Policies » Section J: Students » JCA: Change Of School Or Assignment

Policy Date: 11/02/2023

CSD File: JCA
See also JFAB
CANDIA SCHOOL DISTRICT
CHANGE OF SCHOOL OR ASSIGNMENT

Resident students of the Candia School District shall be assigned to a public school within the
District by the Superintendent or designee. The Board recognizes that in unusual and
extraordinary circumstances, parents or guardians may wish to request a change of assignment to
another public school, public academy, or approved private school within the District. When the
parents or guardians believe that the student’s assignment is not in the student’s best interests or
will result in a manifest educational hardship to the student, the District will consider requests for
reassignment in accordance with this Policy and the most restrictive provisions of law.

A. Best Interest Reassignment – Determination by Superintendent.

Consistent with RSA 193:3, I, and subject to the provisions below, the Superintendent is
authorized to reassign a student residing in the District to another public school, public
academy, or approved private school.

The authorization granted Superintendent to make reassignments under this Policy applies
only after application is made by the parent or guardian of the student or with the parents’ or
guardian’s consent, and upon a finding by the Superintendent that reassignment is in the
student’s best interests due to the student’s academic, physical, personal, or social needs.

This Policy, however, does not limit the Superintendent’s authority to make other in-District
assignments consistent with applicable Board policies and administrative rules.

1. Procedure:

a. In order to initiate consideration of a reassignment based upon the child’s best
interests, the parent/guardian shall submit to the Superintendent a written request
stating why and/or how the student’s best interests warrant reassignment. In order
to facilitate a determination, the application may also include any additional
information described in Section 1(d) below. The written request should be mailed or
delivered to the SAU office, or emailed to the Superintendent at the email address
provided on the District’s website.

b. Upon receipt of the request, the Superintendent shall schedule a meeting (the
“reassignment meeting”) with the parent or guardian, to be held within ten (10) days
of receiving the request.

c. Prior to or at the reassignment meeting, the parent or guardian shall make a specific
request that the student be re-assigned to another public school, public academy, or
approved private school.

d. At the reassignment meeting, the parent or guardian may present documents,
witnesses, or other relevant evidence supporting the parent’s belief that reassignment
is in the best interest of the student.

e. The Superintendent may present such information as he or she deems appropriate.

f. In determining whether reassignment is in the student’s best interest the
Superintendent shall consider the student’s academic, physical, personal, or social
needs.

2. Finding Reassignment is or is not in the Student’s Best Interest.

a. Within five (5) school days of the reassignment meeting, the Superintendent shall
deliver to the parent/guardian a written determination as to whether or not
reassignment is in the child’s best interest. Delivery of the written determination
should be done in a manner to produce evidence of the delivery (e.g., hand delivery,
email, fax, certified or registered mail).

b. 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 shall initiate:

i. A change of assignment within the student’s current assigned school;

ii. The student’s transfer to another public school, public academy, or
approved private school within the District; or

iii. The student’s transfer to a public school, public academy, or approved
private school in another district.

c. If the Superintendent does not find that it is in the best interest of the student to
change the student’s school or assignment, the parent or guardian may request a
manifest educational hardship hearing before the School Board as provided in Section
B of this Policy.

3. Reassignment Based on Best Interest.

a. If a student is reassigned as a result of a best interest determination, the
Superintendent shall work with the Superintendent of the receiving
district/school to determine whether the district/school to which the student is
to be assigned will accept the student and to establish a tuition rate for such
student.

b. The Superintendent’s reassignment of a student based on a finding that it is
in the student’s best interest is not binding on the receiving district or school.
Students who are reassigned must be accepted for attendance at the
school/district to which they are reassigned and their continued attendance
will be determined by the receiving school/district.

c. Any reassignment to a public school or public academy in another district as a
result of a best interest determination will be conditioned on the
Superintendent and the Superintendent/Administrator of the receiving
district/school reaching an agreement on the tuition to be charged to the
student’s resident district. For a reassignment to an approved private school,
the private school may charge tuition to the parent or enter an agreement for
payment of tuition with the District.

d. Pursuant to RSA 193:3, I (g), if the Superintendent has made a finding that it
is in the best interest of the student to be reassigned, tuition has been
established, and the student is accepted, then the School Board shall approve
the tuition payment.

e. Transportation for a student reassigned under this Section A (best interest)
shall be the responsibility of the parent or legal guardian.
f. Unless otherwise stated by the Superintendent, all reassignments based on
best interest shall be limited to one (1) school year.

4. Other In-District Assignments. Nothing in this Policy is intended to limit authority
otherwise extended to the Superintendent to make assignments or reassignments to
District Schools or schools with which the District contracts according to the policies,
regulations, and ordinary practices of the District.

