N.H. Admin. Code § Ed 1115.05

Current through Register No. 45, November 7, 2024

Section Ed 1115.05 - Appointment

(a) If the commissioner of education or the commissioner's designee finds that the materials submitted by the superintendent of schools or the superintendent's designee are complete and document that the child is in need of a surrogate parent, the commissioner shall appoint a surrogate parent who shall represent the child in the educational decision-making process pursuant to 34 CFR 300.519(h).

(b) The current residence of the surrogate parent shall be of no relevance in determining the child's LEA of residence or liability.

(c) Appointment of surrogate parents shall be effective until the child reaches 18 years of age unless:

(1) The child requests in writing that the commissioner of education or the designee extend the original appointment until the child is awarded a regular high school diploma or reaches 22 years of age, whichever occurs first;

(2) The child is determined to be incapacitated under RSA 464-A, and the guardian is determined to be unknown under Ed 1115.03; or

(3) The surrogate parent resigns, dies, or is removed pursuant to (d) below.

(d) The commissioner of education or the commissioner's designee, within 30 days of the receipt of a written complaint requesting the removal of a surrogate parent, shall:

(1) Investigate the allegation(s) made in the written complaint; and

(2) Render a decision that shall indicate whether:

a. The surrogate is meeting the requirements for being a surrogate parent;

b. The surrogate parent shall receive additional training;

c. The surrogate parent has not fulfilled the responsibilities of a surrogate parent and is removed;

d. The surrogate parent has a conflict of interest with the child's interests and is removed; or

e. The surrogate parent resigned, died, or has been removed.

(e) Any party to a decision rendered under (d) above within 10 days of receipt of the commissioner's written decision under (d), may make a written request to the commissioner for reconsideration of the decision.

(f) Within 20 days of the receipt of the written request for reconsideration, the commissioner shall:

(1) Review the evidence presented in the investigation;

(2) If necessary, gather additional evidence;

(3) Review the decision; and

(4) Issue a final written decision.

(g) Any party who is aggrieved by the final written decision of the commissioner under (f) above may appeal to a court of competent jurisdiction.

(h) The commissioner of education or the commissioner's designee shall terminate the appointment of a surrogate parent when:

(1) A parent becomes known, is located, or rescinds his or her request or consent to have a surrogate parent appointed and will assume educational decision-making;

(2) The child ceases to be under legal custody of DCYF or guardianship of DCYF per RSA 463; or

(3) The adult student rescinds his or her request for the appointment of a surrogate parent and will assume educational decision-making for him or herself.

(i) The commissioner of education or the commissioner's designee shall appoint a successor surrogate parent in the same manner and for the same period of time as previously provided when:

(1) The surrogate parent resigns; or

(2) When a surrogate parent has been removed pursuant to (d) above.

N.H. Admin. Code § Ed 1115.05

(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.

Amended by Number 45, Filed November 9, 2023, Proposed by #13773, Effective 10/12/2023, Expires 10/12/2033.