TITLE XV
EDUCATION

Chapter 194
SCHOOL DISTRICTS

General Powers and Duties

Section 194:1

    194:1 What Constitutes a District. – Each town shall constitute a single district for school purposes; provided that districts organized under special acts of the legislature may retain their present organization, and the word "town," wherever used in the statutes in connection with the government, administration, support, or improvement of the public schools, shall mean district. The special state prison school district, as established by RSA 194:60, shall constitute a single district for school purposes, and shall be subject to the provisions of RSA 194:60. Notwithstanding any other provision of law to the contrary, in the case of unincorporated towns or unorganized places in a county, the county shall constitute the district.

Source. RS 69:1. CS 73:1. GS 78:1. GL 86:1. 1885, 43:1. PS 89:1. 1909, 23:1. 1921, 85, IV:1. PL 119:1. RL 138:1. RSA 194:1. 1992, 124:1. 1998, 270:5. 2007, 99:1, eff. Aug. 10, 2007.

Section 194:1-a

    194:1-a Single District School Administrative Units. – As provided in RSA 194-C:3, single district school administrative units shall be considered the same as a single school district.

Source. 1996, 298:2, eff. Aug. 9, 1996.

Section 194:1-b

    194:1-b Legal Residence Defined. – For the purposes of title XV, "legal residence" means legal residence as defined in RSA 193:12.

Source. 1998, 206:6, eff. June 18, 1998.

Section 194:2

    194:2 Districts to be Corporations. – All districts legally organized shall be corporations, with power to sue and be sued, to hold and dispose of real and personal property for the use of the schools therein, and to make necessary contracts in relation thereto.

Source. RS 70:1. CS 73:4. GS 78:14. GL 86:14. PS 89:2. 1909, 23:2. 1921, 85, IV:2. PL 119:2. RL 138:2.

Section 194:3

    194:3 Powers of Districts. –
School districts may raise money, as required by law, or, in addition thereto:
I. To procure land for lots for schoolhouses and school administrative unit facilities, and for the enlargement of existing lots;
II. To build, purchase, rent, repair, or remove schoolhouses and outbuildings, buildings to be used for occupancy by teachers in the employ of such school district, and buildings to be used for educational administration including office facilities for school administrative units;
III. To procure insurance against such risks of loss, cost or damage to itself, its employees or its pupils as its school board may determine;
IV. To provide group plan life, accident, medical, surgical and hospitalization insurance benefits, or any combinations of such benefits, for all regular employees of the district and their dependents, the cost thereof to be borne in whole or in part by the district;
V. To plant and care for shade and ornamental trees upon schoolhouse lots;
VI. To provide suitable furniture, books, maps, charts, apparatus and conveniences for schools;
VII. To purchase vehicles for the transportation of children;
VIII. To provide for health and sanitation;
IX. To provide for adult high school diploma and continuing education programs; and
X. To pay debts.

Source. RS 71:1. 1845, 224. CS 75:1. 1853, 1435. 1862, 2619:1, 2. GS 78:18; 80:1. GL 86:18; 88:1. 1889, 82:1. PS 89:3. 1911, 46:1. 1913, 51:1. 1921, 85, IV:3. PL 119:3. RL 138:3. 1951, 211:1. RSA 194:3. 1959, 164:1. 1967, 267:1; 449:1. 1975, 363:2. 1979, 459:4, eff. Aug. 24, 1979.

Section 194:3-a

    194:3-a Certain Districts may Assess Tuition. – A local school district may if federal funds are not appropriated sufficient to cover the cost of educating school age pupils who live on federally owned or leased property, assess tuition up to the state average costs against parents or guardians of said pupils which cover the current per pupil cost of the district, if there are more than 100 school age pupils within the federal enclave.

Source. 1973, 552:1, eff. July 5, 1973.

Section 194:3-b

    194:3-b Deficit Reduction. – School districts may vote, at any annual meeting, to raise such sums of money as the voters judge necessary for the purpose of reducing an accumulated general fund deficit.

Source. 1994, 147:6, eff. July 22, 1994.

Section 194:3-c

    194:3-c Revolving Funds for Self-Supporting Programs. –
I. A school district may establish a revolving fund for the purpose of providing moneys for school programs which are self-supporting, in whole or in part. The purposes for which such fund is established shall be specified by the district.
II. (a) A school district may raise revenues from and appropriate funds for such self-supporting school programs.
(b) Revenue may include, but is not limited to, moneys derived from the sale of goods or services associated with such programs or tuition charged for such programs. Such revenue shall be appropriated to fund only the program from which it was derived.
(c) A school district may establish a line item in its budget to supplement revenue derived from such programs. No supplemental appropriation may be made except by such budget line item.
(d) A school district shall establish regular intervals for disbursing funds to such programs for program costs approved by the local school board.
III. The revolving fund shall be subject to annual audit, and all records regarding the programs and revenue derived from such programs shall be public.
IV. Moneys in the revolving funds may be nonlapsing, if so specified by the district.
V. Upon termination of a school program funded under this section, moneys derived from such program remaining in the revolving fund shall be returned to the pupil if derived from tuition, or used as local general funds to reduce the tax rate if derived from the sale of goods or services associated with the program.

Source. 1996, 179:1, eff. July 1, 1996.

Section 194:3-d

    194:3-d School District Computer Networks. –
I. Every school district which has computer systems or networks shall adopt a policy which outlines the intended appropriate and acceptable use, as well as the inappropriate and illegal use, of the school district computer systems and networks including, but not limited to, the Internet.
II. All users of a school district's computer systems or networks who intentionally violate the district's policy and who intentionally damage the computer system or network shall assume legal and financial liability for such damage. For purposes of this section, "user" means any person authorized to access the school district's computer systems or networks including, but not limited to, the Internet.

