5jan00....2194h

1999 SESSION

99-0466

04/01

HOUSE BILL 514-LOCAL

AN ACT relative to change of school assignment and transfers of public school pupils.

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Authorizes superintendents of school districts to approve requests for changes in school assignment where such changes are in the best interest of the pupil.

II. Authorizes superintendents to negotiate the apportionment of tuition costs associated with a change in school assignment to another school district.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5jan00....2194h

99-0466

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

AN ACT relative to change of school assignment and transfers of public school pupils.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 193:3-a Change of School Assignment; Best Interest of Pupil.

I. Each school board shall establish a change of school assignment policy based on the best interest of the pupil, to authorize 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, without further approval from the school board, provided that the total changes in any one year do not exceed one percent of the average daily membership in residence of the school district, or 5 percent of any single school, whichever is greater, and provided that:

(a) The pupil's parent or legal guardian requests the superintendent for a change of school assignment or consents to the superintendent's recommendation for such a change, and

(b) The superintendent determines that such a change would be in the pupil's best interest.

II.(a) In accordance with the policy established by the school board and with the number of pupils authorized in paragraph I of this section, the superintendent may approve reassignment of a pupil:

(1) To a public school within a school district, or

(2) To a school district within the 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 other superintendent.

(b) Where such reassignment exceeds the percentage limitations established in paragraph I of this section, the approval of the school board shall be required to reassign a pupil.

III. In the event that a pupil is assigned to a school district under the provisions of paragraph II (a)(2) and (3) of this section, the superintendents shall establish a tuition rate for each pupil. Not withstanding 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 based on the school board policy. The amount of the state average per pupil cost of an adequate education shall be considered as part of the tuition payment. Transportation shall be the responsibility of the parent or legal guardian.

IV. Superintendents shall notify the department of education of any reassignment of pupils under this section.

V. Superintendents shall provide annual notice of this change of school assignment policy based on the best interest of a pupil to parents or legal guardians of all pupils in their administrative unit.

VI. A parent or legal guardian who is aggrieved by a decision of a superintendent or a school board under this section may, within 30 days of such decision, appeal in writing to the state board of education which shall review the case and constitute the final administrative appeal.

VII. Educationally disabled children as defined in RSA 186-C:2 shall be accorded a due process review pursuant to rules adopted under RSA 186-C:16.

2 Effective Date. This act shall take effect July 1, 2000.