Written prior notice, fourteen days, and a sixty-day evaluation process: New Hampshire’s special education rules
Ed 1100 is New Hampshire’s rule set: the State Board’s regulations under RSA 186-C, layered on IDEA and enforced by the Bureau of Special Education Support. Two fourteens are the change: written prior notice fourteen days before the LEA acts, then fourteen days for you to sign. Start with the dates in your file: the day the school received your written request, the day you signed consent, and the date on the district’s latest notice.
New Hampshire’s laws, rule by rule
The child Ed 1100 covers
Ed 1102.01(t); Ed 1101.01Covered is any child under IDEA’s categories “who is 3 years of age or older but less than 22,” plus developmental delay and acquired brain injury.
Acquired brain injury is New Hampshire’s own category; IDEA names only the traumatic kind.
Referral and its disposition
Ed 1106.01(c)–(e)Any referral brings immediate written notice, and within 15 business days the IEP team gives “written notice of its disposition of the referral.”
IDEA puts no clock on answering a referral; here the disposition is dated.
The evaluation process, defined
Ed 1107.01(c); Ed 1102.02(n)Sixty days after consent, the tests, the written summary report “and a meeting of the IEP team to review the results” are done, eligibility included.
A report in the mail closes nothing; the count runs to the meeting reviewing it.
WPN, then fourteen days to sign
Ed 1120.03(a); Ed 1120.04(c)–(e)Written prior notice arrives “not less than 14 days” before the LEA initiates, changes or refuses anything from referral to placement; you have 14 days to sign.
Partial consent is a right: refuse one line in writing and the rest still begins.
Home instruction after removal
Ed 1124.01; Ed 1124.02Once a child is removed for “more than 10 days in a school year,” services must keep IEP progress going; at home, 10 hours a week.
Past ten days out, ask for the weekly hours in writing; the rule names the floor.
The Commissioner and the neutral
Ed 1121.03(a); Ed 1122.02; RSA 186-C:23-bA written complaint to the Commissioner is resolved within 60 days; before a hearing, a neutral conference is “an informal, abbreviated presentation” ending in a recommendation.
The Department takes complaints by mail only; an emailed one counts as never received.
What the rule says
The state wrote it this way:
“For initial evaluations, the evaluation process, as defined in Ed 1102.02(n), shall be completed within 60 days after receipt of parental consent to evaluate.”
Ed 1107.01(c)
The defined term includes the results meeting, so testing on time and meeting late is still late.
The deadlines New Hampshire sets
School days and calendar days count differently, so read the unit in every row.
| What is being counted | By when | How it is counted |
|---|---|---|
| Disposition of a referral | 15 business days | The referral itself is day zero, whoever made it; weekends and holidays are left out.Ed 1106.01(d), (e) |
| Evaluation process through eligibility | 60 days | Your consent to evaluate opens it; it closes when the IEP team has met on the results.Ed 1107.01(c); Ed 1102.02(n) |
| Written prior notice before action | 14 days | Measured backward from the day the LEA means to act; compare the notice date with the start.Ed 1120.03(a) |
| Your signature on the notice | 14 days | Begins the day the WPN was sent; you and the LEA may agree in writing to lengthen it.Ed 1120.04(c), (i) |
| Complaint to the Commissioner decided | 60 days | Opens when the mailed, signed complaint reaches Concord; the violation alleged is under a year old.Ed 1121.01(b); Ed 1121.03(a) |
How a child gets an IEP in New Hampshire
Write your own referral
Write the referral yourself and give it to the principal; a disposition is owed inside fifteen business days.
Sign within the fourteen
Consent for the evaluation goes back within fourteen days of the notice; your signature opens the sixty days.
Sit for the results meeting
The IEP team reviews the summary report with you and rules on eligibility; the sixty days end there.
The evaluation request letter writes step one for you, in the words a district answers.
Bureau of Special Education Support — Concord’s Bureau answers Ed 1100 questions, arranges mediation and neutral conferences, and receives mailed complaints.
If the school says no
Here a no is a written prior notice dated at least fourteen days ahead; anything shorter is a conversation.
- If the referral drew no disposition inside fifteen business days, write the director with the referral date.
- Mail the complaint, signed, to the Commissioner; the office opens nothing sent electronically.
A refusal arrives in writing under 34 CFR 300.503, naming what was refused and the data behind it.
This page organizes the state’s own words: it does not replace the current rule text, or advice from someone qualified in your state.
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Where this comes from
- Ed 1100, New Hampshire’s special education rulesThe chapter quoted above.
- RSA 186-C:23-b, the neutral conferenceThe conference, in statute.
- NHED: filing a special education complaintThe mailing rule and form.
- The federal evaluation rule (34 CFR 300.301)The floor every state builds on.
