N.H. Rev. Stat. § 186-C:2 — NH Code / Title XV / Chapter 186-C / Section 2
186-C:2 Definitions.
Status: in_force

In this chapter: I. "Child with a disability" means any person between the ages of 3 and 21, inclusive, who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, acquired brain injury, another health impairment, a specific learning disability, deaf-blindness, multiple disabilities, or a child at least 3 years of age but less than 10 years of age, experiencing developmental delays, who because of such impairment, needs special education or special education and related services. "Child with a disability" shall include a person between the ages of 18 and 21 inclusive, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution. I-a. "Developmentally delayed child" means a child at least 3 years of age or older, but less than 10 years of age, who, because of impairments in development, needs special education or special education and related services, and may be identified as being developmentally delayed provided that such a child meets the criteria established by the state board of education. I-b. "Division" means the division of learner support, department of education. I-c. "Bureau" means the bureau of special education support within the division of learner support in the department of education. I-d. "Acquired brain injury" means a brain injury that occurs after birth, including injury sustained by traumatic brain injury (TBI), injuries secondary to trauma, infection, disease, or lack of oxygen resulting in total or partial functional disability, and/or psychosocial impairment, and/or cognitive impairment, that adversely affects a child's educational performance and requires special education and/or related services. II. "Approved program" means a program of special education within the school districts, chartered public schools, public academies, joint maintenance agreements, state facilities or private providers of special education that is responsible for all aspects of the provision of special education services and related supports. II-a. "Approved educational environment" means a special education setting that has received approval from the bureau. This environment is managed by the school district, chartered public school, public academy or joint maintenance agreement and serves children with disabilities, as specified in their individual education program, when they are removed from their general education setting. This does not limit the different educational environments afforded to students through IDEA and would only apply to resource rooms, self-contained classrooms, and early childhood special education programs. Children with disabilities will be placed in the least restrictive environment where they are able to make the most progress towards their goals as determined by their IEP team with an emphasis on the regular education setting. III. "Individualized education program" means a written plan for the education of a child with a disability that has been developed by a school district in accordance with rules adopted by the state board of education and that provides necessary special education or special education and related services within an approved program. IV. "Special education" means specially designed instruction to meet the unique needs of a child with a disability. V. "Specially designed instruction" is defined in the Individuals with Disabilities Act 34 C.F.R. section 300.39(b)(3) and means instruction which is: (a) Provided by appropriately state certified teachers or related services providers; (b) Delivered in an explicit, systemic manner; (c) Can be provided in any educational environment in accordance with the child's IEP and least restrictive environment; (d) Directly addresses goals in the child's IEP; and (e) Is closely monitored to make sure that the student is making progress toward mastering their goals. VI. "Special education information system" is the electronic information system used by all districts to report their special education data and student information for federal and state requirements. VII. "Related services" shall be as defined in the Individuals with Disabilities Education Act and 34 C.F.R. section 300.34. VIII. "Parent" means: (a) A natural or adoptive parent of a child who has legal custody of the child; (b) A guardian of a child, but not the state when the state has legal guardianship of the child; (c) A person acting in the place of a custodial parent or guardian of a child, if no other custodial parent or guardian is available, who is designated in writing to make educational decisions on the child's behalf by such parent or guardian; (d) A surrogate parent who has been appointed in accordance with RSA 186-C:14; or (e) A foster parent of a child who has been appointed in accordance with RSA 186-C:14-a.