In addition to the requirements under RSA 194-F:2, I and RSA 194-F:4, VIII, the following shall apply to EFA funds:

1. (a) Pursuant to RSA 194-F:2, EFAs shall be equivalent to the per pupil adequate education grant amount under RSA 198:40-a, plus any differentiated aid that would have been provided to a public school for that eligible student;
2. (b) Fund transfers shall be made to the scholarship organization in accordance with the distribution of adequate education grants under RSA 198:42 and Ed 804.03; and
3. (c) A pupil shall be eligible for the differentiated aid amount set forth in RSA 198:40-a, II(d) for EFAs under RSA 194-F if there has been a determination of eligibility for special education by a qualified examiner for each assessment, as defined and enumerated in ED 1107.04 Table 1100.1, in accordance with 34 CFR 300.300-300.311.:

4. (d) Such determination of eligibility for special education in (c) above may be completed:

   1. (1) At the expense of the parent or guardian, and such expense shall be a qualifying EFA expense; or
   2. (2) At no expense to the parent or guardian by the student’s resident district, pursuant to ED 1105.02.
5. (e) The student’s resident distract shall notify the parent or guardian in writing of determinations made under (d)(2) above.
6. (f) A pupil with a disabling condition, as determined by a medical professional licensed in any state in the United States in accordance with Ed 804.01(c), shall not be considered a child with a disability, through an appropriate evaluation, in accordance with 34 CFR 300.304-300.311 and as such, does not qualify for the equitable services funds pursuant to 34 CFR 300.138.

Source. (See Revision Note at chapter heading for Ed 800) #13345, eff 2-22-22