New Hampshire Revised Statutes 186-C:14 – Surrogate Parents
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I.
Purpose. The purpose of this section is to protect the educational rights of eligible children with disabilities.
II.
Definitions. The following words as used in this section shall be construed as follows:
(a) “Surrogate parent” shall mean a person appointed to act as a child’s advocate in place of the child’s biological or adoptive parents or guardian in the educational decision-making process.
(b) “Educational decision-making process” shall include identification, evaluation, and placement as well as the hearing, mediation, and appeal procedures.
(c) [Repealed.]
(d) [Repealed.]
III.
Determining Need.
(a) When a child with a disability, as defined in N.H. Rev. Stat. § 186-C:2, needs special education and the parent or guardian of the child is unknown or after reasonable efforts cannot be located, or the child is in the legal custody of the division of children, youth, and families, the commissioner, or designee, may appoint a surrogate parent who shall represent the child in the educational decision-making process, provided that for a child in the legal custody of the division of children, youth, and families, a judge overseeing the child’s case pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. § 1415(b)(2)(A)(i), may appoint a surrogate parent.
(b) In the case of a child who is an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(6), the school district shall appoint a surrogate parent pursuant to this section.
III-a. The department shall complete a criminal history records check of each surrogate parent as it would a credentialing applicant pursuant to N.H. Rev. Stat. § 189:13-c. The department shall adopt rules under RSA 541-A, relative to the procedures for conducting criminal history records checks of surrogate parents.
IV.
Appointment of Surrogate. Appointment of a surrogate parent under this section shall be effective until the child reaches 18 years of age, and may be extended by order of the commissioner until the child graduates from high school or reaches 21 inclusive years of age, whichever occurs first. If the surrogate parent resigns, dies or is removed, the commissioner of the department of education or designee, or the court with jurisdiction over the child’s case, may appoint a successor surrogate parent in the same manner as provided in paragraph III.
V.
Right of Access. When a surrogate parent is appointed, the surrogate parent shall have the same right of access as the natural parents or guardian to all records concerning the child. These records shall include, but not be limited to, educational, medical, psychological and health and human service records.
VI.
Limited Liability. No surrogate parent appointed pursuant to the provisions of paragraph III or IV shall be liable to the child entrusted to the surrogate parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such surrogate parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
VII.
Rules. The state board of education shall adopt rules necessary for the administration of the provisions of this section.
Purpose. The purpose of this section is to protect the educational rights of eligible children with disabilities.
Terms Used In New Hampshire Revised Statutes 186-C:14
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II.
Definitions. The following words as used in this section shall be construed as follows:
(a) “Surrogate parent” shall mean a person appointed to act as a child’s advocate in place of the child’s biological or adoptive parents or guardian in the educational decision-making process.
(b) “Educational decision-making process” shall include identification, evaluation, and placement as well as the hearing, mediation, and appeal procedures.
(c) [Repealed.]
(d) [Repealed.]
III.
Determining Need.
(a) When a child with a disability, as defined in N.H. Rev. Stat. § 186-C:2, needs special education and the parent or guardian of the child is unknown or after reasonable efforts cannot be located, or the child is in the legal custody of the division of children, youth, and families, the commissioner, or designee, may appoint a surrogate parent who shall represent the child in the educational decision-making process, provided that for a child in the legal custody of the division of children, youth, and families, a judge overseeing the child’s case pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. § 1415(b)(2)(A)(i), may appoint a surrogate parent.
(b) In the case of a child who is an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(6), the school district shall appoint a surrogate parent pursuant to this section.
III-a. The department shall complete a criminal history records check of each surrogate parent as it would a credentialing applicant pursuant to N.H. Rev. Stat. § 189:13-c. The department shall adopt rules under RSA 541-A, relative to the procedures for conducting criminal history records checks of surrogate parents.
IV.
Appointment of Surrogate. Appointment of a surrogate parent under this section shall be effective until the child reaches 18 years of age, and may be extended by order of the commissioner until the child graduates from high school or reaches 21 inclusive years of age, whichever occurs first. If the surrogate parent resigns, dies or is removed, the commissioner of the department of education or designee, or the court with jurisdiction over the child’s case, may appoint a successor surrogate parent in the same manner as provided in paragraph III.
V.
Right of Access. When a surrogate parent is appointed, the surrogate parent shall have the same right of access as the natural parents or guardian to all records concerning the child. These records shall include, but not be limited to, educational, medical, psychological and health and human service records.
VI.
Limited Liability. No surrogate parent appointed pursuant to the provisions of paragraph III or IV shall be liable to the child entrusted to the surrogate parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such surrogate parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
VII.
Rules. The state board of education shall adopt rules necessary for the administration of the provisions of this section.