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| **Policy JCA\\ | **Policy JCA\\ | ||
| Change of Class of School or Assignment Best Interests and Manifest Status\\ | Change of Class of School or Assignment Best Interests and Manifest Status\\ | ||
| - | Board Approved: December 4, 2023** | + | Board Approved: January 5, 2026** |
| - | The Superintendent is charged with assigning students of the District to schools and classes consistent with Board policies and procedures. New Hampshire RSA 193:3 recognizes that there are limited instances when the class or school to which a student might be assigned under a district’s ordinary assignment policies and procedures, might not be in that student’s best interests, or other factors might exist under which create a manifest educational hardship upon the student such that a change (referred to in this policy as “reassignment”) in the student’s class or school assignment is warranted. The Board has adopted this policy consistent with RSA 193:3 and to provide procedures for parents/guardians to follow when they believe a reassignment is appropriate.\\ | + | The Superintendent is charged with assigning students of the District to schools and classes consistent with Board policies and procedures. New Hampshire RSA 193:3 recognizes that there are limited instances when the class or school to which a student might be assigned under a district's ordinary assignment policies and procedures, might not be in that student's best interests, or other factors might exist under which create a manifest educational hardship upon the student such that a change (referred to in this policy as "reassignment") in the student's school assignment is warranted. The Board has adopted this policy consistent with RSA 193:3 and to provide procedures for parents/guardians to follow when they believe a reassignment is appropriate. Under specified conditions and procedures as set forth below, reassignment may be made to another public school, public academy or "approved private school" within or outside the District.\\ |
| - | **A. Best Interest Re-Assignment – Determination by Superintendent.**\\ | + | As used in this policy, "approved private school" means a school that has been approved and contracted by the school board to provide a student or students with the opportunity to acquire an adequate education (see RSA 193:3, VII). The term also includes schools that the Board has "approved as a school tuition program." (See NH Dept. of Education Rule Ed 307.01(a).\\ |
| - | Consistent with RSA 193:3, I, and subject to the provisions below, the Superintendent is authorized to reassign a student residing in the District to another class within the school, to another public school, public academy, or approved private school in the District, or to another public school, public academy, or approved private school in another district.\\ | + | |
| - | Authorization granted to the Superintendent to make reassignments under this policy applies only after application is made by the parent/guardian of the student or with the parent/guardian’s consent, and upon a finding by the Superintendent that reassignment is in the student’s best interests, after taking into consideration the student’s academic, physical, personal, or social needs.\\ | + | **__A. Best Interest Re-Assignment - Determination by Superintendent.__** |
| + | Consistent with RSA 193:3, I, and subject to the provisions below, the Superintendent is authorized to reassign a student residing in the District to another public school, public academy or approved private school within the District, or to another public school, public academy, or approved private school in another district.\\ | ||
| - | This policy, however, does not limit the Superintendent’s discretion to make other in-District assignments consistent with applicable Board policies and administrative rules.\\ | + | This policy, however, does not limit the Superintendent's discretion to make other in-District assignments consistent with applicable Board policies and administrative rules.\\ |
| - | **1. Procedure:**\\ | + | **1. Procedure for Best Interest Assignments to a School/Academy Within the District.**\\ |
| - | a. In order to initiate consideration of a reassignment based upon the child’s best interests, the parent/guardian shall submit to the Superintendent a written request stating why and/or how the child’s best interests warrant reassignment. In order to facilitate a determination, such application may also include any additional information described in 4 below. The written request should be mailed or delivered to the SAU office or emailed to the Superintendent at the email address provided on the District’s website.\\ | + | |
| - | b. Upon such request, the Superintendent shall schedule a meeting (the “reassignment meeting”) with the parent/guardian, to be held within 10 days of receiving the request.\\ | + | a. Request for Change of Assignment Within District.\\ |
| + | In order to initiate consideration of a reassignment within the current school, or to a public school, public academy or approved private school within the District, the parent/guardian shall submit to the Superintendent a written request indicating the specific school requested. The parent/guardian is encouraged, but not required, to provide information as to how the child's interests are served by the change in assignment.\\ | ||
