Laws around Special Education in Charter Schools in New Hampshire - For the full law see this link
III. (a) In accordance with current department of education standards, the funding and educational decision-making process for children with disabilities attending a chartered public school shall be the responsibility of the resident district and shall retain all current options available to the parent and to the school district.
(b) When a child is enrolled by a parent in a charted public school, the local education agency of the child's resident district shall convene a meeting of the individualized education program (IEP) team and shall invite a representative of the chartered public school to that meeting. At the meeting, the IEP team shall determine how to ensure the provision of a free and appropriate public education in accordance with the child's IEP. The child's special education and related services shall be provided using any or all of the methods listed below starting with the least restrictive environment:
(1) The resident district may send staff to the chartered public school; or
(2) The resident district may contract with a service provider to provide the services at the chartered public school; or
(3) The resident district may provide the services at the resident district school; or
(4) The resident district may provide the services at the service provider's location; or
(5) The resident district may contract with a chartered public school to provide the services; and
(6) If the child requires transportation to and/or from the chartered public school before, after, or during the school day in order to receive special education and related services as provided in the IEP, the child's resident district shall provide transportation for the child.
(c) Consistent with section 5210(1) of the Elementary and Secondary Education Act and section 300.209 of the Individuals with Disabilities Education Act, when a parent enrolls a child with a disability in a chartered public school, the child and the child's parents shall retain all rights under federal and state special education law, including the child's right to be provided with a free and appropriate public education, which includes all of the special education and related services included in the child's IEP. The child's resident district shall have the responsibility, including financial responsibility, to ensure the provision of the special education and related services in the child's IEP, and the chartered public school shall cooperate with the child's resident district in the provision of the child's special education and related services.
IV. Federal or other funding available in any year to a sending district shall, to the extent and in a manner acceptable to the funding source, be directed to a chartered public school in a receiving district on an eligible per pupil basis. This funding shall include, but not be limited to, funding under federal Chapters I and II of Title II, and Drug-Free Schools, in whatever form the funding is available in any year. This paragraph shall not apply to funding available to school districts under the federal Individuals with Disabilities Education Act.
IV-a. The commissioner of the department of education shall apply for all federal funding available to chartered public schools under the No Child Left Behind Act, Title I of the Elementary and Secondary Education Act, or other federal source of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.
V. (a) A sending district may provide funds, services, equipment, materials or personnel to a chartered public school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.
Parents, educators, advocates, and attorneys come to Wrightslaw for reliable information about special education law and advocacy for children with disabilities.
Because of the federal laws and regulations that govern the education of students with disabilities, a process has evolved over time that governs the special education referral process. The purpose of this module is to provide an overview to the “Special Education Process” so that the learner may understand the global procedures for providing a student with disabilities a free and appropriate education (FAPE).