Section Ed 1106.01 - Process; Provision of FAPE In order to provide a FAPE for children 2.5 years of age to 22 years of age there shall be a referral process in which:
(a) The LEA shall comply with 34 CFR 300.124 when accepting referrals and transitioning children from Part C of the IDEA to preschool programs;(b) The LEA shall establish a process for referral and evaluation which includes individual participants responsible for decision-making and implementation;(c) The LEA shall, upon receipt of a referral from any source, immediately notify the parent, in writing, of the referral;(d) The IEP team shall, within 15 business days of the referral, determine whether the concerns raised by the referral can be:(1) Addressed utilizing existing pupil support services available to all children;(2) Whether additional information is required; and(3) What evaluations, if any, are needed to address any remaining concerns raised by the referral;(e) The IEP team shall, within 15 business days of the referral, give the parent written notice of its disposition of the referral;(f) The notice to parents shall conform to the requirements of 34 CFR 300.503 through 300.504 and include a description of the LEA's special education procedures;(g) When additional testing has been determined to be necessary, the notice shall also include a request for written consent to conduct any individual evaluations needed to determine the child's disabilities;(h) The parent may, if the child's parent disagrees with the IEP team's disposition of the referral, request alternative dispute resolution as described in Ed 1122 or a due process hearing as described in Ed 1123;(i) The LEA may take action consistent with 34 CFR 300.300 if parental consent for evaluation is not granted, or if a parent fails to respond to a request for evaluation;(j) Written parental consent shall be required for individual evaluations to further diagnose the needs of a child already determined to be a child with a disability; and(k) The provision of FAPE by the LEA shall comply with 34 CFR 300.101(a), through (c), and 34 CFR 300.530(d).N.H. Admin. Code § Ed 1106.01
(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.Amended by Number 45, Filed November 9, 2023, Proposed by #13773, Effective 10/12/2023, Expires 10/12/2033.