sb 0354

CHAPTER 205

SB 354 - FINAL VERSION

AN ACT authorizing foster parents to act as educational advocates for foster children with educational disabilities.

SPONSORS: Sen. Below, Dist 5; Sen. Pignatelli, Dist 13; Sen. Fernald, Dist 11; Rep. Dionne, Hills 1

This bill authorizes foster parents to act as educational advocates for foster children with educational disabilities in the educational decision-making process and sets forth circumstances under which such representation may occur.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT authorizing foster parents to act as educational advocates for foster children with educational disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

205:1 New Paragraph; Special Education; Definitions. Amend RSA 186-C:2 by inserting after paragraph VI the following new paragraph:

(b) A guardian of a child, but not the state when the state has legal guardianship of the child;

(c) A person acting in the place of a custodial parent or guardian of a child, if no other custodial parent or guardian is available, who is designated in writing to make educational decisions on the child's behalf by such parent or guardian;

(d) A surrogate parent who has been appointed in accordance with RSA 186-C:14; or

(e) A foster parent of a child who has been appointed in accordance with RSA 186-C:14-a.

205:2 New Section; Special Education; Foster Parent Representation of Foster Children with Educational Disabilities. Amend RSA 186-C by inserting after section 14 the following new section:

186-C:14-a Foster Parent Representation of Foster Children with Educational Disabilities.

I. A foster parent or parents may be appointed by the commissioner of the department of education that he or she has the knowledge and skills to represent the child adequately in

services or designee, or by the director of a child placing agency licensed under RSA 170-E that has placed the child with the foster parent or parents, to make educational decisions on behalf of a foster child for the duration of the foster placement, provided that:

(a) The natural parents' parental rights have been terminated by a court of law or by death; and

(1) Is in an ongoing, long-term parental relationship with the child, as determined by the department of health and human services or the child placing agency;

(2) Is willing to make the educational decisions required of parents under state and federal law;

(4) Has demonstrated to the satisfaction of the commissioner of the department of education that he or she has the knowledge and skills to represent the child adequately in

II. A foster parent appointment pursuant to this section shall supersede the appointment of a surrogate parent under RSA 186-C:14.

III. A foster parent acting as a parent shall have the same right of access as the natural parents or guardians to all records concerning the child. These records shall include, but are not limited to, educational, medical, psychological, and welfare records.

IV. No foster parent appointed to act in the capacity of a parent under this section shall be liable to the child entrusted to the foster parent or the parents or guardian of such child for any civil damages which result from acts or omissions of such foster parent which may arise out of ordinary negligence. This immunity shall not apply to acts or omissions constituting gross, willful, or wanton negligence.

V. The state board of education shall adopt rules, pursuant to RSA 541-A, necessary for the implementation of this section.