| - | c. Prior to or at the reassignment meeting, the parent/guardian shall make a specific request that the student be re-assigned to another class/grade within the same school, to another public school, public academy, or approved private school in the District, or to a public school, public academy, or approved private school in another district.\\ | + | NOTE: The request by the parent should be delivered to the Superintendent no later than July 1. Requests following that date will require a meeting with the Superintendent and may require the parent/guardian to provide relevant evidence supporting the parent/guardian's belief that it is in the best interest of the student to change the current assignment.\\ |
| - | d. At the reassignment meeting, the parent/guardian may present documents, witnesses, or other relevant evidence supporting the parent/guardian's belief that reassignment is in the best interest of the student.\\ | + | b. Reassignment Determination.\\ |
| + | In determining whether to grant a request to change a student's current assignment within the current school or to another public school/academy or approved private school within the District, the Superintendent will only consider whether the school has the ability to accommodate the student based upon "existing school capacity." For purposes of determining existing school capacity, the Superintendent will consider the District's Board policy IIB, the Program Capacity Guideline for that school year, and shall consult with the Student Services Director for special considerations relating to the student's educational program.\\ | ||
| - | e. The Superintendent may present such information as he or she deems appropriate.\\ | + | If the Superintendent determines that the requested school within the District does not have the ability/capacity to accommodate the student and therefore denies the request, the Superintendent will give written notice to the parent/guardian with the reason the request was denied. The parent/guardian is encouraged to provide a supplemental written statement to the Superintendent with any additional information that the parent/guardian believes is relevant to the initial request. The Superintendent will review the additional information and inform the parent/guardian of the decision within 5 school days.\\ |
| - | f. In determining whether reassignment is in the student’s best interest the Superintendent shall consider the student's academic, physical, personal, or social needs.\\ | + | If the Superintendent grants the request to change the student's school or assignment, the Superintendent shall initiate the student's transfer within the current school, or to the other school/academy within the District.\\ |
| - | **2. Finding Reassignment Is or Is Not in Best Interest.**\\ | + | If the Superintendent does not find that it is in the best interest and does not approve the request to change the student's school or assignment, the parent/guardian may request a hearing before the School Board to determine if the student is experiencing a manifest educational hardship as provided in Section B of this policy.\\ |
| - | a. Within five school days of the reassignment meeting, the Superintendent shall deliver to the parent/guardian a written determination as to whether or not reassignment is in the child’s best interest. Delivery of the written determination should be done in a manner to produce evidence of the delivery (e.g., courier, email, fax).\\ | + | |
| - | b. If the Superintendent __finds it is in the best of the interest__ of the student to change the student's school or assignment, the Superintendent shall initiate:\\ | + | **2. Procedures for Best Interest Assignments to a School Outside the District.**\\ |
| + | A change in assignment to a school/academy outside of the District under this section requires a finding by the Superintendent that reassignment is in the student's best interests, after taking into consideration the student's academic, physical, personal, or social needs.\\ | ||
| - | i. A change of assignment within the student's current assigned school;\\ | + | a. Change of Assignment Request.\\ |
| + | In order to initiate consideration of a reassignment to a public school, a public academy or approved private school outside of the District ("school outside the district") based upon the child's best interests, the parent/guardian shall submit to the Superintendent a written request stating why and/or how the child's best interests warrant the change. To facilitate a determination, such application should also include any additional information described in paragraph A.1.a.iii, below. The written request should be mailed or hand-delivered to the SAU office or emailed to the Superintendent at the email address provided on the District's website.\\ | ||
| - | ii. The student's transfer to another public school or public academy within the district of residence; or\\ | + | b. Reassignment Meeting and Review of Request.\\ |
