This Memorandum of Understanding (“Agreement”) is effective as of ______________
(the “Effective Date”) between the Hooksett School District (“Hooksett”) and the Londonderry
School District (“Londonderry”) regarding the terms for certain grade 9-12 students who reside
in Hooksett to attend Londonderry High School (the “School”).
WHEREAS, RSA 193:3, IV permits any person having custody of a child to apply to
enroll that child in a non-resident school district and for the non-resident school district to charge
tuition to the parent or to enter into an agreement for payment of tuition with the school district
in which the child resides; and
WHEREAS, Hooksett wishes to enter into an agreement with Londonderry for payment
of tuition for some of its students pursuant to RSA 193:3,IV, and in accordance with the terms
of this Agreement; and
WHEREAS, Londonderry High School meets the requirements of the laws of the State
of New Hampshire, and Londonderry desires to have certain Hooksett students attend the School
under the terms of this Agreement and pursuant to the laws of the State of New Hampshire; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. Student Enrollment. If a student wishes to attend the School, Londonderry agrees to
enroll the student during any school years during the Term (as defined below), subject to the
terms and conditions of this Agreement and provided that the total number of Hooksett students
enrolled at any time during any school year shall not exceed forty (40) students per grade level.
2. Term. The Agreement shall commence on the Effective Date and continue for five years
thereafter (the “Term”), unless terminated sooner as provided below. The Parties may mutually
agree to renew the Agreement for successive five-year terms.
3. Enrollment Process. By September 10th of the school year preceding the enrollment, the
Londonderry School District shall provide the Hooksett School District with the number of
spaces available for Hooksett students in the ensuing school year. By October 1 of the year
preceding the enrollment, Hooksett shall provide Londonderry with a list of the students seeking
enrollment. By November 1 of the year preceding the enrollment, Londonderry will provide
Hooksett with a confirmation of enrollment (each student listed on the confirmation of
enrollment is referred to herein as a “Student” or, collectively, the “Students”). This process shall
not be applicable to Students identified as eligible for special education. The placement of
special education Students shall be subject to space availability and a predetermination by
Londonderry that it possesses the facilities, programs, staffing and expertise (“resources”) to
provide a FAPE to the Student in question. If the predetermination indicates that Londonderry
can deliver FAPE, the Student’s IEP team shall convene and make the final decision of whether
or not Londonderry would be an appropriate placement for the Student. When the decision has
been made that a Student’s needs cannot be met by Londonderry, it shall be Hooksett’s
responsibility to determine the Student’s appropriate placement.
4. Reservation of Rights. Londonderry reserves the right and sole discretion to give
enrollment priority to its own residents and to determine the number of spaces available to
Hooksett based upon space needs, enrollment projections, program availability, staffing,
budgetary limitations, and the collective resources of the district. Further, Londonderry reserves
the limited right to deny enrollment of any student who is subject to a current suspensionexpulsion
or who has a significant history of drug use, material misconduct and/or violence.
Notwithstanding, Londonderry reasonably anticipates, without guarantee, that for the initial term
of this agreement it will be able to provide Hooksett with approximately forty (40) spaces for
incoming freshmen each year. The Parties recognize that either district may enter into other
agreements with other school districts regarding the enrollment of high school students and that
residents of Hooksett may enroll elsewhere (other than Londonderry) in accordance with the
laws of the State of New Hampshire.
5. Equal Access. Londonderry agrees that during the Term (as defined below) it will
provide each Student who enrolls in Londonderry with equal access to all educational, cocurricular,
extra-curricular, scholarship and athletic opportunities and programs. Londonderry
represents that the School qualifies, and will continue to do so during the Term, as an approved
school under the laws of the State of New Hampshire for purposes of enrollment and
6. Tuition. Each year of this Agreement Londonderry shall charge Hooksett a per pupil
base tuition rate (the “Base Tuition”), which in the first year of this agreement shall be
$10,290.00. The Parties agree that the Base Tuition is intended to cover only the costs of
providing regular education to each Student enrolled at the School, which costs do not include
(a) the transportation of any Student for any reason or (b) any extraordinary educational costs
such as special education services. The Base Tuition shall be recalculated and adjusted each year
based upon the changes in Londonderry’s operating budget in the then current fiscal year. By
November 1st of each year, Londonderry shall supply Hooksett with a written estimate of Base
Tuition for the ensuing school year. To the extent the tuition rate charged by Londonderry
exceeds the tuition rate charged by the school district operating Hooksett’s high school of record
in the ensuing school year, Londonderry agrees to bill and collect such sums from the parent/
guardian of the student in accordance with the terms of an agreed to tuition payment contract.
The Parties agree that execution of an agreed-to tuition payment contract by the parent/guardian
shall be a condition precedent to enrollment.
7. Grandfathered Tuition. Notwithstanding Paragraph 5 above, Hooksett students who are
attending the Londonderry School District during the 2013-2014 school year shall be charged a
base tuition rate equal to the base tuition rate charged by the school district operating Hooksett’s
high school of record in the current and succeeding school years until graduation or withdrawal
from Londonderry. In order to facilitate budgeting by Londonderry, Hooksett shall provide
Londonderry with the estimated tuition rate of the school district operating Hooksett’s high
school of record no later than November 15th in the year preceding enrollment.
8. Supplemental Tuition. In addition to the Base Tuition, Hooksett agrees to pay
supplemental special education tuition (the “Supplemental Tuition”) for each student identified
as needing special education services, whether such services are provided during the academic
school year or the extended school year. The amount of Supplemental Tuition shall be based
upon the cost, per unit, of any special education services provided to the Student, including but
not limited to costs related to the evaluation of a student and any costs incurred as a result of
services imposed under Section 504 of the federal Rehabilitation Act or any similar law.
