Hearings/MediationInformation & Compliance/Allegation Procedures

Pro-Se Parent Guide to Special Education Impartial Due Process Hearings

Users' Guide to Administrative Process

Request for Reasonable Accommodation Form is also in the Users' Guide

• The Department of Education has established an office location for Hearings and Mediations at 21 S.Fruit St., Concord, NH. (Second Floor)

Please send all forms to request Hearings to: Office of Legislation and Hearings, 101 Pleasant Street, Concord, NH 03301

• Directions to the New Hearings and Mediations Office
• Hearing; Alternative Dispute Resolution Officers 2008-2009

Special Education Due Process Hearings and Alternative Dispute Resolutions

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.

State Board Hearings

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 name, address and telephone number of the person making the appeal;
• How the person has been adversely affected by the decision.
• Any other information the person deems relevant to a speedy resolution of the matter including but not limited to the law, rule or local policy which was the basis for the decision which the person is challenging.

The party filing the appeal shall enclose a copy of the final local board decision.

State Board decisions are now available in 2 formats

• Chronologically by case number (includes the outcome of the State Boards action)
• By subject

The decisions published for 1994-1999 are only selected cases that were reviewed and summarized. The cases from 2000 forward include the full report and recommendation of the hearing officer but have been redacted for the protection of personally identifiable information.

Vocational Rehabilitation Hearings

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.

Division of Higher Education Compliance/Allegation Procedures

The Division of Higher Education does not intervene in the internal procedures of colleges and universities, but does, however, respond to allegations that raise significant questions about the school’s compliance with the N.H. Code of Administrative Rules, Pos 1000 for colleges and universities, and Pos 1100 for career schools. If the allegation is applicable to a program that is approved for veterans, then compliance with the applicable Code of Federal Regulations shall be reviewed.

Before submitting an allegation, it is important that students first contact the appropriate official(s) at the institution (college, university, career school, or training establishment) they are attending, following the grievance procedure outlined in that institution’s catalogue.

All allegations should be specific in describing the nature of the allegation and relevant information: the name of the parties involved, including witnesses, dates, the policy or procedure violated (if known), the course/program, the name of the institution, and contact information. In addition, please include any supporting material that substantiates your allegation. The student should anticipate that information will be shared with the institution.

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