Special Education Process
Identification/Child Find: Anyone may refer a child if they suspect that he/she may have a disability and need special education. Additionally, all school districts using the special education process, shall find, identify, and evaluate all children suspected to be children with disabilities who are 2.5 years of age or older but less than 21 years of age to ensure that eligible children are found, identified, and provided needed services.
Referral and Disposition of Referral: When you, a teacher or other person suspects a child may have a disability and need special education, a referral to the school district may be made. If the referral comes from someone other than you, including from the child’s teacher, you are immediately notified, in writing, that a referral has been made. A disposition of referral meeting, to which you will be invited, must be held within 15 business days of receiving the referral. This meeting (like all IEP Team meetings) must be held at a date, time, and place mutually agreeable to you and the school. The IEP Team may decide that there is no indication that your child has a disability and needs special education or special education and related services and that at this time the school can meet your child’s needs through regular educational services. Otherwise, they would determine that there is reason to suspect the child may have a disability and should be evaluated.
The school must give you written notice of the IEP Team’s decision. This notice is the “Written Prior Notice” described on page 6 in this booklet. If the IEP Team decides that additional evaluation is necessary, then the written prior notice will also include a request for parental consent to conduct any individual evaluations needed to determine if your child is a child with a disability.
Evaluation: When your child is being considered for special education, your written consent is required before evaluations may occur. Your school district will arrange evaluations, at no cost to you, to be conducted by trained and knowledgeable, certified or licensed evaluators. After the school district has received your written consent for the evaluations, initial evaluations must be completed within 60 calendar days. For reevaluations, the evaluation process shall be completed within 60 days after parent consent or at the conclusion of the extension which may not exceed 30 days.
The LEA shall provide parents with copies of each examiner’s evaluation and assessment report(s) at least 5 days prior to the meeting of the IEP team at which the evaluation and assessment report(s) will be discussed. The LEA shall provide the report(s) by sending the report(s) to the parents via US mail unless the parents and the LEA agree upon another method. If you disagree with the evaluation conducted by the school district, you may request the school district provide an independent educational evaluation at no cost to you.
Once the evaluations are completed, you will be given a written summary.
Determination of Eligibility and Disability Category: When the evaluations are complete, the IEP Team uses that information to determine whether or not your child is eligible for special education. To be eligible, your child must have a disability and require special education or special education and related services to benefit from education. Your child will then be identified with one or more of a specific disability type listed in the NH Rules Ed 1102.01(t). The IEP team must meet at least once every three years to determine eligibility for special education.
Development of the IEP: Within 30 days after your child is found eligible for special education, the IEP Team meets to develop an individualized education program (IEP) for your child. The initial IEP does not become effective until it is agreed upon and signed by you. The IEP Team includes specific required elements listed in the NH Rules Ed 1109.01 and 1109.03.
Once your child has an IEP, it is reviewed/revised in an IEP Team meeting at least annually. Your child must have an agreed upon IEP in place at the start of each school year. Written notice of IEP team meetings must be given to you at least 10 days before the meeting is to be held. The notice must include the time and place of the meeting, purpose, and a list of participants who will be in attendance. 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 the child with a disability may be invited, whenever appropriate. While it is not required, it is a courtesy for the parent to notify the school in advance if they have invited an additional person, or people to the meeting.
Determination of Educational Placement: After the IEP has been developed, the IEP Team meets to determine placement in the least restrictive environment (LRE) in which your child can receive the special education and related services described in his/her IEP.
Implementation and Monitoring: Parents, educators and others involved with your child monitor progress on an ongoing basis to ensure his/her educational needs are met. If concerns about your child’s progress arise, a meeting of the IEP Team may be requested and scheduled without unnecessary delay.
The following is a link to The New Hampshire Special Education Procedural Safeguards: