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Special Education Plan » Pupil Evaluation to Placement

Pupil Evaluation to Placement

 

Pupil Evaluation to Placement

Ed 1126.01(b)(8)

Parent Involvement

Ed 1126.01(b)(5)

 

 

Milford School District implements the Special Education Process that includes procedures for referral, evaluation, development of IEPs, and placement for children with disabilities. These procedures involve parents in all aspects of the pupil evaluation to placement process (Ed 1104.01).

 

a) Referral
b) Evaluation
c) Determination of eligibility
d) Development and approval of IEP
e) Placement
f) Ongoing monitoring of the IEP
g) Annual review of the IEP

 

REFERRAL (Ed 1106)

 

Any student age 2.5 to 21 years suspected of having a disability may be referred to the District by parents, District personnel, or any other concerned party. A child’s parents may also contact their child’s teacher(s) or other school professional to request an evaluation. This request may be verbal or in writing; however, parents will be asked to place their request in writing and submit it to the Office of Student Support Services. Assistance in completing this written request shall be available to parents upon request.

In the event that the student does not attend a Milford School District public school, referrals should be directed as follows:

Preschool Aged Students, beginning at age 2.5 – Submit to the Office of Student Support Services located at 5 Elm St Milford, NH 03055.

School Aged Studentts, Kindergarten through age 21 or prior to the receipt of a regular high school diploma (whichever comes first) – Submit to the Office of Student Support Services located at 5 Elm St., Milford, NH 03055.

Upon receipt of a referral, the District shall immediately send written notification of the referral to the parent. Procedural Safeguards will be included with the parent notification.  Additional copies of Procedural Safeguards can be located on the school District website.  Hardcopies will be provided upon request.  Copies are available at any of the District’s schools.

A meeting will be scheduled and held within 15 business days of receipt of the referral to review the referral and determine the appropriate course of action. At a minimum, the following people shall be invited to be part of the referral team:

 

    • One or both of the student’s parents which includes biological or adoptive parents, legal guardians or surrogate parents, including foster parents who have fulfilled certain requirements.
    • A representative of the School District other than the student’s teacher who is qualified to provide or supervise the provision of special education services
    • Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment)
    • Not less than one special education teacher or, when appropriate, not less than one special education provider of the child
    • The student (if of the age of majority) and where otherwise appropriate
    • Other individuals at the discretion of the parent or School District who have knowledge or expertise regarding the child

 

The District representative shall be qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, knowledgeable about the general curriculum, and knowledgeable about the availability of District resources.

The team will review concerns raised in the referral and decide which of the following actions should occur.

  1. Determination that the student is not suspected to be a child with a disability
    • The IEP team considers information available, including parent concerns, and determines that no evaluation is needed.
    • The IEP team may recommend intervention strategies to be used in the regular class or other District options (Student Support Team; 504 Team, etc).
    • The IEP team shall document its decision in meeting notes and Written Prior Notice.
  1. Determination that the child may be a child with a disability
    • The IEP team considers information available, including parent concerns, and determines that further evaluation is needed to address concerns and determine if the child is eligible for special education and related services.
    • The IEP team may request additional information from outside sources. Parents will be asked to provide written consent for the District to obtain this information.
    • The IEP team shall document its decision(s) in meeting notes and Written Prior Notice, and request written parental consent for evaluation.

In each situation, if the child’s parent disagrees with the team’s disposition of the referral, the parent or District may activate the due process procedures (Ed 1121). The District shall comply with federal and state law and regulations when accepting referrals and transitioning children from early supports and services programs to preschool programs.

EVALUATION (Ed 1107)

 

When the team determines that a child is suspected of requiring special education services, a full and individual evaluation is provided to determine if the child is a “child with a disability” and to determine the educational needs of the child.  The IEP team plans initial evaluations and re-evaluations, and parents are active participants in the evaluation planning process.  Evaluations will be provided based on the suspected disability (or disabilities), and in accordance with the NH Standards.  The child’s educational history shall be reviewed, including identification of the child’s past opportunities to have acquired important skills and information.

The District shall comply with state and federal laws and regulations relative to initial evaluations, evaluation procedures and re-evaluations, including the additional procedures required for evaluating children with specific learning disabilities.

Written parental consent is required in order for the District to conduct evaluations as a part of an eligibility determination.  If a parent refuses consent to a proposal included in Ed 1120.04(a)(1) the District shall have the authority to pursue the initiation of a due process hearing under ED 1123. (Ed 1120.05 (c)) Written parental consent shall also be required for individual evaluations that are necessary to further diagnose the needs of a child who has previously been determined to be a child with a disability.  

The District shall complete initial evaluations within 60 calendar days after receipt of written consent from the parent.  For reevaluations, the evaluation process shall be completed within 60 calendar days after the receipt of parental consent to evaluate, or at the conclusion of any extension.  When circumstances warrant additional time to complete reevaluations, upon written consent of the parties, a 60 day time limit may be extended by a specific number of days, not to exceed 30 days.  A copy of this written agreement will be placed in the child’s confidential file with the signed permission to test.  When an extension is requested, the team shall make every effort to complete the evaluation in the shortest amount of time possible.  

If a child with a disability moves into the District from another NH District his/her disability identification will be honored without delay.  

If the child is moving into the District from another state, an IEP team meeting will be convened as soon as possible to review the types of evaluations that have previously been conducted and to plan any further evaluations necessary to determine eligibility in accordance with the NH Standards.  If evaluations are not sufficient or current, further evaluations will be conducted as per team agreement.  Formal eligibility as a child with a disability, as defined in the NH Standards, shall be determined within 60 calendar days of receipt of parental permission to evaluate. The student will receive FAPE including special services comparable to those described in the out of state IEP during this interim period.

The District shall ensure that evaluation materials and instructions are presented in the child’s native language or other mode of communication and in the form most likely to yield information on what the child knows, and can do academically, developmentally and functionally, unless it is clearly not feasible.    

Examiners shall be responsible for selecting current assessment tools that have been demonstrated to be reliable and valid. The District shall periodically review and consistently update test materials to the most current editions.  Examiners shall be expected to use all test materials for their intended purpose.  Assessment and evaluation materials shall be selected and administered so as not to be discriminatory on a racial or cultural basis.  If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions must be included in the evaluation report.

The District shall ensure that all evaluators are qualified according to the NH Rules. (See Table 1100.1) Each evaluator shall prepare a test report reflecting the data and their conclusions.

DETERMINATION OF ELIGIBILITY (Ed 1108)

Upon the completion of the administration of tests and other evaluation materials, a team of qualified professionals and the parent of the child will meet to review the results and recommendations of the evaluations and to determine whether the child is a child with a disability and that the child requires specialized instruction. At this meeting, team members will draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. They must ensure that the information obtained from all of these sources is documented and carefully considered. The team will complete a written summary containing the results of the various diagnostic findings and forward a copy of the report to the parent and maintain a copy for the child’s records. The report shall include, at a minimum:

  1. The results of each evaluation procedure, test record, or report;
  2. A written summary of the findings of the procedure, test, record, and/or report; and
  3. Information regarding the parent’s rights of appeal in accordance with the NH Standards - Ed 1120 and a description of the parent’s right to an independent evaluation in accordance with the NH Standards - Ed 1107.03.

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.

A child may not be determined to be eligible if the determining factor for that eligibility decision is lack of instruction in reading or math, limited English proficiency, or the child does not otherwise meet the eligibility criteria under state guidelines. If a determination is made that a child has a disability and needs special education and related services, a meeting to develop an IEP shall be conducted within 30 calendar days of the eligibility meeting.

Additional Procedures for Evaluating Children with Specific Learning Disabilities (CFR 300.307) The Milford School District has adopted Policy IHBAA (School Board Policy 3570) which describes the evaluation procedures and standards that will be used to evaluate whether a child has a learning disability. This policy can be found on the school District website.

Evaluation requirements for Children with Specific Learning Disabilities (Ed. 1107.02)

(a) For purposes of evaluating whether a child has a specific learning disability one or more of the following criteria shall be used:

(1) A discrepancy model between intellectual skills and achievements;

(2) A process that determines if the child responds to scientific, research-based intervention as part of the evaluation procedures described in 34 CFR 300.307 (a)(2); and

(3) Other alternative research-based procedures as described in 34 CFR 300.307 (a)(3)

(b) Each LEA shall adopt a policy describing the evaluation procedures and standards that will be used to evaluate whether a child has a specific learning disability. When a child is suspected of having a specific learning disability, the District shall comply with the additional evaluation requirements for this disability category.

A group may determine that a child has a specific learning disability if:

  1. The child does not achieve adequately for his/her age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards:
    • Oral Expression
    • Reading Fluency Skills
    • Listening Comprehension
    • Reading Comprehension
    • Written Expression
    • Mathematics Calculation
    • Basic Reading Skill
    • Mathematics Problem Solving
  1. The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified above when using a process based on his or her response to scientific, research-based intervention, or
  1. The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, and
  1. The group determines that the evaluation findings are not primarily the result of:
    • A visual, hearing, or motor impairment;
    • Intellectual Disability;
    • Emotional disturbance;
    • Cultural factors;
    • Environmental or economic disadvantage; or
    • Limited English proficiency.
  1. Teams must consider the student’s achievement measured against expectations for the child’s age and grade level standards/expectations set by the state.

In order to ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of its evaluation:

    • data that demonstrates that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings delivered by qualified personnel; and
    • data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

 

The District shall promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and shall adhere to the established timeframes (unless extended by mutual written agreement of the child’s parents and the District)

    • if, prior to a referral, the child has not made adequate progress after an appropriate period of time when provided instruction; and
    • whenever a child is referred for an evaluation.

 

Observation:

    • At least one team member other than the child’s regular teacher shall observe the child’s academic performance in the regular classroom setting.
    • The District must ensure that the child is observed in the child’s learning environment (including the regular classroom setting) to document the child’s academic performance and behavior in the areas of difficulty.
    • In the case of a child of less than school age or out of school, a team member shall observe the child in an environment appropriate for a child of that age.
 

Written Report:

For a child suspected of having a specific learning disability, the documentation of the team’s determination of eligibility shall include a statement of:

    • Whether the child has a specific learning disability;
    • The basis for making the determination;
    • The relevant behavior noted during the observation of the child;
    • The relationship of that behavior to the child’s academic functioning; and educationally relevant medical findings, if any;
    • Whether the child does not achieve adequately for the child’s age or to meet State-approved grade-level standards; and the child does not make sufficient progress to meet age or State-level standards, or the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both relative to age, State-approved grade level standards or intellectual development.
    • The determination of the group concerning the effects of visual, hearing, or motor disability; intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level (300.311); and
    • If the child has participated in a process that assesses the child’s response to scientific, research-based intervention- strategies uses, data collected, strategies for increasing learning, and parents right to request an evaluation
 

Each team member shall certify in writing whether the report reflects his or her conclusion. If it does not reflect his or her conclusion, the team member must submit a separate statement presenting his or her concerns.

RE-EVALUATION

The District shall ensure that a re-evaluation of each child with a disability is conducted at least once every three years or sooner if the child’s parent or teacher requests a re-evaluation.

The IEP team, including parents as active participants and other qualified professionals as appropriate, shall plan re-evaluations. The Team may determine that previous assessments used to determine eligibility are still considered to be valid. Such decisions must be documented in the Written Prior Notice form.

INDEPENDENT EDUCATIONAL EVALUATIONS (Ed 1107.03)

Parents of a child with a disability have the right to obtain an independent educational evaluation at public expense if they disagree with an evaluation conducted by the District. If parents request an independent educational evaluation at public expense, the District: shall either initiate a due process hearing to show that its evaluation is appropriate or ensure that an independent educational evaluation is provided at public expense.

