N.H. Admin. Code § Ed 1115.06

Current through Register No. 50, December 12, 2024

Section Ed 1115.06 - Selection of Surrogate Parents

(a) The commissioner of education or the commissioner's designee shall select individuals to be available to serve as surrogate parents provided such individuals:

(1) Have volunteered to serve as a surrogate parent;

(2) Have submitted a signed and dated Request for Appointment of Educational Surrogate Parent application to the commissioner of education or the commissioner's designee that includes:

a. The applicant's name;

b. The applicant's residence address and mailing address, if different;

c. The applicant's daytime telephone number and evening telephone number;

d. The applicant's employer's name;

e. Languages in which the applicant is conversant;

f. The applicant's experience with children including foster children or children with disabilities;

g. The applicant's experience with the educational process;

h. Whether the applicant is available to attend daytime meetings;

i. The applicant's willingness to be surrogate parent to more than one child at a time;

j. The names of particular children for whom the applicant wishes to be a surrogate parent, if relevant;

k. The applicant's preference regarding disability or geographical location; and

l. A statement of the applicant's agreement to take training, if not already trained;

(3) Have provided the names and addresses of 3 non-relative references to the commissioner of education or the commissioner's designee;

(4) Have favorable letters of reference submitted to the commissioner of education or the commissioner's designee from:

a. Those named in Ed 1115.06(a)(3); and

b. The individuals conducting the training for surrogate parents attesting to the volunteer's suitability to serve as an educational decision-maker on behalf of a child with a disability;

(5) Have satisfactorily completed training to serve as a surrogate parent provided by the department as described in Ed 1115.07;

(6) Are 21 years of age or over;

(7) Have agreed in writing to protect the confidentiality of any records of the child to whom the volunteer is appointed surrogate parent;

(8) Have agreed in writing to act in the interest of the child to protect the child's right to FAPE;

(9) Have agreed in writing to serve as a surrogate parent from the date of appointment until the date of termination of appointment or until 30 days after notifying the commissioner of education or the commissioner's designee of the desire to end the surrogate parent relationship;

(10) Have no interest that conflicts personally or professionally with the interest of the child he or she represents;

(11) Are not employees of an SEA, LEA, or any other public agency which is involved in the education or care of the child; and

(12) Shall successfully pass a background check which includes a fingerprint check.

(b) A person who otherwise qualifies to be a surrogate parent shall not be considered an employee of the public agency solely because the person has been appointed to serve as a surrogate parent.

(c) Foster parents shall be eligible to become surrogate parents in accordance with RSA 186-C:14-a.

(d) Foster parents shall not be considered to be employees of DCYF.

N.H. Admin. Code § Ed 1115.06

(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.