IEP Timelines in New Hampshire

What are the IEP timelines in New Hampshire?

New Hampshire special education timelines are governed by Ed 1100 (NH Standards for the Education of Children with Disabilities), RSA 186-C, and federal IDEA regulations (34 CFR 300). The state generally follows federal timelines but has added several state-specific requirements. Key timelines include: initial evaluations must be completed within the federal default of 60 calendar days (or state-established timeline if different); IEP meetings must be held at least annually and reviewed/revised as appropriate; due process complaints must be resolved through either expedited hearings (which cannot exceed 45 calendar days per RSA 186-C:16-b, I-a) or regular hearings (per 34 CFR 300.515); and prior written notice must be provided before proposing or refusing to initiate changes to a child's identification, evaluation, placement, or FAPE provision. New Hampshire requires school districts to notify the Department of Education within 5 instruction days when a parent rejects an IEP proposal (Ed 1120.04(c)), and the department must then provide parents with dispute resolution options within 30 business days. For automatic discovery in due process hearings, core documents must be provided not less than 5 business days before any prehearing conference (RSA 186-C:16-b, III-b(a), effective 6/2/2025). State complaint investigations follow federal timelines under 34 CFR 300.152, with summaries of complaints posted within 30 days of final decision. The sources indicate that these timelines should align with federal IDEA defaults unless state law is more protective.

What New Hampshire Requires

Initial evaluations must be completed within 60 calendar days from referral (federal default; check if NH has adopted a different state-specific timeline in Ed 1107).

Parents must be notified within 5 instruction days if they reject an IEP proposal, and the school district must offer dispute resolution options within 30 business days of that notification (Ed 1120.04(c)).

Expedited due process hearings cannot exceed 45 calendar days from the date the complaint is filed (RSA 186-C:16-b, I-a); regular due process hearings follow federal timelines under 34 CFR 300.515(a).

Core documents for due process hearings must be provided to the hearing officer and parents not less than 5 business days before any prehearing conference (RSA 186-C:16-b, III-b(a), effective 6/2/2025).

IEP meetings must occur at least annually; IEPs must be implemented as soon as possible following development and before any delay in service delivery (Ed 1109.03 and 34 CFR 300.323).

Key Timelines

Initial evaluation: 60 calendar days from referral (federal default per 34 CFR 300.304; verify if NH has adopted alternative timeline in Ed 1107)

IEP team meeting notification: Early enough before meeting to ensure parent participation; meeting at mutually agreed time (34 CFR 300.322)

Annual IEP review/revision: At least annually and more frequently if appropriate (34 CFR 300.323; Ed 1109.03)

Parent notification of IEP rejection: Within 5 instruction days of parent rejecting IEP proposal, school must notify department (Ed 1120.04(c))

Dispute resolution options provided to parent: Within 30 business days of IEP rejection notification (Ed 1120.04(c))

Expedited due process hearing decision: Not to exceed 45 calendar days from filing of complaint (RSA 186-C:16-b, I-a)

Regular due process hearing decision: Per federal timeline in 34 CFR 300.515(a)

Automatic discovery—core documents to hearing officer: Not less than 5 business days before any prehearing conference (RSA 186-C:16-b, III-b(a), effective 6/2/2025)

State complaint summaries posted: Within 30 days of issuance of final decision (RSA 186-C:5-a, II)

Annual report on state complaints: By July 1st each year beginning in 2026 (RSA 186-C:5-a, III)

Sources

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