IEP Evaluation Process in New Hampshire

How long does New Hampshire have to complete an IEP evaluation?

In New Hampshire, evaluations are a critical first step in determining if a child has a disability and needs special education services under Chapter Ed 1100 (the NH Standards for the Education of Children with Disabilities) and RSA 186-C. An "evaluation" means the procedures used to determine whether a child has a disability and the nature and extent of special education and related services needed. The evaluation process includes initial evaluations, reevaluations, assessments, a written summary report, and an IEP team meeting to determine eligibility. New Hampshire follows federal IDEA timelines: school districts have 60 calendar days from parental consent to complete an initial evaluation, though this can be extended by mutual written agreement. Parents have the right to independent educational evaluations (IEEs) at public expense if they disagree with the school's evaluation. Evaluations must be conducted by qualified examiners specified in Ed 1107.04 based on the suspected disability category. The state requires evaluations to assess the child's present levels of academic achievement and functional performance, including how the disability affects participation in the general education curriculum. School districts must use multiple assessment tools and cannot rely on any single measure. All evaluations must be culturally and linguistically appropriate, administered in the child's native language or mode of communication, and completed without undue delay. Parent consent is required before conducting initial evaluations and reevaluations.

What New Hampshire Requires

School districts must complete initial evaluations within 60 calendar days from the date of parental written consent (Ed 1107.01; 34 CFR 300.301(c)(1)), though this timeline can be extended by mutual written agreement between the parent and district.

Evaluations must be conducted by qualified examiners as specified in Ed 1107.04, which varies by disability category—for example, a certified school psychologist for intellectual disability or a speech-language pathologist for speech/language impairments.

Parents have the right to request an independent educational evaluation (IEE) at public expense if they disagree with the school's evaluation; the district may ask for a due process hearing to show that its evaluation was appropriate (Ed 1120.07; 34 CFR 300.502).

Evaluations must use multiple assessment tools and measures, administered in the child's native language or mode of communication, and cannot rely on any single test or procedure to determine eligibility (34 CFR 300.304).

School districts must obtain informed written parental consent before conducting an initial evaluation or reevaluation; consent is voluntary and may be revoked at any time (34 CFR 300.9 and Ed 1102.01(x)).

Key Timelines

Initial evaluation: 60 calendar days from parental written consent to completion (Ed 1107.01; 34 CFR 300.301(c)(1)); may be extended by mutual written agreement

Reevaluation: At least once every 3 years, or more frequently if conditions warrant or if parent/teacher requests (34 CFR 300.303(b))

Parental notice and consent: Parent must be notified in writing (in native language) and provide informed written consent before initial evaluation or reevaluation begins (34 CFR 300.300)

IEP team meeting to review evaluation results: Must occur within a reasonable time after evaluation is complete; this triggers the eligibility determination (34 CFR 300.306)

Sources

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