What happens if, based on a complaint investigation, NHDOE determines that a school district has violated federal special education laws or regulations?

It depends. The NHDOE may require the school district to hold an IEP meeting to consider certain student needs. NHDOE may require the school district to conduct an evaluation or take other specific action to correct the violation for the individual student.

If the violation resulted in a lack of appropriate services for the student, NHDOE may order compensatory services or reimbursement. Sometimes, NHDOE will require the school district to meet with the parent to work out the details of the compensatory services or reimbursement. The Department may ask the District to submit a voluntary corrective action plan and may choose to negotiate the terms of that plan.

If it appears that the violation was systemic, NHDOE may require the school district to revise its policies or practices. NHDOE may require staff training on specific problems. NHDOE may require periodic monitoring or reporting of implementation.

The purpose of "corrective action" is to correct the situation. NHDOE does not impose "penalties" or fines as part of corrective action. However, if a school district fails to comply with the corrective action required in the Order, NHDOE may ensure compliance by initiating one or more of the procedures detailed in Ed 1125 "State Department of Education Enforcement"