The District may ask for the reason why parents object to the District’s evaluation; however, the explanation shall not be required, and the District shall not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the District’s evaluation.

If a parent obtains an independent educational evaluation at private expense, the District shall consider the results of the evaluation if it meets the District’s criteria. If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the District uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation. The agency criteria, determined by the District, shall not be so restrictive that it effectively prohibits parent choice Ed 1107.03(c)). Results of an independent evaluation obtained at parents’ expense may be presented as evidence at a hearing regarding the child.

DEVELOPMENT OF THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) (Ed 1109)

A meeting to develop an Individualized Education Program (IEP) for the child shall be conducted within 30 calendar days of a determination that the child needs special education and related services.

For previously identified children with disabilities, the IEP must be in place at the beginning of the school year. The District shall take steps to ensure that one or both of the child’s parents attend each IEP meeting or are afforded the opportunity to participate. IEP meetings will be scheduled during the day at a mutually convenient time and place. The District shall ensure that parents of a child with a disability receive written notice no fewer than 10 calendar days before an IEP meeting is to occur. The notice shall include the purpose, time, location, and identification of the participants. The 10-day notice requirement may be waived with the written consent of the parent or upon the written request of the parent. If the parent is unable to attend a meeting, they may ask for it to be rescheduled or held in a different location. The District shall consider alternative ways for a parent to participate if he or she is not able to physically attend a meeting, such as a telephone conference call. If for some reason parents cannot take part in scheduled meetings, documentation of the attempts made to include the parent shall be kept.

Consistent with ED 1109.01, each IEP shall include:

    • The elements listed in 34 CFR 300.320;
    • The length of the school year and the school day required to implement the IEP;
    • The types of service providers who would be responsible for implementing the IEP or the names of those providers;
    • A statement identifying the party or parties assuming the financial responsibility for the implementation of the IEP;
    • The signature of the parent or, where appropriate, student, and representative of the LEA stating approval of the provisions in the IEP;
    • Short-term objectives or benchmarks for all children unless the parent determines them unnecessary for all or some of the child's annual goals;
    • Short-term objectives or benchmarks for all children who take alternate assessment based on alternate achievement standards;
    • A statement of how the child's progress toward meeting the annual goals shall be provided to the parents;
    • A statement of how the child's progress toward meeting the annual goals will be measured and whether progress is sufficient to achieve the annual goals by the end of the school year; and
    • A statement of transition services that meets the requirements of 34 CFR 300.43and 34 CFR 300.320(b), with the exception that a plan for each student with a disability beginning at age 14 or younger, if determined appropriate by the IEP team, shall include a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study such as participation in advanced-placement courses, vocational education, or career and technical education.
 
In the event that Specialized Transportation is a required service in the IEP, the District will comply with ED 1109.02 relative to vehicles, licensing and transporting of children.
 
For purposes of the Special Education process, the term “parent” is defined as “a biological or adoptive parent surrogate parent or a guardian. Parent does not mean when the state has legal guardianship.”  In instances when a child with a disability requires special education and the parent or guardian is unknown or cannot be located after reasonable efforts are taken to find said parent the District may be required to request an educational surrogate. An educational surrogate is defined in RSA 186 C: 14, II ( a ) as a person appointed to act as a child's advocate and a place of the child's natural parents or guardian in the educational decision-making process who is appointed pursuant to Ed 1115.05.
 
The Milford School District will take necessary steps to ensure that parents understand the proceedings at IEP team meetings, including arranging for interpreters for parents whose native language is other than spoken English.
 

