Section He-C 6443.04 - Designation and Joinder of Legally Liable School Districts: Residential Placements of Students Who Are or Might Be Educationally Disabled(a) Within 10 days of the date of an adjudicatory order which could result in the residential placement of a student who is or might be educationally disabled or the date of a request by the division for a preliminary order for residential placement, whichever date first occurs: (1) The division shall designate the school district which is or might be legally liable;(2) The division shall make a written request to the state court having jurisdiction over the student for joinder of the legally liable school district; and(3) The division shall request joinder of both the sending and receiving districts in those cases in which both sending and receiving districts exist.(b) If the division is unable to identify the legally liable school district or if the school district designated by the division objects to the division's designation: (1) The division shall initiate administrative proceedings in the department of education pursuant to RSA 186-C to determine the identity of the legally liable school district; or(2) The division shall seek a court order from the state court having jurisdiction over the student to designate the legally liable school districts.(c) The division shall provide funding, as necessary, for the purposes of implementing an existing or amended program of special education and educationally related services during the pendancy of any dispute over the identity of the legally liable school district, provided that such funding does not constitute a waiver by the division of any right to recover monies expended from any school district, state department or other public agency as defined in 34 C.F.R. 300.11 or from a parent.(d) If a change in the residential placement of a student who is or might be educationally disabled results in a change in the designation of the receiving district, the division shall promptly make a written request to the state court having jurisdiction over the student for joinder of the receiving district.(e) If a change in the residence of a parent of a student who is or might be educationally disabled results in a change in the designation of the sending district, the division shall promptly make a written request to the state court having jurisdiction over the student for joinder of the sending district.N.H. Admin. Code § He-C 6443.04
#2849, eff 9-21-84, EXPIRED: 9-21-90
New. #6688, eff 2-18-98