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In circumstances where the best interests of a pupil warrant a change of school or assignment, the Superintendent is authorized to reassign a pupil from the public school to which he/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 SAU, under the following conditions and procedures.

Conditions and Procedures for Reassignment

1. Either the parent/legal guardian or the Superintendent of a different SAU may make a written request to the Superintendent for a change of school assignment.  In the request, the parent/guardian should state why the best interests of the pupil warrant a reassignment.

2. The Superintendent will fully consider this written request, will meet with the parent/ guardian, if necessary, and will make a determination concerning the reassignment request.

3. The Superintendent's decision will be based on the best interests of the pupil, as determined by the Superintendent. The Superintendent may develop administrative regulations concerning the factors that will be considered in making such a determination.

4. If the Superintendent determines that the best interests of the pupil warrant a reassignment, he/she will present the matter to the Board of School Committee.  The board must vote to approve the re-assignment before the reassignment can occur.  Upon Board of School Committee approval, the Superintendent may reassign the pupil to: (a) another school within the same school district; (b) another school district within the same SAU; or (c) a school district in another SAU, subject to the pupil meeting the admission requirements of such school, and subject to the agreement of the Superintendent of the receiving SAU and approval of the school boards of both the sending and receiving school districts.

5. The Superintendent will issue a written decision to the parent/guardian. 

6. The total reassignments or transfer made under this policy in any one school year will not exceed one (1) percent of the average daily membership in residence of a school district, or five (5) percent of the average daily membership in residence of any single school, whichever is greater, unless the Board of School Committee votes to exceed this limit.

7. Reassignments made under this policy that exceed the percentages provided in Paragraph #6 must have the prior written approval of the Board of School Committee.

Count of Reassigned Pupils, Tuition Payment and Rate, and Transportation

Pupils reassigned under this policy will be counted in the average daily membership in residence of a given pupil's resident school district.  Said pupil's resident district will forward any tuition payment due to the Manchester School District to which the pupil was assigned.

The Superintendents involved in the reassignment of a pupil will jointly establish a tuition rate for each such pupil.  Some or all of the tuition may be waived by the Superintendent of the receiving district for good cause shown or pursuant to any applicable policies of the receiving district, presuming said action is not contrary to law.

The cost of transportation for any pupil reassigned under this policy will be the sole responsibility of the parent/guardian.

Role of the Department of Education

The Superintendent of the pupil's resident SAU will notify the Department of Education within thirty (30) days of any reassignment made under this policy.

Manifest Educational Hardship Change of Assignment

When a parent/guardian believes that an initial assignment has been made which will result in a manifest educational hardship to the pupil, the parent/guardian may seek a change of assignment in accordance with applicable provisions of RSA 193:3 and Board Policy Students 104- Manifest Educational Hardship.

Special Education Placements

A placement made relative to a student's special education needs and services shall not be deemed a change of school assignment for purposes of this section.

NHSBA Note, September 2016:  Minor amendment made as a result of SB 316, which amends RSA 193:3 to clarify that the placement or change of school assignment made pursuant to a student's special education needs and services does not constitute a change of placement for purposes of RSA 193:3. 

NHSBA Note, September 2015:  Changes are made to paragraphs #4, #5 and #6 under "Conditions and Procedures for Reassignment" section.  Changes are necessitated due to legislative changes to RSA 193:3.

Legal References:

RSA 193:3, III, Change of School Assignment

RSA 193:3, I, II, Manifest Educational Hardship

RSA 193:14-a, Change of School Assignment; Duties of State Board of Education

Revised:  September 2016

Revised:  September 2008, September 2015

NHSBA Code JCA

First Reading Coordination: 08/14/2018

Second Reading and. Approval BOSC: 08/27/2018