Source. 1997, 285:1, eff. Jan. 1, 1998.

Section 194:3-e

    194:3-e Reduction of School Food Waste. – A school may partner with a nonprofit or implement a program on its own to make leftover school food, that was prepared but never served, into frozen to-go meals or portions for distribution in compliance with state food safety regulations and Federal Food and Drug Administration requirements and guidelines. The protections of the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C section 1791, shall apply to any participating school. The school may send such frozen meals or portions home with any child whose family indicates a desire to participate in such program.

Source. 2021, 45:1, eff. July 16, 2021.

Section 194:4

    194:4 Notes of Districts. – If the money is hired upon the note or notes of the district, said note or notes shall be signed by the district treasurer and by the school board.

Source. 1909, 138:1. 1921, 85, IV:4. PL 119:4. RL 138:4.

Section 194:5

    194:5 Taxation. – In the assessment of school district taxes every person shall be taxed in the district in which he lives for his personal estate subject to taxation in town. Real estate shall be taxed in the district in which it is situated.

Source. RS 71:9. CS 75:9. GS 80:10. GL 88:16. PS 89:6. 1921, 85, IV:6. PL 119:5. RL 138:5.

Section 194:6

    194:6 Invoice of Property. – The selectmen may make a new invoice of all the property in the district when necessary for the just assessment of such taxes.

Source. 1844, 148:1. CS 75:10. GS 80:11. GL 88:17. PS 89:7. 1921, 85, IV:7. PL 119:6. RL 138:6.

Section 194:7

    194:7 Assessment. – The selectmen shall annually assess upon the ratable estate of the district a sum equal to the amounts determined by the district, and shall pay over the same to the district treasurer.

Source. 1909, 22:2. 1921, 85, IV:10. PL 119:7. RL 138:7.

Section 194:8

    194:8 Collection. – If such taxes are assessed after July 1 in any year upon the property of nonresidents the collector shall send to the owners of said property, or to their agents, if known, a bill of their taxes within 2 months after the delivery of the list to him, and shall, at the expiration of 4 months after such delivery, advertise and sell the property on which the taxes have not been paid in the same manner as if such taxes had been assessed in April preceding.

Source. 1844, 148:2. CS 75:11. GS 80:12. 1874, 105:1. GL 88:18. PS 89:8. 1921, 85, IV:8. PL 119:8. RL 138:8.

Section 194:9

    194:9 Apportionment of School Moneys. – Every district situate in 2 or more towns shall be entitled to its just proportion of school taxes, income from school funds, according to the value of property taxable therein.

Source. 1850, 974:1, 2. CS 73:18. GS 78:13. GL 86:13. PS 89:13. 1921, 85, IV:14. PL 119:9. RL 138:9.

Section 194:10

    194:10 Salaries of District Board and Officers. – At its annual meeting each school district shall determine the salaries of its school board and other district officers, and the district clerk shall certify the same to the selectmen.

Source. 1909, 22:1. 1921, 85, IV:9. PL 119:10. 1927, 14:1. RL 138:10.

Section 194:11

    194:11 Payment. – The district treasurer shall pay to the school board and other district officers their salaries granted by the district, and he shall likewise pay the truant officer upon the order of the school board, they certifying that he has performed the duties required of him by law.

Source. 1909, 22:3. 1921, 85, IV:11. PL 119:11. 1927, 14:2. RL 138:11.

Section 194:12, 194:13

    194:12, 194:13 Repealed by 1963, 117:1, eff. Jan. 1, 1964. –

Section 194:14

    194:14 Nonresident Pupils. – A district may determine upon what terms scholars from other districts may be admitted to its schools, and if a district neglects to make such determination the school board may do it.

Source. RS 73:7. CS 77:7. GS 78:19. GL 86:19. PS 89:12. 1921, 85, IV:13. PL 119:14. RL 138:14.

Section 194:15

    194:15 School Year. – The fiscal and scholastic year for all school districts shall end June 30 in each year.

Source. 1917, 122:1. 1921, 85, IV:15. PL 119:15. RL 138:15.

Section 194:15-a

    194:15-a Lord's Prayer in Public Elementary Schools. – As an affirmation of the freedom of religion in this country, a school district may authorize the recitation of the traditional Lord's prayer in public elementary schools. Pupil participation in the recitation of the prayer shall be voluntary. Pupils shall be reminded that this Lord's prayer is the prayer our pilgrim fathers recited when they came to this country in their search for freedom. Pupils shall be informed that these exercises are not meant to influence an individual's personal religious beliefs in any manner. The exercises shall be conducted so that pupils shall learn of our great freedoms, which freedoms include the freedom of religion and are symbolized by the recitation of the Lord's prayer.

Source. 1975, 225:1. 2002, 277:1, eff. July 17, 2002.

Section 194:15-b

    194:15-b Instruction in New Hampshire's Cultural Heritage and Ethnic History Authorized. – A school district may include one-semester courses at the elementary and secondary levels in the cultural heritage and ethnic history of New Hampshire's people, and may raise and appropriate money for this purpose.

Source. 1988, 122:1, eff. June 18, 1988.