| - | iii. The student's transfer to a public school, public academy, or approved private school in another district.\\ | + | i. Upon receiving a request to change assignment to a school outside the District, the Superintendent will schedule a meeting (the "reassignment meeting") with the parent/guardian, to be held within 10 days of receiving the written request.\\ |
| + | |||
| + | ii. Prior to or at the reassignment meeting, the parent/guardian shall make a specific request that the student be re-assigned to a specific school outside the District.\\ | ||
| - | c. If the Superintendent __does not find that it is in the best interest__ of the student to change the student's school or assignment, the parent/guardian may request a hearing before the School Board to determine if the student is experiencing a manifest educational hardship as provided in Section B of this policy.\\ | + | iii. At the reassignment meeting, the parent/guardian may present documents, witnesses, or other relevant evidence supporting the parent/guardian's belief that reassignment is in the best interest of the student.\\ |
| - | **3. Tuition Determination.** | + | iv. The Superintendent may present such information as he or she deems appropriate.\\ |
| - | a. Assignment to Another School District or Public Academy. If a student is to be reassigned to a public school in another school district or approved public academy as a result of a best interest determination, the Superintendent shall work with the Superintendent or administrator of the receiving school district/approved school to establish a tuition rate for such student. Pursuant to RSA 193:3, I(g), if the Superintendent has made a finding that it is in the best interest of the student to be reassigned, then the School Board shall approve the tuition payment consistent with the Board’s ordinary manifest approval procedures.\\ | + | |
| - | b. Assignment to an Approved Private School. If the student is reassigned to an approved private school as a result of a best interest determination, that school may charge tuition to the parent/guardian or may enter into an agreement for payment of tuition with the school district in which the student resides. The Superintendent shall consult with counsel regarding tuition obligations in such an instance. Any such Agreement shall be subject to approval by the school board on behalf of the School District and shall be at the sole Discretion of the School Board with due consideration given to the fiscal impact of such approval of the District, and shall not be granted if, in the opinion of the School Board, there are other viable public school options for reassignment.\\ | + | v. In determining whether reassignment is in the student's best interest, the Superintendent shall |
| + | consider the student's academic, physical, personal, or social needs.\\ | ||
| + | |||
| + | c. Determination Whether Reassignment is in Best Interest.\\ | ||
| - | The Superintendent shall assure that the reassignment approval is placed on the agenda for the next regularly scheduled Board meeting.\\ | + | Within five school days of the reassignment meeting, the Superintendent shall deliver to the parent/guardian a written determination whether or not reassignment is in the child's best interest. Delivery of the written determination should be done in a manner to produce evidence of the delivery (e.g., courier, email, fax).\\ |
| + | |||
| + | i. Finding that Change is in Student's Best Interest.\\ | ||
| + | If the Superintendent finds it is in the best of the interest of the student to change the student's school or assignment, the Superintendent shall initiate the process to implement the student's transfer to a school outside the district (requires agreement of the other school/district).\\ | ||
| - | **4. Transportation:** | + | ii. No Finding that Change is in Student's Best Interest.\\ |
| - | Transportation for a student reassigned to a school in another district under this Section A (best interest) shall be the responsibility of the parent/guardian.\\ | + | If the Superintendent does not find that it is in the best interest of the student to change the student's school or assignment, the parent/guardian may request a hearing before the School Board to determine if the student is experiencing a manifest educational hardship as provided in Section B of this policy. The Superintendent shall assure that the reassignment approval is placed on the agenda for the next regularly scheduled Board meeting.\\ |
| - | **5. Tuition for Students Reassigned by Other Districts Pursuant to RSA 193:3, I.**\\ | + | **3. Tuition Determination.**\\ |
| - | It is the general policy of the Board that the tuition amount to be charged to another district for any student reassigned by that district to a school within this District under the best interest standard of 193:3, I, shall be the lesser of the tuition charged for non-residential students under Board policy JFAB or as computed under the formula set out in RSA 193: The Superintendent, however, is authorized to reduce the tuition amount below those thresholds or for other good cause shown (e.g., reciprocal assignments between the two districts).\\ | + | a. Public Academy Within the District.\\ |
| + | A student whose assignment is changed to a public academy within the district, then tuition will be based upon outstanding agreements between the District and the public academy.\\ | ||
