The Lyme School •  Lyme, New Hampshire
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Policy Manual


Policy: JEC
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 below.

PROCEDURE FOR IMPLEMENTING A MANIFEST EDUCATIONAL HARDSHIP REQUEST

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 91-A:3 II.

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 basis.

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


Statutory/Regulatory References
RSA 193:3, which requires each school district to establish a policy on change of assignment due to manifest educational hardship
RSA 193:14-a
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)