Section Ed 1117.09 - Dispute Resolution Procedures(a) If a liable school district has not been identified or has refused to assume responsibility for carrying out provisions set forth in Ed 1117, unless such placement is in a health care facility, residential school or state institution as defined in RSA 193:27, the school district in which the child has been placed outside the home by DCYF or by DJJS shall identify, evaluate or otherwise provide FAPE to the child with a disability.(b) In cases where the liable school district has not assumed responsibility for a child, the department shall fulfill the role of a liable school district for purposes of evaluating the child pursuant to Ed 1107 and for reviewing, revising, developing and implementing the IEP in accordance with Ed 1109 until a liable school district assumes these responsibilities on its own or by virtue of a determination of liability by the department. In addition to any other actions taken by the department, Ed 1125 shall apply.(c) Any actions taken by a school district joined as a party in proceedings under RSA 169-B, RSA 169-C or RSA 169-D, regarding the provision of FAPE to a child with a disability, shall, pursuant to RSA 193:29, be without prejudice to a school district's right to recover monies expended for the provision of such education from a sending district or from any public agency as defined by 34 CFR 300.33.(d) The liable school district shall not be responsible for the funding of programs or services necessary for the purposes of implementing an existing or amended program of special education or special education and related services during the pendency of a dispute concerning school district joinder and liability;(e) A dispute as to the appropriateness of an evaluation, determination of disability, IEP or educational assignment, as reflected in a local school district decision may be appealed as provided in Ed 1123. The decision of the hearing officer shall be implemented and the procedures for reporting to the court set forth in Ed 1117.04 shall be followed.(f) All other issues shall be submitted to the department for investigation by a complaint officer pursuant to Ed 1121.(g) In all cases where there is a dispute, the provisions of Ed 1123.11 shall apply unless the placement, program or services for any child are changed or modified by a court of competent jurisdiction or a district court acting pursuant to RSA 169-B, RSA 169-C and RSA 169-D.(h) When DCYF or DJJS notifies the school district of an emergency: (1) The issues in dispute shall be submitted to the state district court having jurisdiction pursuant to RSA 169-B, RSA 169-C and RSA 169-D; and(2) In any instance where a district court issues an order authorizing the provision of a special education assignment, program, or service which differs from or conflicts with the educational assignment, program or service recommended by the IEP team, special education and related services shall be provided at no charge to the parents and in conformity with an IEP developed by the IEP team for use during such placement.N.H. Admin. Code § Ed 1117.09
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
The amended version of this section by New Hampshire Register Volume 37, Number 15, eff. 3/24/2017 is not yet available.