IEP vs 504 Plan in New Hampshire: An Autism Parent's Guide

Disclaimer: This is educational content, not legal advice. For active disputes or complex situations, consult a special education attorney or your state Parent Training and Information Center.

Every state layers its own rules on top of the federal IDEA (Individuals with Disabilities Education Act) and Section 504 of the Rehabilitation Act. New Hampshire's special-education rules are captured in the New Hampshire Standards for the Education of Children with Disabilities (Ed 1100 series), administered by the New Hampshire Department of Education (NHED), Bureau of Special Education. This guide walks you through the New Hampshire-specific process for requesting an IEP or 504 plan for an autistic student, the timelines you can hold your district to, and where to turn when things stall.

IEP vs. 504: the short version

| | IEP (under IDEA) | 504 Plan (under Section 504) | |---|---|---| | What it is | A legally-binding individualized education program with goals, services, and measurable outcomes | A plan of accommodations that removes barriers to equal access | | Who qualifies | Students with one of 13 disability categories who need specially designed instruction | Students with any physical or mental impairment that substantially limits a major life activity | | Services included | Specially designed instruction, speech/OT/PT, transportation, assistive technology, behavioral supports, transition planning | Accommodations and related aids (extended time, seating, sensory breaks, but typically no specially designed instruction) | | Cost | Free under FAPE (Free Appropriate Public Education) | Free | | Funding source | Federal IDEA + state + local | Federal civil rights law — school bears cost | | Reviewed | Annually; re-evaluated every 3 years | Annually | | Dispute process | Due process hearing, mediation, state complaint | OCR complaint (Office for Civil Rights) |

For most autistic students, an IEP is the more comprehensive tool — it's the only vehicle for specialized instruction, speech and OT delivered in-school, and structured transition planning for life after graduation.

A 504 plan may be the right tool if your autistic child: (a) accesses general education without needing specialized instruction, (b) needs only environmental accommodations (sensory breaks, quiet testing space, sensory tools), or (c) has already graduated to post-secondary education where 504 applies but IDEA does not.

Step 1: Submit a written evaluation request

Under New Hampshire rules, any parent can request an evaluation at any time. Write your request as a formal letter (email is fine but keep a copy), dated and sent to the school principal and the district's director of student services. Use this template:

"Dear [Principal Name], I am requesting a comprehensive special education evaluation for my child, [child's name], under IDEA and Ed 1100. I have concerns about [briefly: social communication, sensory processing, academic, behavioral]. Please treat this as a formal written request for evaluation. Please send me a copy of my procedural safeguards. I look forward to your response."

New Hampshire requires the district to respond to your written request with prior written notice — either proposing to evaluate (with a consent form) or refusing to evaluate (with specific reasons). NH requires a disposition of the referral within 15 business days of receipt under Ed 1107.

Step 2: The evaluation timeline

Once you sign consent:

• 60 calendar days to complete the evaluation (New Hampshire adopts the federal IDEA timeline under Ed 1107).
• The IEP team meeting follows shortly after evaluation completion.
• Comprehensive evaluation must include: cognitive, academic, adaptive behavior, developmental history, social-emotional, speech-language (if relevant), occupational therapy (if relevant), and autism-specific measures.

An evaluation may be conducted even without a formal medical autism diagnosis — New Hampshire follows the educational-eligibility framework, which is separate from medical diagnosis. A medical diagnosis can streamline eligibility determination but is not required.

If your district misses the 60-day deadline, file a state complaint with NHED's Bureau of Special Education (see Step 7 below).

Step 3: The eligibility meeting and IEP development

New Hampshire uses 13 federal categories of disability. Autism is one. Eligibility requires:

1. The student meets the educational definition of autism under Ed 1111, AND
2. The autism adversely affects educational performance, AND
3. The student needs specially designed instruction as a result.

Note: A medical autism diagnosis alone does not automatically qualify a child for an IEP under IDEA. The third prong — needing specially designed instruction — matters.

The IEP team must include:

• Parent(s) (you)
• At least one general education teacher
• At least one special education teacher or provider
• A Local Education Agency (LEA) representative authorized to commit resources
• Someone who can interpret the evaluation data
• The student (when appropriate; required once transition planning begins at 14 in NH)
• Related service providers (speech, OT, BCBA) as appropriate
• Anyone else you or the district invites (advocate, outside therapist, grandparent)

You can bring anyone to the IEP meeting. The school must give you reasonable written notice of the meeting and schedule it at a mutually agreed time.

Step 4: Key New Hampshire-specific IEP rights

Transition planning starts at 14 in New Hampshire — earlier than the federal default of 16. NH Ed 1109 requires postsecondary transition goals and services to begin at age 14 (or younger if appropriate).

Extended School Year (ESY). New Hampshire requires ESY services when the IEP team determines they are necessary to provide FAPE, based on regression/recoupment, nature and severity of disability, or emerging critical skills.

