Special Education Terms in New Hampshire
What special education terms does New Hampshire use?
New Hampshire special education uses terminology defined in Ed 1102, the state's Standards for the Education of Children with Disabilities (adopted 2017, amended through 2025). Key terms are organized alphabetically in Ed 1102 and cross-reference federal IDEA definitions in 34 CFR 300 and state law (RSA 186-C). NH follows federal definitions for most terms—including 'Free Appropriate Public Education' (FAPE), 'Individualized Education Program' (IEP), 'Least Restrictive Environment' (LRE), and 'IEP Team'—but has added state-specific definitions. Notable NH-specific terms: 'Accommodations' (Ed 1102.01(b)) = changes to instruction/materials/assessment that do not alter rigor or validity; 'Modifications' (Ed 1102.01(b)) = changes that do alter rigor or validity; 'Adult Student' (Ed 1102.01(f)) = a student who has reached age 18 and to whom rights have transferred; 'Aversive Behavioral Intervention' (Ed 1102.01(m)) = prohibited procedures involving physical or psychological harm. New definitions added effective 9/5/2025 include 'Acquired Brain Injury,' 'Approved Educational Environment,' and 'Functionally Blind' (based on visual acuity, field of vision, or functional limitations). Effective 9/5/2025, RSA 186-C:2 expanded 'Approved Program' to include chartered public schools, public academies, and joint maintenance agreements.
What New Hampshire Requires
NH special education definitions in Ed 1102 align with federal IDEA definitions in 34 CFR 300 unless NH has adopted additional or different language; parents should check Ed 1102 for the exact NH definition of any special education term (Ed 1102).
Key NH-specific definitions: 'Accommodations' (changes not altering rigor/validity) vs. 'Modifications' (changes that do alter rigor/validity) are separately defined in Ed 1102.01(b); 'Adult Student' (Ed 1102.01(f)) = a student aged 18 or older to whom IDEA rights have transferred.
FAPE in NH is consistent with federal standards under 34 CFR 300.17: special education and related services provided at public expense, under public supervision and direction, in conformity with an IEP developed according to Ed 1109 (Ed 1102; RSA 186-C:7).
NH expanded the definition of 'Approved Program' effective 9/5/2025 to include chartered public schools, public academies, and joint maintenance agreements in addition to traditional school districts and private providers—affecting where a child may receive FAPE (RSA 186-C:2).
NH recognizes 'Developmental Delay' for children ages 3-9 as an alternative eligibility category (Ed 1102; RSA 186-C:2, I-a), allowing identification without naming a specific disability; new definitions for 'Functionally Blind' (visual acuity of 20/200 or less, visual field of 20 degrees or less, or functional limitations) were added effective 9/5/2025 (RSA 186-C:2).
Key Timelines
State complaint summaries must be published on the NHDOE website within 30 days of issuance of the final decision (RSA 186-C:5-a, II, effective 9/1/2025).
Annual state complaint reports must be published by July 1st each year beginning in 2026 (RSA 186-C:5-a, III, effective 9/1/2025).
When a parent rejects an IEP proposal, the school district must notify NHDOE within 5 instruction days and provide the parent with dispute resolution information within 30 business days (Ed 1120.04(c)).
Initial IEP must be in effect within 30 calendar days of eligibility determination; reevaluation required at least every 3 years (Ed 1109.03; 34 CFR 300.303(b)).