| - | **6. Other In-District Assignments.**\\ | + | b. Public School or Academy Outside the District.\\ |
| - | Nothing in this policy is intended to limit authority otherwise extended to the Superintendent to make assignments or reassignments according to the policies, regulations, and ordinary practices of the District.\\ | + | If a student is to be reassigned to a public school or academy in another school district following a best interest determination, the Superintendent shall work with the Superintendent or senior education official of the receiving school district/academy to establish a tuition rate for such student. Pursuant to RSA 193:3, I(g), if the Superintendent has made a finding that it is in the best interest of the student to be reassigned, then the School Board shall approve the tuition payment; such approval shall be consistent with the Board's ordinary manifest approval procedures.\\ |
| - | **7. Review/Appeal of Decision.**\\ | + | c. Approved Private School Either Within or Outside of the District.\\ |
| - | The decision of the Superintendent shall be final and any appeal shall be limited to the process set forth in Section B, below.\\ | + | If the student is reassigned to an approved private school under this policy, that school may charge tuition to the parent/guardian or may enter into an agreement for payment of tuition District in which the student resides. The Superintendent shall consult with counsel regarding tuition obligations in such an instance. Any such Agreement shall be subject to approval by the school board on behalf of the School District and shall be at the sole discretion of the School Board with due consideration given to the fiscal impact of such approval of the District, and shall not be granted if, in the opinion of the School Board, there are other viable public school options for reassignment. The Superintendent shall assure that the reassignment to an approved private school is placed on the agenda for the next regularly scheduled Board meeting.\\ |
| - | **8. Annual Review of Decision.**\\ | + | d. Tuition for Students Reassigned by Other Districts Pursuant to RSA 193:3, I.\\ |
| - | A reassignment on the basis of best interest of the student shall be limited to no longer than the end of the ensuing school year, and shall be subject to review by the Superintendent prior to any subsequent school year to determine that the reassignment remains in the best interest of the student, with the understanding that the Superintendent may, at his/her discretion waive the review when he/she deems such to be appropriate.\\ | + | It is the general policy of the Board that the tuition amount to be charged to another district for any student reassigned by that district to a school within this District under the best interest standard of 193:3, I, shall be the lesser of the tuition charged for non-residential students under Board policy JFAB or as computed under the formula set out in RSA 193:4. The Superintendent, however, is authorized to reduce the tuition amount below those thresholds or for other good cause shown (e.g., reciprocal assignments between the two districts).\\ |
| - | **B. Manifest Educational Hardship – Determination by School Board and Appeal to State Board.**\\ | + | **4. Transportation.**\\ |
| - | If, after following the procedure outlined in Section A of this policy, the Superintendent did not find that it was in the best interest of the student to reassign the student as requested by the student’s parent/guardian, then the parent/guardian may request a hearing before the School Board to determine if the student is experiencing a manifest educational hardship.\\ | + | Transportation for a student reassigned to a school in another district under this Section A (best interest) shall be the responsibility of the parent/guardian. Transportation within the District will be consistent with the transportation policies of the District for the public, charter and private schools located within the District.\\ |
| - | **1. “Manifest Educational Hardship” Defined.**\\ | + | **5. Annual Review of Decision.**\\ |
| - | As provided in RSA 193:3, II (a), "manifest educational hardship" means that a student has a documented hardship in his or her current educational placement; and that such hardship has a detrimental or negative impact on the student's academic achievement or growth, physical safety, or social and emotional well-being. Such hardship must be so severe, pervasive, or persistent that it interferes with or limits the ability of the student to receive an education.\\ | + | A reassignment on the basis of best interest of the student shall be limited to no longer than the end of the ensuing school year, and shall be subject to review by the Superintendent prior to any subsequent school year to determine that the reassignment remains in the best interest of the student, with the understanding that the Superintendent may, at his/her discretion waive the review when he/she deems such to be appropriate.\\ |
| - | **2. Procedure for Determination of Manifest Educational Hardship.**\\ | + | **6. Review/Appeal of Decision.**\\ |
