New Hampshire Special Education Requirements
What special education requirements does New Hampshire have beyond federal law?
New Hampshire special education is governed by Ed 1100 (NH Standards for the Education of Children with Disabilities, adopted 2017, amended through 2025), RSA 186-C, and federal IDEA regulations. Key requirements: districts must ensure Free Appropriate Public Education (FAPE) in the least restrictive environment for all eligible children ages 3-21 (RSA 186-C:7; Ed 1109). Initial evaluations must be completed within 60 calendar days of written parental consent (Ed 1107.01), and an initial IEP must be in effect within 30 calendar days of the eligibility determination meeting (Ed 1109.03). NH has enacted enhanced parental protections: automatic discovery of core documents in due process hearings (effective 8/1/2025), criminal background checks for surrogate parents (effective 8/16/2025), and a requirement to report parental refusals of IEP services to the state within 5 instruction days (RSA 186-C:7, VI, effective 1/1/2024). Districts must use functional behavioral assessments when behavior is at issue and may provide IEP notices electronically by default (parents may elect U.S. mail per RSA 186-C:7, V). Expedited due process hearing timelines cannot exceed federal limits under 34 CFR 300.532(c)(2). The state tracks complaints through NHSEIS and publishes annual reports of complaint data beginning July 2026. Financial responsibility for services follows residency: the district where the child resides pays even if the child attends a CTE program in another district (RSA 188-E:1-a, VI(g)).
What New Hampshire Requires
All children with disabilities ages 3-21 must have an IEP developed by an IEP team that includes parents, at least one regular education teacher, at least one special education teacher, and a district representative qualified in special education (Ed 1109; 34 CFR 300.321).
Districts must complete initial evaluations within 60 calendar days of parental written consent (Ed 1107.01; 34 CFR 300.301(c)(1)); an initial IEP must be in effect within 30 calendar days of the eligibility determination meeting (Ed 1109.03).
Parents have the right to automatic discovery of core documents in due process hearings at least 5 business days before any pre-hearing conference, including IEPs, evaluations from the last 3 years, all progress reports, and copies of prior written notices (RSA 186-C:16-b, III-b, effective 8/1/2025).
Districts must report to the state through NHSEIS within 5 instruction days when an IEP or services plan is rejected by a parent; the state must contact the parent with dispute resolution information within 30 business days (RSA 186-C:7, VI, effective 1/1/2024; Ed 1120.04(c)).
Surrogate parents serving children in state custody must pass a criminal history records check valid for 5 years; the department maintains confidentiality and destroys records within 60 days of receipt (RSA 186-C:14, III-a, effective 8/16/2025).
Key Timelines
Initial evaluation: 60 calendar days from parental written consent (Ed 1107.01; 34 CFR 300.301(c)(1)).
Initial IEP in effect: Within 30 calendar days of the eligibility determination meeting, and before services begin (Ed 1109.03; 34 CFR 300.323(c)).
IEP meeting notice: Early enough to permit parent participation; school must make reasonable efforts to include parents and may conduct meeting without parent only after documented attempts to arrange attendance (34 CFR 300.322).
Parental notification of IEP rejection: District must notify state through NHSEIS within 5 instruction days of parent's written rejection; state must respond to parent within 30 business days (RSA 186-C:7, VI; Ed 1120.04(c)).
Due process hearing: District must provide hearing officer with core documents at least 5 business days prior to pre-hearing conference (RSA 186-C:16-b, III-b, effective 8/1/2025); expedited hearing timeline cannot exceed federal 34 CFR 300.532(c)(2) limits (RSA 186-C:16-b, I-a).
State complaint resolution: Department must issue final decision and post summary on website within 30 days of issuance; complaint tracking system must include acknowledgment, response, investigation, and resolution dates (RSA 186-C:5-a, effective 9/1/2025).
Surrogate parent criminal background check: Valid for 5 years from approval date; department destroys all criminal history records within 60 days of receipt (RSA 186-C:14, III-a, effective 8/16/2025).
Annual state complaint report: Published by July 1 each year beginning 2026, summarizing total complaints filed, resolutions, and systemic issues identified (RSA 186-C:5-a, III, effective 9/1/2025).