2006 New Hampshire Statutes - Section 169-C:20 Disposition of Educationally Disabled Child.

At any point during the proceedings, the court may, either on its own motion or that of any other person, and if the court contemplates a residential placement, the court shall immediately, join the legally liable school district for the limited purposes of directing the school district to determine whether the child is educationally disabled as defined in RSA 186-C or of directing the school district to review the services offered or provided under RSA 186-C if the child had already been determined to be educationally disabled. Once joined as a party, the legally liable school district shall have full access to all records maintained by the district court under this chapter and shall make a recommendation to the court as to where the child's educational needs can best be met. In cases where the court does not follow the school district's recommendation, the court shall issue written findings explaining why the recommendation was not followed. If the school district finds or has found that the child is educationally disabled, or if it is found that the child is educationally disabled on appeal from the school district's decision in accordance with the due process procedures of RSA 186-C, the school district shall offer an appropriate educational program and placement in accordance with RSA 186-C. Financial liability for such education program shall be as determined in RSA 186-C:19-b.

Source. 1979, 361:2. 1983, 458:2. 1986, 223:13. 1987, 402:22. 1990, 140:2, X, eff. June 18, 1990.

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