Section Ed 1125.02 - Enforcement Procedures(a) The commissioner of education or the commissioner's designee shall appoint personnel from the bureau of special education to monitor the execution of the orders of compliance issued to an LEA, other public agency, private provider of special education, or other non-LEA program as a result of a complaint investigated in accordance with Ed 1121, a due process hearing conducted in accordance with Ed 1123, or a monitoring activity conducted in accordance with Ed 1126.(b) At the conclusion of the time limit specified for the LEA, other public agency, private provider of special education, or other non-LEA program to have completed the corrective action specified in the orders of compliance, the administrator of the bureau of special education of the department shall forward to the commissioner of education a written report indicating whether the issues have been resolved, and if not, the extent to which the agency had taken corrective action to achieve compliance with the IDEA and Ed 1100.(c) In the event the written report shows that the LEA, other public agency, private provider of special education, or other non-LEA program has not complied with orders issued by the department, the commissioner of education shall give the written notice of the further enforcement action to be taken.(d) When taking enforcement action, the commissioner shall consider: (1) Severity, length and the repetitive nature of the same or other noncompliance;(2) Whether good faith effort was made to correct the problem;(3) The impact on children who are entitled to FAPE; and(4) Whether the nature of the noncompliance is individual or systemic.(e) Enforcement action shall include, but not be limited to:(1) Corrective action plan development, implementation, and monitoring;(2) Voluntary and mandatory technical assistance as determined by the department;(3) Mandatory, targeted professional development as determined by the department;(4) Directives ordering specific corrective or remedial actions, including, but not limited to, withdrawing program approval pending an appeal;(5) Targeting or redirecting the use of federal special education funds in the areas of concern;(6) Formal referral to the bureau of credentialing for review in accordance with Ed 511.02;(7) Order the cessation of operations of discrete programs operated by a school district, collaborative program, private provider of special education, public academy, or state institution for the benefit of children with disabilities;(8) Require redirection of federal funds to remediate noncompliance of more than one year;(9) Making no further payments of state or federal funds to the LEA or other public agency until the department determines that there is no longer any failure to comply with the orders;(10) Order, in accordance with a final state audit resolution determination, the repayment of misspent or misapplied state or federal funds;(11) In the case of an LEA or other public agency, refer the matter to the department of justice for further action; and(12) In the case of a private provider of special education, or other non-LEA program, order all school districts with students placed in the private provider of special education to relocate the students for whom each district is responsible to other programs or facilities that are in compliance with the IDEA and Ed 1100.(f) A review of programs which may include a desk audit, scheduled on-site reviews, and unannounced on-site reviews, to ensure compliance shall take place weekly, monthly, or quarterly.N.H. Code Admin. R. Ed 1125.02
(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.