IHBA - Programs for Pupils with Disabilities
PROGRAMS AND SERVICES
The District shall provide a free appropriate public education and necessary related services to all children with disabilities residing within the district, required under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans With Disabilities Act (Title II), and New Hampshire Law. These laws include procedures for identification, evaluation, placement, and delivery of services to children with disabilities.
Disabilities are defined differently under the IDEA than under Section 504 and Title II. While the IDEA focuses on special educational services for children with disabilities and the related rights afforded to eligible students and their parents, Section 504 and Title II focus on the nondiscrimination rights of students as well as other individuals with disabilities who are not students, such as family members with disabilities, and members of the public with disabilities seeking information from, or access to, the services, programs, and activities of the public school. Such rights can include the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of non-disabled students are met.
While all students who are eligible for special education and related services under the IDEA are protected by Section 504 and Title II, not all students protected by Section 504 and Title II are eligible for services under the IDEA. In other words, students may be disabled within the meaning of Section 504 and Title II even though they do not require services and specially designed instruction pursuant to the IDEA.
An IDEA-eligible student is entitled to receive special education and related services when the student reaches three years of age and continues until the student’s 22nd birthday or until such time as he/she receives a regular high school diploma, whichever occurs first, or until the student’s Individualized Education Program (IEP) Team determines that the student no longer requires special education in accordance with federal and state law. At the discretion of the Superintendent and/or his/her designee, students who reach the age of 22 during the academic year may be allowed to complete the remainder of the school year.
NOTICE OF PROCEDURAL SAFEGUARDS
1. IDEA SAFEGUARDS
For IDEA-eligible students, the District utilizes the New Hampshire Special Education Procedural Safeguards, which can be accessed through the New Hampshire Department of Education website or obtained from the District’s Director of Student Services
The District will provide a copy of New Hampshire Procedural Safeguards in Special Education to the parents/guardians of a child with a disability one time per year. This is typically done at each annual IEP team meeting. A copy shall also be given to parents:
a. In accordance with the discipline procedures in §300.530(h).
b. Upon request by a parent; and
c. Upon receipt of the first State complaint in a school year;
d. Upon receipt of the first request for a due process hearing filed in a school year;
e. Upon initial referral or parent request for evaluation;
Further information regarding special education procedures and services, as well as the District’s Special Education Policy and Procedures Manual, are available through the office of the Director of Student ServicesSECTION 504 SAFEGUARDS
2. SECTION 504 SAFEGUARDS
For procedural safeguards relative to Section 504, the District utilizes the “Notice of Parent and Student Rights Under Section 504”, and an administrative document coded as IHBA-R.
The Superintendent or Superintendent’s designee shall assure that the Notice of Parent and Student Rights Under Section 504 is updated annually to reflect current contact information consistent with the annual update of policy AC-E. The District shall provide a copy of the Notice of Parent and Student Rights Under Section 504 to the parents/guardians of a child with a disability one time per year. This is typically done at each Section 504 team meeting.
See Also:
AC - Nondiscrimination, Equal Opportunity Employment, and Anti-Discrimination Plan
ACE - Procedural Safeguards: Nondiscrimination Based on Disability
IHBAA - Evaluation Requirements for Children With Specific Learning Disabilities
IHBAB - Special Education Evaluations
IHBAC - Developmental Delay as Qualifying Disability
IHBAM - District Special Education Policy and Procedures Manual
IKFC - Alternative Diploma for Students with Cognitive Disabilities
JICD - Student Discipline and Due Process
Legal References:
RSA 186-C
N.H. Code of Admin. Rules, Sect. Ed.
34 C.F.R. § 300 et seq.
20 U.S.C. §§1400 et seq.
29 U.S.C. §794 Rehabilitation Act of 1973
42 U.S.C. 12101, et seq.
34 C.F.R. § 300 et seq.
20 U.S.C. §§1400 et seq.
29 U.S.C. §794 Rehabilitation Act of 1973
42 U.S.C. 12101, et seq.
First Reading: 11/7/2024
Second Reading: 11/21/2024
Adopted: 11/21/2024
Last Reviewed: 11/21/2024
Revised: NA