3551 (JJJ) - Access to Public School Programs by Nonpublic School, Charter School and Home-Educated Pupils

 

 

All pupils residing in the District, whether they are home educated, or are attending public chartered school or nonpublic schools (collectively, “non-enrolled district students”), shall have access to curricular courses and co/extra-curricular programs offered by the District in accordance with RSA 193:1-c.

 

1. Equal Access to District Courses and Programs.

Non-enrolled district students will have the same access as do enrolled students to the District’s courses and programs.   Non-enrolled district students shall not be subject to any policies, procedures or standards with respect to participation in the District’s courses or programs that are more restrictive than those governing the District’s enrolled students.  Non-enrolled district students, however, must meet the same eligibility criteria as the District’s students as described in paragraph B below.

The district allows non-enrolled district students to participate on an equal basis in courses and programs offered by the district provided they meet the eligibility requirements for participation (e.g., deadlines for registration, academic progress/performance, parental permission, third party (e.g., NHIAA) requirements, physical exams/health requirements, etc).

In the event that a course or program has reached capacity, selection between enrolled students and non-enrolled district students must be made using the same criteria, such as registration deadlines, registration dates, audition/tryout, seniority by grade, etc.  If, after applying such criteria the course/program remains overenrolled, the determination should be made randomly.

If a student or their parent/guardian believes that they have not been given equal opportunity for participation in district programs, then they may appeal as outlined in procedure JJA-R

2. Participation in Curricular Courses.

In order to participate in the District’s curricular courses, non-enrolled district students must meet the eligibility criteria that applies to students enrolled in the school district. The building Principal will provide this eligibility criteria to parents or guardians of non-enrolled district students upon request.

Parents/guardians shall submit requests for participation in District courses in writing to the building Principal consistent with Board procedures JJJ-R. The building Principal will verify that the eligibility standards are the same as those that apply to students enrolled in the school district.

The Principal will determine if a non-enrolled district student has satisfied eligibility criteria and prerequisites in the same manner as s/he would:

1. 1. for determining whether a course satisfies requirements for awarding credits (Board policy {3531}IK) and
   2. for assigning to classes or grade levels and for students transferring from other schools (Board policy {2205}JG).

In making the determination, the Principal should consider home education evaluation materials (see RSA 193-A:6, III), course descriptions, syllabi, and/or any other relevant information offered by the parent/guardian of the student.

Requests for the provision of Special Education and/or related services including, but not limited to physical therapy, occupational therapy, speech therapy, counseling, psychological services shall be considered a referral to special education pursuant to the Child Find procedures established by Ed 1105. Any disputes through the Disposition of Referral process will follow the Special Education process for dispute resolution.

3. Use of School Texts, Technology, and Library Materials.

Non-enrolled district students will be permitted to use the school library, and borrow school texts, and library materials. District owned technology equipment (ie-Chromebooks) may be utilized on premises.  All district owned supplies or materials should be used under the same conditions and rules as pupils enrolled in the District, including the Acceptable Computer, Network and Internet Use Policy - 2295.

4. Participation in Activities and Co/extra-curricular Programs.

Requests by non-enrolled district students for participation in District co-curricular/extra-curricular activities or programs (“activities”) shall be made in writing by the parent/guardian to the building Principal. The building Principal shall ensure that there is equal treatment and opportunity of non-enrolled district students relative to their participation in District activities.

In order to participate in District activities, non-enrolled district students must:

1. 1. Meet the eligibility criteria for participation in the activity that apply to students enrolled in the school district, with the exception of school attendance;
   2. Meet any tryout criteria or their equivalent for participation in the activity that apply to students enrolled in the school district; and
   3. Comply with all policies, rules and regulations or their equivalent of the governing organization of the activity.

Non-enrolled district students participating in district co-curricular and extra-curricular activities are subject to the same fees charged enrolled students for the activity.

5. Appeals.

Any student/parent/guardian who believes that the district’s policies/regulations or the State’s laws/regulations pertaining to a non-enrolled district student’s access to a course or program have not been appropriately or fairly interpreted may appeal as follows:

If the original decision being appealed was made by the Principal, then the “Principal” as used in steps 1-4 shall refer to the “Superintendent”, and the Superintendent’s decision shall be final.  Step 5 shall not apply.

1. 1. Submit a letter to the building Principal stating the nature of the concern and requesting a hearing.
   2. Within five (5) school days the Principal will convene a meeting with him/herself, the student and/or parents, the coach/advisor, and a teacher(s).
   3. The student/parent will be given an opportunity to explain why they believe the student should be eligible for participation.  Additionally, the student/parent may present information, documents or other material in support of their position.  The Principal shall prepare minutes of the meeting.
   4. The Principal will consider all information available and will make a final decision within three (3) school days following the meeting.  The Principal will notify and inform the student/parents of his/her decision in writing via email. When time is of the essence, the Principal should first convey the basic conclusion as soon as practicable via telephone or email.  
   5. The student/parent/guardian may within 3 days of the Principal’s email of the decision submit a written request for further review by the Superintendent. The written request should describe why the Principal’s decision should not be upheld.  The Superintendent may decide without further information to uphold the Principal’s decision, or may determine a further meeting is necessary.  In either event, the Superintendent’s decision will be final.  If the parent/guardians do not request a review by the Superintendent, then the Principal’s decision will be final as of the fourth day after the Principal’s written decision was transmitted to the parents/guardians.  

6. Administrative Regulations or Procedures.

The Superintendent or designee may adopt such administrative regulations or procedures as s/he deems appropriate in order to implement this policy. 

 

Legal References: