Signed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to pass a bill that authorizes school transfers due to educational hardships.

Highlights:

• Defines "manifest educational hardship" as a student that has a documented hardship in his or her current educational placement; and that such hardship has a detrimental or negative impact on the student's academic achievement or growth, physical safety, or social and emotional well-being. The hardship must be so severe, pervasive, or persistent that it interferes with or limits the ability of the student to receive an education (Sec. II.a).

• Authorizes the parent or guardian of a student to apply to the superintendent of the student's district of residence if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment (Sec. I.a).

• Specifies if the superintendent finds it is in the best of the interest of the student to change the student's school or assignment, the superintendent will initiate (Sec. I.f):

• A change of assignment within the student's current assigned school;

• The student's transfer to another public school or public academy within the district of residence; or

• The student's transfer to a public school, public academy, or an approved private school in another district.

• Requires the superintendent to duly notify the school board that the parent or guardian has requested a manifest educational hardship hearing, upon which the school board will schedule a hearing to be held no more than 15 days after the request has been received (Sec. II.b).

• Authorizes the state board of education to permit a child to withdraw from the school the student currently attends for such time as the state board deems necessary. Children with disabilities will be accorded a due process review (Sec. III).

• Specifies if a parent or guardian believes the denial was based upon the child’s disability, the parent may appeal the decision to the state board of education or file a complaint with the state commission for human rights. The decision of a parent to enroll a child in a chartered public school will not be subject to the provisions of this law (Sec. IV.d).

• Requires a private school that receives tuition program students to (Sec. VII):

• Comply with statutes and regulations relating to agency approvals such as health, fire safety, and sanitation;

• Be a [nonsectarian] school approved and contracted by a local public school board to provide students with the opportunity for an adequate education;

• Be incorporated under the laws of New Hampshire or the United States; and

• Administer an annual assessment in reading and language arts, mathematics, and science to tuition program students.

• Specifies if the student is assigned to an approved private school under the manifest educational hardship determination and the private school agrees to enroll the child, it may charge tuition to the parent or may enter into an agreement for payment of tuition with the school district in which the child resides (Sec. VIII).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes school transfers due to educational hardships.

Highlights:

• Defines "manifest educational hardship" as a student that has a documented hardship in his or her current educational placement; and that such hardship has a detrimental or negative impact on the student's academic achievement or growth, physical safety, or social and emotional well-being. The hardship must be so severe, pervasive, or persistent that it interferes with or limits the ability of the student to receive an education (Sec. II.a).

• Authorizes the parent or guardian of a student to apply to the superintendent of the student's district of residence if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment (Sec. I.a).

• Specifies if the superintendent finds it is in the best of the interest of the student to change the student's school or assignment, the superintendent will initiate (Sec. I.f):

• A change of assignment within the student's current assigned school;

• The student's transfer to another public school or public academy within the district of residence; or

• The student's transfer to a public school, public academy, or an approved private school in another district.

• Requires the superintendent to duly notify the school board that the parent or guardian has requested a manifest educational hardship hearing, upon which the school board will schedule a hearing to be held no more than 15 days after the request has been received (Sec. II.b).

• Authorizes the state board of education to permit a child to withdraw from the school the student currently attends for such time as the state board deems necessary. Children with disabilities will be accorded a due process review (Sec. III).

• Specifies if a parent or guardian believes the denial was based upon the child’s disability, the parent may appeal the decision to the state board of education or file a complaint with the state commission for human rights. The decision of a parent to enroll a child in a chartered public school will not be subject to the provisions of this law (Sec. IV.d).

• Requires a private school that receives tuition program students to (Sec. VII):

• Comply with statutes and regulations relating to agency approvals such as health, fire safety, and sanitation;

• Be a [nonsectarian] school approved and contracted by a local public school board to provide students with the opportunity for an adequate education;

• Be incorporated under the laws of New Hampshire or the United States; and

• Administer an annual assessment in reading and language arts, mathematics, and science to tuition program students.

• Specifies if the student is assigned to an approved private school under the manifest educational hardship determination and the private school agrees to enroll the child, it may charge tuition to the parent or may enter into an agreement for payment of tuition with the school district in which the child resides (Sec. VIII).

Full Bill Text