Users' Guide to Administrative Process updated forms 1-13-14
Request for Reasonable Accommodation Form is also in the Users' Guide
Please send all forms to request Hearings to: Office of Legislation and Hearings, 101 Pleasant Street, Concord, NH 03301
Third Party Discussion Led by Moderator
For more than 20 years the New Hampshire Department of Education (NHDOE) has actively promoted Alternative Dispute Resolution (ADR) as a timely, cost-effective and confidential method of helping people to resolve disputes before going to an administrative hearing. The result of conversations with a variety of stakeholders during the past year, is the creation of the Informal Third Party Discussion Led by Moderator.
The Department's special education due process hearing is the final administrative remedy for disputes between parents and school districts. Decisions of a hearing officer in special education due process hearings shall be appealed directly to a court of competent jurisdiction. Prior to requesting a due process hearing, if the parties agree, the department will provide either mediation or a neutral conference as an alternative for resolving the dispute.
This list does not purport to be comprehensive or entirely up-to-date. Nor does the inclusion or exclusion of anyone imply a positive or negative of recommendation. This list is offered solely as a public service. The N.H. Bar Association (telephone (603) 224-6942) also has a lawyer referral service that may include attorneys interested in representing parents in special education cases.
A party aggrieved by a decision at the local level may appeal to the state board for review, in accordance with Ed 200, provided that such appeal is filed within 30 days of receipt of the written decision of the local board or 7 days after any alternative dispute resolution that did not produce an agreement with parties. Each appeal shall be in writing and shall be addressed to the office of legislation and hearings.
Each appeal shall state the following
The party filing the appeal shall enclose a copy of the final local board decision.
State Board decisions
An individual who is dissatisfied with any determination made by personnel of the division that affects the provision of vocational rehabilitation services shall, in accordance with Ed 1004.05, notify the division in writing of his or her intent to initiate a hearing. The division shall forward all requests to initiate hearings to the office of legislation and hearings in the Department of Education. Hearings shall be conducted by the office of legislation and hearings. The written request for a hearing shall be made within 30 days after the division notifies the individual of its determination or completion of an alternative dispute resolution procedure.
Although the Department of Education neither enforces Section 504 nor provides impartial hearings pertaining to Section 504, the New Hampshire Department of Education does encourage the parties to enter informal processes to resolve the dispute at the local level and, if resolution at the local level is deemed unreachable, does offer Department scheduled-mediation for a variety of matters, including Section 504 (please see Users’ Guide to Administrative Process (above) for information about Department-scheduled mediation). Please be aware that although mediation is encouraged, mediation should not hinder the right to a 504 hearing.
Coordinator, Dispute Resolution, and Constituent Complaints
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