Section Ed 1114.05 - Program Requirements(a) Each private provider of special education or other non-LEA program shall have a written description of admissions policies and criteria which it shall provide to all placing agencies and shall make available to the parent of any child referred for placement.(b) The written admission policies and criteria required in Ed 1114.05(a) shall include: (1) Policies and procedures related to intake;(2) The age and sex of children in care;(3) The needs, problems, situations, or patterns best addressed by the program;(4) Any other criteria for admission;(5) Criteria for discharge;(6) Any preplacement requirements for the child, the parent, and the placing agency; and(7) Accessibility to educational materials.(c) Prior to enrollment, the sending LEA shall send a copy of the child's IEP that meets all the requirements of Ed 1109 to each private provider of special education or other non-LEA program.(d) A private provider of special education shall cooperate with the LEA by making staff available to participate in IEP meetings at mutually agreeable times and places.(e) The private provider of special education or other non-LEA program shall not unilaterally modify a child's IEP.(f) The private provider of special education or other non-LEA program shall not accept any students with disabilities for which the program is not approved.(g) In each private provider of special education or other non-LEA program, all children with disabilities shall have access to equal educational opportunities within their programs and access to and ability to progress in the general curriculum as required under 34 CFR 300.320.(h) A private provider of special education or other non-LEA program shall have an established system of routine communication among all staff members of the program who provide direct services to a child, including both instructional and residential services. All staff members involved in providing direct services to a child with a disability shall participate in the process of planning for that child and shall know the contents of that child's IEP and all other reports and evaluations, as appropriate to their role and responsibilities.(i) A private provider of special education or other non-LEA program shall identify and utilize available resources, both on campus and in the community, which provide opportunities for experiences in the least restrictive environment.(j) All administrative, instructional, and related service staff shall hold appropriate certification or licensure for the position in which they function as required by the state of New Hampshire, and other licensing entities. The determination of credentials required shall be made by the department.(k) Students enrolled in private providers of special education shall participate in the statewide education improvement and assessment program as provided in RSA 193-C and as required by 34 CFR 300.157 and 300.320.N.H. Admin. Code § Ed 1114.05
(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.