New Hampshire Revised Statutes 186-C:19-a – Children with Disabilities at the Youth Development Center, County Correctional Facilities and the Youth Services Center
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I. For a child with a disability at the youth development center or county correctional facilities, or who is placed at the youth services center maintained by the department of health and human services while awaiting disposition of the court following arraignment pursuant to N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 the youth development center or county correctional facilities, or who is placed in the youth services center while awaiting disposition of the court following arraignment pursuant to N.H. Rev. Stat. § 169-B:13, shall not exceed the state average elementary cost per pupil, as determined by the state board of education for the preceding school year.
(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.
Terms Used In New Hampshire Revised Statutes 186-C:19-a
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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 N.H. Rev. Stat. § 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 the youth development center or county correctional facilities, or who is placed in the youth services center while awaiting disposition of the court following arraignment pursuant to N.H. Rev. Stat. § 169-B:13, shall not exceed the state average elementary cost per pupil, as determined by the state board of education for the preceding school year.