-
Referral
A referral, or a request for an initial special education evaluation can be made by school personnel, the child’s parent(s), or anyone else involved with the education or care of the child (IDEA, 2004). As soon as someone refers a child for evaluation, the parent(s) of the child must be notified in writing (NH Board of Education, 2014). -
Decision to Evaluate (within 15 days of referral)
New Hampshire law requires that when a referral is received, the IEP team must meet to decide whether the student may have a disability and need a special education evaluation or whether the school can meet the student’s needs through regular educational services, in which case an evaluation would not be needed. In either case, the school must notify the parents in writing of the decision and the reasons behind it. (NH Board of Education, 2014). -
Parental Consent Obtained for Evaluation
If it is determined that the student is in need of an evaluation, both NH and federal law require the school to obtain written parental consent before the evaluation can proceed (IDEA, 2004; NH Board of Education, 2014). Exceptions include if the parent(s) cannot be found, their rights have been transferred to a court-appointed surrogate who provides consent, or the parent(s) do not respond to requests for consent and the school uses IDEA procedural safeguards to proceed (IDEA, 2004). -
Evaluation (within 45 days of parental consent)
Federal law requires the evaluation to take place within 60 days of receiving parental consent (IDEA, 2004). NH law provides a smaller window. A comprehensive and individualized evaluation must be conducted within 45 calendar days of parental consent (NH Board of Education, 2014). The evaluation is intended to determine if the child is eligible for special education and to identify the child’s educational needs (IDEA, 2004). Parents must be notified of the evaluation results within the 45 days. -
Parents Notified of IEP Meeting (at least 10 days before meeting)
New Hampshire law mandates that an IEP meeting be held to draft a student’s individualized education program (IEP) within 30 calendar days of that student being evaluated and found eligible for special education services. Parents are part of the IEP team, and the law requires the student’s parent(s) to be notified at least 10 days before the IEP meeting (NH Board of Education, 2014). -
IEP Team Meets to Create IEP (within 30 days of student being found eligible)
New Hampshire law mandates that an IEP meeting be held to draft a student’s individualized education program (IEP) within 30 calendar days of that student being evaluated and found eligible for special education services (NH Board of Education, 2014). -
References
Individuals with Disabilities Education Act of 2004 (IDEA), 20 USC § 1411 et seq. New Hampshire Board of Education. (2014). New Hampshire Rules for the Education of Children with Disabilities. Retrieved from: http://education.nh.gov/instruction/special_ed/documents/nh_rules_amendment_may_2014.pdf
