Students 104 MANIFEST EDUCATIONAL HARDSHIP

Resident students of the District shall be assigned to a public school within the District by the Superintendent or his/her designee.

 

The Board recognizes that in unusual and extraordinary circumstances, the parent/guardian may wish to request a change of assignment to another public school within the District, or to a public school in another district. When the parent/guardian believes that the student's assignment shall result in a manifest educational hardship to the student, the administration shall consider these requests, according to the procedure outlined below.

 

PROCEDURE FOR CONSIDERATION OF A MANIFEST EDUCATIONAL HARDSHIP REQUEST

 

The following procedures shall be utilized where a parent/guardian seeks a change of assignment within the District, or a waiver of assignment from attending any school in the District based on an assertion that the current assignment constitutes a manifest educational hardship:

 

  1. The parent/guardian shall make a written request to the principal of the school that s/he wants his/her child to attend. The request shall detail the specific reasons why s/he believes that the current assignment constitutes a manifest educational hardship. All such written requests shall be made by the parent/guardian within fifteen (15) days of the initial assignment by the Superintendent or his/her designee.

  1. The Principal shall have the authority to approve or deny the request and shall forward his/her decision to the appropriate Assistant Superintendent for final approval.

  1.  If the request is denied, the parent may appeal the decision to the Superintendent within thirty (30) days. The Superintendent shall make a decision on the appeal within ten (10) days of receiving the request.

  1. If the parent is dissatisfied with the Superintendent's decision, s/he shall have the right to appeal to the Board. A time shall be scheduled at a regular Board meeting to hear the parent's request. Such review shall be held within thirty (30) days of receipt of the written request The Board shall hear the parent/guardian's request in non-public session, subject to the right of the parent(s) or guardian(s) to have the matter heard in public session under RSA 91-A:3 II. (c).

 

  1. The parent/guardian may use whatever information s/he deems necessary to support his/her request. At a minimum, however, the parent/guardian shall submit information demonstrating that the current assignment is detrimental or has a negative effect on the student.

 

  1. In determining whether the current assignment of the student constitutes a manifest educational hardship, and what the corresponding appropriate action should be (which may include, but not be limited to, assignment to a public school in another district) the Board shall consider all information supplied by the parent(s) or guardian(s), the recommendations of the Superintendent, and any other information which the Board deems relevant and useful.

  1. The Board reserves the legal right to make a determination, on a case-by-case basis, concerning whether a given request constitutes a manifest educational hardship and what the corresponding action should be.

  1. The Board shall render its decision in writing within fifteen (15) days after the Board meeting in which the parent(s) or guardian(s) addressed the Board, and shall forward its written decision to the parent or guardian via US mail.

  1.  If a parent or guardian is aggrieved by the decision of the Board, s/he may appeal to the State Board of Education in accordance with the provisions of Ed 200.        

 

 

 

Statutory/Regulatory References

RSA 193:3, (requires each school district to establish a policy on change of assignment due to manifest educational hardship)

RSA 193:14-a (Change of School Assignment; Duties of Board of Education.)

RSA 91-A:3 II. (c) (Nonpublic Sessions)

Ed 320, (State Board of Education Rules concerning manifest educational hardship)

Ed 200 et seq.(Rules & Procedures of Conduct of State Board of Education Hearings)

Lisbon Regional School District v. Landaff School District, 114 NH 674 (1974)

 

NHSBA Code JEC

 

First Reading Coordination: 10/16/02

Second Reading and Approval BOSC: 11/12/02