SECTION J: STUDENTS
Section J contains policies on students -- admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.
Categories
O = Optional These policies should be reviewed to determine whether they meet a particular local need. Most are informational in nature.
P = Priority The subject matter of these policies is required by state and/or federal law.
R = Recommended While these policies are not required by law, they are highly recommended for effective and efficient school board operation.
Windham School District Policy JBAA
Also GBAA
SEXUAL DISCRIMINATION
I. GENERAL STATEMENT OF POLICY
Sexual harassment is a form of sex discrimination that violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., and Title IX. Sexual violence is a physical act of aggression that includes a sexual act or sexual purpose.
It is the policy of the District to maintain a learning and working environment that is free from sexual harassment and sexual violence. The District prohibits and form of sexual harassment and sexual violence.
It shall be a violation of this policy for any student or employee to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.
It shall be a violation of this policy for any student or employee to be sexually violent to a student or employee.
The District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment or sexual violence and to discipline any student or employee who sexually harasses or is sexually violent to a student or employee of the District.
II. SEXUAL HARASSMENT/SEXUAL VIOLENCE DEFINED
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or education environment.
Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy.
B. Sexual harassment may include but is not limited to:
1. verbal harassment and/or abuse of a sexual nature;
2. subtle pressure for sexual activity;
3. inappropriate patting or pinching;
4. intentional brushing against a student's or an employee's body;
5. demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;
6. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status;
7. any sexually motivated unwelcome touching; or
8. sexual violence, which is a physical act of aggression, that includes a sexual act or sexual purpose.
III. REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment or sexual violence by a student or an employee of the School District, or any third person with knowledge or belief of conduct which may constitute sexual harassment or sexual violence should report the alleged acts immediately to an appropriate School District official as designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the Principal of each building or available from the Superintendent's office.
A. In Each School Building. The building Principal is the person responsible for receiving oral or written reports of sexual harassment or sexual violence at the building level. Upon receipt of a report, the Principal must notify the Superintendent of Schools immediately without screening or investigating the report. A written report will be forwarded simultaneously to the Superintendent. If the report was given verbally, the Principal shall reduce it to written form within 24 hours and forward it to the Superintendent. Failure to forward any sexual harassment or sexual violence report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal, the complaint shall be filed directly with the Superintendent of Schools.
B. District-Wide. The School Board hereby designates the Superintendent of Schools as the School District Human Rights Officer to receive reports or complaints of sexual harassment and sexual violence from any individual, employee or victim of sexual harassment or sexual violence and also from the building Principals as outlined above. If the complaint involves the Superintendent, the complaint shall be filed directly with the School Board.
The School District shall conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment or sexual violence will not affect the individual's future employment, grades or work assignments.
D. Use of formal reporting forms is not mandatory.
The School District will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School District's legal obligations and the necessity to investigate allegations of sexual harassment and sexual violence and take disciplinary action when the conduct has occurred.
IV. INVESTIGATION AND RECOMMENDATION
By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment or sexual violence shall immediately authorize an investigation. This investigation may be conducted by School District officials or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent of Schools. If the Superintendent is the subject of the complaint, the report shall be submitted to the School Board.
In determining whether alleged conduct constitutes sexual harassment or sexual violence, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment or sexual violence.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a recommendation that the complaint is valid, the School District will take such action as appropriate based on the results of the investigation.
B. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District. The report will document any disciplinary action taken as a result of the complaint.
* Please refer to Student Rights and Responsibilities
VI. REPRISAL
The School District will discipline any individual who retaliates against any person who reports alleged sexual harassment or sexual violence or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment or sexual violence complaint. Retaliati includes, but is not limited to, any form of intimidation, reprisal or harassment.
VII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse that may include filing charges with the Commissioner of Education, initiating civil action or seeking redress under state criminal statutes and/or federal law.
VIII. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS SEXUAL ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse under New Hampshire law. In such situations, the School District shall comply with said law.
Nothing in this policy will prohibit the School District from taking immediate action to protect victims of alleged sexual abuse.
IX. DISCIPLINE
The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and prevent its recurrence.
