School board authority in New Hampshire

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New Hampshire state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties New Hampshire law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • New Hampshire is one of five states in which school boards have authority to select the timing of school board elections from a limited list of options.
  • New Hampshire is one of 26 states that has a Parents' Bill of Rights.
  • New Hampshire law gives school districts and individual schools some authority over what materials are available to students in the library.

    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states


    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.


    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.


    This page features the following sections:



    School board authority over district policy in New Hampshire

    Enabling or authorizing statute for the boards of school districts in New Hampshire

    See also: Enabling statute

    New Hampshire Statute § 189:1-a creates school district boards and gives them authority to operate according to state law:[1]

    “

    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.[2]

    		”

    New Hampshire school boards' powers and duties

    New Hampshire public school boards of directors are given broad authority to administer the public schools in the New Hampshire. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • purchasing furniture, books, maps, charts, apparatus and conveniences and
    • providing insurance benefits for school employees.

    The list of powers and duties school district boards are charged with appears in New Hampshire Statutes § 194:3 and are as follows:[3][4]

    “

    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 nonsectarian private 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.

    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. [2]

    		”

    Constraints on New Hampshire school boards' authority

    This section tracks constraints on school boards specific to New Hampshire as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on New Hampshire school boards' authority by topic

    This section features constraints on New Hampshire school boards' authority on policies related to the following topics:

    Curriculum requirements

    New Hampshire requires the following specific topics to be included in each district's curriculum:[5][6]

    • English, language arts, and reading,
    • mathematics,
    • science,
    • social studies, civics, and government,
    • economics,
    • geography,
    • history,
    • Holocaust and genocide education,
    • music and visual arts,
    • world languages,
    • health, wellness, and physical education,
    • engineering, technology, and technology applications,
    • personal financial literacy,
    • computer science and digital literacy, and
    • logic and rhetoric.

    Curriculum restrictions

    Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

    Federal law and guidance

    Book bans, removals, and restrictions

    Though New Hampshire statutes don't clearly authorize school boards to remove books from school libraries, they do have authority over the individual schools' curation of appropriate library materials.[8]

    “ (a) The local school board shall require that each school:

    (1) Provides a developmentally appropriate collection of instructional resources, including online and print materials, equipment, and instructional technologies, that shall be current, comprehensive, and necessary to support the curriculum as well as the instructional needs of the total school population;

    (2) Provides that instructional resources are, as appropriate:

    a. Catalogued and classified according to practices accepted by the American Library Association as specified in the Anglo-American Cataloguing Rules, Second Edition (AACR2), 2005 update as referenced in Appendix II;

    b. Organized to make them accessible to students and staff;

    c. Managed through circulation policies and procedures that are designed to maximize the use of the resources; and

    d. Utilize community resources;

    (3) Provides instructional resources to all students and staff from designated space(s) in each school, including:

    a. Ready access to instructional resources, including those available online or through interlibrary loan;

    b. Instruction in:

    1. Accessing information efficiently and effectively;

    2. Evaluating information and sources critically and competently;

    3. Citing sources and not plagiarizing;

    4. Using information accurately and creatively;

    5. Pursuing information related to personal interests;

    6. Appreciating literature and other creative expressions of information;

    7. Striving for excellence in information-seeking and knowledge generation;

    8. Recognizing the importance of information to a democratic society;

    9. Practicing ethical behavior in regard to information and information technology; and

    10. Participating effectively in groups to pursue and generate information; and

    c. Activities to promote the development of reading, viewing, and listening skills; and

    (4) Implements a written plan for the ongoing development, organization, acquisition, maintenance, replacement, and updating of instructional resources necessary to support the needs of the user population and the curriculum.

    (b) At a minimum, the plan implemented under (a)(4) above shall:

    (1) Provide an analysis and assessment of the present instructional resources based on:

    a. The needs of the user population and the curriculum;

    b. Accessibility of instructional resources to all students and staff;

    c. Strengths and weaknesses of the present instructional resources; and

    d. Resources available within the district, the local community, and beyond;

    (2) Reflect developing instructional technologies; and

    (3) Establish priorities, criteria, timelines, and procedures for the selection, acquisition, maintenance, and replacement of instructional resources which shall include but not be limited to:

    a. Online materials;

    b. Print materials;

    c. Equipment; and

    d. Instructional technologies.[2]

    		”

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[9][10][11]

    Federal guidance


    Parental notification

    New Hampshire statutes require school boards to notify parents in the following circumstances:[13][14]

    • curriculum is going to be taught regarding sexual orientation, gender, gender identity, or gender expression,
    • seclusion, restraint, or physical contact has been used in discipling or responding to aggression from a parent's child,
    • a parent's child has been truant,
    • a parent's child has been the victim of an act of theft, destruction, or violence,
    • the child has been the victim of bullying or cyberbullying,
    • a parent's child is going to be suspended, expelled, or disciplined otherwise, or
    • a complaint has been filed on behalf of the parent's child by someone other than the parent.

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[15]

    Discipline

    See also: How does New Hampshire compare to other states on school board authority over disciplinary policy?

