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2017 New Hampshire Revised Statutes
Title XV - EDUCATION
Chapter 193 - PUPILS
Section 193:29 - Liability for Education of Children in Homes for Children or Health Care Facilities.
Universal Citation: NH Rev Stat § 193:29 (2017)
193:29 Liability for Education of Children in Homes for Children or Health Care Facilities. –
I. For any child placed and cared for in any home for children or health care facility, the sending district shall make payments to the receiving district as follows:
(a) For a child attending a public school in the receiving district who receives special education as required by RSA 186-C, the sending district is liable for either the average per pupil cost of the receiving district as estimated by the state board of education under RSA 193:4, or for the actual prorated cost of the special education and any related services, as defined in RSA 186-C:2, provided by the receiving district, whichever is greater.
(b) For a child attending a public school to which the receiving district as defined in RSA 193:27 shall pay tuition under an AREA or other contractual agreement, the sending district as defined in RSA 193:27 is liable for all costs which said receiving district must pay under that agreement.
(c) If a child is assigned to an out-of-district special education program, the sending district is liable for all costs under RSA 186-C.
II. Actual fiscal liability under paragraph I commences upon enactment of this statute. However, the determination of liability as applied in paragraph I refers to children placed in a home for children or health care facility prior to as well as subsequent to enactment.
III. If the receiving district receives any state or federal aid for educating a child in any home for children or health care facility, including but not limited to aid for foster children under RSA 198:23, that amount shall be deducted from the liability of the sending district for that child.
IV. The agency responsible for placing the child shall inform the sending and receiving districts of where the child presently resides and where the child last resided before placement in a home for children, health care facility, or state institution or where the parent of the child resides if the child is in the legal custody of a parent who resides within the state.
V. The cooperative school district, not the pre-existing district, shall be liable for the cost associated with the education of children placed in a group home, as defined in RSA 170-E:25, II(b), within such cooperative school district provided, however, that the provisions of RSA 193:29, I(a) shall apply to children receiving special education.
I. For any child placed and cared for in any home for children or health care facility, the sending district shall make payments to the receiving district as follows:
(a) For a child attending a public school in the receiving district who receives special education as required by RSA 186-C, the sending district is liable for either the average per pupil cost of the receiving district as estimated by the state board of education under RSA 193:4, or for the actual prorated cost of the special education and any related services, as defined in RSA 186-C:2, provided by the receiving district, whichever is greater.
(b) For a child attending a public school to which the receiving district as defined in RSA 193:27 shall pay tuition under an AREA or other contractual agreement, the sending district as defined in RSA 193:27 is liable for all costs which said receiving district must pay under that agreement.
(c) If a child is assigned to an out-of-district special education program, the sending district is liable for all costs under RSA 186-C.
II. Actual fiscal liability under paragraph I commences upon enactment of this statute. However, the determination of liability as applied in paragraph I refers to children placed in a home for children or health care facility prior to as well as subsequent to enactment.
III. If the receiving district receives any state or federal aid for educating a child in any home for children or health care facility, including but not limited to aid for foster children under RSA 198:23, that amount shall be deducted from the liability of the sending district for that child.
IV. The agency responsible for placing the child shall inform the sending and receiving districts of where the child presently resides and where the child last resided before placement in a home for children, health care facility, or state institution or where the parent of the child resides if the child is in the legal custody of a parent who resides within the state.
V. The cooperative school district, not the pre-existing district, shall be liable for the cost associated with the education of children placed in a group home, as defined in RSA 170-E:25, II(b), within such cooperative school district provided, however, that the provisions of RSA 193:29, I(a) shall apply to children receiving special education.
Source. 1981, 326:1. 1982, 39:7. 1983, 286:1. 1993, 322:8, eff. July 1, 1993. 2008, 274:33, eff. July 1, 2008.
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