JEC
MANIFEST EDUCATIONAL
HARDSHIP POLICY
Resident pupils of the District shall be assigned to
a public school within the District by the Superintendent or a designee.
The Board recognizes that in unusual and
extraordinary circumstances, parent(s) or guardian(s) may wish to request a
change of assignment to another public school within the District or a public
school in another district.
When the parent(s) or guardian(s) believe that the
assignment which has been made will result in a manifest educational hardship
to the pupil, the Board will consider requests for re-assignment, according to
the procedure outlined below.
PROCEDURE
FOR CONSIDERATION OF A MANIFEST EDUCATIONAL
HARDSHIP REQUEST
The following procedures will be utilized where a
parent(s) or guardian(s) 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(s) or guardian(s) shall make a written request,
through the Superintendent’s office, detailing the specific reasons why they
believe that the current assignment constitutes a manifest educational
hardship. Any such written request shall
be made by the parent(s) or guardian(s) within fifteen (15) days of the
assignment made by the Superintendent or designee.
2. The Board will schedule a time at a regular or special board
meeting held within thirty (30) days of receipt of the written request of the parent(s)
or guardian(s) to hear the request. At
such time, the parent(s) or guardian(s) may address the Board. The Board will hear the parent(s) or
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:3II.(c).
3. The parent(s) or guardian(s) of the
pupil may use whatever information they deem is appropriate to support their
request. At a minimum, however, the
parent(s) or guardian(s) must submit information demonstrating to the School
Board that the current assignment is detrimental or has a negative effect on
the pupil.
4. In determining whether the current assignment of the pupil
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 given it by the parent(s) or guardian(s), the recommendations of
the Superintendent, and any other information which the Board deems relevant
and useful. (Criteria which the board
may opt to use in determining manifest educational hardship is listed in
Appendix JEC-A which follows this policy).
5. The Board reserves the legal right to make a determination
on whether a given request constitutes a manifest educational hardship, and
what the corresponding action should be, on a case by case basis.
6. The Board will render its decision in writing within fifteen
(15) days after the Board meeting at which the parent(s) or guardian(s)
addressed the Board, and will forward its written decision to the parents or
guardians via
7. If a parent or guardian is aggrieved by the decision of the
Board, he/she may appeal to the State Board of Education in accordance with the
provisions of Ed 200.
JEC-A
APPENDIX TO
MANIFEST
EDUCATIONAL HARDSHIP POLICY
The School Board may apply the following criteria or utilize
additional or other criteria, at its sole discretion, as a guideline in
determining Manifest Educational Hardship:
1. Does the pupil have a very
particular, substantiated educational need that cannot be met at the assigned
school?
2. Is the pupil’s particular
educational need one not commonly found within the assigned school’s student
body?
3. Will failure to meet the
pupil’s particular educational need likely cause significant impairment of the
pupil’s educational progress?
4. Is there a (reasonably
available) public school in this or another district which can demonstrably meet
the particular educational need of the pupil?
APPROVED: October, 1998