TITLE XV
EDUCATION

CHAPTER 186-C
SPECIAL EDUCATION

Section 186-C:14

    186-C:14 Surrogate Parents. –
I.
Purpose. The purpose of this section is to protect the educational rights of eligible children with disabilities.
II.
Definitions. The following words as used in this section shall be construed as follows:
(a) "Surrogate parent" shall mean a person appointed to act as a child's advocate in place of the child's biological or adoptive parents or guardian in the educational decision-making process.
(b) "Educational decision-making process" shall include identification, evaluation, and placement as well as the hearing, mediation, and appeal procedures.
(c) [Repealed.]
(d) [Repealed.]
III.
Determining Need.
(a) When a child with a disability, as defined in RSA 186-C:2, needs special education and the parent or guardian of the child is unknown or after reasonable efforts cannot be located, or the child is in the legal custody of the division of children, youth, and families, the commissioner, or designee, may appoint a surrogate parent who shall represent the child in the educational decision-making process, provided that for a child in the legal custody of the division of children, youth, and families, a judge overseeing the child's case pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. section 1415(b)(2)(A)(i), may appoint a surrogate parent.
(b) In the case of a child who is an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. section 11434a(6), the school district shall appoint a surrogate parent pursuant to this section.
III-a. (a) The department shall complete a criminal history records check of each surrogate parent. The department shall adopt rules under RSA 541-A, relative to the procedures for conducting criminal history records checks of surrogate parents.
(b) The criminal history records check of a surrogate parent shall be valid for a period of 5 years from the day they are deemed qualified by the department to serve as a surrogate parent.
(c) The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. The department shall destroy all criminal history record information within 60 days of receiving said information.
(d) The department may require the surrogate parent applicant to pay the actual costs of the criminal history records check.
III-b. (a) The surrogate parent applicant shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of the surrogate parent applicant's criminal history record information, including confidential criminal history record information, to the background check coordinator of the department, as described in RSA 21-N:8-a, I-a.
(b) The surrogate parent applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of education. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be taken in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearance from every city, town, or county where an applicant or candidate has lived during the past 5 years.
(c) Any person who has been charged pending disposition for or convicted of any violation or attempted violation of RSA 318-B:2 for possession of a controlled drug with the intent to sell, felony level, within the last 10 years, RSA 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7; 639:2; 639:3; 645:1, II or III; 645:2; 649-A:3; 649-A:3-a; 649-A:3-b; 649-B:3; or 649-B:4; or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, shall not qualify for selection as a surrogate parent.
IV.
Appointment of Surrogate. Appointment of a surrogate parent under this section shall be effective until the child reaches 18 years of age, and may be extended by order of the commissioner until the child graduates from high school or reaches 21 inclusive years of age, whichever occurs first. If the surrogate parent resigns, dies or is removed, the commissioner of the department of education or designee, or the court with jurisdiction over the child's case, may appoint a successor surrogate parent in the same manner as provided in paragraph III.
V.
Right of Access. When a surrogate parent is appointed, the surrogate parent shall have the same right of access as the natural parents or guardian to all records concerning the child. These records shall include, but not be limited to, educational, medical, psychological and health and human service records.
VI.
Limited Liability. No surrogate parent appointed pursuant to the provisions of paragraph III or IV shall be liable to the child entrusted to the surrogate parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such surrogate parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.
VII.
Rules. The state board of education shall adopt rules necessary for the administration of the provisions of this section.

Source. 1981, 352:2. 1986, 223:16. 1988, 172:1-3. 1990, 140:2, X. 1996, 195:1. 1998, 177:4. 2002, 158:2, 3. 2004, 99:3. 2008, 274:30, 31, eff. July 1, 2008; 302:46, eff. Jan. 1, 2009. 2023, 7:3, eff. June 25, 2023; 88:1, eff. Aug. 19, 2023. 2025, 104:2, eff. Aug. 16, 2025.