TITLE XV
EDUCATION

CHAPTER 193
PUPILS

School Attendance

Section 193:3

    193:3 Change of School or Assignment; Manifest Educational Hardship or Best Interest; Excusing Attendance. –
    I. Any person having custody of a child may apply to the school board for relief if the person thinks the attendance of the child at the school to which such child has been assigned will result in a manifest educational hardship to the child. If the person having custody of the child is aggrieved by the decision of the school board, the person may appeal to the state board of education, and the state board of education, after investigating the case and giving notice to the school board, may order such child to attend another school in the same district, if such a school is available, or to attend school in another district. In case the child is assigned to attend school in another district, the district in which such child resides shall pay tuition computed as provided in RSA 193:4 to the district in which such child attends. The state board of education may also permit such child to withdraw from school attendance for such time as it may deem necessary or proper or may make such other orders with respect to the attendance of such child at school as in its judgment the circumstances require. Children with disabilities as defined in RSA 186-C:2 shall be accorded a due process review pursuant to rules adopted under RSA 186-C:16.
    II. The state board of education shall adopt rules pursuant to RSA 541-A, relative to manifest educational hardship and related issues which affect a child's attendance at school. Each school district shall establish a policy, consistent with the state board's rules, which shall allow a school board, with the recommendation of the superintendent, to take appropriate action including, but not limited to, assignment to a public school in another district when manifest educational hardship is shown.
    III. (a) Each school board shall establish a change of school assignment policy, based on the best interest of the pupil, authorizing the superintendent to re-assign a pupil from the public school to which he or she is currently assigned to another public school, or to approve a request from another superintendent to accept a transfer of a pupil from a school district that is not part of the school administrative unit, provided that the following conditions are met:
          (1) The pupil's parent or legal guardian petitions the superintendent for a change of school assignment or consents to the superintendent's recommendation for such a change; and
          (2) The superintendent determines that such a change would be in the pupil's best interest; and
          (3) The total reassignments or transfers in any one school year shall not exceed one percent of the average daily membership in residence of a school district, or 5 percent of the average daily membership in residence of any single school, whichever is greater.
       (b) In accordance with the number of pupils authorized in this paragraph, a superintendent may approve reassignment of a pupil:
          (1) To another school within the same school district; or
          (2) To another school district within the same school administrative unit; or
          (3) To a school district in another school administrative unit, subject to the pupil meeting the admission requirements of such school, and subject to the agreement of the superintendent of the receiving school administrative unit.
       (c) Where such reassignment exceeds the percentage limitations established in this paragraph, the approval of the school board shall be required.
       (d) A pupil reassigned under this paragraph shall be counted in the average daily membership in residence of the pupil's resident school district. The pupil's resident district shall forward any tuition payment due to the district to which the pupil was reassigned.
       (e) The superintendents involved in the reassignment of a pupil shall jointly establish a tuition rate for each such pupil. Notwithstanding any law to the contrary, some or all of the tuition may be waived by the superintendent of the receiving district for the good cause shown or pursuant to school board policy of the receiving district. The cost of transportation shall be the responsibility of the parent or legal guardian.
       (f) The superintendent of the pupil's resident school administrative unit shall notify the department of education within 30 days of any reassignment of pupils under this paragraph.
       (g) Nothing in this paragraph shall alter or impair the right of a child with a disability, as defined in RSA 186-C:2, to be accorded a due process review pursuant to rules adopted under RSA 186-C:16.
       (h) Notwithstanding RSA 21-N:11, III, for the purposes of this paragraph, the decision of the superintendent shall be final.

Source. 1871, 2:1. GL 91:14. PS 93:14. 1901, 61:14. 1903, 13:1. 1911, 139:9. 1913, 22:1. 1919, 84:1. 1921, 85, III:3. PL 118:3. RL 137:3. 1949, 139:3. RSA 193:3. 1969, 356:2. 1973, 240:1. 1985, 48:1. 1990, 140:2, X. 1995, 98:1. 1997, 183:2. 2001, 292:1, 2. 2002, 138:6, eff. May 9, 2002. 2008, 274:30, 31, eff. July 1, 2008.