NH Rules for the Education of Children with Disabilities - NH’s Special Education Regulations
They include important rights and protections that:
Facilitate or support parental involvement and that foster parent/school collaboration (recognizing that parental control over their children is a fundamental NH value);
Make the process more efficient, proactive and clear, reducing the likelihood of misunderstandings;
Protect students from harm (requirements intended to ensure student safety); and
Provide accountability and transparency, while Being cost-effective, utilizing sound business practices, and producing results.
The NH Department of Education and State Board of Education listened to our voices. Based on the public input the State Board received, including input from parents, advocates, educators and others, a final proposal to reauthorize the NH Rules was developed. But now, as the process is nearing completion, suggestions have been made by some people that NH should only follow the absolute minimum Federal requirements in the Individuals with Disabilities Education Act. What would it mean if NH followed only the Federal minimum requirements?
Parental consent would no longer be required at each step in the special education process;
NH’s evaluation timeline would become 60 days instead of our current 45-day timeline;
Short-term objectives would no longer be part of the IEP for most children with disabilities;
Transition services would not begin until the IEP to be in effect when the child turns 16 (NH begins transition planning by age 14);
The NH Rules would no longer include clear timelines, and would instead use the vague language in the Federal law (the Federal law uses terms like, “enough notice” and a “reasonable time” instead of NH’s clear “10 days” and “14 days”);
Parents would no longer have the right to access their child’s evaluation results and other relevant educational materials 5 days before an IEP team meeting, upon the parent’s request; (The house recently passed ED 1107.04 which clarifies that parents may have access to all educational records and completed testing, upon written request, 5 days prior to an eligibility determination meeting.
The clear timeline (21 days) for a school district to respond when a parent makes requests an IEP team meeting would no longer be in effect;
NH would lose our clear established rules for child management that focus on positive behavioral interventions, and a prohibition on the use of aversives (aversives are 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);
School districts would no longer be required to maintain written evidence documenting implementation of your child’s IEP; and
MANY MORE IMPORTANT RIGHTS AND PROTECTIONS WOULD BE LOST!