Transition Law

Definition: Families understand special education laws and requirements and their role in the transition process.

Supported decision-making, guardianship

New Hampshire laws & practices

  • On March 23, 2017 the NH State Board of Education adopted new and revised New Hampshire Rules for the Education of Children with Disabilities. The adopted NH Rules, Chapter Ed 1100, became effective March 23, 2017.
  • The Guide to the NH Standards for the Education of Children with Disabilities (PDF, 283 pages, 2020) includes the text of Chapter Ed 1100, plus additional supplemental text for each reference cited in the NH Standards. The Guide is not an official document; it is offered as a resource for parents, educators and others through a partnership between the NH Department of Education, Bureau of Special Education and the Parent Information Center.
  • A Family Guide to Special Education in New Hampshire (PDF, 16 pages, 2022) provides a brief overview of the NH special education process. Includes questions you can ask your child’s school about special education.
  • Become Friendly with Special Education is a guide to special education terminology and processes from SAU 39. The information is drifting out of date, but the basics are still good. (PDF, 34 pages, 2010)
  • Training: Legislative Advocacy in Action with Carrie Duran, Lakes Region Community Services. Hear from a legislative liaison about how to engage with the legislative process. Legislative Advocacy slides (PDF, 18 slides, 2024), Legislative Advocacy recording (mp4, 42-minutes) The recording starts about 10 minutes into the presentation. This presentation was part of the NH State Transition Community of Practice 2024 Education Series.

Federal laws

  • Federal special education laws focused on transition, explained in clear language by the Center for Parent Information and Resources:
  • You can also find information on the first four laws at US Government sites:
  • Federal employment laws, described on a US Dept. of Labor page, protect individuals with disabilities from discrimination in employment and the job application process.
    • The Americans with Disabilities Act (ADA)
    • The Rehabilitation Act authorizes funding for various disability-related purposes and activities, including state vocational rehabilitation (VR) programs, independent living programs, training and research, and the work of the National Council on Disability.
    • The Workforce Investment Act (WIA) consolidates federal job training and employment programs. This act was updated in 2014 as the Workforce Innovation and Opportunity Act (WIOA)
    • The Vietnam Era Veterans’ Readjustment Assistance Act requires employers that have federal contracts or subcontracts of certain dollar amounts to provide equal employment opportunities for certain veterans with disabilities.
    • The Civil Service Reform Act contains several rules to promote fairness in federal personnel actions and prohibit discrimination against applicants and employees with disabilities.
  • A Guide to Disability Rights Laws, 2009, from the US Dept. of Justice. Provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. Also available in large print, Braille, audio tape, and computer disk.

Differences between Section 504 & IEPs

Miscellaneous law resources

  • Comprehensive information about special education law, education law, advocacy for children with disabilities, and transition: Wrightslaw
  • A Massachusetts lawyer’s blog on special education issues, from a special education lawyer with clients in MA and NH.
  • Serving Justice-Involved Youth with Disabilities (PDF, 18 pages, 2020) is a practice brief from Voc Rehab. It describes the prevalence of justice-involved youth who have one or more disabilities. It highlights challenges in locating and serving youth involved in multiple systems and outlines federal legislation geared towards improving youth services. Finally, it offers best practices and recommendations to meet the needs of this specific population.

New content 5-29-24