X. BY-PASS OF POLICY
Any individual with a sexual harassment complaint may choose to bypass this Policy and accompanying regulation and proceed directly to: N.A. Commission on
Human Rights or Office of Civil Rights
Administrative Rules
ED 303.01 (j)
Appendix: GBAA-R
JBAA-RBBA-R
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JBAA-R
Sexual Harassment and Sexual Violence
Report Form
General Statement of Policy Prohibiting Sexual Harassment
The School District maintains a firm policy prohibiting all forms of discrimination based on sex. Sexual harassment and sexual violence against students or employees is sex discrimination. All persons are to be treated with respect and dignity. Sexual violence, sexual advances or other forms of personal harassment by any person, male or female, which create an intimidating, hostile or offensive environment will not be tolerated under any circumstances.
Complainant:
Home Address:
Work Address
Home Phone:
Work Phone:
Date of Alleged Incident(s)
Name of person you believe sexually harassed or was sexually violent toward you.
List any witnesses that were present.
Where did the incident(s) occur?
Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used; any verbal statements (i.e., threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary.)
This complaint is filed based on my honest belief that has sexually harassed or was sexually violent to me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.
(Complainant Signature)
(Date)
Received by:
(Date)
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JCA
In circumstances where the best interests of a pupil warrant a change of school or assignment, the Superintendent is authorized to re-assign 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 procedure.
CONDITIONS AND PROCEDURES FOR RE-ASSIGNMENT
1. The parent(s) or legal guardian(s) (or superintendent of another SAU) shall make a written request to the Superintendent for a change of school assignment.
In the request, the parent(s)/legal guardian(s) shall state why the best interests of the pupil warrant a reassignment.
2. The Superintendent shall fully consider this written request, shall meet with the parent(s) or legal guardian(s), if necessary, and shall make a decision concerning the re-assignment request.
3. The Superintendent's decision shall 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 may approve reassignment of 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 admisson requirements of such school, and subject to the agreement of the superintendent of the receiving SAU.
5. The Superintendent's re-assignment decision shall be in writing, and shall be final and binding.
6. The total reassignments or transfer made under this policy in any one school year shall 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.
7. Reassignments made under this policy which exceed the percentages provided in #6 above, must be have the prior written approval of the School Board.
COUNT OF RE-ASSIGNED PUPILS. TUITION PAYMENT AND RATE, AND TRANSPORTATION
Pupils reassigned under this policy shall be counted in the average daily membership in residence of a given pupil's resident school district. Said pupil's resident district shall forward any tuition payment due to the District to which said pupil was assigned.
The superintendents involved in the reassignment of a pupil shall 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 policy (ies) of the receiving district, presuming said action is not contrary to law.
The cost of transportation for any pupil re-assigned under this policy shall be the sole responsibility of the parent/legal guardian.
ROLE OF DEPARTMENT OF EDUCATION
The Superintendent of the pupil's resident SAU shall 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(s)/legal guardian(s) believe that an initial assignment has been made which will result in a manifest educational hardship to the pupil, said parent(s)/legal guardian(s) may seek a change of assignment in accordance with RSA 193:3 I. and II., and Policy JEC, Manifest Educational Hardship.
Statutory/Regulatory /Policy Cross References
RSA 193:3, III. (Change of School Assignment)
RSA 193:3, I. and II. (Manifest Educational Hardship)
RSA 193:14-a (Change of School Assignment; Duties of State Board of Education)
NHSBA Sample Policy JEC (Manifest Educational Hardship)
NHSBA Sample Policy JFAB (Admission of Non-Resident Students)
Windham School District Policy JEA
COMPULSORY ATTENDANCE AGE
Compulsory attendance shall be required of all children in accordance with RSA 193:1.
Statutory Reference:
RSA 193:1
Revised: July, 1998
Windham School District Policy JEB
ENTRANCE AGE REQUIREMENTS
A student may enter grade one if his/her chronological age will be six before September 30 of the year of entering school.
A student may enter kindergarten if his/her chronological age will be five before September 30 of the year of entering school.
A birth certificate must be presented upon registration as proof of the date of birth.
In-coming transfer students in grades 2-8, inclusive, will be initially placed in accordance with the data forwarded by the sending District. Such placement is tentative and subject to reassignment by the Superintendent of Schools or his/her designee.
