N.H. Code Admin. R. Ed 1113.10

Current through Register No. 16, April 18, 2024

Section Ed 1113.10 - Class Size and Age Range

(a) The following shall apply to the early childhood program for children with disabilities ages 3 through 5:

(1) A preschool child may receive some or all special education and related services in a regular early childhood program as determined by the IEP team; and

(2) Qualified personnel shall provide services as identified in the IEP or IFSP.

(b) The following shall apply to the home program for children with disabilities ages 3 through 5:

(1) A preschool child may receive some or all special education and related services in the child's home, as determined by the IEP team; and

(2) Qualified personnel, as identified in the IEP or IFSP, shall provide services in the home.

(c) The following shall apply to early childhood special education programs which are made up of early childhood special education classes:

(1) An early childhood special education class shall be considered a special education class when it includes less than 50% children without disabilities;

(2) In an early childhood special education program there may be more than one early childhood special education class;

(3) The LEA shall ensure the individual needs of the children with disabilities can be met when determining the number of children to be enrolled and staffing in the early childhood special education class;

(4) Preschool children with disabilities will be placed in an early childhood special education program consistent with Ed 1111.01(a) and CFR 300.114;

(5) Preschool children in an early childhood special education class shall be between the ages of 3 and 5 years of age, a 2 year old who turns 3 during the school year, or a 5 year old who turns 6 after September 30 of the school year;

(6) The minimum teacher to student ratio in all early childhood special education classes shall be:

a. One qualified teacher for one to 8 preschool students;

b. One qualified teacher and one qualified paraprofessional for 8-12 preschool students unless the needs presented by the severity of the disabilities warrants the assignment of additional staff; or

c. Two qualified teachers for 8-12 preschool students;

(7) The maximum number of preschool children in an early childhood special education class shall be 12; and

(8) Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program.

(d) The following shall apply to a self-contained special education class grades K - 12:

(1) A special education class shall be considered self-contained when children with disabilities spend more than 60 percent of their day in that setting;

(2) A minimum teacher to student ratio in all self-contained programs shall be:

a. One qualified teacher for one to 8 students;

b. One qualified teacher and one qualified paraprofessional for 8 to 12 students unless the needs presented by the severity of disabilities warrants the assignment of additional staff; or

c. Two qualified teachers for 8 to 12 students;

(3) The maximum number of children in a self-contained classroom shall be 12;

(4) Children ages 6 -16 in self-contained special education classes shall have an age range of not more than 4 years;

(5) Self-contained programs shall, to the greatest extent possible, include students of comparable developmental and functional levels;

(6) Regardless of the specific teacher-student ratio, each program shall provide personnel who are endorsed in the area of disability consistent with the student population of the program;

(7) Children in self-contained special education classes on the elementary level shall have an age range of not more than 4 years; and

(8) On the junior and senior high school levels, children in self-contained classes shall have an age range of not more than 4 years and an academic range of not more than 5 years.

(e) The following shall apply to resource rooms:

(1) Resource rooms shall serve children with disabilities for no more than 60 percent of the child's school day as an adjunct to assignment to regular educational programs;

(2) Children with disabilities shall not receive all of their academic instruction in resource rooms;

(3) The total number of children with disabilities being served in the resource room at any given time shall not exceed 12 children without the assistance of support personnel;

(4) The maximum number of children with disabilities served in a resource room at any given time shall be 20; and

(5) The LEA shall ensure that the abilities of the resource room teacher match the needs of the children with disabilities and that the resource room teacher is capable of implementing the IEPs of all the children with disabilities assigned to the resource room.

N.H. Code Admin. R. Ed 1113.10

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.