IHBA: Programs for Pupils with Disabilities

Policy Date: 01/02/2025

CSD File: IHBA

CANDIA SCHOOL DISTRICT
PROGRAMS FOR PUPILS WITH DISABILITIES

A. PROGRAMS AND SERVICES
The district shall provide a free, appropriate public education and necessary related services to
all children with disabilities residing within the district, required under the Individuals with
Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II,
and the American with Disabilities Act, and New Hampshire Law. These laws include
procedures for identification, evaluation, placement, and delivery of services to children with
disabilities.

Disabilities are defined differently under the IDEA than under Section 504 and Title II. While
the IDEA focuses on special educational services for children with disabilities and the related
rights afforded to eligible students and their parents,, Section 504 and Title II focus on the
non-discrimination rights of students as well as other individuals with disabilities who are not
students, such as family members with disabilities, and members of the public with disabilities
seeking information from, or access to, the services, programs, and activities of the public
school Such rights can include the provision of regular or special education and related aids
and services that are designed to meet the individual educational needs of students with
disabilities as adequately as the needs of non-disabled students are met.

An IDEA-eligible student is entitled to receive special education and related services when the
student reaches three years of age and continues until the student’s 22nd birthday or until
such time as he/she receives a regular high school diploma, whichever occurs first, or until the
student’s Individualized Education Program (IEP) Team determines that the student no longer
requires special education in accordance with federal and state law. At the discretion of the
Superintendent and/or his/her designee, students who reach the age of 22 during the
academic year may be allowed to complete the remainder of the school year.

B. NOTICE OF PROCEDURAL SAFEGUARDS
IDEA SAFEGUARDS. For IDEA-eligible students, the District utilizes the New Hampshire
Special Education Procedural Safeguards, which can be accessed through the New Hampshire
Department of Education website or obtained from the District’s Student Services Office.

The District will provide a copy of New Hampshire Procedural Safeguards in Special Education
to the parents/guardians of a child with a disability one time per year. This is typically done at
each annual IEP team meeting. A copy shall also be given to the parents:

1. Upon initial referral or parent request for evaluation;
2. Upon receipt of the first request for a due process hearing filed in a school year;
3. Upon receipt of the first State complaint in a school year;
4. Upon request by a parent; and
5. In accordance with the discipline procedures in §300.530(h).

Further information regarding special education procedures and services is available through
the District Student Services Office, and in the District’s Special Education Policy and
Procedures Manual, a copy of which is available through that office.

SECTION 504 SAFEGUARDS. For procedural safeguards relative to Section 504, the District
utilizes the “Notice of Parent and Student Rights under Section 504”, an administrative
document coded as IHBA-R.

The Superintendent or Superintendent’s designee shall assure that the Notice of Parent and
Student Rights Under Section 504 is updated annually to reflect current contact
information consistent with the annual update of policy AC-R. The District shall provide a
copy of the Notice of Parent and Student Rights under Section 504 to the parents/guardians of
a child with a disability one time per year. This is typically done at each Section 504 team
meeting.

Legal Reference: 20 USCA {1400et seq., RSA 186-C, 34 C.F.R. {300 et seq., NH Ed Rule, Section
Ed. 1100, NH Code of Administrative Rules, Section Ed. 1100, Standards for the Education of
Children with Disabilities RSA 186-C, Special Education

Adopted: November 9, 1976
Revised: April 11, 1989
Adopted: November 2, 2000
Revised: June 5, 2008, February 9, 2023, January 2, 2025