Section Ed 1006.04 - Timeline for Determining Eligibility(a) Pursuant to 34 CFR 361.41(b), an eligibility determination shall be made within 60 days of applying for services, as pursuant to Ed 1004.01(h) unless there are exceptional or unforeseen circumstances, or a trial work experience is necessary;(b) When eligibility cannot be determined within 60 days, as stated in (a) above, NHVR staff shall reach an agreement with the applicant to extend the 60-day time limit. The applicant shall be informed of:(1) The reasons for the delay and the steps necessary to reach an eligibility determination; and(2) A date for which eligibility shall be determined;(c) If the determination will be delayed beyond the projected date, staff shall work with the applicant to resolve any impediments and a new projected date for eligibility determination shall be based on the anticipated time frame to collect the necessary information;(d) If an agreement to extend the timeline for determination cannot be achieved one of the following shall apply:(1) If the delay is not due to the individual's refusal to provide information, but rather to the individual's unavailability to provide additional information or participate in additional assessment for determining eligibility, the case shall be closed pursuant to Ed 1003.03(d), and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021;(2) If the delay is due to the individual declining to provide additional information or participate in additional assessment activities after initial documentation is received, the eligibility decision shall be made as quickly as possible based on the available information, and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021; or(3) If the delay is due to the individual's refusal to provide information, the case shall be closed pursuant to Ed 1003.03(d), and the individual shall be fully informed of his or her right to an administrative review, mediation, and impartial hearing and assistance as described in Ed 1021.N.H. Admin. Code § Ed 1006.04
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031