Section He-C 6443.10 - Submission by the Division of Contrary Recommendations(a) At any time prior to a hearing in the court having jurisdiction over a student who is or might be educationally disabled, the division shall submit to the court recommendations concerning the student's residential placement if its recommendations differ from those of the special education placement team and a court order is necessary to effectuate the residential placement of the child.(b) The division shall provide the parents of the student with written notification of the division's recommendations unless the division believes that the provision of such notice is likely to subject the student or residential service provider to a threat of physical harm or severe or irreparable psychological harm, in which case the division shall: (1) Apply to the department of education for the appointment of a surrogate parent within 2 days of the division's finding of threat of harm;(2) Delay the provision of notice until such time as a surrogate parent is appointed; and(3) Provide notice only to the surrogate parent.(c) The written notification of the division's recommendations shall be provided prior to the hearing and shall identify and describe the division's recommended residential placement, program and services and indicate why the division's recommendations are more appropriate then those of the special education placement team.N.H. Admin. Code § He-C 6443.10
#2849, eff 9-21-84, EXPIRED: 9-21-90
New. #6688, eff 2-18-98