Londonderry will provide Hooksett with an estimate of the unit costs for such services in
November and will adjust such estimates, if necessary, in May of the applicable school year. In
addition to the Supplemental Tuition, Hooksett shall cover all costs for one- on-one
nurses/aides/paraprofessional services, adaptive technology and all costs associated with any outof-
district placements. Not more than every two years, the Hooksett Superintendent may request
that the Special Education Directors of each District meet and confer to determine the per unit
costs for related services and to ensure such charges equitably compensate Londonderry for such
9. Legal Expenses. Hooksett shall be responsible for the costs of retaining its own legal
representation in special education and 504 matters pertaining to Hooksett students which result
in a due process hearing. Londonderry shall be responsible for defending itself against
allegations by third parties, parents, guardians or students that it has engaged in any form of
disability-based discrimination. In the event that Hooksett is the subject of a complaint to the
Office for Civil Rights regarding conduct by Londonderry, Londonderry shall be responsible for
the costs of responding to the complaint. In the event that Londonderry is the subject of a
complaint to the Office for Civil Rights regarding conduct by Hooksett, Hooksett shall be
responsible for the costs of responding to the complaint.
10. Tuition Payments. Hooksett agrees to pay any and all tuition in three annual payments:
(1) the first payment shall be a minimum of 25% of the total annual tuition payment (i.e., Base
Tuition plus any Supplemental Tuition) and shall be paid by October 15 of each year; (2) the
second payment shall be for 50% of the total annual tuition payment and shall be paid by
February 15 of each year, and (3) the third payment shall be for 25% of the total annual tuition
payment and shall be paid by May 1 of each year. Hooksett shall pay any and all tuition due
based on the enrollment of each Student in Londonderry for an entire school year. In the event a
Student is not enrolled for an entire school year, the applicable Base Tuition and any
Supplemental Tuition due to Londonderry will be a pro-rated amount that reflects the number of
days the Student was actually enrolled in Londonderry. Notwithstanding the foregoing, the
tuition due for any Student who is expelled will equal the Base Tuition and any Supplemental
Tuition due for the entire semester in which the Student was most recently enrolled, regardless of
the number of days he or she was actually in attendance. Furthermore, there will be no proration
of tuition in the event a Student is suspended.
11. Tuition Reconciliation. The purpose of tuition reconciliations shall be to adjust tuition
amounts charged or owing due to changing enrollment throughout a school year. The total
Student enrollment shall be calculated on October 1 of each school year, and any and all tuition,
including the Base Tuition and Supplemental Tuition, shall be assessed as of that date.
Reconciliation shall occur twice during the school year: (1) by February 1 and (2) by May 31.
Any paid tuition that must be pro-rated as set forth above shall be refunded or credited to
Hooksett by these dates, whichever is applicable.
12. Governmental Aid. Any governmental aid will be credited to the Student’s district of
residence (i.e., Hooksett). Londonderry shall supply Hooksett with any service logs or other
documentation required for application for Medicaid reimbursement.
13. Financial Records. Hooksett or its representative shall be provided with access to the
accounting of records, data, and reports relied upon to calculate or finalize costs billed to
Hooksett under this Agreement. The Londonderry School Board shall report the School’s
expenditures on the DOE25 separately from its other schools, defining the School’s costs.
14. Rules; Discipline; Records. The Parties agree that all Students will be subject to all
applicable rules and regulations of Londonderry during the term of this Agreement, which
Londonderry may enforce regardless of residency. Londonderry reserves the right to take
disciplinary action, up to and including recommending expulsion of a Student from its schools in
accordance with the laws of the State of New Hampshire.
Hooksett agrees to provide Londonderry with full access to any and all records regarding a
Student’s education prior to enrollment in Londonderry. This includes, but is not limited to,
academic records, health records, and discipline records. A Student must meet Londonderry’s
enrollment requirements (health examinations, immunizations, etc.) prior to attending the
15. Dispute Resolution. Should either party have a complaint as to the operation or
interpretation of this Agreement, that complaint shall be stated in writing to the Superintendent
of Schools for the other party and each Superintendent shall work together to resolve the issue.
If the Superintendents cannot resolve the dispute, it shall be presented to the School Boards
which shall jointly seek to resolve the issue. Should resolution prove impossible at the board
level, the issue shall be referred to a private mediator jointly selected by the superintendents and
paid for jointly by the districts. Should resolution prove impossible by the mediator, the issue
shall be referred to the State Board of Education for a decision in accordance with administrative
rules Ed 200, which decision may be appealed to a court of competent jurisdiction.
16. Termination. This Agreement terminates at the end of the Term or by mutual agreement.
Upon termination of the Agreement, in any event, Londonderry agrees to allow any Student who
is enrolled on the date of termination to continue attending the School until graduating from the
School, subject to applicable graduation requirements and the laws of the State of New
Hampshire, provided that Hooksett timely pays any tuition due under the terms of this
Agreement, which terms the Parties agree shall survive termination with respect to such
Students. Notwithstanding, the Parties shall meet not less than 90 days prior to the expiration of
this agreement to discuss the possible extension thereof.
17. Miscellaneous. This Agreement sets forth the entire agreement between the Parties and
fully supersedes any and all prior agreements and understandings, whether oral or written
between the parties pertaining to the subject matter of the Agreement. This agreement may only
be amended by the mutual written agreement of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written below.
For the Londonderry School District, by
Board Chair Date
For the Hooksett School District, by
Board Chair Date
This Memorandum of Understanding (“Agreement”) is effective as of ______________