Catching Up On Emergency Orders Relating to Special Education: #48 and #64

Federal and state laws remain in effect during the pandemic

Parents who have concerns about a child’s access to special education services can contact us to speak with an attorney free of charge.

Emergency Order #48
Through the issuance of Emergency Order #48, the Governor recognized that schools cannot delay efforts to meet the educational needs of children with disabilities and that parents must be included in the process of determining the instruction and special education services their children require to receive an appropriate education and make meaningful progress on their Individualized Education Program (IEP) goals.

Emergency Order #48 provides reasonable deadlines for schools to meet with parents and determine what Extended School Year (ESY) services and compensatory education services students with disabilities require to prevent regression and make-up services and supports children with disabilities require to receive an appropriate education.  In addition, the order makes it clear that schools must comply with evaluation timelines, while allowing some flexibility for schools to obtain information needed so that students can receive the services and supports they need.

Emergency Order #48 recognizes that one-size-fits-all solutions are not appropriate for students with disabilities and calls schools to act accordingly.

For more information visit: drcnh.org/covid-19/governor-sununu-acts-to-protect-special-education-rights

Related Resources

DRC-NH webpage: Special Education and COVID-19
Parent Information Center: COVID-19 and Special Education What NH Families Need To Know


Emergency Order #64

Children with disabilities are among the most vulnerable students in the COVID-19 public health crisis. Students with disabilities across the state have missed significant instructional time as well as related services such as counseling, speech language, occupational, and other therapies.

With the issuance of Emergency Order 64, Governor Sununu reminded school districts that their state and federal obligations to provide a Free Appropriate Public Education (FAPE) to students with disabilities remain despite the pandemic. Specifically, he affirmed that children with disabilities continue to have the right to a FAPE and that in order to meet this obligation, even school districts that have chosen a remote instruction environment, may have to provide in-person services if necessary to meet an individual students’ needs.

For more information visit: drcnh.org/news/gov-sununu-reaffirms-sped-rights


About DRCNH

Disability Rights Center – New Hampshire is a statewide non-profit organization dedicated to eliminating barriers for people with disabilities across New Hampshire. DRC is the federally designated protection and advocacy agency for New Hampshire and has authority under federal law to conduct investigations in cases of probable abuse or neglect.


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