) website: www.nhspecialed.org Contact: Bonnie Dunham at bdunham@picnh.org TABLE OF CONTENTS Part Ed 1101 Standards for the Education of Children with Disabilities Page 1 Part Ed 1101.01 Purpose Page 1 Part Ed 1101.02 Scope Page 1 Part Ed 1102 Definitions Page 2 Part Ed 1102.01 Definitions A-C Page 2 Part Ed 1102.02 Definitions D-G Page 10 Part Ed 1102.03 Definitions H-M Page 14 Part Ed 1102.04 Definitions N-R Page 36 Part Ed 1102.05 Definitions S-Z Page 44 Part Ed 1103 Participants in the Special Education Process Page 52 Part Ed 1103.01 IEP Team Page 52 Part Ed 1103.02 Parent Participation Page 53 Part Ed 1104 Special Education Process Sequence Page 57 Part Ed 1104.01 Sequence of Special Education Process Page 57 Part Ed 1105 Child Find Page 58 Part Ed 1105.01 Responsibilities of the Local Education Agency Page 58 Part Ed 1105.02 LEA Child Find Program Page 58 Part Ed 1105.03 Child Find For Children Placed in Homes For Children, Health Care Facilities, or State Institutions Page 60 Child Find for Children Currently Receiving Family Centered Early Supports & Services Page 60 Part Ed 1106 Referral And Disposition of Referral Page 62 Part Ed 1106.01 Process; Provision of FAPE Page 62 Part Ed 1107 Evaluation Page 66 Part Ed 1107.01 Evaluation Page 66 Part Ed 1107.02 Evaluation Requirement for Children with Specific Learning Disabilities Page 77 Part Ed 1107.03 Independent Educational Evaluations Page 77 Part Ed 1107.04 Qualified Examiners Page 78 Table 1100.1 Part Ed 1107.05 Required Assessments and Qualified Examiners by Type of Disability Evaluation Report Page 79 Page 85 Part Ed 1108 Determination of Eligibility for Special Education Page 86 Part Ed 1108.01 Determination of Eligibility for Special Education Page 86 Part Ed 1105.04 TABLE OF CONTENTS (continued) Part Ed 1109 The Individualized Education Program Page 87 Part Ed 1109.01 Elements of the Individualized Education Program Page 87 Part Ed 1109.02 Transportation Page 89 Part Ed 1109.03 When an IEP is in Effect; IEP Meetings; Development, Review, and Revision of an IEP; Transition Services Page 90 Part Ed 1109.04 Copies of the IEP and Evidence of Implementation Page 94 Part Ed 1109.05 IEPs for Children Placed in Private Providers of Special Education or other non-LEA Programs by Public Agencies Page 95 Part Ed 1109.06 Monitoring and Annual Review of IEPs Page 96 Part Ed 1110 Extended School Year Services Page 97 Part Ed 1110.01 Extended School Year Services Page 97 Part Ed 1111 Placement Of Children with Disabilities Page 98 Part Ed 1111.01 Part Ed 1111.02 Placement in the Least Restrictive Environment Continuum of Alternative Placements Page 98 Page 98 Part Ed 1111.03 Placement Decisions Page 99 Table 1100.2 Continuum of Alternative Educational Environments – Ages 3-5 Page 100 Table 1100.2 Part Ed 1111.04 Continuum of Alternative Learning Environments – Ages 621 Home Instruction for School-Aged Children with Disabilities Page 100 Page 101 Part Ed 1112 Parentally-Placed Children with Disabilities Page 103 Part Ed 1112.01 Parentally-Placed Children with Disabilities when FAPE Is Not At Issue Children with Disabilities Enrolled by their Parents in Private Schools when FAPE is At issue Children with Disabilities Receiving Home Education Part Ed 1112.02 Part Ed 1112.03 Page 103 Page 109 Page 110 Part Ed 1113 Requirements for the Development and Operation of Programs for Children with Disabilities Administered By Local Education Agencies Page 111 Part Ed 1113.01 Applicability Page 111 Part Ed 1113.02 Part Ed 1113.03 Required IEP Compliance; Programming in Appropriate Learning Environments Establishment of Education Programs for Children with Disabilities Page 111 Page 113 Part Ed 1113.04 Part Ed 1113.05 Behavioral Interventions Emergency Intervention Procedures Page 114 Page 114 Part Ed 1113.06 Reserved Page 114 Part Ed 1113.07 Prohibition on Mandatory Medication Page 115 Part Ed 1113.08 Part Ed 1113.09 Curricula Equipment, Materials and Assistive Technology Page 115 Page 116 TABLE OF CONTENTS (continued) Part Ed 1113 Requirements for the Development and Operation of Programs for Children with Disabilities Administered By Local Education Agencies (continued) Part Ed 1113.10 Class Size and Age Range Page 116 Part Ed 1113.11 Facilities and Location Page 119 Part Ed 1113.12 Personnel Standards Page 120 Part Ed 1113.13 Diplomas Page 121 Part Ed 1113.14 The Length of the School Year Page 121 Part Ed 1113.15 The Length of the School Day Page 125 Part Ed 1114 Standards For Approval of Private Providers of Special Education and Non-Lea Programs Page 126 Part Ed 1114.01 Applicability Page 126 Part Ed 1114.02 Part Ed 1114.03 Definition Governance Page 126 Page 126 Part Ed 1114.04 Administration Page 126 Part Ed 1114.05 Program Requirements Page 127 Part Ed 1114.06 Responsibilities of Private Providers of Special Education or Other Non-LEA Programs in the Implementation of IEPs Page 129 Part Ed 1114.07 Part Ed 1114.08 Behavioral Interventions Emergency Intervention Procedures Page 130 Page 131 Part Ed 1114.09 Reserved Page 131 Part Ed 1114.10 Qualifications and Requirements for Instructional, Administrative, and Support Personnel Employee and Volunteer Background Investigations Page 131 Page 132 Part Ed 1114.13 Change in Placement or Termination of the Enrollment of a Child with a Disability Parent Access to Education Records Page 135 Page 135 Part Ed 1114.14 Part Ed 1114.15 Class Size Calendar Requirements Page 136 Page 136 Part Ed 1114.16 Physical Facilities Page 136 Part Ed 1114.17 Child Care Page 138 Part Ed 1114.18 Health and Medical Care Page 138 Part Ed 1114.19 Insurance Coverage Page 139 Part Ed 1114.20 Photography and Audio or Audio-Visual Recording Page 139 Part Ed 1114.21 Emergency Planning and Preparedness Page 139 Part Ed 1114.22 Protections Afforded to Children with Disabilities Page 140 Part Ed 1114.11 Part Ed 1114.12 TABLE OF CONTENTS (continued) Part Ed 1115 Surrogate Parents Page 141 Part Ed 1115.01 Commissioner’s Responsibility; Basis for Appointment of Surrogate by Commissioner Page 141 Part Ed 1115.02 Initiating a Request for Appointment of a Surrogate Parent Page 142 Part Ed 1115.03 Part Ed 1115.04 Investigation and Determination of the Need for a Surrogate Parent Requesting Appointment of a Surrogate Parent Page 142 Page 143 Part Ed 1115.05 Part Ed 1115.06 Part Ed 1115.07 Part Ed 1115.08 Appointment Selection of Surrogate Parents Training of Surrogate Parents Responsibilities of Surrogate Parents Page 144 Page 146 Page 148 Page 149 Part Ed 1116 Part Ed 1116.01 Alternative Methods For The Appointment of Surrogate Parents Applicability Page 150 Page 150 Part Ed 1116.02 Assignment of a Surrogate Parent for an Unaccompanied Child who is or may be a Child With a Disability Appointment of a Surrogate Parent by Court Order for a Child who is or may be a Child with a Disability Appointment of Foster Parents as Surrogate Parents Pursuant to RSA 186-C:14-a Part Ed 1116.03 Part Ed 1116.04 Page 150 Page 151 Page 151 Part Ed 1117 Education of Children Who May Be Subject to Court Ordered Residential Placements in Homes for Children, Health Care Facilities, or State Institutions Page 153 Part Ed 1117.01 Part Ed 1117.02 Part Ed 1117.03 Part Ed 1117.04 Purpose and Scope Definitions Review Procedures for Children Previously Determined to Have Disabilities Emergency Placement Review Procedures for Children Previously Determined to have Disabilities Review Procedures for Children Not Previously Determined to have Disabilities Page 153 Page 153 Page 155 Part Ed 1117.06 Part Ed 1117.07 Dispute Resolution Procedures Transfer of Student