Section Ed 1126.03 - Program Approval of Public and Non-Public Programs(a) All programs operated by LEAs, public academies, private providers of special education, public agencies, and other non-LEA programs shall be approved, utilizing the New Hampshire special education approval process in Ed 1126.02 as determined by the bureau of special education in the department. The bureau of special education in the department shall issue a written report of findings to the monitored program, indicating compliance or non-compliance with statutes and rules relative to all programmatic components and issues monitored by the reviewing team.(b) The written report of findings indicating compliance or noncompliance shall include corrective actions for each area of non-compliance and timelines for which the corrective actions shall be completed.(c) The monitored program listed in Ed 1126.03(a) may respond to the bureau of special education's report and request changes regarding factual errors within 15 days of receipt of the written report. The director of the bureau of special education shall review the request for reconsidering evidence of fact(s) presented and issue the bureau's decision and final report no later than 30 days after receiving the request for changes from the monitored program.(d) The bureau of special education in the department shall issue an approval of the program as follows: (1) An LEA program shall remain approved unless disapproved. In the event that standards are not met, the bureau of special education shall monitor and enforce a corrective action plan and apply appropriate sanctions as necessary to ensure compliance;(2) The private provider of special education, public academy or other non-LEA program shall receive approval by the bureau of special education if their program meets the standards established by the IDEA and Ed 1100;(3) The private provider of special education, public academy or other non-LEA program shall receive provisional approval if:a. The issue(s) of non-compliance are systemic in scope; andb. Students in the program are receiving a FAPE;(4) Private providers of special education, public academies or other non-LEA programs who are provisionally approved shall not accept any additional students with disabilities until fully approved;(5) An LEA, public academy, private provider of special education, public agency, or other non-LEA program shall have its approval revoked when the LEA, public academy, private provider of special education, public agency, or other non-LEA program does not provide FAPE and has not corrected the issue(s) of noncompliance within the timeframe specified by the department or when a condition exists endangering the health, welfare or safety of children and youth with disabilities in attendance. The commissioner of education shall take action, including, but not limited to, immediate disapproval of the program pursuant to Ed 1125; and(6) The approval status of all public academies, private providers of special education, public agencies, or other non-LEA programs shall be posted on the department of education's website on an ongoing basis.(e) For the establishment of new or changes to existing programs, the LEA, public academy, private provider of special education, public agency, or other non-LEA program shall submit a completed application that meets the standards established by IDEA and Ed 1100. Upon initial approval of the application a visit shall be scheduled by the bureau.(f) Incomplete applications for new or changed programs shall only be considered for up to 6 months from the date the program was informed of their program approval status. Incomplete applications may be completed within 6 months. Incomplete applications after 6 months will be closed.(g) No students may be placed or attend a program until the application process is complete and the program has received a notice of either initial approval or final approval.N.H. Admin. Code § Ed 1126.03
(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.