Updating special education definitions

““Acquired brain injury” means a brain injury that occurs after birth, including injury sustained by traumatic brain injury (TBI), injuries secondary to trauma, infection, disease, or lack of oxygen resulting in total or partial functional disability, and/or psychosocial impairment, and/or cognitive impairment, that adversely affects a child’s educational performance and requires special education and/or related services.”

A new disability category written into state law, alongside traumatic brain injury.AI noteAI-generated

“"Special education" means [instruction specifically] specially designed instruction to meet the unique needs of a child with a disability. [V.(a) "Related services" means: (1) Suitable transportation to all children with disabilities whose individualized education program requires such transportation. The school district may board a child as close to the place where instruction is to be furnished as possible, and shall provide transportation, if required by the child's individualized education program, from the place where the child is boarded to the place of instruction; and (2) Such developmental, corrective, and other supportive services as are specifically required by an individualized education program to assist a child with a disability to benefit from special education; and (3) Services necessary for a child with a disability to benefit from special education and when placement in a residential facility has been made by the legally responsible school district in order to comply with RSA 186-C:9, or when placement has been ordered by a hearings officer or by a court of competent jurisdiction on appeal, pursuant to rules adopted by the state board of education under RSA 186-C:16, IV. (b) "Related services" shall not include medical services unless such services are necessary for purposes of diagnosis and evaluation. VI. "Functionally blind" means a pupil who has: (a) Visual acuity of 20/200 or less in the better eye with the use of the best correction for any refractive error, or a limited field of vision in which the widest diameter of the visual field subtends an angle no greater than 20 degrees. (b) A medically indicated expectation of visual deterioration. (c) A functional limitation resulting from a medically diagnosed visual impairment which restricts the child's ability to read and write standard print at levels expected of other children of comparable ability and grade level. ] V. “Specially designed instruction” is defined in the Individuals with Disabilities Act 34 C.F.R. section 300.39(b)(3) and means instruction which is: (a) Provided by appropriately state certified teachers or related services providers; (b) Delivered in an explicit, systemic manner; (c) Can be provided in any educational environment in accordance with the child’s IEP and least restrictive environment; (d) Directly addresses goals in the child’s IEP; and (e) Is closely monitored to make sure that the student is making progress toward mastering their goals.”

The definitional switch at the center of the bill: "specially designed instruction," defined by the federal standard, replaces the old state phrasing.AI noteAI-generated

“"Approved educational environment” means a special education setting that has received approval from the bureau. This environment is managed by the school district, chartered public school, public academy or joint maintenance agreement and serves children with disabilities, as specified in their individual education program, when they are removed from their general education setting. This does not limit the different educational environments afforded to students through IDEA and would only apply to resource rooms, self-contained classrooms, and early childhood special education programs. Children with disabilities will be placed in the least restrictive environment where they are able to make the most progress towards their goals as determined by their IEP team with an emphasis on the regular education setting.”

Approval moves to the bureau, and the least-restrictive-environment principle is stated in the definition itself.AI noteAI-generated

“A presumption that proficiency in Braille reading and writing is essential for the pupil's satisfactory educational progress. Every [functionally blind pupil] student with a visual impairment shall be entitled to Braille reading and writing instruction unless all members of the pupil's special education team concur that instruction in Braille or the use of Braille is not appropriate for the pupil.”

The Braille presumption survives the rewrite; only the term for the students it covers changes.AI noteAI-generated