| - | a. Within thirty (30) days after receipt of the Superintendent’s written determination describing that reassignment is not in the student’s best interest as described in paragraph A.2.a & c, the parent/guardian requesting a manifest educational hardship hearing shall submit a written application to the Superintendent detailing the specific reasons why they believe that the current assignment constitutes a manifest educational hardship.\\ | + | The decision of the Superintendent relative to best interest reassignments shall be final and any appeal shall be limited to the process set forth in Section B, below. [Section A above has been replaced in full.] |
| - | b. The Superintendent shall duly notify the school board that the parent/guardian has requested a manifest educational hardship hearing, upon which the school board shall schedule a hearing to be held no more than 15 days after the request has been received by the Superintendent. The Board shall provide at least two full days' notice of the hearing. The Board will conduct the hearing in non-public session, unless the parent/guardian requests the hearing be held in public session, subject to RSA 91-A:3, | + | **__B. Manifest Educational Hardship - Determination by School Board and Appeal to State Board.__**\\ |
| - | II(c).\\ | + | If, after following the procedure outlined in Section A of this policy, the Superintendent did not find that it was in the best interest of the student to reassign the student as requested by the student's parent/guardian, then the parent/guardian may request a hearing before the School Board to determine if the student is experiencing a manifest educational hardship.\\ |
| - | c. Prior to or at such hearing, the parent/guardian shall provide to the Superintendent a specific request in writing that the student attend another public school, public academy, or approved private school in the District, or a public school, public academy, or approved private school in another school district. The Superintendent shall provide such request to the School Board at the hearing. Although not required, the parent/guardian may include this request as part of the original hearing request.\\ | + | **1. "Manifest Educational Hardship" Defined.** \\ |
| + | As provided in RSA 193:3, II (a), "manifest educational hardship" means that a student has a documented hardship in his or her current educational placement; and that such hardship has a detrimental or negative impact on the student's academic achievement or growth, physical safety, or social and emotional well-being. Such hardship must be so severe, pervasive, or persistent that it interferes with or limits the ability of the student to receive an education.\\ | ||
| - | d. At such hearing, the parent/guardian may present documents, witnesses, or other relevant evidence supporting their belief that the student is experiencing a manifest educational hardship. The Superintendent may present such information as he or she may deem appropriate to assist the School Board in reaching its decision. The parties (or their appointed designee) shall have the right to examine all evidence and witnesses. The formal rules of evidence shall not apply. The Superintendent will assure the means for the Board to establish an adequate record of the hearing.\\ | + | **2. Procedure for Determination of Manifest Educational Hardship.** \\ |
| - | e. The parent/guardian shall have the burden of establishing the presence of a manifest educational hardship by clear and convincing evidence, which means that the evidence is highly and substantially more likely to be true than untrue, and the Board must be convinced that the contention is highly probable.4\\ | + | a. Within thirty (30) days after receipt of the Superintendent's written determination denying a request for change of assignment as described in Section A, above, the parent/guardian requesting a manifest educational hardship hearing shall submit a written application to the Superintendent detailing the specific reasons why they believe that the current assignment constitutes a manifest educational hardship.\\ |
| - | f. The Board will render its decision in writing within seven days after the hearing and will forward its written decision to the parent/guardian via means producing proof of delivery (e.g., courier, email, etc.). The decision will conform to the requirements of NH Dept. of Education Rule Ed 320(c)-(e).\\ | + | b. The Superintendent shall duly notify the school board that the parent/guardian has requested a manifest educational hardship hearing, upon which the school board shall schedule a hearing to be held no more than 15 days after the request has been received by the Superintendent. The Board shall provide at least two full days' notice of the hearing. The Board will conduct the hearing in non- public session, unless the parent/guardian requests the hearing be held in public session, subject to RSA 91-A:3, II(c). The hearing will be held following the procedures set forth under NH Dept. of Education rules Ed 204.01, and Ed 307.01(f).\\ |
| - | **3. Finding of Manifest Educational Hardship.**\\ | + | c. Prior to or at such hearing, the parent/guardian shall provide to the Superintendent a specific request in writing that the student attend a public school, public academy, or approved private school in another school district. The Superintendent shall provide such request to the School Board at the hearing. Although not required, the parent/guardian may include this request as part of the original hearing request.\\ |
