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RSA 186-C:16-b · Due Process Hearing; Appeal

Title
XV: EDUCATION
Chapter
186-C · SPECIAL EDUCATION
Status
current
Official source linked
Yes
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186-C:16-b Due Process Hearing; Appeal. –

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I.

Any action against a local school district seeking to enforce special education rights under state or federal law shall be commenced by requesting an administrative due process hearing from the department of education within 2 years of the date on which the alleged violation was or reasonably should have been discovered. I-a. In no case may an expedited due process hearing pursuant to 34 C.F.R. section 300.532(c)(2) exceed the timeline for conducting a regular due process hearing pursuant to 34 C.F.R. section 300.515(a).

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II.

Notwithstanding the provisions of paragraph I, any action against a local school district to recover the costs of a unilateral special education placement shall be commenced by requesting an administrative due process hearing from the department of education within 90 days of the unilateral placement.

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III.

Where the parent, legal guardian or surrogate parent has not been given proper written notice of special education rights pursuant to 20 U.S.C. section 1415(d), including notice of the time limitations established in this section, such limitations shall run from the time notice of those rights is properly given. The department of education shall make available a model notice of rights which school districts may use as one means of complying with this paragraph. III-a. In all hearings the school district shall have the burden of proof, including the burden of persuasion and production, of the appropriateness of the child's program or placement, or of the program or placement proposed by the public agency. This burden shall be met by a preponderance of the evidence. III-b. (a) The school district shall provide to the hearing officer assigned, with a copy to the parents, not less than 5 business days prior to any prehearing conference described in 20 U.S.C. section 1415(f)(2)(a) and RSA 541-A:31, V(c), items and information in the possession, custody or control of the school district, which shall form a set of core documents in every due process case.

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(b)

The specific core documents shall be limited to:

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(1)

Documentation of the IEP team's deliberation and conclusions for the federal eligibility determination if eligibility is at issue in the due process complaint, pursuant to 20 U.S.C section 1414(b)(4) and 34 C.F.R. section 300.306;

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(2)

Current and/or partially accepted IEPs in place within the last 3 years;

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(3)

Complete and/or partial IEPs currently being proposed by the school district;

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(4)

Copies of all written prior notices within the last 3 years;

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(5)

Copies of any evaluations by school district staff or independent contractors of the school district at the school district's request, pursuant to 20 U.S.C. section 1414(a) and 34 C.F.R. sections 300.301 and 305, within the last 3 years;

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(6)

Copies of any independent educational evaluations, and written recommendations from outside providers, pursuant to 20 U.S.C. section 1415(d)(2)(b) and 34 C.F.R. section 300.502 regarding eligibility, placement or the IEP program or services that were presented to the IEP team within the last 3 years; and

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(7)

All progress reports, pursuant to 20 U.S.C. section 1412(a)(15) and 34 C.F.R. section 300.157, related to IEP goals, benchmarks, short-term objectives, or progress toward meeting the annual IEP goals, within the last 3 years.

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(c)

This paragraph's provision for requiring the presentation of core documents listed above shall not interfere with and does not negate any right or obligation of either party to comply with voluntary discovery requests and the presentation of supplementary information. This supplemental provision and disclosure of documents shall occur pursuant to the timelines described in 20 U.S.C sections 1415(f)(2) and 1415(h) and 34 C.F.R. section 300.512(b).

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(d)

An updated copy of the procedural safeguards pursuant to 20 U.S.C. section 1415(d) and 34 C.F.R. section 300.504, including this section, shall be given to the parents of a child with a disability before the child's next IEP meeting.

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IV.

An appeal from a final administrative decision in a special education due process hearing to a court of competent jurisdiction pursuant to 20 U.S.C. section 1415(i)(2)(A) shall be commenced within 120 days from receipt of the final decision. All such decisions shall be sent certified mail, return receipt requested.

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V.

An action pursuant to 20 U.S.C. section 1415(i)(3) seeking reimbursement for attorney's fees or seeking reimbursement for expert witness fees shall be commenced within 120 days from receipt of the final decision in accordance with RSA 186-C:16-b, IV. All such decisions shall be sent certified mail, return receipt requested.

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(a)

The court may award reimbursement to a parent of a child with a disability for expert witness fees incurred as part of a due process complaint at which the parent was the prevailing party and when the court determines that a school has not acted in good faith in developing or implementing a child's individualized education program, including appropriate placement.

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(b)

The court may deny or reduce reimbursement of expert witness fees if the hearing officer determines:

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(1)

The expert witness was not a necessary component to the parent's complaint.

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(2)

The expert witness fee exceeds an amount that is reasonable, given the type and location of the service provided and the skill, reputation, and experience of the expert witness.

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(3)

The parent, or the parent's attorney, did not provide notice to the school district of their intent to have the expert witness participate in the due process hearing.

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VI.

Where a unilateral placement has been made, without the school district of residence being offered a reasonable opportunity to evaluate the child and to develop an individualized education program, reimbursement may not be sought for any costs incurred until the school district is given an opportunity to evaluate the child and develop an individualized education program. Source. 1992, 114:2. 2008, 274:32, eff. July 1, 2008; 302:19, eff. Jan. 1, 2009. 2021, 158:1, eff. July 29, 2021. 2025, 72:1, eff. Aug. 1, 2025; 73:1, eff. June 2, 2025.

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Source note

Source. 1992, 114:2. 2008, 274:32, eff. July 1, 2008; 302:19, eff. Jan. 1, 2009. 2021, 158:1, eff. July 29, 2021. 2025, 72:1, eff. Aug. 1, 2025; 73:1, eff. June 2, 2025.

Source history

  • 1992, 114:2
  • 2008, 274:32, eff. July 1, 2008; 302:19, eff. Jan. 1, 2009
  • 2021, 158:1, eff. July 29, 2021
  • 2025, 72:1, eff. Aug. 1, 2025; 73:1, eff. June 2, 2025

Related materials

Bill relationships

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    emies. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Reporting and Publication of Special Education Cost Data. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Reporting and Publication of Special Education Cost Data. The department of education shall provide the legislature and publish on its website a rep

  • 2026 HB1548-FN amend

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    lly disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service

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