THE IEP TEAM (Ed1103.01)

A team approach shall be used to develop an IEP for each child with a disability. The IEP team shall include:

    • The parents of the child
    • Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment)
    • Not less than one special education teacher of the child, or, where appropriate, not less than one special education provider of the child
    • A representative of the public agency who:
      • Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities
      • Is knowledgeable about the general curriculum; and
      • Is knowledgeable about the availability of resources of the public agency
    • An individual who can interpret instructional implications of evaluation results,
    • Other individuals who have knowledge or special expertise regarding the child (at the discretion of the parent or school District)
    • Transition service representative if applicable
    • If appropriate, the child

 

A team member may be excused from the whole or part of the meeting if the parent and the District agree the member’s area of curriculum or related services is not being modified or discussed. The District or parent shall notify the other party 72 hours before a scheduled meeting or upon learning of the expected absence of a team member, whichever is earlier. (Ed 1103.01 (d)).

The team member may be excused only if the parent and the District provide written consent to the excusal. The team member must submit written suggestions about the development of the IEP to the parent and IEP team prior to the meeting.

In the case of a child who was previously provided Early Supports and Services (Part C of the IDEA), an invitation to the initial IEP Team meeting shall, 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.

Team members may, at times, fulfill more than one role. IEPs shall be developed collaboratively and include all necessary components as designated in state and federal laws and regulations. Transition goals, related services and/or supports shall be included in the discussion and incorporated into the IEP as appropriate. This includes transition to adult life as well as transitions from grade to grade, school to school or from one agency to another. Necessary supports to ensure successful transitions will be documented.

The District shall ensure that each child with a disability has access to appropriate instructional equipment and materials for the proper and timely implementation of the IEP, including assistive technology devices or aids.

The District shall provide special education, related services, supplementary aids and services, accommodations and modifications to a child with a disability in accordance with the child’s IEP.  The IEPs shall be in effect in accordance with 34 CFR 300.323. (Ed 1109.03)

The District shall provide each teacher and service provider listed as having responsibilities for implementing the IEP with a copy of the complete IEP for working and monitoring purposes. In addition, the District shall provide a private school or non-district provider responsible for implementing the IEP with a copy of the IEP on or before the first day of placement (Ed 1109.04).

The District shall maintain written evidence documenting implementation of the child’s IEP, including, but not limited to (Ed 1109.04 (b)):

    • all special education and related services provided;
    • any supplementary aids and services provided;
    • program modifications made; and
    • supports provided for school personnel implementing the IEP.

The IEP team shall determine the appropriate duration of an IEP, which shall not exceed 12 months. The IEP shall be reviewed at least annually and, if necessary, revised. The District shall conduct annually, at or near the end of the term of the IEP, a meeting for the purpose of assessing the effectiveness of the present program, and to design an IEP, including Extended Year Services if determined by the IEP team to be necessary for FAPE.

The District shall seek to obtain informed consent from a parent on the IEP before providing special education and related services to a child.

If at any time subsequent to the initial provision of special education and related services, the parent of the child revokes consent in writing for the continued provision of special education of special education and related services, the District:

    • may not continue to provide special education and related services to the child;
    • will provide a written prior notice before ceasing the provision of special education and related service;
    • will not use the mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child;
    • will not be considered in violation of the requirement to make FAPE available to the child; and
    • need not convene an IEP Team meeting or develop an IEP for the child.

If a parent refuses to consent to the provision of special education and related services other than initial provision of such services, the District shall initiate a due process hearing as specified in Ed 1123.

At any time, the parent or District can request another meeting to discuss any areas of concern regarding provisions in the IEP.

IEP DEVELOPMENT FOR STUDENTS WHO TRANSFER

If a child with a disability who had an IEP that was in effect in a previous New Hampshire school District transfers to the Milford School District during the same year, the District shall consult with the child’s parents and provide services comparable to those described in the child’s IEP from the previous District, until it either adopts the child’s previous IEP, or develops and implements a new IEP for the student. If a child with a disability transfers from a District outside of New Hampshire, the Milford School District shall additionally determine if an evaluation is necessary in order to complete the previously described IEP process for the new student. The District shall provide a free appropriate public education, including services comparable to those described in the child’s IEP from the previous District during this process.

