POLICY NUMBER:   3.4(e)

Page #1 of 2 Pages

ADOPTED:  6/22/98 (original)
ADOPTED/REVISED:  11/7/05
First Reading:  10/3/05      Second Reading:  11/7/05

The Hudson School District recognizes that parent(s) or guardian may request a change of school assignment for their child due to a manifest educational hardship in accordance with the provisions of RSA 193:3 and ED. 320.01.  If the parent(s) or guardian believes that the attendance of their child at the assigned school will result in a manifest educational hardship, they may petition the Hudson School Board for a change of school assignment to attend another public school in the same district or a public school in another district.

I.

Parent(s) or guardian must submit a written request for a change of school assignment to the Superintendent of Schools.

A.

The parent(s) or guardian must cite what they believe is the detrimental or negative effect on the pupil which will result if he/she continues to attend the school to which he/she is assigned. 

B.

1. The Board will determine whether a manifest educational hardship exists.

II.

The parent(s) or guardian is entitled to a hearing before the Board with regard to the issue of whether a manifest educational hardship exists.  Within 30 days of receipt of the written request described above, the Board will schedule a time at a regular Board meeting to hear the request of the parent(s) or guardian.  Such hearing may be in public or nonpublic session as determined by the parent(s) or guardian.  This hearing may be waived at the discretion of the parent(s) or guardian.

III.

The parent(s) or guardian has the burden of establishing the detrimental or negative effect on the pupil which will result if he/she continues to attend the school to which he/she is assigned.  A manifest educational hardship arises from an obvious or apparent detrimental or negative effect on a pupil as a result of a highly unique and substantial educational need not shared by other children attending schools in the district.

IV.

If the claim of manifest educational hardship cites a medical condition or a health related environmental concern:

A.

Parent(s) or guardian  will be requested to provide a release for all their child’s medical records, including permission for school officials to speak with the child’s physician(s) directly.

B.

The Board reserves the right to have its own medical expert review the records and speak with the child’s physician(s).

C.

The time limits expressed in this policy will be extended by the Board as necessary, in its discretion, to accommodate delays in obtaining necessary medical information, upon notice of the extension(s) to the parent(s) or guardian.

V.

After a thorough review of the evidence presented and any information the Board deems relevant and useful, and following a recommendation by the Superintendent of Schools, if the Board determines that a manifest educational hardship does exist, appropriate action will be taken including, but not limited to, assignment to another public school in the district or another available public school in another district.  The Board reserves the right to make determinations regarding manifest educational hardships and the resulting action, if any, on a case by case basis.  In making its determination regarding a reassignment on the basis of manifest educational hardship, the Board will not consider a private or parochial institution as an appropriate placement.  The Board will render its decision in writing within fifteen (15) days of the meeting in which the parent(s) or guardian addressed the Board, and will forward its written decision to the parent(s) or guardian via U.S. Mail.  If the parent(s) or guardian waive the hearing, the Board will render its decision within fifteen (15) days of the meeting at which it considers the petition.

VI.

If a parent(s) or guardian is aggrieved by the decision of the School Board, he/she may appeal to the State Board of Education in accordance with the provisions of ED. 200.