New Hampshire HB 489: relative to changing a pupil's school or assignment because of a manifest educational hardship.

Bill Text

HB 489 - AS AMENDED BY THE HOUSE

19Mar2019... 0989h

2019 SESSION

 19-0516

 06/05

HOUSE BILL 489

AN ACT relative to changing a pupil's school or assignment because of a manifest educational hardship.

SPONSORS: Rep. Ladd, Graf. 4

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2019... 0989h 19-0516

 06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

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 RSA 193:3, I-III is repealed and reenacted to read as follows: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 district. 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 in another district. If a student is reassigned to another district under this paragraph, the superintendents of the district of residence and the receiving district 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 the school board policy of the receiving district. 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 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 because of manifest educational hardship, the district in which the student resi