Stephen
Berwick, Paralegal, tel. 603/271-2299; e-mail: sberwick@ed.state.nh.us
Users' Guide to Administrative Process  
Request for Reasonable Accommodation Form
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:
(1)
The name, address and phone number of the person making
the appeal;
(2)
How the person has been adversely affected by the decision;
(3)
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. The first format is organized chronologically by case number and includes the outcome of the State Boards action. The second format is organized 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.
The written request to the division required to initiate the hearing process shall include:
(1) The full name and address of the individual; and
(2) A description of why the individual is not satisfied with the determination or with the outcome of the mediation procedure, as applicable.
When providing a written request for a hearing is a burden to the individual because of the individual’s disability, the division shall accept a request in the appropriate mode of communication that is consistent with the informed choice of, and used by, the individual in order to promote the fair, accurate, and efficient resolution of issues.
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