Records Page 158 Page 158 Part Ed 1118 Incarcerated Children with Disabilities Page 159 Part Ed 1118.01 Definitions Page 159 Part Ed 1118.02 Part Ed 1118.03 Eligible Offenders with Disabilities Incarcerated In State Correctional Facilities Incarcerated Children Under the Age of 18 Page 159 Page 159 Part Ed 1118.04 Children with Disabilities Incarcerated in County Correctional Facilities Page 159 Part Ed 1119 Confidentiality of Information Page 160 Part Ed 1119.01 Part Ed 1119.02 Definitions Disciplinary Information Page 160 Page 164 Part Ed 1117.05 Page 157 Page 157 TABLE OF CONTENTS (continued) Part Ed 1120 Procedural Safeguards Page 165 Part Ed 1120.01 Applicability; Transfer of Rights Page 165 Part Ed 1120.02 Rights and Responsibilities Page 165 Part Ed 1120.03 Written Prior Notice Page 166 Part Ed 1120.04 Parental Consent Page 168 Part Ed 1120.05 Parent Refusal of Consent; Initiation of Due Process Hearing by LEA Page 172 Part Ed 1120.06 Parental Failure to Respond; Implementation of Changes by LEA Page 173 Part Ed 1120.07 Independent Educational Evaluations Page 173 Part Ed 1120.08 Public and Private Insurance Page 174 Part Ed 1121 Complaint Procedures Page 178 Part Ed 1121.01 Filing a Complaint Page 178 Part Ed 1121.02 Investigation of Complaints and Complaint Procedures Page 179 Part Ed 1121.03 Resolution of Complaints Page 181 Part Ed 1121.04 Reconsideration and Appeals Page 182 Part Ed 1122 Alternative Dispute Resolution Page 183 Part Ed 1122.01 Part Ed 1122.02 Availability of Alternative Dispute Resolution Forms of Alternative Dispute Resolution Page 183 Page 184 Part Ed 1122.03 Alternative Dispute Resolution Results Page 186 Part Ed 1122.04 Appointment of a Hearing Officer Page 186 Part Ed 1123 Administrative Due Process Hearing Procedure Page 187 Part Ed 1123.01 Conducting Administrative Due Process Hearings Page 187 Part Ed 1123.02 Sequence of an Administrative Due Process Hearing Page 195 Part Ed 1123.03 Part Ed 1123.04 Filing a Due Process Hearing Complaint Initiation of Administrative Due Process Hearing by Parents or by LEA Page 196 Page 196 Part Ed 1123.05 Required Notice for Filing Administrative Due Process Hearing Complaint Page 197 Part Ed 1123.06 Commencement of Hearing Process Page 197 Part Ed 1123.07 Scheduling of Alternative Dispute Resolution, Prehearing Conference, and Due Process Hearing Page 197 Part Ed 1123.08 Resolution Process Page 198 Part Ed 1123.09 Time of Hearing Page 198 Part Ed 1123.10 Parental Withdrawal of Due Process Hearing Complaint Page 198 Part Ed 1123.11 Local Education Agency Responsibilities When An Administrative Due Process Hearing Complaint is Filed Page 198 Part Ed 1123.12 Department Administrative Due Process Hearing Responsibilities Page 198 Part Ed 1123.13 Voluntary Production of Information Page 199 Part Ed 1123.14 Motion to Compel Production of Information Page 199 TABLE OF CONTENTS (continued) Part Ed 1123 Administrative Due Process Hearing Procedure (continued) Part Ed 1123.15 Prehearing Procedures Page 200 Part Ed 1123.16 Notification Concerning Agreement Page 200 Part Ed 1123.17 Hearing Procedures Page 200 Part Ed 1123.18 Hearing Officer Decision Page 202 Part Ed 1123.19 Extension of 45-Day Period Page 202 Part Ed 1123.20 Appeal of Decision of Hearing Officer Page 203 Part Ed 1123.21 Copies of Decision to be Available Page 203 Part Ed 1123.22 Posthearing Matters Page 203 Part Ed 1123.23 Child’s Status During Proceedings Page 203 Part Ed 1123.24 Hearing Officers Page 204 Part Ed 1123.25 Expedited Due Process Hearings Page 205 Part Ed 1124 Disciplinary Procedures for Children with Disabilities Page 208 Part Ed 1124.01 Disciplinary Procedures Page 208 Part Ed 1124.02 Services for Children with Disabilities Removed From Current Placement Page 212 Part Ed 1125 State Department of Education Enforcement Page 213 Part Ed 1125.01 Department Enforcement of these Regulations Page 213 Part Ed 1125.02 Enforcement Procedures Page 213 Part Ed 1125.03 Opportunity for a Hearing Page 215 Part Ed 1125.04 Financial Audits Page 215 Part Ed 1126 State Department of Education Monitoring of Educational Services and Programs for Children With Disabilities Page 216 Part Ed 1126.01 Local Education Agency Request for Special Education Funds Page 216 Part Ed 1126.02 Criteria for Approval of Public and Non-Public Programs Page 222 Part Ed 1126.03 Program Approval of Public and Non-Public Programs Page 223 Part Ed 1126.04 Part Ed 1126.05 Page 225 Part Ed 1126.06 Waiver Process for Placements in Approved In-State Programs Placements in In-State Programs Not Currently Approved to Provide Special Education and Related Services Out-of-State Placements Page 226 Page 228 Part Ed 1126.07 New Hampshire Special Education Information System (NHSEIS) Page 229 Part Ed 1127 Children With Disabilities In Placements for which DCYF Has Financial Responsibility Page 231 Part Ed 1127.01 Definitions Page 231 Part Ed 1127.02 Part Ed 1127.03 Application and Criteria for Financial Assistance Limitations and Financial Liability Page 231 Page 232 Part Ed 1127.04 Criteria for State Payments Page 232 TABLE OF CONTENTS (continued) Part Ed 1128 Special Education Catastrophic Aid Page 233 Part Ed 1128.01 Definitions Page 233 Part Ed 1128.02 Reimbursement Page 234 Part Ed 1128.03 Limitations on Reimbursement Page 235 Part Ed 1128.04 Application for Catastrophic Aid Page 235 Part Ed 1128.05 Calculation of Cost of Special Education Page 236 Part Ed 1128.06 Emergency Assistance Page 236 Part Ed 1128.07 Proration Page 236 Part Ed 1128.08 State-Aid for In-District Programs Page 236 Part Ed 1129 Rate Setting Page 239 Part Ed 1129.01 Definitions Page 239 Part Ed 1129.02 Rate Setting Budget Proposal Page 240 Part Ed 1129.03 Form 1129A: Cover Sheet Page 240 Part Ed 1129.04 Form 1129B: Personnel Page 241 Part Ed 1129.05 Form 1129C: Assets and Depreciation Page 242 Part Ed 1129.06 Form 1129D: Program Data Page 243 Part Ed 1129.07 Form 1129E: Revenues Page 243 Part Ed 1129.08 Form 1129F: Expenses by Line Item Page 245 Part Ed 1129.09 General Rate Setting Information Page 257 Part Ed 1129.10 Allowable Costs Page 269 Part Ed 1129.11 Part Ed 1129.12 Non-Allowable Costs Reasonable Costs Page 269 Page 261 Part Ed 1129.13 Direct Costs Page 261 Part Ed 1129.14 Indirect Costs Page 261 Part Ed 1129.15 Part Ed 1129.16 Basis of Accounting Method of Allocation Page 262 Page 262 Part Ed 1129.17 Form 1129.11: Rate of Computations for Instruction, Room and Board, Occupational Therapy, Physical Therapy, Speech Therapy and Counseling Page 262 Part Ed 1129.18 Part Ed 1129.19 Audit Requirements Rate Notification Page 263 Page 264 Part Ed 1129.20 Hearing Mechanism for Special Education Rates Page 264 Part Ed 1129.21 The Joint Rate Setting Process Page 269 Part Ed 1129.22 Part Ed 1129.23 Joint Rate Notification Hearing Mechanism for Jointly Set Special Education Rates Page 269 Page 270 NH Standards for the Education of Children with Disabilities ►Page 1 CHAPTER Ed 1100 STANDARDS FOR THE EDUCATION OF CHILDREN WITH DISABILITIES 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. 186-C:1 Policy and Purpose [adapted from IDEA]. – 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 least restrictive environment that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. II. The rights of children with disabilities and parents of such children are protected. III. Local school districts, the department of education, and other public agencies or approved programs provide for the education of all children with disabilities. Ed 1101.02 Scope. These rules shall apply only to programs that receive public funds. Ed 1101 Purpose and Scope 01 Purpose and Scope NH Standards for the Education of Children with Disabilities ►Page 2 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. §§300.507 – 300.518 – See Ed 1123.01 (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. 