Section Ed 1203.02 - Review of Complaint Filed(a) The commissioner or the commissioner's designee shall provide the information obtained in Ed 1203.01 to the investigator designated by the department of education. The investigator shall not be affiliated with the school or any person involved with the complaint.(b) If the complaint is filed by an individual other than a parent or guardian, the investigator shall notify the parent or guardian that a complaint has been filed on behalf of his or her child.(c) The commissioner or the commissioner's designee shall review the complaint and shall dismiss the complaint if:(1) The alleged facts, if true, would not constitute a violation of RSA 126:U; or(2) The alleged improper restraint or seclusion did not occur within 12 months of the date of filing of the complaint. However, such a complaint shall not be dismissed if the complainant could not have reasonably discovered the violation within 12 months of the filing of the complaint.(d) The department shall conduct investigations to determine if there were or were not violations of RSA 126-U.(e) The commissioner or the commissioner's designee will notify the complainant that the complaint has been dismissed and the basis for the dismissal.N.H. Admin. Code § Ed 1203.02
Derived From Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11019, Effective 1/8/2016, Expires 1/8/2026.