MONITORING AND RE-EVALUATION

The District shall develop and implement procedures to ensure that IEPs are monitored in a regular and systematic manner. Student progress shall be monitored continually so that adjustments can be made as needed to ensure that each student is progressing adequately toward the goals and benchmarks/objectives in his or her IEP. Progress shall be monitored in accordance with the IEP through a variety of means such as consultation, observation, work samples and post testing. Parents will be notified of their child’s progress throughout the year at least as often as parents of children without disabilities are notified of their child’s progress. If a student is not progressing adequately toward the goals and benchmarks/objectives in the IEP, a meeting shall be called to discuss possible IEP or program adjustments which may facilitate progress. Conversely, if a student has met or exceeded the goals and benchmarks/objectives in the IEP, the IEP will be amended to reflect new goals.

The IEP team may be reconvened at any time to review the provisions of the IEP. The District shall, upon a written request for an IEP team meeting, schedule a mutually agreeable time and date, convene the IEP team, or provide the parent/guardian/adult student with written prior notice detailing why the District refuses to convene the requested meeting.  All of the above must be completed within 21 days. (ED 1109.06 (b)(c))

Both IDEA (34CFR300.324(a)(4)) and NH Standards allow the parents and District to agree to amend or modify the IEP without a meeting and to develop a written plan to amend or modify the IEP which must be shared with all IEP team members.

PLACEMENT OF CHILDREN WITH DISABILITIES

The District shall ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities shall be educated with children who do not have disabilities. Special classes, separate classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability is such that education in regular classes with the uses of supplementary aids and services cannot be achieved satisfactorily.

IEP Team

The IEP Team (including the parents) shall make placement decisions in accordance with state and federal laws and rules. The IEP team shall include:

    • The parents of the child
    • Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment)
    • Not less than one special education teacher of the child, or, where appropriate, not less than one special education provider of the child
    • A representative of the public agency who
      • Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities
      • Is knowledgeable about the general curriculum; and
      • Is knowledgeable about the availability of resources of the public agency
    • An individual who can interpret instructional implications of evaluation results,
    • Other individuals who have knowledge or special expertise regarding the child (at the discretion of the parent or school District),
    • Transition service representative if applicable
    • If appropriate, the child.

 

Placement Decisions (Ed 1111)

The decision where a child with a disability receives supports and services shall occur after the development and approval of the individualized education program (IEP). The placement decision shall be based on the unique educational needs of the child as specified in the individualized education program and the requirements for placement in the least restrictive environment.

In making placement decisions, the IEP team shall:

  • Draw upon information from a variety of sources, including but not limited to aptitude and achievement tests and teacher recommendations;
  • Consider information about the student’s physical condition, social or cultural background, and adaptive behavior;
  • Ensure that information obtained from all of these sources is documented and carefully considered;
  • Ensure that the placement decision is made by a group of persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.
  • The District shall ensure that to the maximum extent appropriate, children with disabilities, including children in public or private providers of special education, are educated with children who do not have disabilities and that, consistent with 34 CFR 300.114, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or the severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (Ed 1111.01 (a))
 

The District shall offer a continuum of alternative learning environments from least restrictive to most restrictive and shall be available for children with disabilities including children of preschool age. Supplementary services shall be provided in conjunction with regular class placement.

 

Each child’s educational placement shall be reviewed annually and shall be based on his/her individualized education program (IEP). The placement shall be as close as possible to the child’s home. If possible, a child with a disability shall be educated in the school he/she would attend if a disability did not exist. The least restrictive environment shall be selected with consideration given to any potentially harmful effects to the child or on the quality of services described in the child’s individualized education program.

 

The District shall ensure that children with disabilities participate with non-disabled peers, to the maximum extent possible, in non-academic activities such as recess, lunch and specials (i.e. art, music).

 

The District shall ensure that parents are afforded the same notification for placement meetings as they receive for IEP meetings, including a minimum of 10-day notice, unless the 10-day notice requirement is waived in writing. Special education placements shall require written consent from parents prior to implementation and shall be determined at least annually.

