New Hampshire Revised Statutes 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.
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 N.H. Rev. Stat. Chapter 541-A by the state board of education.
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.
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.
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 N.H. Rev. Stat. Chapter 541-A by the state board of education.
Terms Used In New Hampshire Revised Statutes 186-C:7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
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.
[Paragraph IV effective January 1, 2024.]
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.