CHAPTER 158
SB 395 - FINAL VERSION
17apr02.....3139h
2002 SESSION
04/09
SENATE BILL 395
This bill repeals the definition of "unavailable parent" for the purpose of surrogate parents appointed on behalf of educationally disabled children and amends the purpose statement in the special education laws.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17apr02.....3139h
02-3090
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT making certain changes to the laws pertaining to special education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
158:1 Special Education; Purpose Amended. Amend RSA 186-C:1 to read as follows:
186-C:1 Policy and Purpose. It is hereby declared to be the policy of the state that all children in New Hampshire be provided with equal educational opportunities. [It is the purpose of this chapter to insure that the state board of education and the school districts of the state provide a free and appropriate public education for all educationally disabled children while taking into consideration the cost of that education when determining appropriateness].
158:2 Special Education; Surrogate Parent Amended. Amend RSA 186-C:14, III to read as follows:
III. DETERMINING NEED. When, in the opinion of the commissioner of education or designee, an educationally disabled child, as defined in RSA 186-C:2, needs special education and the parent or guardian of the child is unknown [or unavailable,] or after reasonable efforts[,] cannot be located, or the child is a ward of the state, the commissioner or designee shall appoint a surrogate parent who shall represent the child in the educational decision-making process.
158:3 Repeal. RSA 186-C:14, II (c), relative to the definition of "unavailable parent", is repealed.
158:4 Effective Date. This act shall take effect 60 days after its passage.
(Approved: May 15, 2002)
(Effective Date: July 14, 2002)