N.H. Admin. Code § Ed 1111.05

Current through Register No. 50, December 12, 2024

Section Ed 1111.05 - Home Instruction for School-Aged Children

(a) Home instruction for children at least 6 years of age but less than 21 years of age shall not include parent-designed home education programs as authorized in Ed 315.

(b) Home instruction for children at least 6 years of age but less than 21 years of age shall:

(1) Provide the child with access to the general curriculum, as required in 34 CFR 300.320;

(2) Be in compliance with RSA 186-C:15, relative to number of days per year of instruction;

(3) Minimally include 10 hours per week of specially designed instruction as specified in the child's IEP so that the child will progress in the general curriculum as required in 34 CFR 300.320 and meet all IEP goals;

(4) Include related services as specified in the child's IEP, provided any related services so provided shall be in addition to the 10 hours of specially designed instruction required under (3);

(5) Be implemented by personnel qualified in accordance with 34 CFR 300.156 and section 2122 of the ESEA; and

(6) Allow for the child to participate with nondisabled children to the maximum extent appropriate to the needs of the child, as required by 34 CFR 300.117.

(c) When a child is physically or mentally unable to attend school and the IEP team recommends that a school week of less than the required hours detailed in Ed 1111.05(b)(3) be provided:

(1) The superintendent shall provide written consent prior to implementation of the shortened school week;

(2) The parent shall provide written consent prior to implementation of the shortened school week;

(3) The LEA shall send a copy of the written consent to the state director of special education;

(4) The LEA shall send a copy of the written consent to the child's parent;

(5) The LEA shall place a copy of the consent in the child's school records;

(d) Consent shall not be granted by the superintendent if it would cause a serious adverse effect upon the child's educational progress pursuant to RSA 193:1, I(c).

(e) The LEA's obligation to provide a FAPE to the child shall still be in effect even if the child is provided services for less than the number of hours detailed in Ed 1111.05(b)(3).

(f) Except as provided in (g) below, temporary home-based programs shall not exceed 45 days in a school year.

(g) When the IEP team determines that an IEP for a child with a disability should be implemented at home for more than 45 days the LEA shall:

(1) Describe, in writing, the specific circumstances resulting in the need for the home instruction;

(2) Develop an IEP which includes all the elements in 34 CFR 300.320; and

(3) Develop a written plan for the transition of the child into a less restrictive environment which shall include the following:

a. Objective criteria for determining when the student will no longer require a home-based program and will receive special education services in a school-based program;

b. Specific activities for each phase of the transition; and

c. The specific time frame for each phase of the transition process.

(h) For an IEP to be implemented at home for more than 45 days, at least 10 days prior to the 46th day of the home instruction the LEA shall submit the following to the state director of special education of the department:

(1) The agreed upon IEP developed pursuant to Ed 1111.05(g)(2);

(2) The name, title, employer, and a copy of the certification, license, or other appropriate statement of qualifications for each of the individuals implementing the home instruction, including all teachers, therapists, aides, consultants and supervisors;

(3) Minutes of the IEP team meeting at which the decision to implement the home instruction was made, including:

a. The basis for the decision as set forth in Ed 1111.05(g)(1); and

b. A list of the specific documentation reviewed by the team such as physician's reports, test results, reports of professionals knowledgeable about the child's disability, pertinent information from any other relevant source; and

(4) The written plan for the transition of the child as described in Ed 1111.05(g)(3).

(i) The state director of special education of the department or designee shall review all the documentation and, if the proposal complies with Ed 1111.05(h), inform the LEA in writing that the proposal complies with Ed 1111.05(h) and is approved.

(j) If the director does not approve the proposal under (i) above, the director shall:

(1) Require additional information in writing to determine whether or not the proposal complies with Ed 1111.05(h); request additional information in writing;

(2) Inform the LEA in writing if there are alternatives to the proposed home instruction that are less restrictive; or

(3) Inform the LEA in writing that, based on the submitted documentation, because the proposed home instruction in excess of 45 days is not the least restrictive environment for the child as required by Ed 1111.01, the proposal is not approved.

N.H. Admin. Code § Ed 1111.05

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

The amended version of this section by New Hampshire Register Volume 37, Number 15, eff. 3/24/2017 is not yet available.