34 CFR 300.704(b)(4)(x) To support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with sections 1111(b) and 1201 of the ESEA ~ ~ UPDATE: §300.704(b)(4)(x) was revised by amendment on 6/30/2017 as shown above by replacing the reference to section 6111 of the ESEA with a reference to section 1201 of the ESEA. Sections 1111(b) and 6111 (now section 1201) of the Elementary and Secondary Education Act relate to the statewide assessments and alternate assessments required under the ESEA. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 3 (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. RSA 186-C:2, II. "Approved program'' means a program of special education that has been approved by the state board of education and that is maintained by a school district, regional special education center, private organization, or state facility for the benefit of children with disabilities, and may include home instruction provided by the school district. (k) “Assistive technology device” means “assistive technology device” as defined in 34 CFR 300.5. §300.5 Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. (l) “Assistive technology service” means “assistive technology service” as defined in 34 CFR 300.6. §300.6 Assistive technology service. means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes-(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment; (b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. (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. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 4 (o) “Business day” means “business day” as defined in 34 CFR 300.11(b). §300.11(b) Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day, as in §300.148(d)(1)(ii)). (p) “Chartered public school” means “chartered public school” as defined in RSA 194-B:1, III. RSA 194-B:1, III. "Chartered public school'' means an open enrollment public school, operated independent of any school board and managed by a board of trustees. A chartered public school shall operate as a nonprofit secular organization under a charter granted by the state board and in conformance with this chapter. (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). RSA 186-C:2, I-a. "Developmentally delayed child'' means a child at least 3 years of age or older, but less than 10 years of age, who, because of impairments in development, needs special education or special education and related services, and may be identified as being developmentally delayed provided that such a child meets the criteria established by the state board of education. §300.111 Child Find. (b) Use of term developmental delay. The following provisions apply with respect to implementing the child find requirements of this section: (1) A State that adopts a definition of developmental delay under §300.8(b) determines whether the term applies to children aged three through nine, or to a subset of that age range (e.g., ages three through five). Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 5 (2) A State may not require an LEA to adopt and use the term developmental delay for any children within its jurisdiction. (3) If an LEA uses the term developmental delay for children described in §300.8(b), the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State. (4) If a State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under this part. (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. §300.8 Child with a disability. (a) General. (1) Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. (2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part. (ii) If, consistent with §300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section. (b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in §300.111(b), include a child-(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and (2) Who, by reason thereof, needs special education and related services. (c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 6 (1)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. (ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section. (iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied. (2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. (3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child’s educational performance. (4)(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance: (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (C) Inappropriate types of behavior or feelings under normal circumstances. (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems. (ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section. (5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section. (6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance. (7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 7 (8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). (9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (ii) Adversely affects a child’s educational performance. (10) Specific learning disability. (i) General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage. (11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance. (12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. (13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness. §300.102 Limitation--exception to FAPE for certain ages. (a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following: (1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children of those ages. (2)(i) Children aged 18 through 21 to the extent that State law does not require that special education and related services under Part B of the Act be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility-Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 8 (A) Were not actually identified as being a child with a disability under §300.8; and (B) Did not have an IEP under Part B of the Act. (ii) The exception in paragraph (a)(2)(i) of this section does not apply to children with disabilities, aged 18 through 21, who-(A) Had been identified as a child with a disability under §300.8 and had received services in accordance with an IEP, but who left school prior to their incarceration; or (B) Did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability under §300.8. (3)(i) Children with disabilities who have graduated from high school with a regular high school diploma. (ii) The exception in paragraph (a)(3)(i) of this section does not apply to children who have graduated from high school but have not been awarded a regular high school diploma. (iii) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with §300.503. (iv) As used in paragraphs (a)(3)(i) through (a)(3) (iii) of this section, the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. ~ ~ UPDATE: §300.102(a)(3)(iv) was revised by amendment on 6/30/2017 as shown above to incorporate the definition in section 8101(43) of the ESEA. (4) Children with disabilities who are eligible under subpart H of this part, but who receive early intervention services under Part C of the Act. (b) Documents relating to exceptions. The State must assure that the information it has provided to the Secretary regarding the exceptions in paragraph (a) of this section, as required by §300.700 (for purposes of making grants to States under this part), is current and accurate. (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. