N.H. Admin. Code § He-M 510.05

Current through Register No. 45, November 7, 2024
Section He-M 510.05 - Parents' Right to Written Prior Notice
(a) FCESS programs shall give written notice to families before proposing, refusing to initiate, or changing the eligibility for, evaluation regarding, or provision of FCESS.
(b) The written notice referenced in (a) above shall be provided, at a minimum, prior to:
(1) Eligibility evaluations;
(2) IFSP development;
(3) IFSP reviews;
(4) Changes in IFSP services;
(5) The transition planning conference; and
(6) Notification pursuant to He-M 510.09 (f), (g), and (j).
(c) The written notice referenced in (a) above shall contain the following information:
(1) The proposed date and time of the action;
(2) The action that is being proposed or refused;
(3) The reasons for taking the action;
(4) All procedural safeguards that are available under He-M 510, He-M 203, and He-M 310; and
(5) A summary of the FCESS complaint resolution procedures set forth in He-M 203, including a description of how to file a state administrative complaint and due process complaint and the timelines under these procedures.
(d) The proposed date and time of the action in (c) above shall be timely and convenient to the family.
(e) The notice shall be written in language that is understandable to the general public and in the family's native language or other mode of communication used by the parent, unless it is clearly not feasible to do so.
(f) If the native language or the other mode of communication of the parent is not a written language, the area agency or FCESS program shall take steps to ensure:
(1) The notice is translated orally, or by other means to the parent in the parent's native language, or other mode of communication;
(2) The parent understands the notice; and
(3) There is written evidence that the requirements of (1)-(2) above have been met.

N.H. Admin. Code § He-M 510.05

(See Revision Note at part heading for He-M 510) #5745, eff 12-1-93, EXPIRED: 12-1-99

New. #7234, eff 4-22-00; amd by #7822, eff 2-8-03; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08

New. #9594, eff 11-11-09; ss by #10325, eff 4-26-13

Amended by Number 41, Filed October 12, 2023, Proposed by #13753, Effective 9/27/2023, Expires 9/27/2033.