In-coming transfer students in grade 1 will only be initially admitted to grade 1if their chronological age will be six before December 31 of the year of entering school or if previously enrolled in grade 1 in another community and attending local schools only on a temporary basis (10 months or less). Such placement is tentative and subject to reassignment by the Superintendent.
Statutory Reference:
RSA 193:1
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JEC
MANIFEST EDUCATIONAL HARDSHIP
Resident students of the 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, parent(s) or guardian(s) may wish to request a change of assignment to another public school within the District, or a public school in another district. When the parent(s) or guardian(s) believe that the assignment that has been made will result in a manifest educational hardship to the student, the Board will consider these requests, according to the procedure outlined below.
PROCEDURE FOR CONSIDERATION OF A MANIFEST EDUCATIONAL HARDSHIP REQUEST
The following procedures will be utilized where a parent(s) or guardian(s) seeks a change of assignment within the District, or a waiver of assignment from attending any school in the District based on an assertion that the current assignment constitutes a manifest educational hardship:
1. The parent(s) or guardian(s) shall make a written request, through the Superintendent's office, detailing the specific reasons why they believe that the current assignment constitutes a manifest educational hardship. Any such written request shall be made by the parent(s) or guardian(s) within fifteen (15) days of the assignment made by the Superintendent or designee.
2. The Board will schedule a time at a regular board meeting held within thirty (30) days of receipt of the written request of the parent(s) or guardian(s) to hear the parent(s) or guardian(s) request. At such time, the parent(s) or guardian(s)may address the Board. The Board will hear the parent(s) or guardian(s) request in non-public session, subject to the right of the parent(s) or guardian(s) to have the matter heard in public session under RSA 91-A:3 II. (c).
3. The parent(s) or guardian(s) of the student may use whatever information they deem is appropriate to support their request. At a minimum, however, the parent(s) or guardians(s) must submit information demonstrating to the School Board that the current assignment is detrimental or has a negative effect on the student
4. In determining whether the current assignment of the student constitutes a manifest educational hardship, and what the corresponding appropriate action should be (which may include, but not be limited to, assignment to a public school in another district) the Board shall consider all information given it by the parent(s) or guardian(s), the recommendations of the Superintendent, and any other information which the Board deems relevant and useful.
5. The Board reserves the legal right to make a determination on whether a given request constitutes a manifest educational hardship, and what the corresponding action should be, on a case by case basis.
6. The Board will render its decision in writing within fifteen (15) days after the Board meeting in which the parent(s) or guardian(s) addressed the Board, and will forward its written decision to the parents or guardians via US mail.
7. If a parent or guardian is aggrieved by the decision of the Board, he/she may appeal to the State Board of Education in accordance with the provisions of Ed 200.
Statutory/Regulatory References
RSA 193:3, which requires each school district to establish a policy on change of assignment due to manifest educational hardship
RSA 193:14-a
RSA 91-A:3 II. (c)
Ed 320, which are the State Board of Education Rules concerning manifest educational hardship
Ed 200 et seq.
Lisbon Regional School District v. Landaff School District, 114 NH 674 (1974)
Revised: July, 1998
Windham School District Policy JF
STUDENT ADMISSION TO/WITHDRAWLS FROM SCHOOL/ENROLLMENT
It is the policy of the Board that all students enrolling in school must do so on a full-time basis. "Full-time basis" shall be defined as attending classes for the full instructional day within the public school system or in conjunction with another state-accredited institution such as a vocational-technical school or a college or university for concurrent enrollment. The only exception to this policy shall be for fifth-year seniors and special education students whose IEPs require variations of student schedules. In the event the State Department of Education advises that part-time students can be counted for state aid purposes, the Board will reconsider this policy.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JFA
RESIDENCY
Residency for the purpose of enrollment in a District school shall be defined by RSA 193:12.
Statutory Reference:
RSA 193:12
Technical Advisory JFA - R
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JFA-R
Technical Assistance Advisory
RESIDENCY
Purpose.
The purpose of this Technical Assistance Advisory is to clarify existing law with respect to a pupil’s district of residency and school district liability for educational costs when a child is placed in a home for children; the home of a relative or friend by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA169-C, RSA 169-D, or RSA 463; health care facility; or state institution.