Section 194:15-c

    194:15-c New Hampshire School Patriot Act. –
I. As a continuation of the policy of teaching our country's history to the elementary and secondary pupils of this state, this section shall be known as the New Hampshire School Patriot Act.
II. A school district shall authorize a period of time during the school day for the recitation of the pledge of allegiance. Pupil participation in the recitation of the pledge of allegiance shall be voluntary.
III. Pupils not participating in the recitation of the pledge of allegiance may silently stand or remain seated but shall be required to respect the rights of those pupils electing to participate. If this paragraph shall be declared to be unconstitutional or otherwise invalid, the remaining paragraphs in this section shall not be affected, and shall continue in full force and effect.

Source. 2002, 277:2, eff. July 17, 2002.

Section 194:16

    194:16 Military Drill, Etc. – A school district may include military drill and physical exercises in its course of instructions, and may raise and appropriate money for that purpose.

Source. 1917, 100:2. 1921, 85, IV:16. PL 119:16. RL 138:16.

Section 194:17

    194:17 Instruction in Use of Firearms. – A school district may include instruction in the safe and proper use of firearms including instruction in game laws and good hunting practices, and may raise and appropriate money for said purposes.

Source. 1953, 50:1, eff. March 26, 1953.

Section 194:18

    194:18 Evening Schools. – Any school district may maintain an evening school as a part of its public school system, and every district in which reside or are employed 15 or more persons between the ages of 16 and 18 years who cannot read and speak the English language understandingly shall maintain an evening or special day school for the purpose of carrying into effect the provisions of this title for such time in each year, and under such conditions and with such exceptions, as the state board may prescribe.

Source. 1919, 106:15. 1921, 85, IV:17. PL 119:17. RL 138:17. RSA 194:18. 1973, 72:30, eff. June 3, 1973.

Section 194:19

    194:19 School for Adults. – Every school district in which reside or are employed 20 or more persons above the age of 18 years who cannot read and speak the English language understandingly shall maintain schools for the instruction of such non-English-speaking persons for such time in each year, and under such conditions and with such exceptions, as the state board may prescribe.

Source. 1919, 106:16. 1921, 85, IV:18. PL 119:18. RL 138:18. RSA 194:19. 1973, 72:15, eff. June 3, 1973.

Section 194:19-a

    194:19-a Definition of Elementary School. – For the purposes of this chapter, an elementary school is as set forth in RSA 189:25.

Source. 1967, 362:1. 1981, 318:7, eff. Aug. 16, 1981.

High Schools

Section 194:20

    194:20 Establishment. – Any school district may by vote or bylaw establish and maintain a high school in which the higher English branches of education, Latin, Greek and modern languages may be taught.

Source. 1866, 4255. GS 82:2. 1874, 56:1. GL 90:2. 1881, 23:1. PS 89:9. 1901, 96:1. 1921, 85, IV:19. PL 119:19. RL 138:19.

Section 194:21

    194:21 Joint Maintenance Agreements. –
I. Two or more adjoining districts in the same or different towns may make contracts with each other for establishing and maintaining jointly a high school or other public school for the benefit of their pupils, and may raise and appropriate money to carry the contracts into effect; and their school boards, acting jointly or otherwise, shall have such authority and perform such duties in relation to schools so maintained as may be provided for in the contracts.
II. (a) The school boards of the component school districts shall hold at least one public hearing in each district. Reasonable notice of each hearing shall be provided no less than 10 days prior to the date of the hearing. Upon adoption of the joint maintenance agreement by the component districts, a copy of the agreement executed by each component school board shall be submitted to the state board of education for approval. If the state board of education approves the agreement, it shall forward it to the clerks of the component school districts for submission to the voters as soon as may be reasonably possible at an annual meeting or a special meeting called for the purpose. A majority of voters present and voting in each component district shall be required for approval of the joint maintenance agreement.
(b) If after review the state board of education determines that the joint maintenance agreement fails to comply with the provisions of this section, the state board shall forward written notice of its findings, including specific areas of deficiency, to the school boards of the component school districts. Such school boards shall correct any deficiencies and resubmit the agreement to the state board for review within 30 days of the state board's deficiency notice.
(c) The state board shall act on all joint maintenance agreement proposals within 30 days of receipt.
III. The school boards of the component school districts shall be authorized to incur indebtedness by the issuance and sale of bonds or notes, or otherwise, in the name of the joint maintenance agreement subject to approval by the legislative body of the component districts pursuant to RSA 33. The school boards of the component school districts shall be authorized to engage in collective bargaining pursuant to RSA 273-A and to hire staff in the name of the joint maintenance agreement, as may be necessary.

Source. 1845, 221:1, 2. CS 79:1. 1862, 2618:1. GS 82:3. 1869, 7:1. GL 90:3. PS 89:10. 1921, 85, IV:20. PL 119:20. RL 138:20. 2000, 215:1, eff. July 31, 2000.

Section 194:21-a

    194:21-a Long-Term Contracts. – The school districts of the state may enter into a contract with each other for the establishing and maintaining jointly a high school for the benefit of their pupils and may raise and appropriate money to carry said contracts into effect. The school boards of said districts, acting jointly or otherwise, shall have the authority and perform such duties in relation to schools so maintained as may be provided for in the contracts. The term of any such contract may be for a term not to exceed 20 years from the date of the contract. In entering into such contract either of said school districts may bind itself to the payment of tuition for the entire term of the contract and may also bind itself to annual payments on account of capital investments.

Source. 1959, 218:1, eff. Aug. 11, 1959.

Section 194:21-b

    194:21-b Special Meetings. – The adoption of a long-term contract as provided for by RSA 194:21-a may be taken by the school district at a regular annual meeting or a special meeting called for the purpose provided that an article is inserted in the warrant for said meeting relative to said contract.

Source. 1959, 218:2, eff. Aug. 11, 1959.

