NH 2006 Legislative Session

RSA 186-C with Minor Technical Changes Made by HB 1532

With Ad Hoc Committee’s Proposed Changes

186-C:1 Policy and Purpose. – It is hereby declared to be the policy of the state that all children in New Hampshire be provided with equal educational opportunities. It is the purpose of this chapter to ensure that the state board of education and the school districts of the state provide a free and appropriate public education for all [educationally disabled children] children with disabilities.

Source. 1981, 352:2. 1990, 140:2, X, eff. June 18, 1990. 1998, 177:1, eff. Aug. 14, 1998. 2002, 158:1, eff. July 14, 2002. 2003, 215:3, eff. Aug. 30, 2003.

186-C:1  Policy and Purpose. – It is hereby declared to be the policy of the state that all children in New Hampshire be provided with equal educational opportunities.  It is the purpose of this chapter to ensure that:

1.     All children with disabilities have available to them a free appropriate public education in the least restrictive environment that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

2.     The rights of children with disabilities and parents of such children are protected.

3.     Local education agencies, state education agency, and other public agencies or approved programs provide for the education of all children with disabilities.

Source. 1981, 352:2. 1990, 140:2, X, eff. June 18, 1990. 1998, 177:1, eff. Aug. 14, 1998. 2002, 158:1, eff. July 14, 2002. 2003, 215:3, eff. Aug. 30, 2003.

186-C:2 Definitions. – In this chapter:
I. [“Educationally disabled child”] ”Child with a disability” means any person 3 years of age or older but less than 21 years of age who has been identified and evaluated by a school district according to the provisions of RSA 186-C:7 and determined to be mentally retarded, hearing impaired, speech or language impaired or both, visually impaired including blindness, seriously emotionally disturbed, orthopedically impaired, otherwise severely health impaired, deaf-blind, multi-disabled, traumatic brain injured, autistic, or as having specific learning disabilities, who because of such impairment, needs special educati! on or special education and educationally related services. . [“Educationally disabled child”] “Child with a disability” shall include a child ages 18 to 21, who was identified as [an educationally disabled child] a child with a disability and received services in accordance with an individualized education [plan] program but who left school prior to his or her incarceration, or was identified as [an educationally disabled child] a child with a disability but did not have an individualized education  [plan] program in his or her last educational institution.
I-a. "Developmentally delayed child" means a child between 3 and 9 years of age, who, because of impairments in development, needs special education or special education and educationally related servi! ces, may be identified as being developmentally delayed provided that such a child must first be determined to have an educationally disabling condition as defined in RSA 186-C:2, I.
I-b. "Division" means the division of educational improvement, department of education.

II. "Approved program" means a program of special education that has been approved by the state board of education and that is maintained by a school district, regional special education center, private organization or state institution for the benefit of [educationally disabled children] children with disabilities, and may include a home-based program.

III. "Individualized education [plan] program" means a written plan for the education of [an educationally disabled child] a child with a disability that has been developed by a school district in accordance with rules adopted by the state board of education and that provides necessary special education or special education and educationally related services within an approved program.
IV. "Special education" means instruction specifically designed to meet the unique needs of [an educationally disabled child] a child with a disability.
V. "Educationally related services" means transportation and such developmental, corrective, and other supportive services as are specifically required by an individualized education [plan] program to assist [an educationally disabled child] a child with a di! sability to benefit from special education. "Educationally related services" do not include medical services unless such services are necessary for purposes of diagnosis and evaluation. 

186-C:2 Definitions. – In this chapter:
I. ”Child with a disability” means any person 3 years of age or older but less than 21 years of age who has been identified and evaluated by a school district according to the Rules established by the State Board of Education and determined to have mental retardation, a hearing impairment including deafness, a speech or language impairment or both, a visual impairment including blindness, an emotional disturbance or orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, multiple disabilities, or a child between the ages of  3 through 9 years experiencing developmental delays, who bec! ause of such impairment, needs special education or special education and educationally related services. “Child with a disability” shall include a child ages 18 to 21, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution.
I-a. "Developmentally delayed child" means a child between 3 and 9 years of age, who, because of impairments in development, needs special education or special education and educationally related services, may be identified as having a developmental delay provided that such a child meets the criteria established by the State Board of Education.
I-b. "Division" means the division of educational improvement, department of education.

II. "Approved program" means a program of special education that has been approved by the state board of education and that is maintained by a school district, regional special education center, private organization or state institution for the benefit of [educationally disabled children] children with disabilities, and may include a home-based program.  [THIS PARAGRAPH IS ON HOLD]

III. "Individualized education [plan] program" means a written plan for the education of [an educationally disabled child] a child with a disability that has been developed by a school district in accordance with rules adopted by the state board of education and that provides necessary special education or special education and related services within an approved program.
IV. "Special education" means instruction specifically designed to meet the unique needs of a child with a disability.
V. "Educationally Related services" means transportation and such developmental, corrective, and other supportive services as are specifically required by an individualized education [plan] program to assist a child with a disability to benefit from special education. “Related services" do not!  include medical services unless such services are necessary for purposes of diagnosis and evaluation. 

VI. "Functionally blind" means a pupil who has:
(a) Visual acuity of 20/200 or less in the better eye with the use of the best correction for any refractive error, or a limited field of vision in which the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(b) A medically indicated expectation of visual deterioration.

(c) A functional limitation resulting from a medically diagnosed visual impairment which restricts the child's ability to read and write standard print at levels expected of other children of comparable ability and grade level.

VII. "Parent" means:

(a) A natural or adoptive parent of a child who has legal custody of the child;

(b) A guardian of a child, but not the state when the state has legal guardianship of the child;

(c) A person acting in the place of a custodial parent or guardian of a child, if no other custodial parent or guardian is available, who is designated in writing to make educational decisions on the child's behalf by such parent or guardian;

(d) A surrogate parent who has been appointed in accordance with RSA 186-C:14; or

(e) A foster parent of a child who has been appointed in accordance with RSA 186-C:14-a.

Source. 1981, 352:2. 1990, 140:2, X. 1991, 80:1. 1993, 108:1. 1994, 379:12, eff. June 9, 1994. 1997, 89:1, eff. Aug. 2, 1997; 114:1, eff. July 1, 1997. 1998, 177:2, eff. Aug. 14, 1998. 1999, 107:1, eff. Aug. 9, 1999. 2002, 205:1, eff July 1, 2002. 2003, 215:1, eff. Aug. 30, 2003.