IDEA Disability Categories in New Hampshire
What disability categories qualify for an IEP in New Hampshire?
New Hampshire recognizes 13 disability categories under state law (RSA 186-C and Ed 1100) that align with federal IDEA definitions: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment including blindness. NH also recognizes two additional categories not always used in other states: acquired brain injury (defined as brain injury occurring after birth from trauma, infection, or lack of oxygen) and developmental delay for children ages 3-9. Children must be evaluated in accordance with Ed 1107 by qualified examiners to determine eligibility. A child is eligible for special education if evaluated and determined to have a disability under 34 CFR 300.8 and to need special education and related services. NH defines "functionally blind" under RSA 186-C:2 (functionally blind definition, added by 2025, 156:1), requiring visual acuity of 20/200 or less in the better eye with best correction, or a visual field no greater than 20 degrees, or medically indicated visual deterioration. The state requires that evaluations use research-based assessment procedures consistent with Ed 1107 and 34 CFR 300.304-311. Once identified, children with disabilities are entitled to a free appropriate public education (FAPE) in the least restrictive environment, with services detailed in an Individualized Education Program (IEP) developed by an IEP team.
What New Hampshire Requires
New Hampshire recognizes 13 federal disability categories plus two state-specific categories (acquired brain injury and developmental delay for ages 3-9) under Ed 1100 and RSA 186-C; children must be formally evaluated by qualified examiners to determine eligibility for special education.
Evaluations must follow Ed 1107 procedures using research-based assessment tools consistent with 34 CFR 300.304-311; evaluators must have qualifications specified in Ed 1107.04 and Table 1100.1.
Developmental delay applies only to children ages 3-9 who show delays in physical, cognitive, communication, social/emotional, or adaptive development and need special education or related services as measured by appropriate diagnostic instruments.
"Functionally blind" under RSA 186-C:2 (functionally blind definition, added by 2025, 156:1) requires visual acuity of 20/200 or less in the better eye with best correction, OR a visual field no greater than 20 degrees, OR medically indicated visual deterioration that restricts the ability to read and write standard print.
Once a child is determined eligible under one or more disability categories, the child is entitled to FAPE in the least restrictive environment (LRE) and must have an IEP developed by an IEP team within required timeframes per Ed 1109.
Key Timelines
Initial evaluation must be completed within 60 calendar days from parental consent (Ed 1107.01; 34 CFR 300.301(c)(1))
IEP must be in effect by the beginning of each school year for each child with a disability within the district's jurisdiction (Ed 1109.03 and 34 CFR 300.323)
For children turning 3 during a school year, an IEP or IFSP must be in effect before their 3rd birthday to ensure continuity of services (34 CFR 300.323(b))
Reevaluation must occur at least once every 3 years, or more frequently if conditions warrant or parent/teacher requests (34 CFR 300.303(b), consistent with Ed 1107)