B. Manifest Educational Hardship – Determination by School Board and Appeal to
State Board.

If, after following the procedure outlined in Section A of this Policy, the Superintendent found
that it was not in the best interest of the student to be reassigned as requested by the
student’s parent or guardian, then the parent or guardian may request a manifest educational
hardship hearing before the School Board within thirty (30) days of receipt of the
Superintendent’s written decision denying the best interest reassignment.

1. “Manifest Educational Hardship” Defined. As provided in RSA 193:3, II (a), “manifest
educational hardship” means that a student has a documented hardship in the student’s
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. Such hardship must be so severe, pervasive, or persistent that it
interferes with or limits the ability of the student to receive an education.

2. Procedure for Determination of Manifest Educational Hardship.

a. The Superintendent shall duly notify the School Board that the parent or guardian has
requested a manifest educational hardship hearing, and the School Board shall
schedule a hearing to be held no more than fifteen (15) days after the request has
been received by the Superintendent. The Board shall provide at least two (2) full
days notice of the hearing. The Board will conduct the hearing in non-public session,
unless the parent or guardian requests the hearing be held in public session, under
RSA 91-A:3, II(c).

b. Prior to or at such hearing, the parent or guardian shall provide to the Superintendent
a specific request in writing to be reassigned to a particular school and the reasons for
the request. The Superintendent shall provide such request to the School Board at the
hearing. Although not required, the parent or guardian may include the written
request and reasons as part of the original hearing request.

c. At such hearing, the parent or guardian may present documents, witnesses, or other
relevant evidence supporting the parent’s or guardian’s belief that the student is
experiencing a manifest educational hardship. The Superintendent may present such
information as he or she may deem appropriate to assist the School Board in reaching
its decision. The parties (or their appointed designee) shall have the right to examine
all evidence and witnesses. The formal rules of evidence shall not apply. The Board
shall record the hearing.

d. The parent or guardian shall have the burden of establishing a manifest
educational hardship by clear and convincing evidence, which means that the
evidence is highly and substantially more likely to be true than untrue, and the Board
must be convinced that the existence of a manifest educational hardship is highly
probable.

e. The Board will render its decision in writing within seven (7) days after the hearing,
and will forward its written decision to the parents or guardians via means producing
proof of delivery (e.g., hand deliver, email, fax, or certified or registered mail). The
decision will conform to the requirements of NH Dept. of Education Rule Ed. 320.

3. Finding of Manifest Educational Hardship.

a. If the School Board finds that the student has a manifest educational
hardship, the School Board shall grant the parent’s or guardian’s request to
re-assign the student to another public school or public academy in the
District.

b. The School Board’s reassignment of a student based on a finding of manifest
educational hardship is not binding on the receiving district or school.
Students who are reassigned must be accepted for attendance at the
school/district to which they are reassigned and their continued attendance
will be determined by the receiving school/district.

c. If the student is assigned to a public school or public academy in another
district because of a manifest educational hardship, tuition shall be
determined according to RSA 193:4.

d. If a student is assigned to an approved private school because of manifest
educational hardship determination and the school agrees to enroll the
student, it may charge tuition to the parent or guardian or may enter into an
agreement for payment of tuition with the District.

e. Unless otherwise stated by the School Board, all manifest educational
hardship reassignments shall be limited to one (1) school year.

4. Finding that Manifest Educational Hardship was not Established – Appeal to the New
Hampshire State Board of Education.If the School Board finds that the parent or
guardian has not met their burden of proof, the parent or guardian may appeal the School
Board’s decision to the New Hampshire State Board of Education (“SBOE”), within thirty
(30) days of receipt of the Board’s written decision in accordance with NH Dept. of Ed.
Rule Ed. 204.01 (g).

C. Admission Requirements. Students reassigned under this Policy shall meet the admission
requirements of the school to which the student is to be reassigned.

D. Statutory Reassignment Limit. The total reassignments or transfers made under this
Policy in any one school year will not exceed one (1) percent of the average daily membership
in residence of the District, or five (5) percent of the average daily membership in residence of
any single school, whichever is greater, unless the School Board votes to exceed this limit.

E. Count of Reassigned Pupils. Students reassigned under this Policy will be counted in the
average daily membership in residence of the student’s resident school district.

F. Notice to the Department of Education. The Superintendent will notify the Department
of Education within thirty (30) days of any reassignment made under this Policy.

G. Special Education Placements. Students with disabilities as defined in RSA 186-C:2 shall
be accorded a due process review and shall be assigned pursuant to rules adopted under RSA
186-C:16.

Legal References:
RSA 193:3, III, Change of School Assignment, RSA 193:14-a, Change of School
Assignment; Duties of State Board of Education, N.H. Dept. of Education Administrative
Rule Ed. 320

Adopted: August 2, 2007
Revised: October 6, 2011
Revised: November 05, 2015
Reviewed: February 2, 2017
Reviewed: January 31, 2019
Revised: November 2, 2023