May 22, 2026
Superintendent Mario Andrade
141 Ledge Street
Nashua, NH 03060
RE: Elementary Special Education Program Redesign
Submitted via email: andradem@nashua.edu
Dear Superintendent Andrade,
I am writing to share additional concerns about the proposed reconfiguration of the Nashua elementary special education program. Similar efforts to force students with disabilities to access special education in “hub schools” with higher concentrations of children than in their home schools have faced investigation and legal challenges around the country.
In a May 8, 2026 press release, the U.S. Department of Education Office for Civil Rights announced it was opening a disability discrimination investigation into the Houston Independent School District in Houston, Texas. See Exhibit A. The Houston school district is alleged to have proposed a program of separating students with disabilities from the larger student population beginning next school year. Assistant Secretary for Civil Rights Kimberly Richey said that, “Schools cannot exclude students with disabilities simply because of their disability status. Placement decisions must be made individually, based on each student’s needs, rather than by blanket policies that segregate students by disability category.”
You should also be aware of a recent United State Court of Appeals for the Tenth Circuit victory for students seeking individualized placements. See Exhibit B. The Tenth Circuit Court of Appeals ruled that the plaintiffs, two elementary school students with intellectual disabilities, stated plausible claims for relief under the Individuals with Disabilities Education Act, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act for the school district’s failure to make individualized educational placement determinations.
As I underscored in the May 5, 2026 letter from DRC-NH to Nashua School Board, attached hereto as Exhibit C, federal law requires that educational placement decisions be made individually, based on a student’s unique needs; it does not allow predetermined placement decisions for a group of students based on similar needs. Sincerely,
Stephanie Patrick
Executive Director
Disability Rights Center-NH
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DRC-NH is New Hampshire’s designated Protection and Advocacy agency and protects, advances, and strengthens the legal rights and advocacy interests of all people with disabilities. More information about DRC-NH can be found at http://www.drcnh.org.
CC: bishopj@nashua.edu
With Enclosures