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ►Page 9 RSA 186-C:8 Collaborative Programs. – I. School districts or school administrative units, or both, may enter into cooperative agreements in order to provide approved programs for educating children with disabilities. The state board of education, when appropriate because of a low incidence of a disabling condition, high cost of services, or scarcity of trained personnel, shall encourage such cooperative agreements and shall serve as a source of information, advice and guidance to school districts, school administrative units, or both. II. The state board of education, together with representatives of neighboring states, shall study the feasibility of interstate agreements for the provision of services to children with disabilities. (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. §300.9 Consent.- means that-(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; (b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and (c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. (2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). (y) “Core academic subjects” means “core academic subjects” as defined in 34 CFR 300.10. ~ ~ UPDATE: §300.10, (b)(4)(x) the definition of “core academic subjects” was removed from IDEA by amendment on 6/30/2017, to align with the Every Student Succeeds Act (ESSA). (z) “Court” means a court of competent jurisdiction. (aa) “Curriculum” means all of the courses and other educational opportunities offered by the responsible local education agency. (ab) “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. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 10 Ed 1102.02 Definitions D-G. (a) “Day” means “day” as defined in 34 CFR 300.11(a). §300.11(a) Day means calendar day unless otherwise indicated as business day or school day. (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). §300.611 (a) Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. (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. PART Ed 306 Minimum Standards for Public School Approval (e) “Disability” means any of the conditions listed in 34 CFR 300.8(c). §300.8 – See Ed 1102.01(t) (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. §300.226 Early intervening services. (a) General. An LEA may not use more than 15 percent of the amount the LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the LEA pursuant to §300.205, if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment. (See Appendix D for examples of how §300.205(d), regarding local maintenance of effort, and §300.226(a) affect one another.) Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 11 (b) Activities. In implementing coordinated, early intervening services under this section, an LEA may carry out activities that include— (1) Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and (2) Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. (c) Construction. Nothing in this section shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability. (d) Reporting. Each LEA that develops and maintains coordinated, early intervening services under this section must annually report to the SEA on-(1) The number of children served under this section who received early intervening services; and (2) The number of children served under this section who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding two year period. (e) Coordination with ESEA. Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section. (i) “Education records” means “education records” as defined in 34 CFR 300.611(b). §300.611(b) Education records means the type of records covered under the definition of “education records” in 34 CFR part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)). (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. §300.14 Equipment means -- (a) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and (b) All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. (l) “Elementary and Secondary Education Act” (ESEA) means the Elementary and Secondary Education Act of 1965. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 12 (m) “Evaluation” means “evaluation” as defined in 34 CFR 300.15 and consistent with the requirements in Ed 1107. §300.15 Evaluation means procedures used in accordance with §§300.304 through 300.311 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. (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). §300.107 Nonacademic services.- The State must ensure the following: (a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available. (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. §300.17 Free appropriate public education or FAPE means special education and related services that(a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 13 §300.114 LRE requirements. (a) General. (1) Except as provided in §300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§300.115 through 300.120. (2) Each public agency must ensure that-(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if 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) Additional requirement--State funding mechanism. (1) General. (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and (ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP. (2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph. (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. RSA 186-C:2-VI. "Functionally blind" means a pupil who has: (a) Visual acuity of 20/200 or less in the better eye with the use of the best correction for any refractive error, or a limited field of vision in which the widest diameter of the visual field subtends an angle no greater than 20 degrees. (b) A medically indicated expectation of visual deterioration. (c) A functional limitation resulting from a medically diagnosed visual impairment which restricts the child's ability to read and write standard print at levels expected of other children of comparable ability and grade level. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 14 Ed 1102.03 Definitions H-M. (a) “Health care facility” means any hospital, nursing home, sheltered home or other facility licensed under RSA 151. CHAPTER 151: RESIDENTIAL CARE AND HEALTH FACILITY LICENSING (b) “Health Evaluation” means an evaluation that provides the IEP team with information on the child’s physical condition and may 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) “Highly qualified teacher” means “highly qualified teacher” as defined in 34 CFR 300.18 and 34 CFR 300.156(c). ~ ~ UPDATE: §300.18 the definition of “highly qualified teacher” was removed from IDEA and §300.156 was revised as shown below by amendment on 6/30/2017, to align with the Every Student Succeeds Act (ESSA). §300.156 Personnel qualifications. (a) General. The SEA must establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities. (b) Related services personnel and paraprofessionals. The qualifications under paragraph (a) of this section must include qualifications for related services personnel and paraprofessionals that-(1) Are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and (2) Ensure that related services personnel who deliver services in their discipline or profession-(i) Meet the requirements of paragraph (b)(1) of this section; and (ii) Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and (iii) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education and related services under this part to children with disabilities. (c) Qualifications for special education teachers. (1) The qualifications described in paragraph (a) of this section must ensure that each person employed as a public