Section Ed 204.01 - Proceedings at the School Board Level to Resolve Disputes Between Individuals and the School System(a) A local school board shall adhere to the following due process procedures prior to a party filing a dispute as a contested case with the office of legislation and hearings except for disputes governed by Ed 204.02 or other rules of the board governing specific circumstances:(1) Provide opportunity for a hearing when the legal rights, duties or privileges of a party are threatened;(2) Provide notice of such a hearing;(3) Conduct a hearing in a manner assuring due process;(4) Establish an adequate record in all contested cases; and(5) Issue timely decisions and orders.(b) The local board shall provide an opportunity for a hearing if requested at which the following procedures shall apply:(1) The party, together with a parent or guardian, if applicable, or legal counsel, if applicable, may waive the right to a hearing in (a), above;(2) Formal rules of evidence shall not be applicable;(3) The hearing shall be either public or nonpublic consistent with the provisions of RSA 91-A:3, II(a); and(4) During the hearing, the school board shall allow a party, or a designated representative of the party, to examine any and all witnesses.(c) The local board shall include a statement that the local school board has complied with all the requirements of RSA 91-A, the state's right to know law, including compliance with all the recordkeeping requirements of that law.(d) The local board shall provide a written decision determined by a quorum of the local board which shall include notice that the decision may be appealed to the state board.(e) The decision of the local board shall at a minimum, include the following: (1) The date of the decision;(2) A description of the issue in dispute;(3) The board's decision; and(4) The rationale for the board's decision;(f) The written decision shall be considered a final decision at the local level.(g) A party may appeal a final decision of the local board to the state board within 30 calendar days of receipt of the written decision of the local board, in accordance with RSA 541-A and Ed 200. The state board may waive the 30-day requirement for good cause shown, including, but not limited to, illness, accident, or death of a family member.N.H. Admin. Code § Ed 204.01
#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; ss by #6348, eff 10-5-96, EXPIRED: 10-5-04
New. #8334-A, eff 4-23-05 (from Ed 216.01 )