Section 194:21-c

    194:21-c Application of Statutes. – The provisions of RSA 194:21 relative to joint maintenance of schools, and the provisions of RSA 194:27, as amended, relative to limitations on the payment of tuition, shall not apply to the school districts of the state if any long-term contract herein provided for is adopted by said districts.

Source. 1959, 218:3, eff. Aug. 11, 1959.

Section 194:22

    194:22 Contracts With Schools. – Any school district may make a contract with an academy, high school or other literary institution located in this or, when distance or transportation facilities make it necessary, in another state, and raise and appropriate money to carry the contract into effect. If the contract is approved by the state board the school with which it is made shall be deemed a high school maintained by the district.

Source. 1874, 69:1. GL 90:15. 1885, 89:2. 1887, 111:1. PS 89:11. 1901, 96:6. 1903, 118:1. 1905, 90:1. 1909, 100:1. 1911, 137:1. 1915, 126:1. 1917, 219:1. 1921, 85, IV:21. PL 119:21. RL 138:21.

Section 194:23

    194:23 Definition of High School. –
I. The term "high school" shall mean a public school or public academy comprising a span of grades beginning with the next grade following an approved elementary, middle or junior high school as defined by RSA 189:25 and ending with grade 12. Such a school shall:
(a) Offer those subjects prescribed by statute, including instruction in history, government, and constitutions of the United States and New Hampshire and of the organization and operation of New Hampshire municipal, county, and state government;
(b) Provide such other subjects as the school district maintaining such school shall determine by its school board or by vote of the district;
(c) Comply with standards prescribed by the state board of education which shall be uniform in their application to all schools; and
(d) Qualify a pupil to receive a diploma upon completion.
II. In this section, "public academy" means an independent school which contracts with one or more school districts to provide education services to such districts in compliance with RSA 194:23. All contracts between a public academy and a school district shall be subject to approval by the state board of education. In this section, "independent school" means a school which is governed by a board of trustees or other officials who are not publicly elected. An independent school shall not include a chartered public school established under RSA 194-B.
II-a. In this section, the term "high school" shall include the regional career and technical education center in the Manchester school district which complies with the provisions of RSA 188-E.
III. The enactment of paragraph II shall not affect a determination of the New Hampshire retirement system board of trustees under RSA 100-A regarding the eligibility of an employer or its employees to participate in the New Hampshire retirement system.

Source. 1901, 96:1. 1903, 31:1; 118:1. 1905, 19:1. 1921, 85, IV:22. PL 119:22. RL 138:22. RSA 194:23. 1959, 246:1. 1975, 183:3. 1985, 151:1. 2006, 191:1. 2007, 71:3. 2008, 354:1. 2012, 221:2. 2015, 252:13, eff. July 1, 2015.

Section 194:23-a

    194:23-a Repealed by 1985, 151:6, eff. July 21, 1985. –

Section 194:23-b

    194:23-b Approval of High Schools. –
I. In order to satisfy compulsory school attendance laws, a high school student less than 16 years old must attend a high school which has been approved by the state board of education as complying with the provisions of RSA 194:23, or its equivalent; and the state board of education shall annually publish a list of all high schools which it has approved as meeting the requirements of RSA 194:23.
II. The commissioner of the department of education may, through an agreement with another state when such state and New Hampshire are parties to an interstate agreement, allow New Hampshire pupils to attend schools that meet the standards established by one of the 2 states.

Source. 1959, 246:2. 1985, 151:2. 1999, 224:3. 2000, 98:1, eff. June 26, 2000.

Section 194:23-c

    194:23-c Standards and Uniformity. – The state board of education shall have the power to approve for a reasonable period of time a high school that does not fully meet the requirements of RSA 194:23 if in its judgment the financial condition of the school district or other circumstances warrant delay in full compliance.

Source. 1959, 246:2. 1985, 151:3, eff. July 21, 1985.

Section 194:23-d

    194:23-d Repealed by 2003, 314:9, eff. July 22, 2003. –

Section 194:23-e

    194:23-e Receipt of Tuition Students. – In order to be entitled to accept tuition students, a public high school must be approved by the state board of education as complying with the provisions of RSA 194:23.

Source. 1959, 246:2. 1985, 151:5, eff. July 21, 1985.

Section 194:23-f

    194:23-f High School Student as School Board Member. –
The provisions of this section shall apply only to high schools located in a school district in which the school board has voted to have a nonvoting student member pursuant to RSA 189:1-c.
I. In addition to the school board members authorized in RSA 671:4, a high school shall select, in accordance with the directives of paragraph II and the provisions of RSA 189:1-c, one or more students from among its members to be nonvoting members of the school board for the district in which the high school is located. A student member shall have all the rights of a regular school board member regarding school board business except the right to vote.
II. A student board member shall be chosen by a simple majority vote of the high school student body. The student government of the high school shall establish procedures for the nomination and election of candidates. The student government shall also establish a procedure for any public high school student in the school district to petition a student board member to present proposals and opinions to the school board.
III. A student board member shall serve for a term of one year. The school board shall decide the date at which the term shall begin. Any student who will graduate during the term's duration is not eligible to be a candidate and is not eligible to vote. The student government of the high school shall establish a procedure for filling any vacancy that may occur in this position. A student board member shall serve without pay.
IV. The duties of a student school board member shall include:
(a) Attending all school board meetings except as specified in paragraph V;
(b) Representing all public high school students within the district;
(c) Presenting to the school board specific proposals and opinions from students as directed in paragraph II; and, when appropriate, placing proposals on the school board agenda in accordance with the board procedures;
(d) Serving as a liaison between students and the principal, other faculty, student government advisors, and appropriate outside agencies;
(e) Keeping public high school students informed of the business of the school board.
V. A student school board member shall be excluded from discussions and procedures of the school board involving subjects which are confidential under RSA 91-A.

Source. 1983, 111:3. 2009, 5:2, eff. June 16, 2009.

Section 194:24

    194:24 Transfer of Scholar. – Whenever it shall appear that the attendance of a pupil at the school with which the contract is made will work a manifest hardship, which may be avoided by permitting the child to attend another approved school, the pupil through his parents, guardian or some other responsible person may apply to the school board for an order transferring the pupil to the more accessible school.

Source. 1901, 96:6. 1903, 118:1. 1905, 90:1. 1915, 126:1. 1917, 219:1. 1921, 85, IV:23. PL 119:23. RL 138:23.

Section 194:25

    194:25 Hearing. – The school board shall thereupon order a hearing within 10 days thereafter, and, if it shall appear to the board that the claim is well-founded, the board shall make the order prayed for, and the district in which the pupil resides shall be liable to the school to which the pupil is assigned for the pupil's tuition not to exceed in any one year a sum based upon the costs as set forth in RSA 194:27.

Source. 1901, 96:6. 1903, 118:1. 1905, 90:1. 1915, 126:1. 1917, 219:1. 1921, 85, IV:23. PL 119:24. RL 138:24. 1949, 139:1, eff. July 1, 1949.

Section 194:26

    194:26 Appeal. – The person applying for the pupil's transfer, or the governing board of the school with which the district has made the contract, may appeal from the decision of the school board to the state board within 10 days from the date of the filing of the order, or if no order is filed within 10 days after the application. The state board may upon such appeal, or if application is made directly therefor, modify the provisions of RSA 194:22 when conditions of transportation or accessibility require such action for the best interests of the pupil, and the order of the board shall be final and binding upon any school board affected thereby.

Source. 1901, 96:6. 1903, 118:1. 1905, 90:1. 1915, 126:1. 1917, 219:1. 1921, 85, IV:23. PL 119:25. RL 138:25. 1943, 149:1, eff. May 4, 1943.

Section 194:27

    194:27 Tuition. – Any district not maintaining a high school or school of corresponding grade shall pay for the tuition of any pupil who with parents or guardian resides in said district or who, as a resident of said district, is determined to be entitled to have his or her tuition paid by the district where the pupil resides, and who attends an approved public high school or public school of corresponding grade in another district, an approved public academy, or a private school approved as a school tuition program by the school board pursuant to RSA 193:3, VII. Except under contract as provided in RSA 194:22, the liability of any school district hereunder for the tuition of any pupil shall be the current expenses of operation of the receiving district for its high school, as estimated by the state board of education for the preceding school year. This current expense of operation shall include all costs except costs of transportation of pupils.

Source. 1901, 96:1. 1903, 118:1. 1917, 16:1. 1921, 85, IV:24. 1923, 89:1. 1925, 129:1. PL 119:26. 1927, 18:1. 1933, 126:1. RL 138:26. 1949, 139:2. RSA 194:27. 1955, 166:1. 1957, 51:1. 1973, 299:1. 1998, 271:2. 2017, 182:5, eff. Aug. 28, 2017. 2021, 106:5, eff. Aug. 5, 2021.

Section 194:27-a

    194:27-a Tuition Liability for Nongraduating Pupils. – A pupil who has attended a high school, or schools of corresponding grades, for such time as is usually required and who has not been graduated may be required to certify to the school board of the district liable for the pupil's tuition that he will make the effort required to profit from his attendance before he is entitled to any further tuition payments on his behalf. The school board of the district liable for tuition for any such pupil may refuse tuition for such pupil when it has been determined that such pupil is grossly neglecting his school work. A decision of the board to refuse tuition under such circumstances stands, subject only to review by the state board of education. The decision of the state board of education is binding and final on both the district and the pupil. Nothing in this section shall be construed to prevent a school board from making tuition payments beyond the time usually required for the completion of a high school program if in the board's judgment it is desirable to extend the educational opportunity for a pupil.

Source. 1969, 356:9, eff. July 1, 1969.

Section 194:28

    194:28 Recovery of. – If any town in which a high school or school of corresponding grade is not maintained neglects or refuses to pay for tuition as provided in RSA 194:27, such town shall be liable therefor to the parent or guardian of the child furnished with such tuition, if the parent or guardian has paid the same; otherwise to the town or city furnishing the same in an action of assumpsit.

Source. 1901, 96:2. 1921, 85, IV:25. PL 119:27. RL 138:27.

Section 194:29, 194:30

    194:29, 194:30 Repealed by 1969, 356:11, eff. July 1, 1969. –

Section 194:31

    194:31 Registers; Reports. – All academies, private schools and public schools shall be furnished with copies of the school register, and shall make an annual report of membership to the department of education in accordance with RSA 189:28.

Source. 1901, 96:5. 1921, 85, IV:30. PL 119:30. RL 138:30. RSA 194:31. 1991, 169:3. 2005, 189:2, eff. Aug. 29, 2005.

Section 194:31-a

    194:31-a Student Records. – All elementary and secondary educational institutions including academies, private schools and public schools shall, upon request of a private school or a school district as authorized by a parent, student, or former student, furnish a student record to any elementary or secondary educational institution. There shall be no charge for any record furnished pursuant to this section.

Source. 1993, 147:1, eff. July 16, 1993.

Section 194:32

    194:32 Catalogues. – The principal of each college, academy, seminary or other institution of learning, incorporated by the laws of this state, shall annually, and before November 1 of each year, forward to the New Hampshire Genealogical Society, for its library, one copy of each printed catalogue of its officers and students and courses of studies published during the year next preceding said date.

