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RSA 169-D:18 · Disposition of Child With a Disability

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-D · CHILDREN IN NEED OF SERVICES
Status
current
Official source linked
Yes
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169-D:18 Disposition of Child With a Disability. –

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I.

At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child is a child with a disability as defined in RSA 186-C or of directing the school district to review the services offered or provided under RSA 186-C if the child has already been determined to be a child with a disability. If the court orders the school district to determine whether the minor is a child with a disability, the school district shall make this determination by treating the order as the equivalent of a referral by the child's parent for special education, and shall conduct any team meetings or evaluations that are required under law when a school district receives a referral by a child's parent.

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II.

Once joined as a party, the legally liable school district shall have full access to all records maintained by the district court under this chapter. The school district shall also report to the court its determination of whether the minor is a child with a disability, and the basis for such determination. If the child is determined to be a child with a disability, the school district shall make a recommendation to the court as to where the child's educational needs can be met in accordance with state or federal education laws. In cases where the court does not follow the school district's recommendation, the court shall issue written findings explaining why the recommendation was not followed.

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III.

If the school district finds or has found that the child is a child with a disability, or if it is found that the child is a child with a disability on appeal from the school district's decision in accordance with the due process procedures of RSA 186-C, the school district shall offer an appropriate educational program and placement in accordance with RSA 186-C. Financial liability for such educational program shall be as determined in RSA 186-C:19-b.

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IV.

In an administrative due process hearing conducted by the department of education pursuant to RSA 186-C, a school district may provide a hearing officer with information from district court records which the school district has accessed pursuant to paragraph II of this section, provided that:

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(a)

At least 20 days prior to providing any records to the hearing officer, the school district files notice of its intention to do so with the court and all parties to the proceedings, and no party objects to the release of records.

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(b)

The notice filed by a school district under this provision shall include, on a separate sheet of paper, the following statement in bold typeface: "Persons subject to juvenile proceedings have important rights to the confidentiality of juvenile court proceedings. This notice requests the disclosure of some of that information. If you object to the disclosure of information, you must file a written objection with the court no later than 10 days after the filing of the school district's notice. If you fail to object in writing, the court may allow private information to be revealed to the New Hampshire Department of Education hearing officer."; and

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(c)

Any objection by a party shall be filed with the court no later than 10 days after the filing of the school district's notice with the court, unless such time is extended by the court for good cause.

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V.

The court may, on its own initiative and no later than 13 days after the filing of the school district's notice to the court, issue an order directing the school district to show cause why the information should be disclosed to the hearing officer. Upon receipt of an objection or issuance of a show cause order, the court shall schedule an expedited hearing on the matter to determine if the requested records may be released. The court may rule without a hearing if the school district and a parent or legal guardian or the juvenile, if he or she has reached the age of majority, agree in writing to waive a hearing. Upon the filing of an objection or show cause order, the school district may file a reply explaining why the school district believes that the information should be disclosed to the hearing officer. In determining whether to authorize the disclosure of the information requested by the school district, the court shall balance the importance of disclosure of the records to a fair and accurate determination of the merits against the privacy interests of the parties to the proceedings, and render a written decision setting forth its findings and rulings. No information released to a hearing officer pursuant to this paragraph shall be disclosed to any other person or entity without the written permission of the court, the child's parent or legal guardian, or the juvenile if he or she has reached the age of majority, except that a court conducting an appellate review of an administrative due process hearing shall have access to the same information released to a hearing officer pursuant to this paragraph.

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VI.

In this section, "child with a disability" shall be as defined in RSA 186-C. Source. 1979, 361:2. 1983, 458:3. 1986, 223:14. 1987, 402:23. 1990, 140:2, X. 2008, 274:15, eff. July 1, 2008.

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Source note

Source. 1979, 361:2. 1983, 458:3. 1986, 223:14. 1987, 402:23. 1990, 140:2, X. 2008, 274:15, eff. July 1, 2008.

Source history

  • 1979, 361:2
  • 1983, 458:3
  • 1986, 223:14
  • 1987, 402:23
  • 1990, 140:2, X
  • 2008, 274:15, eff. July 1, 2008

Related materials

Bill relationships

  • 2026 HB1099 reference

    vices to New Hampshire students who are placed in residential facilities in the state as an episode of treatment or under a court ordered placement under RSA 169-B, RSA 169-C, and RSA 169-D. II. The members of the committee shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Four members of the house of representatives, appointed by the speaker of the hous

  • 2026 HB1315 amend · effective 2027-01-01

    t convened: 1 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this section shall be g

  • 2026 HB1564 related · effective 2027-01-01

    for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the sta

  • 2026 HB1564-FN related · effective 2027-01-01

    for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the sta

  • 2026 HB652 reference · effective 2026-01-01

    -C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V. Actions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to prote

  • 2026 HB652-FN reference · effective 2026-01-01

    -C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V. Actions under RSA 169-D, relating to children in need of services except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-D:8, I, RSA 169-D:9-a, and RSA 169-D:10. VI. Actions under RSA 173-B, relating to prote

  • 2026 HB709 reference · effective 2026-07-01

    or school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the schoo

  • 2026 HB709-FN reference · effective 2026-07-01

    or school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to another school in the schoo

  • 2026 SB142 reference · effective 2026-01-01

    The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders in juvenile cases under RSA 169-G. (h) The interstate compact on the placement of children

  • 2026 SB142-FN reference · effective 2026-01-01

    The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders in juvenile cases under RSA 169-G. (h) The interstate compact on the placement of children

  • 2026 SB524 amend · effective 2027-01-01

    destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this section shall be g

  • 2026 SB524-FN amend · effective 2027-01-01

    destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this section shall be g

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