 

Graduation from high school with a regular high school diploma shall constitute a change in placement, requiring written prior notice and parental consent. Graduation from high school with a regular high school diploma does not however, require evaluations to discharge from special education services. A summary of performance shall be developed by the student, IEP team and parents to facilitate information sharing after the student leaves school.
 

Home Instruction

A child with a disability receives all or a portion of his/her special education program at home in accordance with Ed 1111.04.

  • Preschool students with disabilities may receive all or a portion of their special education program at home depending upon the need as specified in the IEP.
  • Home instruction for children at least six years of age but less than 21 years of age shall include a minimum of ten hours per week of instruction, including special education services and related services as specified in the child’s IEP.
  • Home instruction for children at least six years of age but less than 21 years of age shall not include parent designed home instruction programs as authorized in Ed 315.
  • A child’s placement is determined at least annually and is based on the child’s IEP.
  • Children who are placed in home instruction shall be allowed to participate with nondisabled children to the maximum extent appropriate to the needs of the child.
  • The length of the school year and school day for a home instruction placement shall be consistent with RSA 186-C:15 except when the Superintendent has excused a student from full-time attendance in which case the Superintendent and parent shall agree on the number of hours per week of instruction, including special education and related services.
  • A child with a disability who is in a hospital or institution shall receive special education or special education and educationally related services in that setting.
 

EXTENDED SCHOOL YEAR SERVICES (ESY) (Ed 1110)

Extended school year services are special education and related services provided to a child with a disability beyond the normal school year and in accordance with the child's IEP, and at no cost to the parents of the child. The District ensures that ESY services are available as necessary to provide each child with a disability a free, appropriate public education (FAPE).
 
The child's IEP team determines the child's need for extended school year services. Extended school year services are not limited to the summer months or to predetermined program design.
 
ESY services, other than those provided by a NH Department of Education approved special education program which the child attends, are monitored by District personnel on no less than a weekly basis. (Ed 1110.01 (c))
 

CONTINUUM OF EDUCATION ENVIRONMENTS

The following is a list of the educational environments to be considered when making placement decisions after agreement to the Individualized Education Program (IEP). The IEP team shall keep in mind that all children with disabilities must be placed in the least restrictive environment for implementing the student’s specialized instruction as detailed in their IEP.

Regular Education Setting: A child with a disability attends regular class with supports and services  required in the IEP.

Resource Room:  A child with a disability attends a regular class and receives assistance at or through the special education resource room for no more than 60% of the child’s school day.

Self-contained Special Education Class: A child with a disability attends a self-contained special class for more than 60% of their school day.

Separate Approved Special Education Program/School: A child with a disability attends a publicly or privately-operated special education program/school.

Residential placement: A child with a disability attends a publicly or privately-operated residential program.

Home Instruction: A child with a disability receives all or a portion of her/his special education program at home in accordance with Ed 1111.05.

Hospital or institution: A child with a disability receives special education while in a hospital or institution.

For a complete description of the above placement options, see the NH Standards - Ed 1111.01(b), Table 1100.3 Continuum of Alternative Learning Environments – Ages 6-22.
 
Preschool children shall be educated in a setting that is appropriate to implement the IEP. (Ed 1100.02 (b)) 
 
Preschool children with disabilities may receive their special education program in any of the settings listed below. (Ed 1111.02 (c) and Table 1100.3 Continuum of Alternative Learning Environments – Pre-school)
 

Early childhood program: A preschool child with a disability attends an early childhood program that includes at least 50% nondisabled children.

Home: A preschool child with a disability receives all or some of his/her supports and services in the child’s home.

Early childhood special education program: A preschool child with a disability attends an early childhood special education program which can include any of the classrooms described in Ed 1113.10(c)(5).

Service Provider Location: A preschool child with a disability receives supports and services from a service provider.

Separate school: A preschool child with a disability attends a publicly or privately-operated separate day school facility designed specifically for children with disabilities.

Residential facility: A preschool child with a disability attends a publicly or privately-operated residential school or residential medical facility on an inpatient basis.