| - | If the School Board finds that the student has a manifest educational hardship, the School Board shall grant the parent's or guardian's request to reassign the student to another public school, public academy, or approved private school in the District, or to a public school, public academy, or approved private school in another district.\\ | + | |
| - | 4. **Finding that Manifest Educational Hardship Was Not Established – Appeal to the New Hampshire State Board of Education.**\\ | + | d. At such hearing, the parent/guardian may present documents, witnesses, or other relevant evidence supporting their belief that the student is experiencing a manifest educational hardship. The Superintendent may present such information as he or she may deem appropriate to assist the School Board in reaching its decision. The parties (or their appointed designee) shall have the right to examine all evidence and witnesses. The formal rules of evidence shall not apply. The Superintendent will provide the means for the Board to establish an adequate record of the hearing.\\ |
| - | If the School Board finds that the parent/guardian has not met their burden of proof, the parent/guardian may appeal the local Board decision to the New Hampshire State Board of Education (“SBOE”), within thirty (30) days of receipt of the Board’s written decision in accordance with NH Dept. of Ed. Rule Ed 2001(g). If a parent/guardian believes that denial of a re-assignment under this policy is based upon the child’s disability, the parent/guardian may appeal to the SBOE or file a complaint with the N.H. Human Rights Commission under RSA 354-A:28.\\ | + | |
| - | 5. **Tuition for Students Reassigned Upon Finding of Manifest Educational Hardship.**\\ | + | e. The parent/guardian shall have the burden of establishing the presence of a manifest educational hardship by clear and convincing evidence, which means that the evidence is highly and substantially more likely to be true than untrue, and the Board must be convinced that the contention is highly probable. (Note: The clear and convincing standard differs from the "preponderance of the evidence" standard, which only requires that evidence indicates that the contention is more likely than not.)\\ |
| - | If, after a finding of a manifest educational hardship - by either the School Board or the State Board - a student of the District is assigned to attend a public school or a public academy in another district, or a student from another district is assigned to a school in this District, the district in which the student resides shall pay tuition to the district to which the child is reassigned. | + | |
| - | Such tuition shall be computed according to RSA 193:4. The school board of the district in which the student resides shall approve the tuition payment consistent with its ordinary manifest approval process.\\ | + | |
| - | **6. Transportation:**\\ | + | f. The Board will render its decision in writing within seven days after the hearing and will forward its written decision to the parent/guardian via means producing proof of delivery (e.g., courier, email, etc.). The decision will conform to the requirements of NH Dept. of Education rule Ed 204.01(d) and (e)).\\ |
| - | Transportation for a student reassigned to a school in another district under this Section B (manifest educational hardship) shall be the responsibility of the District unless otherwise ordered by the SBOE.\\ | + | |
| - | **7. Annual Review of Manifest Hardship Determination.**\\ | + | **3. Finding of Manifest Educational Hardship.**\\ |
| - | A reassignment on the basis of manifest educational hardship shall be limited to no longer than the end of the ensuing school year and shall be subject to review by the School Board prior to any subsequent school year to determine that the manifest educational hardship still exists, with the understanding that the Board may, at its discretion, waive the review when it deems such to be appropriate.\\ | + | If the School Board finds that the student has a manifest educational hardship, the School Board shall grant the parent's or guardian's request to reassign the student to a public school, public academy, or approved private school in another district.\\ |
| - | **C. Admission Requirements.**\\ | + | **4. Finding that Manifest Educational Hardship Was Not Established - Appeal to the New Hampshire State Board of Education.**\\ |
| - | Students reassigned under this Policy shall meet the admission requirements of the school to which the student is to be reassigned.\\ | + | If the School Board finds that the parent/guardian has not met their burden of proof, the parent/guardian may appeal the local Board decision to the New Hampshire State Board of Education ("SBOE"), within thirty (30) days of receipt of the Board's written decision in accordance with NH Dept. of Education Rule Ed 204.01(g). If a parent/guardian believes that denial of a re-assignment under this policy is based upon the child's disability, the parent/guardian may appeal to the SBOE or file a complaint with the N.H. Human Rights Commission under RSA 354-A:28.\\ |
