Revision: Jan. 10, 2021, 9:12 a.m.
HB 388 - AS INTRODUCED
2021 SESSION
21-0517
06/05
HOUSE BILL 388
AN ACT relative to changing a pupil's school or assignment because of a manifest educational hardship.
SPONSORS: Rep. Ladd, Graf. 4; Rep. Cordelli, Carr. 4; Rep. Pitre, Straf. 2; Rep. Boehm, Hills. 20; Rep. Shaw, Hills. 16
COMMITTEE: Education
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ANALYSIS
This bill revises the procedures for a change of school or assignment because of manifest 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0517
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to changing a pupil's school or assignment because of a manifest educational hardship.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Change of School or Assignment; Definition; Manifest Educational Hardship. Amend RSA 193 by inserting after section 2 the following new section:
193:2-a Definitions. In this chapter:
I. "Best interest of the student" means a condition or action taken that benefits or is intended to favorably support a student's learning experience.
II. “Manifest educational hardship” means that a student has a documented physical, mental, or emotional condition brought on by his or her current educational placement and that such condition has a detrimental or negative impact on the student’s academic achievement or growth, physical safety, or social and emotional well-being. Such condition must be severe, pervasive, or persistent so as to interfere with or limit the ability of the student to receive an education.
2 School Assignment; Change of School or Assignment. RSA 193:3, I-III are repealed and reenacted to read as follows:
I. If the parent or guardian of a student believes it would be in the best interest of the student to change the student’s school or assignment, the parent or guardian may request a meeting with the superintendent of the student’s district of residence for the purpose of changing the student’s school or assignment to another public school or public academy within the district or to a public school, [or] public academy, [in another] or other approved school not in the district of residence. The superintendent shall meet with the parent or guardian within 10 instructional days of receiving the request. At such meeting, the parent or guardian may present documents, witnesses, or other relevant evidence supporting his or her 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. 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, and social needs.
(a) The superintendent shall make a determination and notify the parent or guardian on the student's school assignment request no more than 10 instructional days after the meeting with the parent or guardian.
(b) If the superintendent finds it is in the best interest of the student to change the student’s school or assignment, the superintendent shall either change the assignment within the student's current school, transfer the student to another public school or public academy within the district of residence, or transfer the student to a public school, [or] public academy, or other approved school [in another] not in the district of residence. If a student is reassigned to another district or school not in the district of residence under this paragraph, the superintendents of the district of residence and the receiving district or approved school 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 or approved school for good cause shown or pursuant to the school board or board of trustees policy of the receiving district or approved school. The cost of transportation shall be the responsibility of the parent or legal guardian.
(c) If the superintendent finds that it is not in the best interest of the student to change the student’s school or assignment, the parent or guardian may appeal the superintendent’s decision to the school board of residence to determine if the student is experiencing a manifest educational hardship, as defined in RSA 193:2-a. The superintendent shall notify the school board that the parent or guardian has requested a manifest educational hardship hearing. The school board shall schedule a hearing to be held no more than 15 days after receiving the request.
II. If a student is assigned to attend school in another district or approved school not in the district of residence because of manifest educational hardship, the district in which the student resides shall pay tuition to the district or approved school in which the child is reassigned, with such tuition being computed under RSA 193:4. 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. 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 or approved school to which the student was reassigned. 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. Nothing in this paragraph 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. Changes of school or assignment based upon the best interest of the student or manifest educational hardship shall be subject to the following provisions:
(a) The student's parent or legal guardian petitions the superintendent for a change of school assignment or consents to the superintendent's recommendation for such a change;
(b) The superintendent determines that such a change would be in the student's best interest;
(c) The school board or board of trustees of each school district or approved school involved in the reassignment of the student votes to approve the reassignment; and
(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.
II-a. If the person having custody of the child is aggrieved by the decision of the school board, the person may appeal to the state board of education, and the state board of education, after investigating the case and giving notice to the school board, may order such child to attend another school in the same district, if such a school is available, or to attend an approved school [in another] not in the district of residence. In case the child is assigned to attend an approved school [in another] not in the district of residence, the district in which such child resides shall pay tuition computed as provided in RSA 193:4 to the district or approved school in which such child attends. The state board of education may also permit such child to withdraw from school attendance for such time as it may deem necessary or proper or may make such other orders with respect to the attendance of such child at school as in its judgment the circumstances require. 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. The state board of education shall adopt rules pursuant to RSA 541-A, relative to manifest educational hardship and related issues which affect a child's attendance at school. Each school district 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, or approved school [in another] not in the district of residence. The school district's manifest education policy may designate an assistant superintendent to act on the superintendent's behalf regarding matters of student change of school or assignment. Students reassigned under this section shall be subject to meeting the admission requirements of the school to which the student is reassigned; and subject to the agreement of the superintendent of the receiving school district or approved school.
3 Effective Date. This act shall take effect 60 days after its passage.