IHBA – Programs For Pupils With Disabilities

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, the Americans With Disabilities Act, and New Hampshire Law.

It is the intent of the district to ensure 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 federal and state statutes, which govern special education. For those students who are not eligible for services under IDEA, but, because of a qualifying 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, educational safeguards and educational placement. This system shall include notice, and opportunity for the student’s parent(s)/guardian(s) to examine relevant records, and impartial hearing with opportunity for participation by the
student’s parent(s)/guardian(s), and representation by counsel, the right to be represented by legal 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 21st 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 21 during the academic year may be allowed to complete the remainder of the school year.

The ConVal School District shall take steps to ensure that children with disabilities have equal access to the variety of educational programs and services available to nondisabled children. The District ensures that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities,
are educated with students who do not have disabilities. Special classes, separate classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the uses of supplementary aids and services cannot be achieved satisfactorily. Placement decisions for children with disabilities shall be made on an individual basis by the IEP Team and in accordance with the procedures described in Section 8 – Pupil Evaluation. The District shall provide a full range of opportunities, programs and services to meet the unique needs of children with disabilities in the least restrictive educational setting.

The District shall ensure that every child with a disability shall have full access to the general curriculum with accommodations and modifications as delineated in the IEP. This includes the provision of non-academic and extra-curricular services. These opportunities shall be provided through public school programs within and outside of the boundaries of the District.

The District shall provide access to vocational training and transition services as appropriate. Vocational and transition services are provided primarily within the District and at the high school level. Other student specific circumstances may be addressed as determined by the IEP team.

Equipment, Materials and Assistive Technology

  • The District shall provide appropriate instructional equipment and material, including assistive technology devices and assistive technology services appropriate to implement each student’s IEP.

Personnel Standards

  • Teachers of students with disabilities, prior to employment, shall have valid New Hampshire certification or Statement of Eligibility with an endorsement appropriate for the disabilities of the students they serve.
  • Additionally, special education teachers within the District must meet highly qualified teacher requirements for their respective teaching assignments, as designated by federal and state guidelines.

Programs and Services (Table 1100.4: Continuum of Alternative Learning Environments)

The District provides educational services to students with disabilities along a continuum of environments including the following:

Regular Classroom

  • A child with a disability attends the regular class with supports and services as required by the IEP

Regular Classroom with Consultative Assistance

  • A child with a disability attends the regular class with consultative assistance being provided to the classroom teacher.

Regular Classroom with Assistance by Specialists

  • A child with a disability attends the regular class with direct services provided by specialists or paraprofessionals working under the direction of professional teaching staff.

Regular Classroom plus Resource Room Help

A Child with a disability attends the regular class and receives assistance in the Resource Room Program:

  • When the regular education setting, with accommodations, modifications, supplementary aides and services is inadequate to meet the needs of a student with a disability, the student may receive assistance (by team agreement) in a resource setting within the public school system for a portion of the school day.
  • The student can spend no more than 60% of the school day in this setting.
  • Instruction provided in the resource setting will ensure each student continued access to the general curriculum.
  • The total number of students with disabilities being served in the resource room at any given time shall not exceed 12 students without the assistance of support personnel. The maximum number of children in a Resource Room shall not exceed20 (Ed 1113.10(f)(4). The District shall ensure that the resource settings are staffed with personnel who meet state certification requirements and federal “Highly Qualified Teacher” requirements as applicable.

Regular Classroom plus part-time special class

  • A child with a disability attends a regular class and a self-contained special
    education classroom

Self-Contained Special Education Class (Ed 1113.10(c))

  • A child with a disability attends a special education class for more than 60% of their day.
  • The class is organized either by the needs of the students or by the degree of severity of the disability.
  • Self-contained special education classes serve students according to chronological age with a range of not more than four years.
  • The number of students in a self-contained classroom cannot exceed 12.
  • A teacher-student ratio of 1:8 or 2:12 shall be provided unless the severity of disabilities warrants the assignment of additional staff. Maintaining this ratio can be accomplished through the assignment of two teachers or a teacher and a paraprofessional.

Full-time or part-time Special Day School

  • A child with a disability attends a public or privately operated special day program
    full-time or part-time

Full-time Residential Programs

  • The child attends a privately or publicly approved residential program on a full-time basis.

Preschool Programs

Children in preschool programs shall be grouped by age levels with a range of not more than three years. Children with disabilities shall be provided with appropriate special education and related services through the District’s preschool programs and services. Please note: the maximum number of preschool children in an early childhood program
shall be 12, regardless of the number of staff members assigned to the program (Ed 1113.10(d)(3)).

