N.H. Admin. Code § Ed 1102.01

Current through Register No. 50, December 12, 2024
Section Ed 1102.01 - Definitions A-C
(a) "Academic achievement" means the student's level of academic performance when measured against the general education curriculum.
(b) "Accommodation" means any change in instruction or evaluation determined necessary by the individualized education program (IEP) team that does not impact the rigor, validity, or both, of the subject matter being taught or assessed.
(c) "Act" means the Individuals with Disabilities Education Improvement Act (IDEA), as amended.
(d) "Administrative case management" means the following activities that are not direct instruction but that are necessary to facilitate a student's special education:
(1) Scheduling IEP meetings;
(2) Coordinating evaluations and IEP drafting;
(3) Visiting potential student placement environments;
(4) Communicating with a parent; and
(5) Updating progress reports for meeting IEP goals.
(e) "Administrative due process hearing" means a hearing conducted in compliance with Ed 1123 and in compliance with the provisions of 34 CFR 300.507 - 300.518.
(f) "Adult student" means a child with a disability who is:
(1) At least 18 years of age but less than 22 years of age and not adjudicated incompetent; or
(2) An emancipated minor pursuant to state law.
(g) "Alternate achievement standards" means the expectation of performance established by the New Hampshire department of education consistent with the Elementary and Secondary Education Act of 1965, as amended (ESEA).
(h) "Alternate assessment" means those assessments developed pursuant to the provisions of 34 CFR 300.704(b)(4)(x) and sections 1111(b) and 1201 of ESEA.
(i) "Alternative dispute resolution" means the following processes that can be used to resolve an issue or issues in dispute:
(1) Neutral conference; and
(2) Mediation.
(j) "Approved program" means a program of special education as defined in RSA 186-C:2, II.
(k) "Assistive technology device" means "assistive technology device" as defined in 34 CFR 300.5.
(l) "Assistive technology service" means "assistive technology service" as defined in 34 CFR 300.6.
(m) "Aversive behavioral interventions" means those procedures that subject a child with a disability to physical or psychological harm or unsupervised confinement, or that deprive the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child's physical, mental, or emotional health.
(n) "Behavior intervention plan" means the positive behavior interventions and supports incorporated in the student's IEP.
(o) "Business day" means "business day" as defined in 34 CFR 300.11(b).
(p) "Chartered public school" means "chartered public school" as defined in RSA 194-B:1, IV.
(q) "Child find" means the system detailed in Ed 1105.
(r) "Child with acquired brain injury (ABI)" means brain injury that occurs after birth, including injury sustained by infection, disease, or lack of oxygen resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance and requires special education and or related services.
(s) "Child with a developmental delay" means a child with a developmental delay as defined in RSA-186-C:2I-a who:
(1) Is experiencing developmental delays in one or more of the following areas:
a. Physical development;
b. Cognitive development;
c. Communication development;
d. Social or emotional development; or
e. Adaptive development; and
(2) By reason thereof, needs special education and related services, as measured by appropriate diagnostic instruments and procedures consistent with Ed 1107 and identified in compliance with 34 CFR 300.111(b).
(t) "Child with a disability" means:
(1) A "Child with a disability" as defined in 34 CFR 300.8 who is 3 years of age or older but less than 22 years of age and who has not yet received a regular high school diploma as provided in 34 CFR 300.102;
(2) A child with a developmental delay as defined in Ed 1102.01(s) above; and
(3) A child with acquired brain injury as defined in Ed 1102.01(r) above.
(u) "Child eligible for special education but not currently receiving services" means a child who has been evaluated and determined to be a child with a disability who is not currently receiving special education services due to one or more of the following factors:
(1) The child is at least 2.5 years of age and has been determined to be eligible for special education;
(2) The child's current condition prevents the delivery of special education services;
(3) The child's parent, legal guardian, surrogate parent, or adult student has refused services;
(4) The child has dropped out of school; or
(5) The child is no longer attending school.
(v) "Collaborative program" means the cooperative agreements that school districts or school administrative units, or both, are able to enter into under RSA 186-C:8.
(w) "Committed juvenile student" means an individual who is committed to the youth development center pursuant to court order and who has been or is determined to be a child with a disability.
(x) "Consent" means "consent" as defined in 34 CFR 300.9.
(y) "Core academic subjects" means "core academic subjects" as defined in 34 CFR 300.10.
(z) "Court" means a court of competent jurisdiction.
(aa) "Curriculum" means all of the courses and other educational opportunities offered by the responsible local education agency.
(ab) "Curriculum for preschoolers" means all of the organized educational activities, experiences, or both that are offered within the early childhood program to address all aspects of development and to promote meaningful learning experiences regarding preschoolers, their families and their community.

N.H. Admin. Code § Ed 1102.01

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08; amd by #9812, eff 11-11-10

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.
Amended by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12547, Effective 6/14/2018, Expires 6/14/2028.
Amended by Number 45, Filed November 9, 2023, Proposed by #13773, Effective 10/12/2023, Expires 10/12/2033.