Definitions. The following definitions shall apply:
(a) “Legal residence” means, in the case of a minor, where the parents reside, except:
(1) If parents live apart and are not divorced, legal residence is the residence of the parent with whom the child resides.
(2) If parents are awarded joint legal custody the legal residence of a minor child is the residence of the parent with whom the child resides.
(3) If a parent is awarded sole or primary physical custody, legal residence of a minor child is the residence of the parent who has sole or primary physical custody.
(4) If the parent with sole or primary physical custody lives outside the state of New Hampshire, a minor child does not have residence in New Hampshire.
(5) If the parents are awarded joint or shared physical custody legal residence of a minor child is the residence of whichever parent has primary physical custody. If primary physical custody is not awarded by a court of competent jurisdiction, the legal residence of a minor child is the residence of the parent with whom the child resides more than 50% of the school week, or 3 days out of the 5-day school week.
(b) “Legal guardian” means a person appointed by a probate court in New Hampshire or a court of competent jurisdiction in another state, territory, or country. A legal guardian shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents
(c) “Legal resident” as defined in RSA 193:12, III means:
(1) Legal resident of a school district is “a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent.
(2) A married person may have a domicile independent of the domicile of his or her spouse.
(3) If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time.
(4) A person may have only one legal residence at a given time.”
(d) “Home for children or health care facility” means any
(1) Orphanage;
(2) Institution for the care, treatment, or custody of children;
(3) Child care agency as defined by RSA 170-E: 25, II and III;
(4) A residential school approved under RSA 186:11, XXIX; or
(5) A program approved pursuant to Ed 1133.
(e) “Child of homeless parents” means a child whose parents:
(1) Lack a fixed, regular and adequate residence; or
(2) Have a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations such as:
a. Public assistance hotels,
b. Emergency shelters,
c. Battered women’s shelters, and transitional housing facilities, or
d. A public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.
(f) “Home of a relative or friend” means an unlicensed home of a relative or friend where a child has been placed by the Department of Health and Services or a court of competent jurisdiction. “Friend” means any non-relative.
(g) “Legal custody” means an award of legal custody by a court of competent jurisdiction, in this state or in any other state. A parent shall not have legal custody if legal custody has been awarded to some other individual or agency, even if that parent retains residual parental rights.
(h) “Placement” means the physical placement of a child in a residence. For purposes of assigning financial or programmatic responsibility for a child’s education or special education and related services, it shall not include incidental, transient, or short-term stays of an emergency nature
Legal Residence and Right of Attendance
(a) No person shall attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board.
(b) In accordance with RSA 189:1-a, “It shall be the duty of the school board to provide, at district expense, elementary and secondary education to all pupils who reside in the district until such time as the pupil has acquired a high school diploma or has reached age 21, whichever occurs first; provided, that the board may exclude specific pupils for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school, and further provided that this section shall not apply to pupils who have been exempted from school attendance in accordance with RSA 193:5.”
(c) “Whenever any child is placed and cared for in any home for children, or is placed by the department of health and human services in the home of a relative or friend of such child pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, such child, if of school age, shall be entitled to attend the public schools of the school district in which said home is located unless such placement was solely for the purpose of enabling a child residing outside said district to attend such schools, provided that the school district for a child placed in a group home, as defined in RSA 170-D:25,II(b), within a cooperative school district, shall be the cooperative school district.” (RSA 193: 28)
Education Of A Child Placed And Cared For In Any Home For Children.
(a) Nothing shall limit or abridge the right of any child placed and cared for in any home for children, as defined in RSA 193:27, to attend school in the district in which the home is located.
(b) Any child placed in the home of a relative or friend by the Department of Health and Human Services, or by a court pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, may attend the public schools of the school district in which the home for children or home of the relative or friend is located.
