Section Ed 1117.03 - Review Procedures For Children Previously Determined to Have Disabilities(a) When a court is considering, or DCYF is recommending, a court ordered residential placement for a child with a disability, the liable school district shall make a recommendation to the court as to where the child's educational needs can be met in accordance with state and federal education laws.(b) When making its recommendation to the court under (a), the school district shall address the following factors:(1) The impact of the proposed change in placement on the child's current IEP;(2) Whether the proposed change in placement or a change in placement as a result of a proposed placement change, is appropriate and in the least restrictive environment;(3) Whether the proposed placement is appropriate for the implementation of the child's IEP;(4) What changes shall be made to implement the child's IEP in the proposed placement; and(5) Any other matters relating to the placement of a child made in accordance with Ed 1101 and Ed 1117, including: c. Other factors contributing to the need for a change in educational assignment;(6) Any dissenting recommendation(s) made by an IEP team member that were not included in the IEP team's proposal;(7) Once the recommendation is submitted to the court, a copy of the recommendation must be provided to the parents 5 days prior to the court hearing.(c) Nothing in this section shall diminish the responsibility of the financially liable school district as defined in RSA 186-C:19 to develop and implement an individualized education program or to fulfill its obligations under other sections of this rule for a child in placement for which DCYF has financial responsibility, regardless of whether such child was initially placed by a school district, the parent or some other agent.(d) The liable school district shall provide written notice of an IEP team meeting as provided in Ed 1103.02(a) to a representative of DCYF, and appointed Guardian ad Litem involved with the child for whom court ordered residential placement is being considered. (1) If a representative of DCYF or appointed Guardian ad Litem does not elect to attend the meeting, the liable school district shall, after notifying parent(s), promptly provide DCYF with a copy of any special education records developed during or as a result of each such meeting;(e) In any instance where a state district court issues an order authorizing or making a placement, program or service which differs from or conflicts with the educational placement, program or services recommended by the team, special education and special education and related services shall be provided in a manner consistent with the court ordered residential placement decision made by the state court in conformity with an IEP developed by the team for use during such placement.N.H. Admin. Code § Ed 1117.03
(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.