school special education teacher in the State who teaches in an elementary school, middle school, or secondary school— Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 15 (i) Has obtained full State certification as a special education teacher (including certification obtained through an alternate route to certification as a special educator, if such alternate route meets minimum requirements described in 34 CFR 200.56(a)(2)(ii) as such section was in effect on November 28, 2008), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the teacher must meet the certification or licensing requirements, if any, set forth in the State's public charter school law; (ii) Has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and (iii) Holds at least a bachelor's degree. (2) A teacher will be considered to meet the standard in paragraph (c)(1)(i) of this section if that teacher is participating in an alternate route to special education certification program under which— (i) The teacher— (A) Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; (B) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program; (C) Assumes functions as a teacher only for a specified period of time not to exceed three years; and (D) Demonstrates satisfactory progress toward full certification as prescribed by the State; and (ii) The State ensures, through its certification and licensure process, that the provisions in paragraph (c)(2)(i) of this section are met. (d) Policy. In implementing this section, a State must adopt a policy that includes a requirement that LEAs in the State take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under this part to children with disabilities. (e) Rule of construction. Notwithstanding any other individual right of action that a parent or student may maintain under this part, nothing in this part shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular SEA or LEA employee to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the SEA as provided for under this part. (d) “Home education” means “home education” as defined in RSA 193-A:4, and includes the term home schooling. 193-A:4 Home Education; Defined. – I. Instruction shall be deemed home education if it consists of instruction in science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music. Home education shall be provided by a parent for his own child, unless the provider is as otherwise agreed upon by the appropriate parties named in paragraph II. II. The department of education, resident district superintendent, or a nonpublic school shall work with parents upon request in meeting the requirements of this section. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 16 (e) “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. RSA 170-E:25 Definitions. – In this subdivision: II. "Child care agency'' means any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in this subdivision and maintained for the care of children. The types of child care agencies are defined as follows: (a)(1) "Foster family home'' means child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents. (2) If the limit of 6 children under subparagraph (a)(1) is reached, the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children, the department may, notwithstanding the limitations of subparagraph (a)(1), place the sibling or group of siblings in the foster family home. (b) "Group home'' means a child care agency which regularly provides specialized care for at least 5 but no more than 12 children who can benefit from residential living either on a short-term or long-term basis. (c) "Specialized care'' means a child care agency which regularly provides general care for children who are diagnosed as mentally ill, intellectually disabled, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both. (d) "Homeless youth program'' means a program, including any housing facilities utilized by such program, which receives any child for the purpose of providing services to facilitate independent living including all of the following program components: individual assessment, referral, housing, and case management. Such services may be provided directly by the agency or through one or more contracts for services. III. "Child care institution'' means a residential child care agency where more than 12 children are received and maintained for 24-hour care for the purpose of providing them with care or training, or both. The term "child care institution'' shall not include: (a) Any state operated institution for child care or juvenile detention established by law. (b) Any institution, home, place or facility operating under a license pursuant to RSA 151:2. (c) Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public elementary schools or high schools, or both, and which operates on a regular academic school year basis, and which is approved by the department of education. (d) Any bona fide summer camp. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 17 VIII. "Experiential/wilderness facility'' means a child care institution which regularly provides specialized care and training in daily living for more than 12 children but fewer than 57 children, and meets the standards established by the commissioner by rule under RSA 170-E:34, I(a). X. "Independent living home'' means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training. 186-C:5 Program Approval, Monitoring, and Corrective Action. – I. (a) The state board of education shall adopt rules establishing a process and standards for the approval and monitoring of programs of education that are maintained by school districts, regional special education centers, and private organizations or state facilities for the benefit of children with disabilities, including chartered public schools, home-based programs and alternative schools or programs; except, however, that approval of education programs for the special district established in RSA 194:60 shall be pursuant to the standards set forth in the interagency agreements between the department of corrections and the department of education. (b) The division of educational improvement of the department of education, through its program approval and monitoring process shall determine if a district is making diligent efforts to resolve personnel shortages that result in children with disabilities being placed out of district. II. The purpose of program approval and monitoring is to ensure that the programs specified in paragraph I comply with applicable federal and state law, including standards related to improving educational results and functional outcomes. III. Program approval and monitoring shall utilize professionally recognized program evaluation and other verification methods to ensure reliable and valid findings and corrective actions. The department shall develop and apply standards and procedures to determine whether each program specified in paragraph I complies with the requirements of applicable federal and state law. Such standards shall give considerable weight to rigorous benchmarks or performance outcomes and indicators required by federal and state law most relevant to achieving educational results and functional outcomes. Program approval and monitoring shall also include, but not be limited to the following components and processes: (a) Reporting of outcome or indicator data by school district and non-district programs to the department in a manner and frequency as the department shall determine. (b) Development and application of methods to ensure the accuracy of all such data including data as entered in student records and as transmitted to the department, to include necessary on-site verification of data. (c) Determinations by the department as to whether the reported data complies with such standards. (d) On-site monitoring to further evaluate noncompliance, verify accuracy of data, assess the adequacy of the corrective action plans and their implementation, or other purposes as the department may determine, which may include: (1) Regular or periodic monitoring. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 18 (2) Special on-site monitoring required as part of the resolution or remediation of a complaint under 34 C.F.R. sections 300.151-152, or based on reliable information received indicating that there is reason to believe that there is noncompliance with standards. (3) Random or targeted visits which may be unannounced when the department determines that an unannounced visit is needed. (e) Program monitoring, including the on-site monitoring components, shall use multiple program evaluation techniques in accordance with professionally recognized standards and to achieve the purposes set forth in paragraphs I-III, including, but not limited to, random sampling stratified as necessary to cover discrete sites or programs such as alternative programs or schools. (f) Program approval and monitoring personnel or teams, which shall be knowledgeable in researchbased education, special education practices, professionally recognized program evaluation practices, the Individuals with Disabilities Education Act, and state special education laws and which shall receive appropriate training to participate in the monitoring process. Such personnel or teams for on-site monitoring shall consist of at least one of each of the following: an educator, an educational administrator, and a parent who resides in another school district, who shall receive mileage reimbursement. The department may determine that for certain on-site visits less than a full team is necessary. The department directly or by contract shall develop and train a group of parents on the requisites needed to carry out the monitoring duties. Where volunteers or contracted personnel are used for the non-parent team slots, attempts shall be made to use or balance teams with personnel from non-school district sources such as qualified individuals from higher education. Educators and educational administrators that are used (1) may not review schools in school districts in which they are employed or have been employed in the previous 2 years and (2) may not be from schools which in the current or prior 3 years have been the subject of mandatory technical assistance under subparagraph V(e)(2) or any of the interventions in subparagraphs V(e)(3)-(12). The department shall make available sufficient funds for stipends or similar financial remuneration, in addition to expense reimbursements to ensure that teams have a diversity of perspectives and high quality professional membership. The department of education may contract with an individual or organization which has the requisite expertise and skill to perform the monitoring activities, and who is otherwise independent from school district and non-school district programs in New Hampshire. This subparagraph shall not be construed to preclude individuals who may have performed sporadic or occasional contract or volunteer work for school district or non-school district programs. IV. The department shall issue a report granting full or conditional approval, or denying, suspending, or revoking approval prior to the expiration of the existing program approval which shall include: (a) Findings detailing exemplary characteristics and strengths of each program and each instance of noncompliance and failure to meet performance outcome or indicator measures in accordance with standards set forth in paragraph III. (b) Recommendations for actions needed to correct noncompliance or failure to meet performance outcome or indicator measures. (c) School districts and non-district programs may appeal decisions granting conditional approval or denying, suspending, or revoking approval pursuant to paragraph VII. (d) The department may issue reports outside of the regular approval process directing school districts or non-school district programs to take any of the actions set forth in paragraph V. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 19 V. (a) The provisions of this paragraph shall be enforced subsequent to the issuance of an order resulting from a complaint investigated, a due process hearing, or a monitoring activity pursuant to rules adopted under RSA 541-A. (b) At the conclusion of the time limit specified for the school district, public agency, private provider of special education, or other non-school district based program to have completed the corrective action specified in the orders of compliance, the administrator of the bureau of special education of the department of education shall forward to the commissioner of the department of education a written report indicating the extent to which the agency took corrective action to achieve compliance with state and federal law. (c) In the event the written report shows that the school district, public agency, private provider of special education, or other non-school district based program has not complied with orders issued by the department, the commissioner of the department of education shall give the written notice of the enforcement action to be taken. (d) When taking enforcement action, the commissioner of the department of education shall consider: (1) The severity and length of noncompliance. (2) Whether a good faith effort was made to correct the problem. (3) The impact on children who are entitled to a free appropriate public education. (4) Whether the nature of the noncompliance is individual or systemic. (e) Enforcement action shall include but not be limited to: (1) Corrective action plan development, implementation, and monitoring. (2) Voluntary and mandatory technical assistance as determined by the department. (3) Mandatory targeted professional development as determined by the department. (4) Directives ordering specific corrective or remedial actions including compensatory education. (5) Targeting or redirecting the use of federal special education funds in the areas of concern. (6) Formal referral to the bureau of credentialing in the department of education for review of compliance with professional licensure or certification requirements. (7) Ordering the cessation of operations of discrete programs operated by a school district, collaborative program, private provider of special education, public academy, or state facility for the benefit of children with disabilities. (8) A review of programs which may include a desk audit, scheduled on-site reviews, and unannounced on-site reviews, to ensure compliance. The frequency of the program reviews may, at the discretion of the department, take place weekly, monthly, or quarterly. (9) Requiring redirection of federal funds to remediate noncompliance of more than one year. (10) Ceasing payments of state or federal special education funds to the school district or other public agency until the department of education determines the school district or other public agency is in compliance. (11) Ordering, in accordance with a final state audit report, the repayment of misspent or misapplied state and/or federal funds. (12) In the case of a school district or other public agency, referring the matter to the department of justice for further action. