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RSA 186-C:38 · Duties and Responsibilities

Title
XV: EDUCATION
Chapter
186-C · SPECIAL EDUCATION
Status
current
Official source linked
Yes
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186-C:38 Duties and Responsibilities. –

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I.

The office of the advocate for special education shall:

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(a)

Serve as a resource for disability related information and referrals to available programs and services for families of children with disabilities.

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(b)

Serve as a source of information and referral regarding state and federal laws and regulations governing special education.

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(c)

Have the discretion to ensure all IEP documents, 504 plans, related supports and services to students with disabilities are properly documented and implemented, and the goals and objectives are being met, and that appropriate related supports and services are being provided.

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(d)

Have authority to inquire of, investigate, and review all documents from any school, district, or the department consistent with state and federal laws. Any required parental consent for access shall be obtained by the advocate and provided to the department. The department and advocate shall enter into a memorandum of understanding for access to student records maintained by the department.

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(e)

Have the discretion to review all documents relating to IEP documents, 504 plans, related supports and services being provided to students throughout the state, and ensure that proper documentation is being maintained by all schools and districts.

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(f)

Track metrics of the type of disagreements or complaints between a parent, guardian, or caretaker of the student with disabilities and the district; the types of suspect disabilities, which may uncover an unmet need in the education system; and the types of interventions and supports required by a segment of children.

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(g)

Ensure protections and safeguards are provided to school staff. To this end, all conversations between teachers, health professionals, and/or any school district personnel and the advocate shall be deemed confidential and not subject to disclosure absent a court order.

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(h)

Implement measures to track and monitor district achievement, success, and challenges in the implementation of IEPs, 504 plans, and related supports and services.

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(i)

Establish minimum compliance measures to ensure that copies of all relevant documents which are discussed at any family meeting involving a student receiving services pursuant to this chapter are given to the student's family at least 5 days in advance of any scheduled meeting at which these documents are to be discussed.

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(j)

Investigate any retaliatory act alleged or committed by any administrator, school district, state department, or other agency with the appropriate referrals to judicial departments or agencies for action, and any and all complaints filed by a parent, guardian, or caretaker of student with disabilities.

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II.

The advocate may appoint those assistants that may be deemed necessary whose powers and duties shall be similar to those imposed upon the advocate by law and any other staff as is deemed necessary. The duties of the assistants and other staff members shall be performed under and by the advice and direction of the advocate.

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III.

All student records shall remain confidential and compliant with state and federal privacy laws.

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IV.

The advocate shall not be held liable for any lack of compliance of an IEP or 504 plan.

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V.

All records or files of the advocate shall be readily available to any parent, guardian, or caretaker of a student with disabilities to inspect and/or copy for purposes of any agency or judicial proceeding. Source. 2022, 316:1, eff. July 31, 2022. 2024, 351:3, eff. Oct. 1, 2024.

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Source note

Source. 2022, 316:1, eff. July 31, 2022. 2024, 351:3, eff. Oct. 1, 2024.

Source history

  • 2022, 316:1, eff. July 31, 2022
  • 2024, 351:3, eff. Oct. 1, 2024

Related materials

Bill relationships

  • 2026 HB1548 amend

    emies. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Reporting and Publication of Special Education Cost Data. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Reporting and Publication of Special Education Cost Data. The department of education shall provide the legislature and publish on its website a rep

  • 2026 HB1548-FN amend

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  • 2026 HB1564 related · effective 2027-01-01

    lly disabled persons. Eligibility 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

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

    lly disabled persons. Eligibility 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

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    y for Special Education Services. The resident district shall remain responsible for educational decision making and the provision of special education and related services under RSA 186-C, consistent with the child’s IEP, for pupils with disabilities who transfer to a school outside the resident district. 194-D:5 State Board; Duties. I. The state board shall adopt rules, pursuant to RSA 541-A, consis

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    y for Special Education Services. The resident district shall remain responsible for educational decision making and the provision of special education and related services under RSA 186-C, consistent with the child’s IEP, for pupils with disabilities who transfer to a school outside the resident district. 194-D:5 State Board; Duties. I. The state board shall adopt rules, pursuant to RSA 541-A, consis

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