Special education and IEP rights in New Hampshire

The law behind your child's rights

Special education in New Hampshire, as in every state, rests on a federal law called the Individuals with Disabilities Education Act, or IDEA. The part that covers school-age children, roughly ages three through twenty-one, is IDEA Part B. This law sets a baseline of rights that applies everywhere in the country, and no state or district can offer your child less than that baseline.

New Hampshire puts these federal rights into practice through its own state education agency, the New Hampshire Department of Education, along with local school districts. The state adds its own procedures and timelines on top of the federal floor, but the core promises below come from IDEA itself and are yours no matter where you live.

The heart of the law is simple: a child with a disability has the right to learn, at public expense, in a program built around who they actually are.

FAPE: a free appropriate public education

The central right under IDEA Part B is the right to a Free Appropriate Public Education, usually shortened to FAPE. It has two halves worth understanding. Free means your family is not charged for the special education and related services your child needs. Appropriate means the program is designed to meet your individual child's needs and to help them make meaningful progress, not simply to place them somewhere convenient.

FAPE is delivered through a written plan called an Individualized Education Program, or IEP. If your child is found eligible, the school must provide the services in that plan at no cost to you.

Least restrictive environment

IDEA also requires that children be educated in the least restrictive environment, or LRE. In plain terms, this means your child should learn alongside children without disabilities as much as is appropriate for them, with the supports and services they need to succeed there. A child should be moved to a more separate setting only when learning in the general classroom, even with aids and services, cannot be achieved satisfactorily. The IEP team decides what is appropriate for your child, and you are a full member of that team.

The evaluation and IEP process

The path into special education generally follows the same shape everywhere, though New Hampshire sets its own specific timelines. Here is the general flow.

1. Referral and evaluation. You, a teacher, or someone else can refer your child for an evaluation. The school must get your written consent before evaluating, then assess your child in all areas related to the suspected disability.
2. Eligibility. A team, including you, reviews the results and decides whether your child has a qualifying disability under IDEA and needs special education because of it.
3. Writing the IEP. If your child is eligible, the team writes the IEP. It describes present levels of performance, sets measurable annual goals, and lists the services, supports, and accommodations the school will provide, along with the child's placement.
4. Services begin. Once you consent to the initial IEP, the school provides the services described in it.
5. Review and reevaluation. The team reviews the IEP at least once a year, and your child is reevaluated periodically to see whether needs have changed.

Your rights as a parent

IDEA gives parents a strong set of procedural rights, often summarized in a document called your procedural safeguards notice. Among the most important:

• Informed consent. The school must get your written permission before the first evaluation and before starting initial services.
• A seat at the table. You are a full member of the IEP team, and the school must work to include you in meetings and decisions.
• Access to records. You have the right to review your child's education records.
• Prior written notice. The school must notify you in writing before it proposes or refuses to change your child's identification, evaluation, placement, or services.
• An independent evaluation. If you disagree with the school's evaluation, you may be able to request an independent educational evaluation.

When you and the school disagree

Disagreements happen, and the law gives you several ways to work through them. You can request another IEP meeting to talk things through, ask for mediation, which is a free and voluntary process led by a neutral person, file a written state complaint with the New Hampshire Department of Education, or file for a due process hearing. You do not have to choose alone. A Parent Training and Information center can help you weigh these options and understand what each one involves before you decide.

None of this is easy to carry while you are also parenting. If the process feels slow or overwhelming, you are not doing anything wrong, and you do not have to navigate it without support.