IEP Modifications in New Hampshire: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a New Hampshire IEP?
In New Hampshire, modifications are changes to a child's curriculum or instruction that fundamentally alter what is being taught or assessed, as distinct from accommodations. Under Ed 1102.01(b), a modification is defined as "any change in instruction [determined by the IEP team] that does not impact the rigor, validity, or both of the subject matter being taught or assessed." Modifications must be documented in the IEP and are part of the special education and related services statement required under 34 CFR 300.320. When a modification is made, the IEP must clearly describe how the child's progress toward meeting annual goals will be measured, including when periodic reports on progress will be provided. If a student takes an alternate assessment aligned to alternate achievement standards (rather than grade-level standards), the IEP must include a statement of why the student cannot participate in the regular assessment and why the particular alternate assessment is appropriate. Modifications differ from accommodations in that they change the content or rigor of instruction, while accommodations allow access without changing what is taught. Both must be included in the IEP statement of special education and related services and must be based on peer-reviewed research to the extent practicable. NH requires that all modifications be reviewed as part of the IEP development process and documented before implementation.
What New Hampshire Requires
Modifications must be defined in the IEP as changes to instruction that alter the rigor or validity of subject matter, and must be distinguished from accommodations in the IEP document (Ed 1102.01(b)).
The IEP must include a clear description of how the child's progress toward annual goals will be measured when modifications are in place, including when periodic progress reports will be provided to parents (34 CFR 300.320).
If a modification results in the student taking an alternate assessment instead of the regular grade-level assessment, the IEP must include a statement explaining why the student cannot participate in the regular assessment and why the alternate assessment is appropriate (34 CFR 300.320(a)(6)).
All modifications must be based on peer-reviewed research to the extent practicable and must be documented in the statement of special education and related services provided to the child (34 CFR 300.320(a)(4)).
Modifications must be reviewed and revised annually at the IEP meeting, and parents must receive prior written notice of any proposed modifications in accordance with Ed 1120 before implementation.
Key Timelines
Modifications must be included in the initial IEP developed before special education services begin (Ed 1109.03).
IEPs with modifications must be reviewed and revised annually, at minimum, with parents invited to the review meeting (Ed 1109.03).
Parents must be notified early enough of any IEP meeting where modifications will be proposed, with sufficient time to arrange attendance (34 CFR 300.322).