Manifest Educational Hardship
The Superintendent, or designee shall assign resident pupils
of the District to a public school within the District.
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. When the parent(s) or guardian(s)
believe that the assignment to Lyme School will result in
a manifest educational hardship to the pupil, the Board will
consider these requests, according to the procedure outlined
PROCEDURE FOR IMPLEMENTING A MANIFEST EDUCATIONAL HARDSHIP
The following procedures will be utilized where a parent(s)
or guardian(s) seeks a waiver of assignment from attending
the Lyme School 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 Board Meeting held
within a reasonable period 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 nonpublic session, subject to the right of the parent(s) or
guardian(s) to have the matter heard in public session under RSA
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 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.
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
6. 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.
ADOPTED: 25 May 2000
RSA 193:3, which requires each school district to establish
a policy on change of assignment due to manifest educational
RSA 91-A:3 II.
Ed 320, which are the State Board of Education Rules concerning
manifest educational hardship
Ed 200 et seq.
Lisbon Regional School District v. Landaff School District,
114 NH 674 (1974)