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Policies » Section I: Instruction » IHBA: Programs For Pupils With Disabilities

Policy Date: 02/14/2023

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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 Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the American with Disabilities Act.

It is the intent of the district that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated, and provided with appropriate educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.

For students eligible for services under IDEA, the district shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities provided in state statutes which govern special education. For those students who are not eligible for services under IDEA, but, because of disability as defined by Section 504 of the Rehabilitation Act of 1973, need or are believed to need special instruction or related services, the district shall establish and implement a system of procedural safeguards. The safeguards shall cover students’ identification, evaluation, and educational placement. This system shall include notice and opportunity for the student’s parent(s)/guardian(s) to examine relevant records, impartial hearing with opportunity for participation by the students’ parent(s)/guardian(s), representation by counsel, and review procedure.

The district recognizes its obligation to provide an education for all students determined to be educationally disabled and in need of special education and related services. This obligation shall begin when a student reaches three years of age and shall continue until the student’s 22nd birthday or until such time as he/she receives a high school diploma, whichever occurs first, or until the child’s Individualized Education Program (IEP) Team determines that the child 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.

Legal Reference: 20 U.S.C. § 1400 et seq., 34 C.F.R. § 300 et seq., RSA 186-C NH Admin Rules, Sec. Ed 1100, SB 394 and HB 1513.
Adopted: November 9, 1976
Adopted: November 14, 2000
Revised: November 10, 2009, February 14, 2023