(c) Whenever a parent or guardian voluntarily places a child with a relative at the recommendation or request of the Department of Health and Human Services, that child shall be permitted to attend the public schools of the school district in which that relative resides provided that:
“Upon request of the school district, the Department of Health and Human Services shall confirm that the department recommended or requested that the child be placed with the relative to promote the child’s well being, and not for the purpose of allowing the child to attend school in the district where the relative resides; and
Upon request of the school district, the relative shall take reasonable steps to secure a court award of guardianship over the child; the child being allowed to attend school in that district while the relative seeks guardianship.” (RSA 193:12,V,a)
“Upon request of the school district, the Department of Health and Human Services shall confirm that the department recommended or requested that the child be placed with the relative to promote the child’s well being, and not for the purpose of allowing the child to attend school in the district where the relative resides; and
Upon request of the school district, the relative shall take reasonable steps to secure a court award of guardianship over the child; the child being allowed to attend school in that district while the relative seeks guardianship.” (RSA 193:12,V,a)
a)Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents.
(b) Whenever a petition for guardianship or legal custody is filed in a court of competent jurisdiction on behalf of a relative of a child, other than a parent, the child shall be permitted to attend school in the district in which the relative of the child resides pending a court determination relative to custody or guardianship.
(c) Upon the request of the school district, the relative shall take reasonable steps to secure a court award of guardianship over the child, and the child shall be allowed to attend school in that district while the relative seeks guardianship.
(d) Any change of legal guardianship shall be filed with and approved by the probate court.
(e) If guardianship papers are filed with the probate court, the pupil shall be entitled to attend school in the district in which the guardian resides.
(f) Once guardianship is approved, the pupil shall be a resident of the school district in which the guardian resides.
(a) If a child is:
(1) placed in a home for children, the home of a relative or friend by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, or RSA 463, health care facility, or state institution; and
(2) the child is not in the legal custody of a parent or if the parent resides outside the state, then the school district in which a child most recently resided prior to such placement shall be liable for the cost of special education and related services. However, if the child is retained in the legal custody of a parent residing within the state, the school district in which the parent resides shall be liable for the cost of special education and related services.
(b) If custody is transferred subsequent to the original placement of a child in a home for children, the home of a relative or friend in which a child is placed by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, health care facility, or state institution, then the “sending district” shall be, from the change in legal custody or guardianship forwards, that district in which the child resided at the time of the original placement.
(c) If a pupil 17 years of age or older, who is living independently, is placed in a non-residential facility by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the pupil shall be considered a resident of the school district in which he/she is living.
(d) If a pupil 17 years of age or older is placed in a residential facility by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the school district which was liable for the cost of special education and related services immediately prior to the pupil’s 17th birthday shall remain the school district of liability.
(e) If a child is placed by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, and the parent resides outside the state of New Hampshire, the district of liability shall be determined in accordance with the interstate agreement.
Appeals: Residency
(a) The superintendent shall decide all residency issues within a school district.
(b) If more than one school district is involved in a residency dispute or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision.
(c) In those instances when an agreement between superintendents cannot be reached within 10 days, the Commissioner of Education shall make a determination.
(d) The Superintendents shall jointly submit to the Commissioner a written Request for Determination of Residency identifying the specific issues involved in the residency dispute.
(e) The Commissioner, upon receipt of the written Request for a Determination of Residency, shall utilize the provisions of Ed 200, except that Ed 213 shall apply to a proceeding before the Commissioner.
(f) A decision of the Commissioner of Education may not be appealed to the State Board of Education.
(g) If the residency dispute does not involve more than one school district the dispute shall be resolved by the local school board. Such decision may be appealed to the State Board in accordance with Ed 200.
(h) During the pendency of a determination of residency, a pupil shall remain in attendance in the pupil’s current school.
(a) The State Board of Education shall determine the district of liability in disputes involving a special education child placed in the home of a relative of that child by the Department of Health and Human Services, or placed in the home of a relative or friend by a court pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463.
RESIDENCY: HOMELESS CHILDREN AND YOUTH
(b) Such determination shall be made in accordance with rules adopted by the State Board of Education.
Nonresidents.
(a) No person shall attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board except as otherwise provided by law or a local school board policy.
(b) Each school district shall adopt an admission and attendance of non-resident student’s policy.
The purpose of this advisory is to provide clarification concerning the education of homeless students in New Hampshire. Varying Interpretations of homelessness, school placement, and New Hampshire Residency Law regarding homeless students have led to confusion and in certain instances have prohibited children from enrolling and attending school. This advisory addresses the basic requirements for school districts to meet the needs of homeless students and answers some of the most frequently asked questions.
