NH's new reading screener law. What you need to know

NH is committed to helping all children learn to read!  Starting in September 26, 2023, NH public and public charter schools are required to conduct a reading screener with all children in Kindergarten through 3rd grade.  This includes children who currently receive special education or are on 504 plans.  By using a screening process, schools can identify children who may be at risk for reading challenges and provide extra help and support earlier.  Here’s a quick overview of the screening process:

  • Parents will receive the results of all screeners and secondary assessments
  • The initial screener will be conducted within 60 days of the start of school each year, and repeated one additional time during the current school year
  • If a child’s initial screener scores indicate they may be at risk for dyslexia or other reading challenges, the school will conduct a secondary assessment within 30 days.
  • If the secondary assessment indicates a child does not meet grade-typical development in specific foundational skills, the school team will meet to determine whether the child needs to be provided with evidence-based reading instruction intervention or referred to special education for further evaluation

At any time, parents or the school can refer a child for special education if they suspect a child has a disability and needs special education. Any interventions required or already in place will continue during the special education process.

Resources

Frequently Asked Questions

  • Reading difficulties will be identified and addressed proactively.
  • Parents will know more about the progress their child is making in reading and ways they can support their child’s reading at home.
  • Students will receive evidence-based literacy intervention.
  • Schools will know how well children are making progress in literacy and can make sure that their literacy program is effective.

  • What reading skills does the screener measure?
  • What does the screener results mean in terms of how well my child is able to read?
  • Is my child reading at grade level? If not, what grade level are they reading at?
  • What will school do to help my child if they are below grade level?
  • What are my child’s areas of strengths and needs in the area of reading?
  • What concerns do you have about my child’s reading skills?
  • If the school doesn’t feel they require interventions at this time, how will we know if they are making progress in the general education curriculum?
  • Should my child be referred to special education?
  • What can I do to help my child at home?

If your child does not meet grade-typical development in specific foundational skills based on the screener, a secondary assessment must be completed within 30 days to determine whether they need to be provided with evidence-based reading intervention or referred to special education for further evaluation.

There are many skills needed to be a confident reader.  This resource can help you better understand What reading skill needs help and how you and the school can support them.

Secondary assessments are done after the first screener to see why a student “flagged” or scored below the cutoff score.  They help to determine if students rushed through test, did not feel well, or if they did not know the skill. Schools can choose their own secondary assessment, so this could look like informal observations, another screener, or special education tests.

The secondary assessment is not considered part of an evaluation under IDEA or the NH Standards for the Education of Children with Disabilities.  However, if a student is referred for special education or is already receiving special education and is being reevaluated, the IEP Team may, but is not required to, agree to use the information from the secondary assessment as part of these processes.  If agreed to, this should be documented an included in Written Prior Notice (WPN).

If it is determined that your child requires evidenced-based reading intervention, the school will work with you to develop an intervention and support plan and inform you of your child’s progress periodically.  The school must provide interventions starting no later than January 1st of the school year.

If your child is referred for a special education evaluation, the evaluation must be completed within the state’s required evaluation timeline (60 calendar days). During the time of the referral for special education evaluation, general education accommodations must be initiated within 21 days of the initial screening and continue until the special education determination is made.  You can find out more information about the steps in the special education process here.

At any time, the parent or the school may refer a child for special education.  The IEP Team may, but is not required to, use the information from the secondary assessment, when determining eligibility.  You can find more information on the special education process and how to make a referral here.

The law states that the school shall provide age-appropriate evidence-based intervention strategies for any child who is identified as having characteristics that are associated with potential indicators or risk factor of dyslexia and related disorders.  This applies to students with IEPs.  The IEP may be sufficient as an intervention strategy if your child has an IEP with specially designed instruction in the specific area of need determined by the assessment and it meets the requirements of evidence-based intervention strategies.

If your child is not currently receiving evidence-based intervention strategies in the identified areas, the IEP Team should convene to determine whether to address the need through the IEP or though at different method such as through interventions provided in a multi-tiered system of support (MTSS) or  response to intervention (RTI).

Nothing in the law permits exemptions for any broad exemption of children based on their disability.  Any concerns regarding your child’s ability to access the screener or assessment (even with accommodations or modifications) would be determined by the IEP Team and included in their IEP.

A good place to start is with your child’s teacher.  You can also always contact PIC to discuss your questions or concerns in more detail.

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The Parent Information Center is not a legal services agency and cannot provide legal advice or legal representation. The information in this presentation is provided as a public service for general information only and is not a substitute for legal advice about the facts of your or your child’s particular situation. In addition, the law is always changing, through actions of the courts, legislature and public agencies. If you have a problem or issue that requires legal advice, such advice should be obtained from an attorney.