Source. 1907, 40:1. 1921, 85, IV:31. PL 119:31. RL 138:31.

Section 194:33

    194:33 Union of Districts. – Whenever any school district organized under a special act of the legislature shall vote to abolish such district and to unite with the town district, if said town district shall vote to receive said special district, and the special district has for the 5 years next preceding such vote maintained a high school, it shall be incumbent on the town district with which it unites to thereafter keep and maintain a high school within the limits of said special district for at least 34 weeks in each year, of equal grade to that which had been previously maintained therein by such special district, said high school to be open to all scholars in the town district, of suitable age and qualifications.

Source. 1891, 64:4. 1921, 85, IV:32. PL 119:32. RL 138:32.

Section 194:34

    194:34 Maintenance of High Schools. – It shall be the duty of said town district to raise and appropriate each year thereafter sufficient money, in addition to the school money which the town in which it is situated may raise, to properly maintain such high school, or schools, as may be established under RSA 194:33.

Source. 1891, 64:2. 1921, 85, IV:33. PL 119:33. RL 138:33.

Section 194:35

    194:35 Discontinuance. – No high school shall be discontinued, or the location thereof be changed, except by the superior court, on petition of 20 or more legal voters of the town or district in which such high school is located, in addition to a majority of the school board for said town or district, after such notice as the court may order and proof that the educational interests of the town or district require such discontinuance or change.

Source. 1905, 20:1. 1921, 85, IV:34. PL 119:34. RL 138:34. 1943, 41:1, eff. March 3, 1943.

Section 194:36

    194:36 Penalty. – Any town district failing to comply with any of the provisions of this chapter shall be fined for such neglect.

Source. 1891, 64:4. 1921, 85, IV:35. PL 119:35. RL 138:35.

Dissolution of Districts

Section 194:37

    194:37 By Vote. –
I. Any special district organized under a special act of the legislature may, by a majority vote of the qualified voters present and voting at a legal meeting, dissolve its corporate existence and unite with the town district.
II. Any special district or pre-existing special district may vote by warrant article presented at the annual meeting of the school district of which the special district is a part. Only legally registered voters within the boundaries of the special district may vote on the warrant article. Such warrant articles shall be placed on school district warrants in accordance with RSA 197:6.

Source. 1885, 89:1. PS 89:14. 1921, 85, IV:36. PL 119:36. RL 138:36. RSA 194:37. 1988, 7:1, eff. Feb. 24, 1988.

Section 194:38

    194:38 By Petition. – When a town or city is divided into 2 or more districts, either district may petition the state board of education to unite the districts, and, if the board after notice and hearing finds that justice requires action, it may make an order consolidating the districts, and when and after that order is filed and recorded in the office of the secretary of state said town shall constitute a single school district.

Source. 1921, 123:1. PL 119:37. RL 138:37.

Section 194:39

    194:39 Taking Over Property. – In any such case the town district so formed shall forthwith take possession of the schoolhouses, lands, apparatus and other property owned and used for school purposes by the district so dissolved which the district might lawfully sell or convey.

Source. 1887, 110:1. PS 89:15. 1921, 85, IV:37. PL 119:38. RL 138:38.

Section 194:40

    194:40 Adjustments. – The property so taken, and also like property of the district to which the special district is united, shall be appraised by the selectmen of the town, and at the next annual assessment a tax shall be levied upon the whole town district equal to the amount of the whole appraisal; and there shall be remitted to the taxpayers of each district the appraised value of its property.

Source. 1885, 43:2. 1887, 110:1. PS 89:16. 1921, 85, IV:38. PL 119:39. RL 138:39.

Section 194:41

    194:41 Continuance; Trust Funds. – The corporate powers of a district shall continue for the purpose of settling up its affairs and of holding, managing and enjoying any property held by it in trust, notwithstanding its dissolution, but the school board of the district of which it forms a part shall be its agents to expend the income of any such trust property that is devoted to the support of schools.

Source. 1854, 1540:1. GS 78:24. 1870, 8:5. GL 86:28. 1887, 87:1. PS 89:24. 1921, 85, IV:46. PL 119:40. RL 138:40.

Section 194:42

    194:42 Application of Funds. – The school board shall first give to such district or districts such term or character of schooling as would be just and reasonable if no such fund were in existence, and only use the income to lengthen the school or schools, or to carry out the purposes of the trust under which the funds are held.

Source. 1887, 87:2. PS 89:25. 1921, 85, IV:47. PL 119:41. RL 138:41.

Section 194:43

    194:43 Meetings. – Any justice of the peace may, upon application of 3 or more voters, resident within the limits of the dissolved district, call a meeting thereof in the same manner as other school district meetings are called, at which a moderator, clerk and agents may be chosen and any other business transacted for the purposes mentioned in RSA 194:41.

Source. 1887, 75:1. PS 89:26. 1921, 85, IV:48. PL 119:42. RL 138:42.

Section 194:44

    194:44 Records. – The records of dissolved school districts whose corporate existence is not continued for any purpose shall be returned by the clerks of such districts to the town clerk's office for preservation with the public records of the town.

Source. 1885, 43:3. PS 89:27. 1921, 85, IV:29. PL 119:43. RL 138:43.

Dissolution of Districts in 2 Towns

Section 194:45

    194:45 Adjustments. – If a district so dissolved is formed of parts of 2 or more towns an equitable apportionment of its assets and liabilities between such parts shall be made by the selectmen of the towns in which they are situate, acting as a joint board, within 60 days after the dissolution.

