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RSA 186-C:7 · Individualized Education Programs

Title
XV: EDUCATION
Chapter
186-C · SPECIAL EDUCATION
Status
current
Official source linked
Yes
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186-C:7 Individualized Education Programs. –

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I.

The development of an individualized education program for each child with a disability shall be the responsibility of the school district in which the child resides or of the school district which bears financial responsibility for the child's education.

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II.

The parents of a child with a disability have the right to participate in the development of the individualized education program for the child and to appeal decisions of the school district regarding such child's individualized education program as provided in rules adopted in accordance with RSA 541-A by the state board of education.

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III.

Each child's individualized education program shall include short-term objectives or benchmarks unless the parent agrees that they are not necessary for one or more of the child's annual goals.

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IV.

If a functional behavioral assessment exists for the student and if the IEP team has determined a positive intervention plan is appropriate after review of the functional behavioral assessment, the child's individualized education program shall include data from the functional behavioral assessment with recommendations and reference to a positive behavior intervention plan that is developed in addition to the IEP. Districts shall refer to 34 C.F.R. 530 in its entirety to determine their responsibilities for discipline procedures under IDEA.

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V.

The school district may provide the written notice and records regarding the child's individualized education program required under this chapter to the parent by electronic mail, unless the parent elects to receive such information by U.S. mail.

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VI.

To assist parents and schools, local school districts shall notify the department through the special education information system that an individualized education program, educational placement, identification, or evaluation of a child has been rejected by the parent within 5 instruction days of the decision. Within 30 business days following notification, the department shall communicate to the parent a description of the available resolution processes and sources for information or assistance in pursuing resolution. The department may use personally identifiable information in the special education information system to mail or email the parent the description of the referenced dispute resolution process. Source. 1981, 352:2. 1985, 269:5. 1987, 345:1, 4. 1990, 140:2, X; 162:4. 1992, 238:2. 1994, 379:20. 1998, 177:6. 2008, 274:29-32, eff. July 1, 2008; 302:40, eff. Jan. 1, 2009. 2022, 238:3, eff. Jan. 1, 2024. 2024, 351:1, eff. Oct. 1, 2024.

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Source note

Source. 1981, 352:2. 1985, 269:5. 1987, 345:1, 4. 1990, 140:2, X; 162:4. 1992, 238:2. 1994, 379:20. 1998, 177:6. 2008, 274:29-32, eff. July 1, 2008; 302:40, eff. Jan. 1, 2009. 2022, 238:3, eff. Jan. 1, 2024. 2024, 351:1, eff. Oct. 1, 2024.

Source history

  • 1981, 352:2
  • 1985, 269:5
  • 1987, 345:1, 4
  • 1990, 140:2, X; 162:4
  • 1992, 238:2
  • 1994, 379:20
  • 1998, 177:6
  • 2008, 274:29-32, eff. July 1, 2008; 302:40, eff. Jan. 1, 2009
  • 2022, 238:3, eff. Jan. 1, 2024
  • 2024, 351:1, eff. Oct. 1, 2024

Related materials

Bill relationships

  • 2026 HB1548 amend

    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

    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 HB1563 amend · effective 2028-07-01

    de, but not be limited to, daily schedules, payroll records, and invoices. 4 New Section; Special Education; Administration and Monitoring of State Special Education Aid. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Administration and Monitoring of State Special Education Aid. I. Each school district seeking reimbursement under this chapter shall submit to th

  • 2026 HB1563 reference · effective 2028-07-01

    vidual student, the costs shall be incurred solely as a result of the provision of special education and related services to the student’s individual education program pursuant to RSA 186-C:7. (b) All services included in a claim for special education aid shall be specified and documented in an IEP and tied to the child's disability related needs and program. Such costs shall be necessary, reasonable, dire

  • 2026 HB1563-FN-L amend · effective 2028-07-01

    de, but not be limited to, daily schedules, payroll records, and invoices. 4 New Section; Special Education; Administration and Monitoring of State Special Education Aid. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Administration and Monitoring of State Special Education Aid. I. Each school district seeking reimbursement under this chapter shall submit to th

  • 2026 HB1563-FN-L reference · effective 2028-07-01

    vidual student, the costs shall be incurred solely as a result of the provision of special education and related services to the student’s individual education program pursuant to RSA 186-C:7. (b) All services included in a claim for special education aid shall be specified and documented in an IEP and tied to the child's disability related needs and program. Such costs shall be necessary, reasonable, dire

  • 2026 HB1564 related · effective 2027-01-01

    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

  • 2026 HB1564-FN related · effective 2027-01-01

    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

  • 2026 HB1791 amend · effective 2027-01-01

    he Senate and House of Representatives in General Court convened: 1 New Section; Inclusive Higher Education Grant Program for Students with Developmental Disabilities. Amend RSA 186-C by inserting after section 12 the following new section: 186-C:12-a Inclusive Higher Education Grant Program for Students with Developmental Disabilities Established. I. The department of education shall establish

  • 2026 HB1791-FN-A amend · effective 2027-01-01

    he Senate and House of Representatives in General Court convened: 1 New Section; Inclusive Higher Education Grant Program for Students with Developmental Disabilities. Amend RSA 186-C by inserting after section 12 the following new section: 186-C:12-a Inclusive Higher Education Grant Program for Students with Developmental Disabilities Established. I. The department of education shall establish

  • 2026 HB1835 reference

    vices provided to a "child with a disability," as defined by RSA 186-C:2, I, necessary to comply with the individual education program to be implemented for that child pursuant to RSA 186-C:7 or required under federal law pursuant to the Individuals with Disabilities Education Act, 20 United States Code section 1400. ?? The state, through the department of education, shall reimburses 80 percent of special ed

  • 2026 HB1835-FN reference

    vices provided to a "child with a disability," as defined by RSA 186-C:2, I, necessary to comply with the individual education program to be implemented for that child pursuant to RSA 186-C:7 or required under federal law pursuant to the Individuals with Disabilities Education Act, 20 United States Code section 1400. ?? The state, through the department of education, shall reimburses 80 percent of special ed