N.H. Admin. Code § Ed 1126.01

Current through Register No. 45, November 7, 2024

Section Ed 1126.01 - Local Education Agency Request for Special Education Funds

(a) Each LEA shall file a written request for federal special education funds with the department in order to qualify for assistance under the IDEA as provided in 34 CFR 300.200. LEAs shall review their requests annually and make revisions as necessary. The LEA's request and any revisions shall be submitted to the department for approval. Requests that are in compliance with the requirements and criteria established in 34 CFR 300.201 through 34 CFR 300.212 and Ed 1126.01 shall be approved. LEAs not having an approved request in effect shall not be eligible to receive state or federal special education funds.

(b) The LEA request shall fully and accurately describe the LEA's policies and procedures regarding the provision of FAPE to all children with disabilities and include:

(1) A child find component in compliance with Ed 1105;

(2) A confidentiality component that shall describe the LEA's policies and procedures to ensure confidentiality of student records;

(3) A section on special education facilities, personnel, and services that shall provide a detailed description of all facilities, personnel, and services the LEA is required to make available in those instances where the educational needs of the child with a disability cannot be met in a regular education setting:

a. Regional programs the LEA shall make available to children with disabilities;

b. Non-public schools within the LEA serving children with disabilities;

c. Non-public schools the LEA shall use for out-of-LEA placements for children with disabilities; and

d. Vocational programs the LEA shall provide for children with disabilities;

(4) A personnel development component describing the LEA's policies and procedures to ensure that professional development opportunities shall be available to teachers, staff and administrators which enhance their knowledge and skills related to the education of children with disabilities, including a description of current in-service activities and those for the next school year;

(5) A parent involvement component that shall describe the LEA's policies and procedures, specifying the participation of parents in the process of identifying, evaluating, developing IEPs, and determining placement of children with disabilities;

(6) A public participation component that shall describe the LEA's policies and procedures to ensure the LEA application is available for review by parents, other agencies, and the general public;

(7) A procedural safeguards component describing the LEA's policies and procedures which shall ensure that due process, confidentiality, and other required procedural safeguards are available in written form to children with disabilities and their parents;

(8) A pupil evaluation to placement section describing the LEA's policies and procedures for referral, evaluation, development of IEPs, and placement for children with disabilities which shall describe, in chronological order, all participants in the decision making and implementation;

(9) A program evaluation component that shall describe the LEA's policies and procedures for determining:

a. The degree to which the special education or special education and related services being provided for children with disabilities are effectively meeting the identified needs of the children with disabilities;

b. The methods the LEA shall use for determining program deficiencies and future needs;

c. Strategies designed to eliminate identified gaps and program needs; and

d. A plan aimed at complying with findings of the report issued by the commissioner of education following an on-site compliance monitoring review of the LEA's special education programs and the LEA's implementation of the IDEA by the LEA pursuant to the LEA's duties as assigned by RSA 186-C:5;

(10) A component concerning other agencies that shall describe the LEA's policies and procedures to ensure coordination with other local and state agencies in meeting the needs of children with disabilities;

(11) A component that shall describe the LEA's policies and procedures to ensure that children with disabilities enrolled in private schools by parents who reside in the jurisdiction of the LEA have the opportunity for equitable participation in special education programs in accordance with Ed 1111; and

(12) A component that shall describe the LEA's reasonable steps to ensure that children with disabilities who need instructional materials in accessible formats receive those materials at the same time other children receive instructional materials.

(c) With respect to children with disabilities placed by their parents in private schools, whether or not FAPE is an issue, an LEA's application as required by Ed 1126.01 shall contain:

(1) A description of how the LEA shall meet the federal requirements for participation by these children;

(2) The number of children who have been identified as eligible for IDEA -funded program benefits;

(3) The number of children who shall receive benefits under the IDEA -funded program;

(4) The basis the LEA used to select the children;

(5) The manner and extent to which the LEA consulted with representatives of private school children with disabilities;

(6) The places and times that children will receive benefits under the program; and

(7) The differences, if any, between the IDEA-funded program benefits the LEA shall provide to public and private school students and the reasons for the differences.

N.H. Admin. Code § Ed 1126.01

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.