Source. 1885, 43:2. 1887, 110:1. PS 89:17. 1921, 85, IV:39. PL 119:44. RL 138:44.

Section 194:46

    194:46 Petition for Referee. – If such joint board fails to make an apportionment within the time limited therefor any taxpayer within the district may apply by petition to a justice of the superior court for the appointment of a referee to make the apportionment.

Source. 1885, 43:2. 1887, 110:1. PS 89:18. 1921, 85, IV:40. PL 119:45. RL 138:45.

Section 194:47

    194:47 Hearing. – The justice shall appoint a time and place of hearing upon the petition, and order notice thereof to be given to all parties interested, and after hearing he shall appoint a referee.

Source. PS 89:19. 1921, 85, IV:41. PL 119:46. RL 138:46.

Section 194:48

    194:48 Notice. – The notice shall be served by posting copies of the petition and order thereon in at least 2 public places in each of said parts, and by giving to the clerk of the dissolved district, and the clerk of each town district in which any part thereof is located, like copies 10 days at least before the day of hearing.

Source. PS 89:20. 1921, 85, IV:42. PL 119:47. RL 138:47.

Section 194:49

    194:49 Referee's Procedure. – The referee shall cause notice of his hearing to be given to all parties interested, in the same manner as is provided in RSA 194:48. He shall hear the parties, make his report in writing, and file a copy thereof with the clerk of the dissolved district and the clerk of each town interested; and the report, so made and filed, shall be final.

Source. 1885, 43:2. 1887, 110:1. PS 89:21. 1921, 85, IV:43. PL 119:48. RL 138:48.

Section 194:50

    194:50 Assessment. – Upon receiving a copy of the apportionment, the selectmen shall assess upon that part of the district within their town the amount for which it is charged, and cause the same to be collected and paid to the town district in which the creditor part of the dissolved district is situated.

Source. 1885, 43:2. 1887, 110:1. PS 89:22. 1921, 85, IV:44. PL 119:49. RL 138:49.

Section 194:51

    194:51 Equalization. – The town district shall take the property and assets of that part of the dissolved district which is situate in such town district, and the selectmen of the town shall assess and remit taxes with reference to the property so taken, and like property of the town district, the same as in other cases.

Source. 1885, 43:2. 1887, 110:1. PS 89:23. 1921, 85, IV:45. PL 119:50. RL 138:50.

Changing District Boundaries

Section 194:52

    194:52 Petition to Selectmen. – Any person interested in severing part of any town therefrom and annexing it to another town, or school district therein, for school purposes may apply therefor by petition to the selectmen of the town from which it is proposed to sever such territory, and to the selectmen of the town to which it is proposed to annex the same.

Source. 1893, 72:1. 1921, 85, IV:50. PL 119:51. RL 138:51.

Section 194:53

    194:53 Hearing. – It shall be the duty of said selectmen, upon notice to such petitioners and to the school boards of the respective towns and school districts interested in the proposed transfer, to hear the parties, and determine whether the reasonable accommodation of such petitioners or others requires such transfer, and to make return of their findings to the clerks of their respective towns in writing within 30 days.

Source. 1893, 72:2. 1921, 85, IV:51. PL 119:52. RL 138:52.

Section 194:54

    194:54 Certificate. – If a majority of each of said boards of selectmen report in favor of such transfer they shall sign a certificate of that fact, describing such territory, and stating that it is annexed to such adjoining town, or district therein, for school purposes, which certificate shall be recorded by the town clerk of each town.

Source. 1893, 72:4. 1921, 85, IV:52. PL 119:53. RL 138:53.

Section 194:55

    194:55 Restoration. – Any territory annexed for school purposes to an adjoining town, or school district therein, may, upon proceedings such as have been prescribed in this subdivision, be restored to the town or district from which it was severed. Such proceedings may be initiated by any person in either the school district to which the territory has been annexed, or the school district of which it was originally a part. The vote to restore annexed territory shall take effect on July 1 of the calendar year one year subsequent to the date on which the restoration vote is passed. For 3 years after such vote becomes effective, the restored territory shall be allowed to send their school children to the schools in the district to which the territory was previously annexed. The district in which the schools are located shall receive tuition for these school children.

Source. 1893, 72:4. 1921, 85, IV:53. PL 119:54. RL 138:54. RSA 194:55. 1988, 112:1, eff. Jan. 1, 1989.

Section 194:56

    194:56 Validity. – The annexation of territory under this subdivision shall have the same force and validity as if made by a special act of the legislature.

Source. 1893, 72:5. 1921, 85, IV:54. PL 119:55. RL 138:55.

Section 194:57

    194:57 Effect. – The selectmen and collector of any town to which part of any other town is annexed for school purposes shall have the same powers and duties in respect to such annexed territory, of furnishing blank inventories and of assessing and collecting taxes for school purposes, and the inhabitants and owners thereof shall for such purposes be subject to the same liabilities, as if such territory were in the town to which it is annexed.

Source. 1893, 72:6. 1897, 26:1. 1921, 85, IV:55. PL 119:56. RL 138:56.

Section 194:58

    194:58 Applicability of Provision. – The foregoing provisions of this subdivision shall not apply to special districts, but only to town districts.

Source. 1897, 26:1. 1921, 85, IV:56. PL 119:57. RL 138:57.

Section 194:59

    194:59 Special Districts. – The selectmen of any town, and the school board of any high school or other special district in the same town, may, upon petition of persons interested, after notice to the school board of the town school district of such town, and after hearing the parties, unite parts of either district to the other, a majority of the board of selectmen and majority of the school board of such special district and a majority of the school board of the town school district concurring therein, and their decision in writing being recorded on the town records.

