Section Ed 1115.01 - Basis for Appointment of a Surrogate Parent(a) Pursuant to RSA 186-C:14, III, (a), if a child with a disability is in need of special education and the parent or guardian is unknown or cannot be located after reasonable efforts are taken to find said parent, or if the child is in legal custody of the division of children, youth and families, the commissioner or designee, shall appoint a surrogate parent who shall represent the child in the educational decision-making process.(b) If a child is in legal custody of the division of children, youth and families and a judge is actively overseeing the child's case pursuant to the Individuals with Disabilities Education Act, 20 U.S.C section 1415(b)(2)(A)(i), the judge may appoint a surrogate parent. The appointed surrogate parent must meet the requirements for selection of surrogate parents pursuant to Ed 1115.06.(c) In the case of a child who is an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. section 11434a(6), the school district shall appoint a surrogate parent on a temporary basis. The appointed surrogate parent must meet the requirements for selection of surrogate parents pursuant to Ed 1115.06.N.H. Admin. Code § Ed 1115.01
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.