RSA 186-C:19-a · Children with Disabilities in State Facilities for Detained or Adjudicated Youth and County Correctional Facilities

186-C:19-a Children with Disabilities in State Facilities for Detained or Adjudicated Youth and County Correctional Facilities. –
I. For a child with a disability at a state facility for detained or adjudicated youth or county correctional facilities, including while awaiting disposition of the court following arraignment pursuant to RSA 169-B:13, the school district responsible for the development of an individualized education program and the child's special education expenses shall be as follows:
(a) If such child is in the legal custody of the parent, the school district in which the child's parent resides shall be responsible.
(b) If such child is not in the legal custody of the parent or if the parent resides outside the state, the school district in which the child most recently resided other than in a state institution, home for children or health care facility as defined in RSA 193:27 shall be responsible.
(c) For the purposes of this section a parent shall not have legal custody if legal custody has been awarded to some other person or agency, even if that parent retains residual parental rights. An award of legal custody by a court of competent jurisdiction, in this state or in any other state, shall determine legal custody under this section.
II. The school district liability for educational expenses for a child with a disability in a state facility for detained or adjudicated youth or county correctional facilities, shall not exceed the state average elementary cost per pupil, as determined by the state board of education for the preceding school year.
Source. 1983, 458:10. 1985, 241:4. 1987, 402:24. 1990, 3:57, 58; 140:2, X. 1994, 212:2. 1995, 181:9. 1997, 337:1. 1998, 270:4. 2001, 286:19. 2008, 274:30-32, eff. July 1, 2008. 2024, 348:2, eff. Oct. 1, 2024.