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 20 (13) In the case of a private provider of special education or other non-school district based program, ordering all school districts with students placed in the private provider of special education to relocate the students for whom each district is responsible to other programs or facilities that are in compliance with state and federal law. VI. The commissioner shall notify the superintendent and local school board, and post findings and corrective actions recommended on the department Internet website. The commissioner shall also notify the advisory committee on the education of children/students with disabilities of the findings, remedies, and sanctions. VII. The department shall adopt rules for the school district appeals process for corrective actions imposed under subparagraphs V(a)(5)-(11). VIII. The commissioner shall employ or contract with a sufficient number of qualified personnel to carry out the activities enumerated in this section, including but not limited to managing, analyzing, and verifying data, coordinating and staffing on-site monitoring teams, preparing reports, including findings and corrective actions, and determining, monitoring, or supervising corrective actions and sanctions. IX. The department, with input from the advisory committee on the education of children/students with disabilities, shall select and contract with an independent, nationally recognized organization in program evaluation and quality assurance to evaluate in 2010, 2015, and decennially thereafter, the effectiveness of the program approval and monitoring system, including whether it is carrying out activities in RSA 186-C:5 in an efficient manner. Such organization shall submit recommendations for any improvements to the commissioner, the state board of education, the governor, and the general court within 90 days of completing the program evaluation. On or before September 1, 2013, the department shall submit a written response to the report submitted by the organization that conducted the 2012 independent evaluation. The written response shall include a detailed plan for how the department will address the areas identified as needing improvement and the recommendations made in the initial evaluation required under this section. The written response shall include specific steps the department plans to take, along with a timeline for each step. The written response shall also provide an explanation for any actions the department will not implement or complete during the plan's timeframe. On or before December 30, 2013 and June 30, 2014, the department shall submit a report of its progress toward completing its plan. The plan and reports shall be submitted to the governor, to the chairpersons of the senate and house committees with jurisdiction over education policy, to the state advisory committee for the education of children with disabilities established in RSA 186-C:3-b, and to the state board of education. For the 2015 evaluation, the department shall invite the same organization that conducted the 2012 evaluation to respond to a request for proposals. The 2015 evaluation shall include feedback on the steps the department has taken in response to the recommendations in the 2012 report. The department shall provide unimpeded access to all documents requested by the organization, except as otherwise required by law. (f) “Home instruction” means a home-based LEA placement as detailed in Ed 1111.04 that provides home instruction for school-aged children. (g) “Independent educational evaluation” means “independent educational evaluation” as defined in 34 CFR 300.502(a)(3)(i). Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 21 §300.502 (a)(3)(i) Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question. (h) “Individualized education program” (IEP) means “individualized education program” as defined in 34 CFR 300.22 and which meets the requirements in Ed 1109. §300.22 Individualized education program. or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with §§300.320 through 300.324. §300.320 Definition of individualized education program. (a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include-(1) A statement of the child’s present levels of academic achievement and functional performance, including-(i) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or (ii) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; (2)(i) A statement of measurable annual goals, including academic and functional goals designed to(A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and (B) Meet each of the child’s other educational needs that result from the child’s disability; (ii) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives; (3) A description of-(i) How the child’s progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and (ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child-(i) To advance appropriately toward attaining the annual goals; (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section; Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 22 (6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and (ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why— (A) The child cannot participate in the regular assessment; and (B) The particular alternate assessment selected is appropriate for the child; and (7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. (b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include-(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and (2) The transition services (including courses of study) needed to assist the child in reaching those goals. (c) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under §300.520. (d) Construction. Nothing in this section shall be construed to require-(1) That additional information be included in a child’s IEP beyond what is explicitly required in section 614 of the Act; or (2) The IEP Team to include information under one component of a child’s IEP that is already contained under another component of the child’s IEP. §300.321 IEP Team. (a) General. The public agency must ensure that the IEP Team for each child with a disability includes-(1) The parents of the child; (2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment); (3) Not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the child; (4) A representative of the public agency who-(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (ii) Is knowledgeable about the general education curriculum; and (iii) Is knowledgeable about the availability of resources of the public agency. