TITLE XV
EDUCATION

CHAPTER 189
SCHOOL BOARDS, SUPERINTENDENTS, TEACHERS, AND TRUANT OFFICERS; SCHOOL CENSUS

School Boards, Transportation and Instruction of Pupils

Section 189:1-a

    189:1-a Duty to Provide Education. –
I. It shall be the duty of the school board to provide, at district expense, elementary and secondary education to all pupils who reside in the district until such time as the pupil has acquired a high school diploma or has reached age 21, whichever occurs first; or if the pupil is a "child with a disability" under RSA 186-C:2, I, until such time as the pupil has acquired a high school diploma or reached age 21 inclusive; provided, that the board may exclude specific pupils for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school, and further provided that this section shall not apply to pupils who have been exempted from school attendance in accordance with RSA 193:5.
II. Elected school boards shall be responsible for establishing the structure, accountability, advocacy, and delivery of instruction in each school operated and governed in its district. To accomplish this end, and to support flexibility in implementing diverse educational approaches, school boards shall establish, in each school operated and governed in its district, instructional policies that establish instructional goals based upon available information about the knowledge and skills pupils will need in the future.
III. School boards shall adopt a teacher performance evaluation system, with the involvement of teachers and principals, for use in the school district. A school board may consider any resources it deems reasonable and appropriate, including any resources that may be provided by the state department of education. In this paragraph, "teacher" shall have the same meaning as in RSA 189:14-a, V.
IV. Pursuant to RSA 193:3, VI, a school board may execute a contract with any approved nonpublic school approved by the school board as a school tuition program as defined in RSA 193:3, VII to provide for the education of a child who resides in the school district, and may raise and appropriate money for the purposes of the contract, if the school district does not have a public school at the pupil's grade level and the school board decides it is in the best interest of the pupil.
V. School boards and the board of trustees of chartered public schools shall develop and adopt a policy governing the use of student cell phones and other personal electronic communication devices in schools. Such policy shall prohibit all personal communication device use by students from when the first bell rings to start instructional time until the dismissal bell rings to end the academic school day, with approved exceptions determined by the superintendent or their designee with respect to student medical, disability, or language proficiency need. Such policy shall be developed in collaboration with school parents and teachers and shall be reviewed annually. School district and chartered public school policies shall not prohibit students with medical needs, such as insulin pumps and glucose sensors, or disabilities from using a device to support their learning as identified by their individualized education program (IEP), plan developed under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, or when required to support emergent multilingual students with appropriate language access programs and services pursuant to Title VI of the Civil Rights Act of 1964.

[Paragraph VI effective January 1, 2027.]


VI. School boards and the board of trustees of chartered public schools shall develop and adopt a policy governing the questioning of a student who is minor by any person who is not an employee of the school district or school administrative unit, and certain employees of the school district described herein. The policy shall prohibit the questioning of a minor student without expressed prior written parental or guardian permission, by non-employee persons including but not limited to persons who are attorneys, paralegals, and law enforcement personnel, as well as such persons in these professions who are employees of the school district or school administrative unit. Such persons shall not be present during questioning of a minor student by school employees without prior written parental or guardian permission. The policy shall also require that an adult student be asked if they want their parents or guardians notified, with the opportunity for the parents or guardians to be present during any such questioning. Parents and guardians of their minor student, and of their adult student if the adult student consents, shall have a right to be present during any questioning, and shall have the right to have their own attorney present. Parents and guardians of minor students and adult students aggrieved by a violation of this chapter may petition the superior court for declaratory and equitable relief, in the same manner as taxpayers pursuant to RSA 189:77. Nothing in this paragraph shall prevent personnel from the division of children, youth and family services or law enforcement from questioning a minor student without parental notice if the question is part of a legitimate child welfare inquiry under RSA 169-C.

Source. 1969, 356:10. 1973, 72:28. 1975, 22:1. 1983, 84:1. 2011, 108:1. 2013, 243:1. 2017, 182:1, eff. Aug. 28, 2017. 2023, 7:4, eff. June 25, 2023. 2025, 141:455, eff. July 1, 2025; 210:1, eff. July 15, 2025. 2026, 340:1, eff. Jan. 1, 2027.