N.H. Admin. Code § Ed 1201.02

Current through Register No. 50, December 12, 2024

Section Ed 1201.02 - Investigation of Improper Restraints

(a) The commissioner shall investigate complaints alleging facts of improper restraint resulting in serious injury in school or a facility pursuant to RSA 126-U:8 as set forth below.

(b) The commissioner shall assign an employee of the department or, if an employee of the department is not available, an independent investigator to:

(1) Investigate the complaint including conducting an on-site investigation and consider the following:

a.Supporting documentation of the incident consistent with RSA 126-U:7;

b.Personal injury reports;

c.Affidavits from witnesses of the incident;

d.Policies and procedures of agency regarding disciplinary action and use of restraints procedure adopted by agency;

e.Interviews of parents, administrators, teachers, child and others when necessary; and

f.Other relevant information; and

(2) Issue a written report with recommendations to the commissioner to include a chronological summary of the relevant events including how the school responded to those events.

(c) The commissioner shall issue a written decision that addresses each allegation in the complaint and contains findings of facts.

(d) If the commissioner finds there has been a failure to comply with RSA 126-U, the commissioner's decision shall address the required action by the school district to correct the noncompliance. The commissioner shall also order the department to take actions such as, but not be limited to frequent, regular reviews of records of restraint and or random, unannounced onsite visits to the school. The commissioner shall also refer the matter to the division of program support, bureau of credentialing, for consideration of further action when matters of educator misconduct are alleged.

(e) The commissioner shall mail the written decision and a copy of the investigator's report to:

(1) The school; and

(2) The student's parent(s), the adult student, or the student's legal guardian.

(f) When the school is a public school operated by a school district, the commissioner shall also mail the decision and the investigator's report to that schools' superintendent of schools. The commissioner shall also inform the complainant that the proceedings on the complaint have concluded.

(g) Any party who is aggrieved by the final written decision of the commissioner may appeal to the state board of education as provided in Ed 200.

N.H. Admin. Code § Ed 1201.02

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10590, Effective 5/15/2014, Expires5/15/2024.

The amended version of this section by New Hampshire Register Volume 36, Number 06, eff.1/8/2016 is not yet available.