| - | **D. Statutory Reassignment Limit.**\\ | + | **5. Tuition for Students Reassigned Upon Finding of Manifest Educational Hardship.**\\ |
| - | The total reassignments or transfer made under this policy in any one school year will not exceed one (1) percent of the average daily membership in residence of a school district, or five (5) percent of the average daily membership in residence of any single school, whichever is greater, unless the School Board votes to exceed this limit.\\ | + | If, after a finding of a manifest educational hardship - by either the School Board or the State Board - a student of the District is assigned to attend a public school or a public academy in another district, or a student from another district is assigned to a school in this District, the district in which the student resides shall pay tuition to the district to which the child is reassigned.\\ |
| + | Such tuition shall be computed according to RSA 193:4. The school board of the district in which the student resides shall approve the tuition payment consistent with its ordinary manifest approval process.\\ | ||
| - | **E. Count of Reassigned Pupils, Tuition Payment and Rate, and Transportation.**\\ | + | **6. Transportation.**\\ |
| - | Pupils reassigned under this policy will be counted in the average daily membership in residence ("ADMR") of a given pupil's resident school district. Said pupil's resident district will forward any tuition payment due to the District to which the pupil was assigned.\\ | + | Transportation for a student reassigned to a school in another district under this Section B (manifest educational hardship) shall not be the responsibility of the District unless otherwise ordered by the SBOE.\\ |
| - | **F. Notice to the Department of Education.**\\ | + | **7. Annual Review of Manifest Hardship Determination.**\\ |
| - | The Superintendent of the pupil's resident SAU will notify the Department of Education within thirty (30) days of any reassignment made under this policy.\\ | + | A reassignment on the basis of manifest educational hardship shall be limited to no longer than the end of the ensuing school year and shall be subject to review by the School Board prior to any subsequent school year to determine that the manifest educational hardship still exists, with the understanding that the Board may, at its discretion, waive the review when it deems such to be appropriate.\\ |
| - | **G. Special Education Placements.**\\ | + | **__C. Admission Requirements.__**\\ |
| - | A placement made relative to a student's special education needs and services shall not be deemed a change of school assignment for purposes of this section.\\ | + | Students reassigned under this Policy shall meet the admission requirements of the school to which the student is to be reassigned.\\ |
| - | **Legal References**\\ | + | **__D. Statutory Reassignment Limit.__**\\ |
| - | RSA 193:14-a\\ | + | Pursuant to RSA 193:3, III-a(d), the total reassignments or transfers made under this policy in any one school year will not exceed one (1) percent of the average daily membership in residence of a school district, or five (5) percent of the average daily membership in residence of any single school, whichever is greater, unless the School Board votes to exceed this limit.\\ |
| - | RSA 193:3, III\\ | + | |
| - | N.H. Dept. of Education Admin. Rule Ed. 320\\ | + | __**E. Count of Reassigned Pupils, Tuition Payment and Rate, and Transportation.**__\\ |
| + | Pupils reassigned under this policy will be counted in the average daily membership in residence ("ADMR") of a given pupil's resident school district. Said pupil's resident district will forward any tuition payment due to the district to which the pupil was assigned.\\ | ||
| + | |||
| + | **__F. Notice to the Department of Education.__** The Superintendent of the pupil's resident SAU will notify the Department of Education within thirty (30) days of any reassignment made under this policy. | ||
| + | G. Special Education Placements. A placement made relative to a student's special education needs and services shall not be deemed a change of school assignment for purposes of this section.\\ | ||
| **District Policy History:**\\ | **District Policy History:**\\ | ||
| - | First reading: November 20, 2023\\ | + | First reading: December 15, 2025\\ |
| - | Second reading/adopted: December 4, 2023\\ | + | Second reading: January 5, 2026\\ |
| - | **District revision history:** Adopted May 16, 2022\\ | + | Third reading/adopted: February 2, 2026\\ |
| + | District revision history: Adopted May 16, 2022, Revised December 4, 2023.\\ | ||
| + | |||
| + | NH Statutes \\ | ||
| + | RSA 189:1-a\\ | ||
| + | RSA 189:6 \\ | ||
| + | RSA 193:14-a\\ | ||
| + | RSA 193:3 \\ | ||
| + | RSA 193:4 \\ | ||
| + | RSA 354-A:28 \\ | ||
| + | NH Dept of Ed Regulation \\ | ||
| + | N.H. Code Admin. Rules Ed 204.01 \\ | ||
| + | N.H. Code Admin. Rules Ed 307 (formerly Ed 320) Manifest Educational Hardship\\ | ||
| - | {{ ::policy_jca__change_of_class_of_school_or_assignment_best_interests_and_manifest_hardship_1_.pdf |Download}}\\ | + | {{ ::policy_jca.pdf |Download}}\\ |
| [[section_j|Section J]]\\ | [[section_j|Section J]]\\ | ||
| [[start|Policy Manual]] | [[start|Policy Manual]] | ||