Transition Age Rights in New Hampshire
What are the transition age rights for IEP students in New Hampshire?
In New Hampshire, transition planning for students with disabilities must begin no later than the first IEP to be in effect when the child turns 14 (per Ed 1109.01(a)(10)) years old, or younger if the IEP team determines it appropriate (Ed 1109.03 and §300.320(b)). The IEP must include appropriate measurable postsecondary goals related to training, education, employment, and independent living skills (where appropriate), along with the transition services and courses of study needed to help the student reach those goals. Beginning not later than one year before the student reaches the age of majority under state law, the IEP must include a statement that the student has been informed of their rights that will transfer to them at age of majority. At age 18 or older (or if emancipated per state law), students become "adult students" and may have decision-making authority over their own IEPs. New Hampshire requires school districts to notify the NH Department of Education within 5 instruction days if a parent rejects an IEP proposal, and the department must provide parents a description of available dispute resolution processes within 30 business days. When transition services from other agencies are needed, those agencies must be invited to participate in IEP team meetings. Financial responsibility for related services provided to students attending Career and Technical Education (CTE) programs falls to the school district where the student resides.
What New Hampshire Requires
Transition planning must be included in the IEP beginning not later than the first IEP in effect when the child turns 14 (per Ed 1109.01(a)(10)) years old, or younger if the IEP team determines it appropriate (Ed 1109.03, §300.320(b)).
The IEP must include measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and independent living skills, along with the transition services and courses of study needed to reach those goals.
Beginning not later than one year before the student reaches the age of majority under New Hampshire law, the IEP must include a statement that the student has been informed of the rights under IDEA that will transfer to the student at age of majority (§300.320(c)).
When transition services from other public agencies are anticipated, representatives of those agencies who are likely to be responsible for providing or paying for transition services must be invited to the IEP team meeting (§300.321(b)(3)).
At age 18 or older (or if emancipated), a student becomes an "adult student" (Ed 1102.01(f)) and may assume decision-making authority regarding their own IEP; the IEP must inform the student of this transfer of rights.
Key Timelines
Transition planning must begin no later than the first IEP to be in effect when the child turns 14 (per Ed 1109.01(a)(10)) years old (or younger if IEP team determines appropriate) – Ed 1109.03, §300.320(b)
By not later than one year before the student reaches the age of majority under state law, the IEP must include a statement that the student has been informed of rights that transfer at age of majority – §300.320(c)
School districts must notify the NH Department of Education within 5 instruction days if a parent rejects an IEP proposal – RSA 186-C:7, VI
Within 30 business days of a parental refusal notification, the department must provide parents a description of available dispute resolution processes – RSA 186-C:7, VI