Independent Educational Evaluation (IEE) in New Hampshire
How do you get an independent educational evaluation (IEE) in New Hampshire?
In New Hampshire, parents of children with disabilities have specific rights throughout the IEP (Individualized Education Program) process under state law (RSA 186-C) and federal IDEA requirements. Most critically, parents have the right to participate meaningfully in all IEP meetings, receive written notice before the school proposes or refuses to initiate or change a child's identification, evaluation, placement, or provision of FAPE (Free Appropriate Public Education), and to challenge school decisions through dispute resolution processes including mediation, neutral conferences, and due process hearings. NH requires school districts to provide parents with procedural safeguards documents and notify them within 5 instruction days if they reject a proposed IEP—within 30 business days, the district must provide available dispute resolution processes. Parents can request independent educational evaluations at public expense if they disagree with school evaluations. In due process hearings, parents now have access to 'automatic discovery,' meaning schools must provide core documents (IEPs, evaluations, progress reports, prior notices from the last 3 years) at least 5 business days before prehearing conferences. School districts may not use aversive behavioral interventions. If a parent cannot be located or refuses to participate, the school may appoint a surrogate parent—NH requires criminal background checks (effective 8/16/2025) for all surrogate parents. All state complaints are tracked and summaries published on the NH Department of Education website within 30 days, with annual reports due July 1st beginning in 2026. Electronic notice to parents is permitted if elected.
What New Hampshire Requires
Parents must receive written notice early enough to allow time to attend IEP meetings, scheduled at mutually agreed times, and the district must take steps to ensure parent participation including arranging interpreters if needed (RSA 186-C:7).
School districts must provide written prior notice to parents before proposing or refusing to initiate or change a child's identification, evaluation, placement, or services; if parents reject a proposal, the district has 30 business days to provide available dispute resolution processes and contact information (Ed 1120.04(c)).
In due process hearings, parents automatically receive 'core documents' (current/proposed IEPs, all prior written notices within 3 years, all evaluations and independent educational evaluations, and progress reports from the last 3 years) at least 5 business days before prehearing conferences—no request needed (RSA 186-C:16-b, III-b(a), effective 6/2/2025).
Parents may request and receive independent educational evaluations at public expense if they disagree with school district evaluations; surrogate parents must pass NH criminal background checks with checks valid for 5 years and disqualifying offenses including drug possession and sexual abuse (RSA 186-C:14, effective 8/16/2025).
All state special education complaints are tracked by the NH Department of Education and complaint summaries (with personally identifiable information redacted) are posted on the department website within 30 days of final decision; annual reports summarizing complaints, resolutions, and systemic issues are published by July 1st each year beginning 2026 (RSA 186-C:5-a, effective 9/1/2025).
Key Timelines
within 5 instruction days after a parent rejects an IEP proposal: school district must notify parent of available dispute resolution processes (Ed 1120.04(c))
30 business days after notification of parental rejection: school district must provide detailed description of available dispute resolution processes and contact information for resources (Ed 1120.04(c))
5 business days before prehearing conference in due process hearing: school district must provide parents with core documents (IEPs, evaluations, prior notices, progress reports from last 3 years) (RSA 186-C:16-b, III-b(a), effective 6/2/2025)
30 days from issuance of final decision: NH Department of Education must post summaries of state complaints on its website with PII redacted (RSA 186-C:5-a, II, effective 9/1/2025)
July 1st each year (beginning 2026): NH Department of Education must publish annual report of state complaint data including total complaints filed, resolution details, and systemic issues identified (RSA 186-C:5-a, III, effective 9/1/2025)
5 years: validity period of criminal background check for surrogate parents; checks must be renewed or completed again after 5 years (RSA 186-C:14, III-a(b), effective 8/16/2025)