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 23 (5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section; (6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and (7) Whenever appropriate, the child with a disability. (b) Transition services participants. (1) In accordance with paragraph (a)(7) of this section, the public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b). (2) If the child does not attend the IEP Team meeting, the public agency must take other steps to ensure that the child’s preferences and interests are considered. (3) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (b)(1) of this section, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. (c) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team. (d) Designating a public agency representative. A public agency may designate a public agency member of the IEP Team to also serve as the agency representative, if the criteria in paragraph (a)(4) of this section are satisfied. (e) IEP Team attendance. (1) A member of the IEP Team described in paragraphs (a)(2) through (a)(5) of this section is not required to attend an IEP Team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. (2) A member of the IEP Team described in paragraph (e)(1) of this section may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if-(i) The parent, in writing, and the public agency consent to the excusal; and (ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. (f) Initial IEP Team meeting for child under Part C. In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services. §300.322 Parent participation. (a) Public agency responsibility—general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including-(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 24 attend; and (2) Scheduling the meeting at a mutually agreed on time and place. (b) Information provided to parents. (1) The notice required under paragraph (a)(1) of this section must-(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and (ii) Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act). (2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must-(i) Indicate-(A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and (B) That the agency will invite the student; and (ii) Identify any other agency that will be invited to send a representative. (c) Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation). (d) Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as-(1) Detailed records of telephone calls made or attempted and the results of those calls; (2) Copies of correspondence sent to the parents and any responses received; and (3) Detailed records of visits made to the parent’s home or place of employment and the results of those visits. (e) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. (f) Parent copy of child’s IEP. The public agency must give the parent a copy of the child’s IEP at no cost to the parent. §300.323 When IEPs must be in effect. (a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in §300.320. (b) IEP or IFSP for children aged three through five. Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 25 (1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is-(i) Consistent with State policy; and (ii) Agreed to by the agency and the child’s parents. (2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must-(i) Provide to the child’s parents a detailed explanation of the differences between an IFSP and an IEP; and (ii) If the parents choose an IFSP, obtain written informed consent from the parents. (c) Initial IEPs; provision of services. Each public agency must ensure that-(1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and (2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP. (d) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that-(1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and (2) Each teacher and provider described in paragraph (d)(1) of this section is informed of-(i) His or her specific responsibilities related to implementing the child’s IEP; and (ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP. (e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either-(1) Adopts the child’s IEP from the previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§300.320 through 300.324. (f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency— Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 26 (1) Conducts an evaluation pursuant to §§300.304 through 300.306 (if determined to be necessary by the new public agency); and (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§300.320 through 300.324. (g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section-(1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency. Development of IEP §300.324 Development, review, and revision of IEP. (a) Development of IEP. (1) General. In developing each child’s IEP, the IEP Team must consider-(i) The strengths of the child; (ii) The concerns of the parents for enhancing the education of their child; (iii) The results of the initial or most recent evaluation of the child; and (iv) The academic, developmental, and functional needs of the child. (2) Consideration of special factors. The IEP Team must-(i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior; (ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP; (iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; (iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and (v) Consider whether the child needs assistive technology devices and services. (3) Requirement with respect to regular education teacher. A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of-(i) Appropriate positive behavioral interventions and supports and other strategies for the child; and Ed 1102 Definitions NH Standards for the Education of Children with Disabilities ► P a g e 27 (ii) Supplementary aids and services, program modifications, and support for school personnel consistent with §300.320(a)(4). (4) Agreement. (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP. (ii) If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child’s IEP Team is informed of those changes. (5) Consolidation of IEP Team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child. (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. (b) Review and revision of IEPs. (1) General. Each public agency must ensure that, subject to paragraphs (b)(2) and (b)(3) of this section, the IEP Team-(i) Reviews the child’s IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and (ii) Revises the IEP, as appropriate, to address-(A) Any lack of expected progress toward the annual goals described in §300.320(a)(2), and in the general education curriculum, if appropriate; (B) The results of any reevaluation conducted under §300.303; (C) Information about the child provided to, or by, the parents, as described under §300.305(a)(2); (D) The child’s anticipated needs; or (E) Other matters. (2) Consideration of special factors. In conducting a review of the child’s IEP, the IEP Team must consider the special factors described in paragraph (a)(2) of this section. (3) Requirement with respect to regular education teacher. A regular education teacher of the child, as a member of the IEP Team, must, consistent with paragraph (a)(3) of this section, participate in the review and revision of the IEP of the child. (c) Failure to meet transition objectives. (1) Participating agency failure. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with §300.320(b), the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. (2) Construction. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency. Ed 1102 Definitions NH Standards for the Education of Childre...
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Hi. the paper is ready. contact me incase of any issue.pleasure working with you.

SURNAME1

Student Name
Institutional Affiliations
Course
Date of submission
Least Restrictive Environment (LRE) means that a student who is disabled should be given
an opportunity to pursue education with nondisabled peers to the greatest appropriate extent.
Challenges
Schools face a big challenge in combining the disabled and the nondisabled students
whereby some students discriminate the disabled. Discrimination definitely affects the disabled
students negatively reducing the self-worth of the disabled students and also it may create a
contusive learning environment for the nondisabled students. The teachers also will hard due to
the unequal capabilities of the students ...


Anonymous
Great! Studypool always delivers quality work.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Similar Content

Related Tags