Section Ed 408.08 - Grievance Conference for the Denied Approval of a Nonpublic School(a) Upon receipt of a request pursuant to Ed 401.02(m), Ed 403.02(e), Ed 403.03(f), Ed 404.02(e), and Ed 404.03(f), or concerning an action taken under these rules, the commissioner shall notify the chairperson of the NSAC of the request for a grievance conference, and the grievance conference shall then proceed in accordance with this section.(b) Within 5 days of the commissioner's notification of a request for a grievance conference, the chairperson shall schedule the conference with the parties to the grievance.(c) At the conference, each party shall be prepared to consider: (1) The simplification of the issues and an agreement of facts;(2) Possibility of settlement; and(3) Such other matters as may aid in disposition of the action.(d) Parties to a grievance may be represented at the conference by counsel.(e) At the grievance conference, the grievance committee shall interview the parties to the grievance to attempt to reach a settlement on the facts of the grievance.(f) The grievance committee shall present its findings on unresolved grievances or report on the proposed settlement reached by the parties to the commissioner within 10 days of the conference.(g) Any settlement reached at a grievance conference shall be subject to review by the commissioner to ensure that the settlement is consistent with these rules and applicable statutes. Any settlement that is not consistent with these rules and applicable statues shall not be implemented.(h) The findings shall list the pertinent facts found by the committee.(i) The commissioner shall notify the parties of the issues agreed to, what issues remain unresolved, or both.(j) The notice shall state the parties have 10 business days from receipt of the committee's findings on unresolved issues to request a hearing pursuant to the provisions of Ed 200.N.H. Admin. Code § Ed 408.08
#8263, eff 1-22-05; ss by #10360, eff 6-15-13
Amended by Number 6, Filed February 8, 2024, Proposed by #13853, Effective 1/12/2024, Expires 1/12/2034 (formerly Ed 406.08) (see Revision Note at chapter heading for Ed 400).