The Stewart B. McKinney Homeless Assistance Act, Subtitle VII-B: Education of Homeless Children and Youth, protects homeless children and youth from being excluded from school enrollment due to the nature and impermanence of their night-time residence. Under the McKinney Act, school districts must review any rules or regulations, practices, or policies that may act as barriers to the enrollment of homeless children and undertake steps to revise such regulations, practices or policies to assure that homeless children and youth are afforded the same opportunities as non-homeless children and youth.
“New Hampshire Education for Homeless Children and Youth”, means as part of the Stewart B. McKinney Homeless Assistance Act, that a homeless child has the right to:
• A free, appropriate public education.
• Remain in the school of origin (last school attended or school attended when child lost housing) for the remainder of the academic year, or if the child or youth became homeless between academic years, for the following academic year, or attend the school nearest their shelter or temporary home. To the extent feasible, the Local Education Agency (LEA) shall comply with the request made by the parent or guardian regarding school placement, regardless of whether the child or youth lives with the homeless parent(s) or is temporarily living elsewhere.
• Immediate enrollment, even when school or medical records cannot be produced at the time of enrollment.
• A priority to pre-school programs.
Which school may a homeless child attend?
There are options, whichever is in the best interest of the child or youth, either
•The school of origin, which is the school attended when last permanently housed, or the school in which the child was last enrolled; or
•Any school in which non-homeless students living in the attendance area are eligible to attend. In making a determination of school attendance, the best interest of the child and the request of the parent and/or youth are to be considered.
•Any school in which non-homeless students living in the attendance area are eligible to attend. In making a determination of school attendance, the best interest of the child and the request of the parent and/or youth are to be considered.
Is there any reason to delay enrolling a homeless child or youth?
No. Lack of school records or immunizations cannot prevent a homeless student from enrolling in a new school. It is the responsibility of the new school to request health and academic records from the previous schools in a “timely manner” and to refer parents and/or youth to a physician or to a free or low cost clinic for any required immunizations. Homeless students do not need to wait until academic or health records arrive to attend the new school. Federal law requires immediate enrollmentof homeless children and youth.
Who is considered homeless?
If a family, out of necessity, because of lack of housing, must reside in a shelter, motel, vehicle, campground, on the street, or doubled up with family or friends, they are homeless. Children and youth living under these or similar circumstances with or without other family members, are considered homeless
No. If a family reports they are homeless, the case must be decided individually. Present living conditions (i.e., shelter, campground, motel, hotel or doubled-up families) should be reviewed according to present situation of the family and relative permanence and adequateness of the living environment.
Does residency have to be proven in order for a homeless child to enroll in school?
No. Proof of residency is not required for the enrollment of homeless children. A school may require the parents or guardian of a homeless child to submit an address or other information for contact purposes, as they would for any non-homeless child enrolling in their school.
How does the New Hampshire Residency Law deal with school enrollment of homeless students?
• RSA 193:12 (IV) provides the definition of a homeless child and exceptions to legal residence requirements for homeless pupils. Homeless pupils may attend school in either the district the child/youth is presently residing or, if parents and another district agree, in the best interest of the child, for continuity of education, remain in the school the child/youth was attending when he/she became homeless (known as the school of origin).
• In those cases when there appears to be a conflict in state law and federal law with respect to homeless students, federal law prevails.
What if there is a disagreement on school placement between two superintendents?
The following procedures are in place if superintendents are not able to reach a placement agreement, taking into consideration the best interest of the student(s), and request of the parent(s):
• The Coordinator for the Education of Homeless Children and Youth, Lynda Thistle Elliott (271-3840) may be called upon to help resolve differences.
• In those instances when an agreement between superintendents cannot be reached within 10 days, the Commissioner of Education will make a determination.
• The Superintendents shall jointly submit to the Commissioner a written Request for Determination of Residency identifying the specific issues involved in the residency dispute.
• The Commissioner, upon receipt of the written Request for Determination of Residency, shall utilize the provisions of Ed 200, except that Ed 213 shall apply to a proceeding before the Commissioner.
• A decision of the Commissioner of Education may not be appealed to the State Board of Education.
What if there is a school placement dispute between homeless constituents and Local Education Agencies (LEAs)?
