N.H. Admin. Code § Ed 1406.01

Current through Register No. 50, December 12, 2024

Section Ed 1406.01 - Responsibility of the LEA

(a) If a child with an IEP notifies the school of his or her intent to participate in a learn everywhere program, the LEA shall:

(1) Follow the procedures enumerated in Ed 1109.03(h) and 34 CFR 300.324 to schedule an IEP team meeting; and

(2) If requested by the child's parent or member of the IEP team, invite a representative from the learn everywhere program to attend the IEP team meeting.

(b) If the IEP team decides to redraft, revise, amend, or modify the IEP, the IEP team shall:

(1) Determine what, if any, special education, related services, supplementary aids and services, accommodations, and modifications the student needs to participate in the program; and

(2) Be responsible for providing the student with the special education, related services, supplementary aids and services, accommodations, and modifications the IEP team has determined the student needs pursuant to (1) above.

(c) The IEP team may decide not to redraft, revise, amend, or modify the IEP for reasons including, but not limited to:

(1) The program would not assist the student in making progress towards one or more of the student's annual goals or appropriate measurable post-secondary goals in the student's IEP, regardless of whether the program will result in the student earning a high school credit;

(2) The program is not necessary for the student to receive a free appropriate public education (FAPE); or

(3) The program is not safe for the student, even if the student were provided with special education, related services, accommodations, and other supports and services.

(d) If a student's parent disagrees with the determination of the IEP team regarding the student's placement in a learn everywhere program, the parent may follow the procedures outlined in Ed 1121 through Ed 1123 regarding complaints, alternative resolutions, and due process hearings.

N.H. Admin. Code § Ed 1406.01

Derived from Volume XL Number 37, Filed September 10, 2020, Proposed by #13090, Effective 8/14/2020, Expires 8/14/2030 (see Revision Note at chapter heading for Ed 1400)

Amended by Volume XLII Number 28, Filed July 14, 2022, Proposed by #13393, Effective 6/10/2022, Expires 6/10/2032

Amended by Number 19, Filed May 9, 2024, Proposed by #13924, Effective 4/12/2024, Expires 4/12/2034.