  • Early Childhood Program: A preschool child with a disability attends an early childhood program
  • Home: a preschool child with a disability receives some or all of his/her supports and services in the child’s home
  • Special Education Program: a preschool child with a disability attends a special education program
  • Service Provider Location: a preschool child with a disability receives supports and services from a service provider
  • Separate School: a preschool child with a disability attends a publicly or privately operated separate day school facility designed specifically for children with disabilities
  • Residential Facility: a preschool child with a disability attends a publicly or privately operated residential school or residential medical facility on an inpatient basis

Home Instruction for School Aged Children (Ed 1111.05)

A child with a disability receives all or a portion of his/her special education program at home in accordance with Ed 1111.05.

  • Home instruction for children at least six years of age but less than 21 years of age shall include no fewer than ten hours per week of specially designed instruction as specified in the child’s IEP so that the child will progress in the general curriculum and meet IEP goals.
  • Home instruction may include related services in addition to the ten hours of specially designed instruction and will be delivered in accordance with the NH Rules.
  • Home-based programs shall not exceed 45 days in a school year unless individual circumstances warrant an extension to this time period. If the IEP team determines that home instruction should be implemented for more than 45 days of a school year, the District will complete the following requirements:

1. Describe, in writing, the specific circumstances resulting in the need for the home instruction;
2. Develop an IEP which includes all the required elements; and
3. Develop a written plan of the transition of the child into a less restrictive environment

  • Home Instruction shall NOT include parent designed home education programs as authorized in Ed 315.
  • Home instruction shall be implemented by personnel qualified in accordance with 34CFRL300.156 and Section 2122 in the ESEA.

Facilities and Location

  • Instructional areas for children with disabilities shall be located in classrooms with students of a similar chronological age and shall be comparable to other classrooms within the school. They shall be located in facilities that are, in the judgment of the IEP team, in the least restrictive environment.
  • The physical space used for classrooms and other instructional programs and school activities for children with disabilities shall be of sufficient size to accommodate program modifications and accommodations necessary to implement the children’s IEPs and provide for all other learning activities.

Length of School Day

  • Preschool level – The IEP team shall determine the length of the school day for preschool students with disabilities.
  • Elementary/Middle/High School: the school day shall be a minimum of 180 days in each year or the equivalent number of hours approved by the Commissioner of Education, NHDOE, consistent with the provisions of RSA 189:1, 189:2, 189:24, and 189:25 and Ed 306.18-306.21. (Ed 1113.15)

When, due to a student’s limited physical and/or emotional stamina, the special education placement team recommends a school day of less than the minimum hours listed above, written consent shall be obtained from the Superintendent of Schools and the parent prior to implementing a shortened school day. A copy of the written consent shall be sent to the Sate Director of Special Education, a copy to the parent, and another placed in the student’s school records. If it would cause a serious adverse effect upon a child’s educational progress pursuant to RSA 193:1 1(c), the Superintendent shall not excuse a child from the required minimum school day. The District’s obligation to provide a free appropriate public education to a child shall still be in effect even if the child attends school for a shortened school day.

Length of School Year

The District shall provide a standard school year of at least 180 days or the equivalent number of hours per Ed 1113.15. Students with disabilities in need of extended school year programming shall be provided for through the IEP process. Extended School Year Programming shall not be limited only to the summer months.

Supervision and Administration

The Superintendent, Director Special Education, and the building Principals or their designees shall supervise the services and programs provided to students with disabilities.

Paraprofessionals shall work under the direct supervision of appropriately certified personnel and be supervised by the professional under whom they work as often as deemed necessary by the District, but no less than once each week. Paraprofessionals shall implement plans designed by the supervising professionals and monitor the behavior of student(s) with whom they work. They may not design or evaluate the effectiveness of programs. Paraprofessional performance will be evaluated through a predetermined review process.

Legal References:

20 U.S.C. § 1400 et seq., Individuals with Disabilities Education Act
34 C.F.R. § 300 et seq., Assistance to the States for the Education of Children with Disabilities
RSA 186-C, Special Education
N.H. Code of Administrative Rules, Section Ed. 1100, Standards for the Education of Students With Disabilities
Appendix JICD-R

Category: R

See also JICD

1st Reading: May 19, 2009
2nd Reading: June 16, 2009
Adopted: June 16, 2009