The following steps are provided when there is a placement dispute between parents/youth and LEAs:
• Informal discussion between school district personnel and homeless parents/or or homeless youths to reach a mutually agreeable solution.
• The State Coordinator for the Education of Homeless Children and Youth (271-3840) may be called upon to help resolve continued differences.
• If the residency dispute does not involve more than one school district the dispute shall be resolved by the local school board. Such decision may be appealed to the State Board of Education. The State Coordinator will provide information to the homeless parents and or youths and the school district about the state appeals process in accordance with the New Hampshire Code of Administrative Rules, Chapter Ed 200.
• During the pendency of a determination of residency, a pupil shall remain in attendance in the pupil’s current school.
Where can you call for more information?
If you have questions about enrolling homeless children or youth or providing services please call the Department of Education Homeless Education Program at 271-3840 or e-mail LthistleElliott@ed.state.nh.us.
Windham School District Policy JFAA
ADMISSION OF RESIDENT STUDENTS
The school district of residence of a student is defined by RSA 193:12, II.
New Resident Students
All new resident students, accompanied by parent or guardian, should register at school before opening day and as early as possible.
Children entering school for the first time must have proof of physical examination, immunization records, a copy of the child's birth certificate and proof of residency satisfactory to the Superintendent or his/her designee. Principals or their designees will meet with new children and parents and to explain school programs.
Statutory Reference:
RSA 193:12,II
Revised : June 2001
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JFAB
ADMISSION OF NON-RESIDENT STUDENTS
(And Tuition)
Nonresident students may attend District Schools when their attendance has been approved by the Board. Tuition will be charged at a rate set by the Board and billed quarterly in advance to the sending District or parent responsible for payment. When a sending district is responsible for tuition, approval must be received from the sending district school board.
Statutory Reference:
RSA 193:12
Reviewed: April, 2003
Revised: November, 1999
Revised: July, 1998
Windham School District Policy JFAB-R
Procedures for Non-Residents who are relocating to Windham, New Hampshire
1. Provide a copy of the purchase and sale agreement that includes the anticipated occupancy date to the school office.
2. Provide a letter to the Superintendent of Schools asking for permission to register at a Windham school before they are legal residents.
3. If the anticipated occupancy date is less than 60 school days, the superintendent has the ability to allow the parent to register the student at a Windham Public School. In all cases, parents will be informed that if occupancy is not granted by the Town of Windham within 60 school days, the parents will be assessed tuition on a prorated daily basis for school attendance beyond the 60-day limit.
4. The school office is responsible for tracking and obtaining the occupancy permit within the 60 school day time limit.
5. If extenuating circumstances exist that extend beyond the original anticipated occupancy, the school office will contact the superintendent’s office.
1. Provide a copy of the purchase and sale agreement that includes the anticipated occupancy date to the school office.
2. Provide a letter to the Superintendent of Schools asking for permission to register at a Windham school before they are legal residents.
3. If the anticipated occupancy date is greater than 60 school days, the superintendent will present the case to the Windham School Board for approval.
4. In all instances where occupancy is granted beyond the 60-day grace period, tuition will be charged at a prorated daily rate.
Windham School District Policy JFABB
FOREIGN EXCHANGE STUDENTS
Purpose
In order to promote cultural awards and understanding and to provide diverse experiences to district students, the board shall admit foreign exchange students into the schools of the district.
Authority
The board shall accept foreign exchange students who meet the established guidelines for admission to district schools.
The board may accept exchange students on a J-1 Visa who reside within the district as participants in group-sponsored exchange programs approved by the board. The board may waive tuition for these exchange student(s).
The board shall accept privately sponsored exchange students on a F-1 Visa for attendance in secondary schools upon payment of tuition at the established district rate; tuition payments may not be waived. The period of attendance shall not exceed twelve (12) months.
The board reserves the right to limit the number of foreign exchange students admitted to the school.
Delegation of Responsibility
The superintendent or designee shall be responsible for determining the visa status and eligibility of foreign exchange students applying for admission to district schools.
Foreign exchange students shall comply with all immunization requirements for students. Once admitted, all exchange students shall be subject to all district policies and regulations governing students.
