IEP Eligibility in New Hampshire: Who Qualifies?
What qualifies a child for an IEP in New Hampshire?
In New Hampshire, a child with a disability is eligible for special education services if they meet one of three criteria under RSA 186-C and Ed 1100. First, the child must be aged 3-21 and identified as having one of 13 disability categories defined in 34 CFR 300.8, including autism, intellectual disability, emotional disturbance, specific learning disability, hearing or visual impairment, orthopedic impairment, other health impairment, speech/language impairment, traumatic brain injury, deaf-blindness, multiple disabilities, or acquired brain injury (added effective 9/5/2025 under RSA 186-C:2, I-d). Second, children ages 3-9 may be identified as having a developmental delay if they demonstrate delays in one or more areas—physical, cognitive, communication, social/emotional, or adaptive development—and need special education or related services (RSA 186-C:2, I-a and 34 CFR 300.111(b)). Third, children with acquired brain injury (new definition effective 9/5/2025) sustained after birth through trauma, infection, disease, or lack of oxygen resulting in functional or cognitive impairment are eligible. Eligibility determination must follow comprehensive evaluation procedures outlined in Ed 1107, conducted by qualified examiners within specific timelines. The evaluation must assess how the child's disability affects educational performance and involvement in the general curriculum. NH follows federal IDEA defaults for most eligibility requirements but added acquired brain injury as a separate eligibility category, making its standards slightly more inclusive than the federal baseline.
What New Hampshire Requires
A child must be age 3-21 and meet one of 13 federal disability categories (autism, intellectual disability, emotional disturbance, specific learning disability, hearing/visual impairment, orthopedic impairment, other health impairment, speech/language impairment, traumatic brain injury, deaf-blindness, multiple disabilities) OR have acquired brain injury (effective 9/5/2025 per RSA 186-C:2, I-d) to be eligible for special education.
Children ages 3-9 may qualify as having a developmental delay if they show delays in physical, cognitive, communication, social/emotional, or adaptive development and need special education or related services, per RSA 186-C:2, I-a.
Eligibility determination requires a comprehensive evaluation by qualified examiners following procedures in Ed 1107, which must assess how disability affects educational performance and general curriculum involvement within specified timelines.
If a child needs only a related service (not special education), the child is not eligible under IDEA unless the service is determined to be special education under state standards per 34 CFR 300.8(a)(2).
Evaluation reports must document the IEP team's deliberation of eligibility findings and include current assessment results, present levels of academic and functional performance, and educational needs before eligibility is determined per Ed 1107.05 and Ed 1108.
Key Timelines
Initial evaluation must be completed within 60 calendar days from written parental consent, or if the state establishes a different timeline, within that state timeline (follows 34 CFR 300.301(c)(1) default unless NH specifies otherwise—sources do not indicate a different NH timeline).
Once a child is determined eligible, an IEP must be in effect before services are provided; IEP meeting must occur and IEP must be implemented at the beginning of each school year per Ed 1109.03 and 34 CFR 300.323(a).
For children transitioning from Part C (early intervention) to Part B (special education) at age 3, an initial IEP Team meeting must be held and the IEP must be in effect by the child's third birthday or by the start of the school year, whichever is earlier, per 34 CFR 300.323(b) and Ed 1109.02.