Section Ed 1115.03 - Investigation and Determination of the Need for a Surrogate Parent(a) The superintendent of schools or the superintendent's designee shall conduct an investigation to determine whether the child is in need of a surrogate parent.(b) A parent shall be considered unknown when there is no written record of the existence of such a person available to the superintendent of schools or the superintendent's designee.(c) A parent shall be considered "not able to be located" when the LEA cannot discover the whereabouts of the parent and can document it's efforts through a record of its attempts to do so, including evidence that the LEA has contacted DCYF, including but not limited to, telephone calls and emails, each including the date, time, person, or agency contacted.(d) The LEA shall mail a written notice, by certified mail, of the need for parental participation in the special education process, to the last known address of the parent.(e) The notice under Ed 1115.03(d) shall include: (1) A request for the parent to participate in the special education process for the child;(2) The procedural safeguards notice described in 34 CFR 300.504;(3) Upon location of a parent, the parent may resume responsibility as the child's educational decision-maker upon written notification to the LEA.(f) The child shall be determined to be a ward of the state under this section when, as documented in court records, the child is in legal custody of DCYF.(g) A judge overseeing the case of a child who might be or is a child with a disability may appoint a surrogate parent for a child.(h) The LEA's homeless liaison shall determine if the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney Vento Homeless Assistance Act ( 42 U.S.C 1143a(6)) who might be or is a child with a disability.(i) The superintendent of schools or the superintendent's designee shall, based on the evidence gathered during the investigation, determine whether the child is in need of a surrogate parent within 30 days following receipt of the original referral for a surrogate.(j) If it is determined that a child does not need a surrogate parent, the superintendent of schools or the superintendent's designee shall place a copy of the determination in the child's school record.N.H. Admin. Code § Ed 1115.03
(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.