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Policies » Section J: Students » JEC: Manifest Educational Hardship

Policy Date: 10/11/2011

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ASD File: JEC
AUBURN SCHOOL DISTRICT
MANIFEST EDUCATIONAL HARDSHIP

Resident pupils of the Auburn School District shall be assigned to a public school within the district by the Superintendent and/or his/her 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 these requests, 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.
2. The Board will schedule a time at a regular board meeting held within thirty (30) days of receipt of the written request of the parent(s) or guardian(s) to hear the parent(s) or guardian(s) 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:3 II. c.
3. The parent(s) or guardian(s) of the pupil may use whatever information which 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 student’s educational or personal development.
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.
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 in which the parent(s) or guardian(s) addressed the Board, and will forward its written decision to the parent(s) or guardian(s) via US Mail.
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.

Legal References:  RSA 193:3, RSA 193:14-a; RSA 91-A:3 II. C, NH Admin Ed Rule 320, NH Admin Ed Rule 200 et seq.

Adopted: November 14, 2000
Revised: October 11, 2011