HB1328 (2020) Detail

Relative to a change of school or assignment due to manifest educational hardship.


HB 1328 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0670h

2020 SESSION

20-2332

06/05

 

HOUSE BILL 1328

 

AN ACT relative to a change of school or assignment due to manifest educational hardship.

 

SPONSORS: Rep. Luneau, Merr. 10; Rep. Ladd, Graf. 4

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill modifies provisions regarding a change of school or assignment because of an educational hardship.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0670h 20-2332

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to a change of school or assignment due to manifest educational hardship.

 

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

 

1  Change of School due to Manifest Educational Hardship.  RSA 193:3, I-III is repealed and reenacted to read as follows:

193:3  Change of School or Assignment; Best Interest of Student.

I.(a)  The parent or guardian of a student may apply to the superintendent of the student's district of residence if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment.

(b)  Upon such request, the superintendent shall schedule a meeting with the parent or guardian, to be held within 10 days of the request.

(c)  Prior to or at such meeting, the parent or guardian shall make a specific request that the student be re-assigned by the school board to another public school or public academy within the district or to a public school or public academy in another district.

(d)  At such meeting, the parent or guardian may present documents, witnesses, or other relevant evidence supporting the parent's belief that it is in the best interest of the student to change the student's school or assignment.  The superintendent may present such information as he or she deems appropriate.

(e)  In determining whether it is in the best interest of the student to change the student's school or assignment, the superintendent shall consider the student's academic, physical, personal, or social needs.

(f)  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:

(1)  A change of assignment within the student's current assigned school;

(2)  The student's transfer to another public school or public academy within the district of residence; or

(3)  To a public school or public academy in another district.

(g)  If a student is reassigned as a result of a best interest determination, the superintendents involved in the reassignment shall jointly establish a tuition rate for such student.  Some or all of the tuition may be waived by the superintendent of the receiving district for good cause shown or pursuant to school board policy of the receiving district.  The school board of the student's district of residence shall approve the payment of tuition upon the superintendent's finding that is in the best interest of the student to be reassigned.  Transportation shall be the responsibility of the parent or legal guardian.

(h)  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 or guardian may request a hearing with the school board of residence to determine if the student is experiencing a manifest educational hardship under paragraph II.

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.

(b)  The superintendent shall duly notify the school board that the parent or 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.

(c)  At such hearing, the parent or 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 shall have the right to examine all evidence and witnesses.

(d)  Prior to or at such hearing, the parent or guardian shall make a specific request that the student be re-assigned by the school board to another public school or public academy within the district or to a public school or public academy in another district.

(e)  The parent or guardian shall have the burden of establishing the presence of a manifest educational hardship by clear and convincing evidence.

(f)  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 re-assign the student to another public school or public academy within the district or to a public school or public academy in another district.

(g)  If the school board finds that the parent or guardian has not met their burden of proof, the parent or guardian may appeal the local school board decision to the state board of education.  If the state board of education chooses to accept the parent's or guardian's appeal, the state board of education shall schedule hearing on the matter, pursuant to applicable department of education rules.

(h)  If a student is assigned to attend school in another district because of a manifest educational hardship, the district in which the student resides shall pay tuition to the district to which the child is re-assigned.  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.

III.  The state board of education may permit such child to withdraw from the school the student currently attends for such time as the state board deems necessary.  Children with disabilities as defined in RSA 186-C:2 shall be accorded a due process review pursuant to rules adopted under RSA 186-C:16.

III-a (a) A student reassigned under this section shall be counted in the average daily membership in residence of the student's resident school district.  The student's resident district shall forward any tuition payment due to the district to which the student was reassigned.

(b) The superintendent of the student's resident school administrative unit shall notify the department of education within 30 days of any reassignment of students under this section.

(c)  Nothing in this section shall alter or impair the right of a child with a disability, as defined in RSA 186-C:2, to be accorded a due process review pursuant to rules adopted under RSA 186-C:16.

(d)   The total reassignments or transfers in any one school year shall not exceed one percent of the average daily membership in residence of a school district, or 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.

(e)  The state board of education shall adopt rules, pursuant to RSA 541-A, relative to manifest educational hardship.  Each school board shall establish a policy, consistent with the state board's rules, which shall allow a school board, with the recommendation of the superintendent, to take appropriate action including assignment to another public school or public academy within the district or to a public school or public academy in another district.

(f)  Students re-assigned under this section shall meet the admission requirements of the school to which the student is re-assigned.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1328 at GenCourtMobile
HB1328 Discussion

Action Dates

Date Body Type
Jan. 22, 2020 House Hearing
Feb. 18, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1328 Revision: 8280 Date: March 11, 2020, 2:08 p.m.
HB1328 Revision: 6933 Date: Dec. 2, 2019, 2:34 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Education HJ 1 P. 18
Jan. 22, 2020 Public Hearing: 01/22/2020 11:00 am LOB 207
Feb. 18, 2020 Executive Session: 02/18/2020 10:00 am LOB 207
Committee Report: Ought to Pass with Amendment # 2020-0670h (Vote 18-0; CC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0670h for 03/11/2020 (Vote 18-0; CC) HC 10 P. 10
March 11, 2020 Amendment # 2020-0670h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0670h: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8
June 29, 2020 Sen. Carson Moved to Remove From Table, MF, VV; 06/29/2020; SJ 9