Section He-C 6443.02 - Definitions(a) "Case record" means "case record" as defined in RSA 170-G:8-a, namely "all official records, regardless of the media upon which they are retained, created by the division for children, youth, and families in connection with a report received pursuant to RSA 169-C:29, or cases brought under RSA 169-B, 169-C, 169-D, or 463, or services provided to the child, student or family without a court order pursuant to RSA 170-G:4, including intake and assessment reports, service or case plans, case logs, termination reports and a list of persons or entities providing reports to the division or services to the child, student or family. Such records do not include: (1) Records created as part of an action brought pursuant to RSA 170-B or 170-C;(2) Records submitted to or maintained by the courts, or records created by third parties, such as psychologists, physicians, and police officers, even if such records are prepared or furnished at the request of the division. Requests for access to court records and records created by third parties may be made directly to the court or to the third party who created the record;(3) Reports contained in the central registry of abuse and neglect reports maintained pursuant to RSA 169-C:35; and(4) The name of a person who makes a report of suspected abuse or neglect of a child pursuant to RSA 169-C:29, or any information which would identify the reporter."(b) "Children" means persons younger than 3 years old. The term includes "child".(c) "Days" means calendar days, except that when the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays are excluded.(d) "Decree" means the consent decree in the case of James O. v. Marston approved by United States District Court for the District of New Hampshire on August 23, 1991.(e) "Division" means the division for children, youth, and families, department of health and human services.(f) "DOE" means the department of education.(g) "Educational records" means any document in the possession of DOE or a school district or any case record or portion thereof of the division, which is relevant to the identification, evaluation, or educational placement of a student who is or might be educationally disabled or the provision of a free appropriate public education to the student, but the term does not include: (1) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;(2) Records of a law enforcement unit of an educational agency or institution, but only if educational records maintained by the agency or institution are not disclosed to the unit, and the law enforcement records are:a. Maintained separately from education records;b. Maintained solely for law enforcement purposes; andc. Disclosed only to law enforcement officials of the same jurisdiction;(3) Records relating to an individual, other than a student, employed by an educational agency or institution, that: a. Are made and maintained in the normal course of business;b. Relate exclusively to the individual in that individual's capacity as an employee; andc. Are not available for use for any other purpose;(4) Records relating to a person who is 18 years of age or older, or is attending an institution of postsecondary education, that are:a. Made or maintained by a physician, psychiatrist, psychologist, or other licensed or certified professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;b. Made, maintained, or used only in connection with treatment of the person which does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; andc. Disclosed only to individuals providing the treatment; and(5) Records that only contain information about an individual concerning acts or occurrences which happen after he or she is no longer a student at that agency or institution.(h) "Emergency" means an event, crisis or set of circumstances necessitating immediate action without the opportunity to utilize the procedures set forth in He-C 6443.05, including, but not limited to, the placement or change in placement of a student who is or might be educationally disabled necessitated by a life, safety, physical or mental health emergency or the unavailability of a placement.(i) "Facility" means the Tobey School, the Anna Philbrook Center, the Youth Detention Services Unit, and the Youth Development Center.(j) "Home for children", means "home for children" as defined in RSA 193:27, I, namely "any orphanage; institution for the care, treatment, or custody of children; child care agency as defined by RSA 170-E:25, II and III; or any residential school approved under RSA 186:11, XXIX."(k) "Individualized education program (IEP) " means "individualized education program (IEP) " as defined in Ed 1102.18.(l) "Legally liable school district" means the school district in which the student with educational disability lives. If a student is placed and cared for in a location to which the provisions of RSA 193:27-29 apply, the term includes both the receiving district which is responsible for providing special education and special education and educationally related services as stated in RSA 186-C and RSA 193:28, and the sending district which is responsible for certain payments under RSA 193:29, except in those circumstances where there is no receiving school district.(m) "Parent" means adoptive or biological mother, adoptive or biological father, guardian or "surrogate parent" as defined in He-C 6443.02(w) . The term does not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment or the State of New Hampshire when the State is the guardian of the student with educational disability.(n) "Placement" means the act of enrolling a student with educational disability in, or committing or moving such student to a residential program or facility, the act of transferring a student from one residential program or facility to another, or the site at which a student has been or will be placed. The term also includes "place".(o) "Receiving district" means the school district in which a home for children or health care facility is located if a student with educational disability, who is placed therein, attends a public school in that district or receives educational services from that district.(p) "Residential placement" means any place or program, other than the student's own home or the home of a relative, where students with educational disability placed pursuant to RSA 169-B, 169-C, 169-D, 170-C, or 463 live, including but not limited to detention facilities, treatment centers, group homes, foster homes and residential schools. The term includes "residential program".(q) "School district" means the political subdivision of the state organized under RSA 194:1. The term includes "local school district".(r) "Sending district" means the school district in which a student with educational disability most recently resided other than in a home for children, health care facility, or state institution, if such student is not in the legal custody of a parent or if the parent resides outside the state. If the student is retained in the legal custody of a parent residing within the state, "sending district" means the school district in which the parent resides.(s) "Special education evaluation team" means the team formed by the school district pursuant to Ed 1107 to conduct an evaluation of a student referred to it.(t) "Special education placement team" means the team formed by the school district pursuant to Ed 1115. As used in these rules "special education placement team" is the same team referred to in the decree as the "student evaluation and placement team".(u) "Student" means a person 3 years of age or older but younger than 18 years unless the jurisdiction of the appropriate state court has been reduced or extended pursuant to RSA 169-B, 169-C, 169-D, 170-C or 463.(v) "Student with educational disability" means any student who has been or is being identified and evaluated by a school district according to Ed 1107, and any such student who has been determined to have autism, deafness, deaf-blindness, developmental delay hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, serious emotional disturbance, a specific learning disability, speech or language impairment, traumatic brain injury or visual impairment and who, because of such impairment, needs special education or special education and educationally related services. The term includes "educationally disabled student" and "educationally disabled child".(w) "Surrogate parent" means a person who has been appointed in accordance with Ed 1121.06.N.H. Admin. Code § He-C 6443.02
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