See appendix JFABB-R
Revised: November, 1999
New policy April, 1999
Windham School District Policy JFABB-R
ADMISSION OF FOREIGN EXCHANGE STUDENTS
Academic Requirements
No student will be admitted who has already graduated from the equivalent of twelfth grade or who will reach the age of twenty-one years on or before September 15 of that school year.
The student must have average or above-average grades in school at home and must not require special education services in order to function in the regular
academic program.
The student must have sufficient knowledge of the English language to enable effective oral and written communication and to function in a regular educational setting without special assistance. If a student's English proficiency is found to be insufficient to function in the regular Instructional programwithout special assistance, the exchange program or private sponsor must provide a tutor or make other educational arrangements for the student at their expense. If the program or sponsor fails to do so, the student will be withdrawn and INS will be notified.
The district will not provide foreign students with admission to special education programs. English as a Second Language programs, post secondary options or other special programs.
Students are expected to take five classes per term including one language arts or English class and one American history or government class and expected to maintain passing grades in all classes.
General Requirements
Foreign students will be treated as regular students. They are responsible for complying with all district policies and regulations.
Foreign students are expected to pay for all lunches, books, athletic and student activity fees and other fees, yearbook costs, and all other expenses normally borne by students in the district. Foreign students are not entitled to free or reduced prices for lunches.
The eligibility requirement of the NHIAA will be followed.
The sponsor, host family and local program representative must maintain personal contact with the school, must be available and willing to meet with school personnel when problems or circumstances require and must assume full and final responsibility for resolving problems including the early returns of the student if personal, family or school difficulties cannot be resolved.
If a student's grades, conduct or discipline are deemed unsatisfactory by the school, the student may be withdrawn.
Admissions process
Approvals for admission must be obtained from the district, between April 15th and July 31st,for the following school year or between October 15th and December15th for the second semester, except under unusual circumstances.
All applications will be screened by the superintendent or designee before theyare forwarded for review and approval of the principal of the school where admission is being requested.
The student must attend the school in the attendance area in which the host family or sponsor lives, unless an appropriate transfer is approved by the district.
Should a large number of foreign students be scheduled for a particular school, a transfer to another school may be recommended by the district in order to create a balance in foreign student enrollment.
Upon the student's arrival in the district, the adult sponsor (host family and/or local representative of the exchange program) and student must come to the school to complete the enrollment process. Students must arrive in sufficient time for attendance on the first day of school.
Students requesting admission must submit:
1. Birth certificate or other proof of age.
2. Recent official transcript with English translation reflecting courses taken and grades earned
3. Records showing any required immunizations
4. Evidence of medical insurance that will cover the student while residing in the district.
5. A letter of application written in English by the student that provides pertinent information about the student, including student's name, age, birth date, home address and phone number, level of education, reasons for wanting to attend school in the district and the projected duration of enrollment.
6. The names, addresses and phone numbers of the exchange student's own parents/guardians, the host family and the local exchange program representative.
7. Proof of English proficiency, including evidence that the student has successfully completed a minimum of three years of instruction in English and a letter of recommendation from the English language teacher documenting the level of proficiency or evidence that the student has passed a test of English language proficiency, such as the SLEP, TOEFL or FSI.
8. A notarized temporary custody agreement between the student's parent and the host family and/or exchange program.
Private sponsors must submit:
a. Proof of residence; or
b. Affidavit of support, including the following supporting evidence:
• A statement from an officer of a bank or other financial institution in which deposits are recorded giving details regarding the date the
• A statement from the employer on letterhead stationery showing the date and nature of employment, the salary paid and whether the position is temporary or permanent
• If self-employed, a copy of the last income tax return filed
Only programs designated by the United States Information Agency will be considered for placement of foreign students on J-1 visas.
The program must have a local representative residing in or near the district who will meet with the student, host family, and school personnel on a regular basis.
Orientation, both pre-departure and upon arrival in the United States, must be provided to help foreign students adjust to a new culture. Ongoing contact and support from the local representative of the exchange program must also be provided.
Orientation must be provided to the host family in advance of the foreign student's arrival. The family should be acquainted with the needs and requirements of housing a visitor for a long period of time, advised of potential problems in hosting a foreign student and provided with suggestions for coping with these problems. Ongoing contact and support from the local representative of the exchange program mus