Source. 1893, 72:7. 1895, 75:1. 1921, 85, IV:57. PL 119:58. RL 138:58.

Department of Corrections Special School District

Section 194:60

    194:60 Special School District; Department of Corrections. –
I. A special school district is established within the department of corrections, under RSA 21-H, solely for the purpose of providing approved education programs pursuant to subparagraph IV(b) of this section to eligible adult offenders under the age of 21 who wish to participate.
II. The special school district shall be exempt from state board of education rules, except that the standards for the education of students with disabilities and all education programs shall be set by an interagency agreement between the department of education and the department of corrections.
III. The special school district shall be exempt from the organizational and budgetary requirements regarding other school districts or chartered public schools. The special state prison school district shall not be required to file financial reports with the department of education or the department of revenue administration.
IV. The special school district shall have authority to perform all duties necessary to operate a school including, but not limited to, the following:
(a) Timely submission of all required education program approval documents and reports to appropriate agencies.
(b) Maintenance of approved education programs which comply with the requirements as provided for in the interagency agreements between the department of corrections and the department of education. The interagency agreements shall set forth the standards for approval of a school program for department of corrections facilities, the graduation requirements necessary for the special school district to issue a high school diploma, and the standards for special education program approval.
(c) Issuance of transcripts.
(d) Performing assessments and developing individual education programs.
(e) Providing fiscal management for the state and federally-funded approved education programs.
(f) Operation of approved education programs in a manner consistent with the legitimate security and safety concerns of a penal institution.
V. The special state prison school district shall not be assigned to a school administrative unit, nor shall it be subject to the provisions of RSA 194-C.
VI. The special state prison school district shall not be eligible to receive any form of state aid to education pursuant to RSA 198, including but not limited to, state building aid, state aid, dual enrollment grants, foundation aid, or alternative foundation aid.
VII. The special state prison school district shall not have a school board.
VIII. The special school district shall not be required to provide special education programs or services to children with disabilities aged 18 through 21 who, in the educational placement prior to their incarceration in an adult correctional facility, were not actually identified as being a child with a disability under RSA 186-C:2, or who did not have an individualized education program prior to their incarceration in an adult correctional facility.

Source. 1998, 270:6. 2008, 354:1, eff. Sept. 5, 2008.

Chartered Public School Use of Unused District Facilities

Section 194:61

    194:61 Unused District Facilities. –
I. In this subdivision, "unused facility" means a school building owned by a school district which is not used for academic purposes, extracurricular activities, administrative school functions, or sports and for which the school district has no school board approved written plan for future use. In order to comply with this paragraph, such school approved plan shall include academic purposes, extracurricular activities, administrative functions, or sports to be used by the school within 2 years of the plan's approval.
II. On January 1, 2022, and on July 1 every year thereafter, the superintendent of each school district shall report to the department of education each unused facility owned by the school district. The department shall establish and maintain a list of unused facilities owned by each school district and make such list available on the department's website.
III. Pursuant to paragraph I, a school district shall offer an unused facility to a chartered public school for purchase or lease as follows:
(a) If a school district's school board extends an offer to purchase or lease an unused facility to a party, other than an approved chartered public school operating in this state, the contract shall include a provision which makes the purchase or lease subject to the right of first refusal by an approved chartered public school operating in this state.
(b) If the offer to purchase or lease is accepted, the school district selling or leasing the unused facility shall notify the charter school administrator of the department of education who shall notify all approved chartered public schools in this state, as listed on the department of education's website, of the contract to purchase or lease the unused facility. The notice provided to the charter school administrator shall contain clear language that the unused facility is available to any approved chartered public school in this state only, and shall list the offering school district's name and location, the square footage of the unused facility, the contact information of the offering school district's representative, and the expiration date of the right of first refusal which shall be 60 days after the date of the notification to the charter school administrator.
(c) A chartered public school that fails to exercise its right of first refusal shall forfeit such right as it pertains to the specific unused facility and any future right or interest in the specific unused facility.
(d) If the offering school district has not received an offer to purchase or lease an unused facility from a party, other than an approved chartered public school operating in this state, a chartered public school may initiate, and the school board of the offering school district shall engage in, good faith negotiations for the purchase or lease of the unused facility.
(e) If 2 or more chartered public schools notify the offering school district indicating an interest in the unused facility to lease or purchase, the offering school district shall make the final selection of the purchaser or lessee.
(f) The criteria used to evaluate parties interested in the purchase or lease of an unused facility shall be public information and shall not be subject to RSA 91-A.
IV. In right of first refusal negotiations with a chartered public school, it shall be the option of the offering school district whether to sell or lease the property under consideration, at fair market value or less, for a term to be agreed upon by the parties. A lease shall include ingress to and egress from the facility, and where a part of a facility is leased, the right to access and use of the common area shared by all tenants and users of the facility. If a chartered public school leases the entire facility, the chartered public school may incur debt to make improvements to the facility, and the school district shall subordinate its interest in the lease to such debt.
V. The chartered public school shall have 6 months after the date of making a written offer to complete the purchase or lease of the unused facility for a price negotiated with the school district.
VI. During the term of a lease, a chartered public school shall be responsible for direct expenses related to the facility or any part of the facility leased, including utilities, insurance, maintenance, property taxes, and repairs.
VII. If a chartered public school plans to sell an unused facility which it has purchased, it shall first offer the facility to the school district from which it was purchased. Such offer shall be governed by the procedures set forth in paragraphs III, IV, and V.

Source. 2021, 186:1, eff. Aug. 10, 2021.