TITLE XV
EDUCATION

CHAPTER 186-C
SPECIAL EDUCATION

Section 186-C:19-b

    186-C:19-b Liability for Children With Disabilities in Certain Court Ordered Placements. –
I. (a) As used in this section "children in placement for which the department of health and human services has financial responsibility" means all children receiving special education or special education and related services whose placements were made pursuant to RSA 169-B, 169-C, 169-D, or 193:27, VII, except children placed in a state facility for detained or adjudicated youth.
(b) In the case of an out-of-district placement or placement for an episode of treatment, the appropriate court, or the department of health and human services, bureau for children's behavioral health, shall notify the department of education on the date that the court order is signed, or the need for an episode of treatment is determined, stating the initial length of time for which such placement is made. This subparagraph shall apply to the original order or determination and all subsequent modifications of that order or determination.
II. The school district liability for expenses for special education or for special education and related services for a child with a disability in placement for which the department of health and human services has financial responsibility shall be limited to 3 times the estimated state average expenditure per pupil, for the school year preceding the year of distribution. The liability of a school district under this section shall be prorated if the placement is for less than a full school year and the district shall be liable for only the prorated amount. This section shall not limit a school district's financial liability for children who receive special education or special education and related services in a public school or program identified in RSA 186-C:10.
(a) Any costs of special education or special education and related services in excess of 3 times the estimated state average expenditure per pupil for the school year preceding the year of distribution shall be the liability of the department of education. Costs for which the department of education is liable under this section shall be paid to education service providers by the department of education. The department of education shall develop a mechanism for allocating the funds appropriated for the purposes of this section. Any costs of special education or special education and related services related to an episode of treatment and the determination of placement by the department of health and human services shall be covered in full for students with disabilities by the department of education.
(b) The department of health and human services shall be liable for all court-ordered and episode of treatment costs pursuant to RSA 169-B:40, 169-C:27, and 169-D:29 other than for special education or special education and related services.
(c) The department of education shall distribute special education payments under subparagraph II(a) within 60 days of receipt of invoice from the school district. School districts shall submit education service providers costs to the department within 30 days of receipt of such costs. The department shall then verify the cost and distribute the appropriate amounts to the education service provider.
III. The department of education shall by rules adopted under RSA 541-A establish the rates charged by education service providers to the department of education or to school districts for children with disabilities in placement for which the department of health and human services has financial responsibility.
IV. The department of education is authorized to receive and take appropriate action on complaints regarding the failure to provide necessary special education or special education and related services to children with disabilities in placement for which the department of health and human services has financial responsibility.
V. If the total amount required for court ordered placements or placements for an episode of treatment exceeds the amount appropriated to the department for such payments, the governor is authorized to draw a warrant from the education trust fund for such sum to satisfy the state's obligation under this section.

Source. 1986, 223:15. 1987, 402:25. 1990, 3:59; 140:2, X; 162:2. 1991, 324:4. 1992, 238:5. 1994, 212:2. 1995, 181:10; 308:20; 310:181. 2001, 286:19. 2005, 10:1. 2008, 274:30, 31, 33, eff. July 1, 2008. 2023, 79:143, eff. July 1, 2023. 2024, 138:1, eff. July 1, 2024; 348:3, eff. Oct. 1, 2024. 2025, 168:1, eff. Sept. 13, 2025.