Least Restrictive Environment (LRE). New Hampshire strongly presumes the general education classroom. A more restrictive placement requires documented evidence that the student can't be educated there with supplementary aids and services.

Behavioral supports for students with autism. If your child's behavior impedes learning, the IEP team must consider a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP). New Hampshire statute (RSA 126-U) restricts the use of restraint and seclusion in schools and requires reporting to the NHED.

Manifestation determination. If your child faces suspension of more than 10 school days in a year, the team must determine whether the behavior is a manifestation of the disability. If it is, the district cannot proceed with the disciplinary change of placement.

Area agencies and transition. New Hampshire's Developmental Disability system is organized through 10 Area Agencies that coordinate adult services. Connect with the Area Agency in your region well before transition age — services like the Developmental Services waiver have application processes that take time.

Education Freedom Accounts (EFAs). NH has an Education Freedom Account program. Using EFA funds in private settings may change which federal IDEA protections apply — ask your PTI before opting in.

Step 5: When a 504 plan makes sense

For some autistic students — particularly those with strong cognitive abilities and milder academic impact — a 504 plan may be more appropriate:

• Extended test time (time-and-a-half or double-time)
• Quiet testing environment
• Scheduled sensory breaks
• Visual schedules and advance notice of schedule changes
• Fidget tool permission
• Assistive technology access
• Modified homework demands
• Permission to leave class without questioning when overwhelmed
• Priority seating away from distractions

New Hampshire 504 plans are administered by the district's Section 504 coordinator (often separate from the director of student services). Evaluation is simpler — typically a review of medical records and one team meeting.

504 plans are renewable annually and don't require re-evaluation every 3 years.

Step 6: Independent Educational Evaluation (IEE)

If you disagree with the district's evaluation, you have the right to request an Independent Educational Evaluation at public expense. The district must either pay for the IEE or file for due process to defend their evaluation.

New Hampshire districts typically have criteria on acceptable evaluators and cost ranges. You do not lose any rights by requesting an IEE — it's a baseline IDEA protection.

Step 7: Dispute resolution in New Hampshire

When you and the district disagree, New Hampshire offers several formal mechanisms — use them in roughly this order, from least to most adversarial:

1. Facilitated IEP meeting / mediation

NHED provides trained facilitators and state-funded mediators at no cost through the Special Education Mediation Service. Mediation is confidential and non-binding unless a written agreement is signed.

2. State complaint

Filed with NHED's Bureau of Special Education if the district has violated IDEA or Ed 1100. NHED has 60 days to investigate and issue a written decision. Best path for clear procedural violations (missed timelines, failure to implement IEP as written).

3. Due process hearing

Legally-binding; quasi-judicial; covers substantive disagreements. Two-year statute of limitations. You should have an attorney for due process.

Step 8: New Hampshire parent resources

• Parent Information Center on Special Education (PIC) — New Hampshire's Parent Training and Information Center. Free training, 1-on-1 parent mentorship, IEP preparation help. This is your first call.
• Disability Rights Center – NH — New Hampshire's P&A agency. Free legal representation for students with disabilities in serious cases.
• NHED Bureau of Special Education — answers questions and accepts state complaints.
• Your regional Area Agency (one of 10) — coordinates developmental disability services and transition planning.
• Institute on Disability (University of New Hampshire) — training, research, and technical assistance.
• Autism Society of New Hampshire — parent support and autism-specific advocacy.
• Council of Parent Attorneys and Advocates (COPAA) — national organization with NH members.

Step 9: Common New Hampshire pitfalls to avoid

1. Not getting the written request timestamp. The 15-business-day disposition clock starts when your request is received.
2. Missing the transition planning window. New Hampshire starts at 14 — if your child turns 14 this school year, transition planning should be on the IEP agenda.
3. Not connecting with an Area Agency early. The DD waiver system has long timelines; start well before age 18.
4. Signing an IEP you disagree with. You can consent to the parts you agree with and mark disagreement on the parts you don't.
5. Using the wrong dispute path. State complaint for procedural violations; due process for substantive ones; OCR for 504 discrimination.
6. Forgetting to copy the director of student services. Letters only to the principal can get lost; CC the district director of student services (NH's common title for the SPED director).
7. Opting into an EFA without understanding it. Ask your PTI before leaving public special education.

Where to start today

1. Draft and send your written evaluation request (Step 1 template above).
2. Contact the Parent Information Center (PIC) for a free consultation before your first IEP meeting.
3. If your child is 13+, raise transition planning at every meeting (NH age is 14).
4. If your district is missing a deadline, file a state complaint with NHED — the 60-day response is often faster than due process.

Find educational supports in New Hampshire →

View the New Hampshire diagnosis guide →

View the New Hampshire adult-services guide →