Required IEP Sections in New Hampshire
What sections are required in an IEP in New Hampshire?
New Hampshire IEPs must include all sections required under federal IDEA (34 CFR 300.320-300.324) plus state-specific additions under Ed 1100. Required sections include: present levels of academic and functional performance (PLAAFP) showing how the disability affects education; measurable annual goals with benchmarks for alternate assessments; description of how progress will be measured and reported; special education and related services based on peer-reviewed research; explanation of time outside regular class; accommodations for state/district assessments or alternate assessment justification; projected dates and frequency of services; and transition services beginning at age 14 (or younger if appropriate per Ed 1109.01(a)(10)) with measurable postsecondary goals. New Hampshire-specific additions: if a functional behavioral assessment (FBA) exists, the IEP must include FBA data and reference a positive behavior intervention plan (RSA 186-C:7, IV). Districts may provide IEPs electronically by default; parents may elect U.S. mail instead (RSA 186-C:7, V). When a parent rejects an IEP proposal, the school district must notify the NH Department of Education through NHSEIS within 5 instruction days and provide the parent a description of available dispute resolution options within 30 business days (Ed 1120.04(c)). All core documents in due process cases must be provided to hearing officers at least 5 business days before any prehearing conference (RSA 186-C:16-b, III-b).
What New Hampshire Requires
Your child's IEP must include present levels of academic and functional performance (PLAAFP), measurable annual goals with progress measurement plans, description of special education and related services, and explanation of any time the child won't be with nondisabled peers (Ed 1109; 34 CFR 300.320).
If your child has a functional behavioral assessment (FBA), the IEP must include FBA data and reference to a positive behavior intervention plan (RSA 186-C:7, IV, effective 1/1/2024).
Transition services must be included in the IEP beginning no later than when the child turns 14 (Ed 1109.01(a)(10)) or younger if the IEP team determines it appropriate, with measurable postsecondary goals related to education, employment, and independent living (34 CFR 300.320(b)).
If you reject your child's IEP, the school district must notify the NH Department of Education within 5 instruction days (not business days) and must provide you with a written description of available dispute resolution processes within 30 business days (Ed 1120.04(c)).
You have the right to receive your child's IEP in writing at no cost; the school may provide it electronically by default unless you elect to receive U.S. mail (RSA 186-C:7, V).
Key Timelines
Initial IEP must be developed and in effect within 30 calendar days of the eligibility determination meeting, and before special education and related services are made available to the child (Ed 1109.03; 34 CFR 300.323(c)).
Transition services must begin in the IEP no later than when the child turns 14 (Ed 1109.01(a)(10)) years old, or younger if the IEP team determines it appropriate (34 CFR 300.320(b)).
When a parent rejects an IEP proposal, the district must notify the NH Department of Education within 5 instruction days of the rejection (Ed 1120.04(c)).
Within 30 business days of a parent rejecting an IEP proposal, the district must provide the parent written notice describing available dispute resolution processes and sources for assistance (Ed 1120.04(c)).
At the beginning of each school year, the IEP must be in effect for each child with a disability (34 CFR 300.323(a); Ed 1109.03).
In due process hearings, all core documents must be provided to the hearing officer at least 5 business days prior to any prehearing conference (RSA 186-C:16-b, III-b(a)).