186-C:19 Children With Disabilities in Certain State Facilities. –
I. For a child with a disability in a state facility, the school district responsible for selecting and funding the child's special education or special education and related services shall be as follows:
(a) If such child is in the legal custody of the parent, the school district in which the child's parent resides shall be the liable school district.
(b) If such child is not in the legal custody of the parent, or if the parent resides outside the state, the school district in which the child most recently resided other than in a state facility, home for children or health care facility as defined in RSA 193:27 shall be the liable school district.
(c) For the purposes of this section a parent shall not have legal custody if legal custody has been awarded to some other individual or agency, even if that parent retains residual parental rights. An award of legal custody by a court of competent jurisdiction, in this state or any other state, shall determine legal custody under this section.
II. For a child with a disability in a state facility, the responsible school district shall be liable for all expenses incurred in administering the law in relation to children with disabilities.
III. Nothing in paragraphs I or II of this section shall diminish the responsibility of the financially liable school district as defined in paragraphs I and II to develop and implement an individualized education program or to fulfill its obligations under other sections of this chapter for a child with a disability in a state facility, regardless of whether such child was initially placed by a school district, the parent or some other agent.
IV. "State facility" as used in this section means any state operated facility for children and youth with disabilities.