The New Hampshire IEP Process: Timelines, Steps, and What SAUs Don't Advertise

The New Hampshire IEP process follows a specific sequence of legally mandated steps, with strict timelines that your school district is required to honor. Most families discover these rules only after something has gone wrong. Here is the process laid out before that happens.

Step 1: The Referral (Ed 1106)

A referral can come from anyone—a parent, a teacher, a pediatrician, or an early intervention specialist. But the clock doesn't start until a formal written referral is received by the SAU.

Once that written referral arrives, the SAU has 15 business days to convene a meeting to determine the disposition of the referral. At this meeting, the team decides whether there is sufficient evidence to warrant a formal evaluation. They cannot simply sit on the referral. If they do not convene within 15 business days, they are in violation of Ed 1107.

What parents miss: A verbal conversation with a teacher does not start the clock. Your request must be in writing and addressed to the SAU's Special Education Director or Director of Student Services—not just the classroom teacher or building principal. Keep a copy and note the date sent.

The team at this meeting may also ask about the child's history with MTSS or RTI tiers. Under New Hampshire law, a school cannot use ongoing MTSS interventions to delay or deny a formal evaluation if a parent has requested one in writing or if there is a strong clinical suspicion of a disability.

Step 2: Evaluation Consent and the 60-Day Window (Ed 1107)

If the team agrees to evaluate, they must obtain your written consent before proceeding. This is your Written Prior Notice of Evaluation—keep it, date it, and note when you return it signed.

From the date the district receives your signed consent, they have 60 calendar days (not business days—calendar days) to complete a comprehensive evaluation. This evaluation must:

• Assess all areas of suspected disability
• Be conducted by appropriately credentialed professionals
• Include assessments that are not discriminatory on a racial or cultural basis
• Use a variety of assessment tools—not just standardized testing

In New Hampshire, school psychologists who conduct cognitive evaluations must hold a Specialist in the Assessment of Intellectual Functioning (SAIF) credential. If an evaluator conducting a psychological evaluation does not hold this credential, their results may be challengeable.

The rural SAU problem: In small North Country SAUs, it is common for a single professional to serve simultaneously as the evaluator, the service provider, and the IEP team chairperson. This consolidation creates a documented conflict of interest—the same person assessing your child's needs is constrained by their own scheduling and the district's budget. If you're in a small SAU, consider requesting an Independent Educational Evaluation (IEE) alongside the district's evaluation, especially if the results seem minimized.

Step 3: Eligibility Determination (Ed 1108)

At least 5 days before the eligibility meeting, you must receive a copy of the evaluation results. Do not waive this right. You need time to review the reports, formulate questions, and potentially consult an outside clinician before sitting down at the table.

At the eligibility meeting, the IEP team determines two things:

1. Does the child meet the criteria for one of New Hampshire's 14 disability categories?
2. Does the child require specialized instruction as a result of that disability?

Both prongs must be met. A child with a documented ADHD diagnosis who is passing all classes with minor accommodations likely does not meet the second prong—they may qualify for a 504 plan instead.

If the team determines your child is not eligible, you have the right to disagree and request an IEE at public expense, or file for mediation or a due process hearing. The district must provide you with Written Prior Notice explaining the basis for any eligibility denial.

Step 4: IEP Development (Ed 1109)

If eligible, the team convenes an IEP meeting (often the same day as the eligibility meeting, or shortly after) to develop the IEP document. The IEP must include:

• Present Levels of Academic Achievement and Functional Performance (PLAAFP)
• Measurable annual goals aligned with New Hampshire College and Career Ready Standards
• Related services (speech, OT, PT, counseling, transportation)
• Accommodations and modifications
• Progress monitoring schedule
• Transition planning if the student is 14 or older (New Hampshire requires transition planning to begin at age 14, two years earlier than federal law requires)
• Extended School Year (ESY) consideration

Your signature on the IEP signals consent to implement it—or you can consent to some parts and reject others. You are never required to sign on the spot.

Step 5: Placement (Ed 1111)

Placement—the determination of where services will be delivered—happens after the IEP goals and services have been determined. This sequencing is legally required and frequently violated. If you attend an IEP meeting where the team announces a placement before discussing what your child needs, note that in writing.

Placement follows the Least Restrictive Environment (LRE) principle: your child must be educated alongside non-disabled peers to the maximum extent appropriate. More restrictive settings (separate classrooms, specialized day programs, out-of-district placements) require documented evidence that less restrictive settings cannot meet the child's needs.

Out-of-district placements in NHDOE-approved private programs often exceed $140,000 per year. Because of New Hampshire's chronic catastrophic aid underfunding—the state reimbursed only 67.5% of legitimate claims in FY 2025, down from 98.3% in 2022—SAUs face severe financial pressure to keep students in-district even when out-of-district placement is clinically necessary.

Step 6: Annual Review and Triennial Re-evaluation

The IEP team must meet at least once per year to review and revise the IEP. This annual review is your best opportunity to document progress (or lack of it) and request changes to services, goals, or placement.

Every three years, a full re-evaluation determines continued eligibility. You can mutually agree in writing with the district to waive the re-evaluation if both parties are satisfied that existing data is current and adequate—but you are never obligated to waive it. If your child's needs have changed significantly, insist on a full evaluation rather than relying on a record review.

What Triggers the Clock Between Meetings

You do not have to wait for the annual review to request a meeting. You can request an IEP meeting in writing at any time. The district must hold that meeting within a reasonable timeframe—typically interpreted as 30 days. If you believe the IEP is not being implemented, services are being missed, or your child's needs have changed materially, put your request in writing and address it to the Special Education Director.

The New Hampshire IEP & 504 Blueprint includes a step-by-step timeline summary, templates for referral requests and IEE demands, and specific guidance on navigating SAU hierarchy when building-level administrators are unable to commit resources.

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