    New Hampshire is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of New Hampshire Statutes New Hampshire Revised Stautes. § 193:13 is as follows:[16]

    “

    XI. School boards and chartered public schools shall establish policies on school discipline that contain a system of supports and consequences designed to correct student misconduct and promote behavior within acceptable norms. Such policies shall: (a) Include a graduated set of age appropriate responses to misconduct that may include, but are not limited to, parent conferences, counseling, peer mediation, instruction in conflict resolution and anger management, parent counseling and training, community service, rearranging class schedules, restriction from extra curricular activities, detention, in-school supports and consequences, out-of-school suspension, and expulsion. (b) Set forth standards for short term suspensions up to 5 days, short term suspensions up to 10 days, long term suspensions up to 20 days, and expulsion. Such standards shall make reference to the nature and degree of disruption caused to the school environment, the threat to the health and safety of pupils and school personnel, and the isolated or repeated nature of incidents forming the basis of disciplinary action. [2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in New Hampshire, How does New Hampshire compare to other states on school board authority over election timing?

    New Hampshire is one of five states in which school boards have authority to select the timing of school board elections from a limited list of options.

    Click here to read about the laws governing school board elections in New Hampshire.

    Public school choice and open enrollment

    See also: School choice in New Hampshire

    State law requires school districts to authorize parents to transfer their students to another school within the residential district as long as there is enrollment capacity. School districts can also designate individual schools to have open enrollment policies. State law also requires school boards to include any expenditures for open enrollment programs in their budgets. The text of the law is as follows:[18]

    “

    293:1 Change of School or Assignment; Best Interest of Student.

    I.(a) The parent or guardian of a student may apply to the superintendent of the student's district of residence to change the student's school or assignment to another specific public school, public academy, or an approved private school within the district. The parent or guardian of a student may also apply to the superintendent of the student's district of residence if the parent or guardian believes it would be in the best interest of the student to change the student's school or assignment to another public school, public academy, or an approved private school which is outside the district. Unless the student is experiencing a manifest educational hardship, applications pursuant to this paragraph shall be made no later than July 1 for the upcoming school year.

    (b) For requests to change assignments to schools outside the district, or for requests made after July 1 for the upcoming school year, the superintendent shall schedule a meeting with the parent or guardian, to be held within 10 days of the request.

    (c) Prior to or at such meeting, the parent or guardian shall make a specific request that the student be re-assigned by the school board to another public school, public academy, or an approved private school within the district or to a public school, public academy, or an approved private school in another district. If such a request is made to reassign the student to another public school, public academy, or approved private school within the school district, the superintendent shall approve the request unless it fails to meet the requirements under this section.

    (d) At such meeting, the parent or guardian may present documents, witnesses, or other relevant evidence supporting the parent's belief that it is in the best interest of the student to change the student's school or assignment. The superintendent may present such information as he or she deems appropriate.

    (e) In determining whether to authorize a request to transfer to another school within the district, the superintendent shall consider only whether the specifically requested school has the ability to accommodate the student based on existing school capacity. In determining whether it is in the best interest of the student to change the student's school or assignment to a school outside the district, the superintendent shall consider the student's academic, physical, personal, or social needs.

    (f) If the superintendent finds it is in the best of the interest of the student to change the student's school or assignment to a school outside the district, or finds the requested school in the district has the ability to accommodate the student, the superintendent shall initiate:

    (1) A change of assignment within the student's current assigned school;

    (2) The student's transfer to another public school or public academy within the district of residence; or

    (3) The student's transfer to a public school, public academy, or an approved private school in another district.

    (g) If a student is reassigned to a public school or public academy outside the district of residence, the superintendents or administrators involved in the reassignment shall jointly establish a tuition rate for such student. Some or all of the tuition may be waived by the superintendent of the receiving district for good cause shown or pursuant to school board policy of the receiving district. The school board of the student's district of residence shall approve the payment of tuition upon the superintendent's finding that it is in the best interest of the student to be reassigned. Transportation shall be the responsibility of the parent or legal guardian.

    (h) If the student is reassigned as the result of a best interest determination to an approved private school, the private school may charge tuition to the parent or may enter into an agreement for payment of tuition with the school district in which the child resides.

    (i) If the superintendent does not find that it is in the best interest of the student to change the student's school or assignment to a school outside the district, or finds that the requested school in the district is unable to accommodate the student, the parent or guardian may request a hearing with the school board of residence to determine if the student is experiencing a manifest educational hardship under paragraph II.

    (j) The school board of each school district shall adopt a policy addressing instances in which there are more requests to transfer to a school than there is ability to accommodate students based on existing school capacity pursuant to subparagraph (e).[2]

    		”
    “

    194-D:1 - Education; Open Enrollment Schools; Definitions.

    I. "Open enrollment public school", "open enrollment school", or "open enrollment program" means any public school which, in addition to providing educational services to pupils residing within its attendance area or district, chooses to accept pupils from other attendance areas within its district and from outside its district.

    194-D:2 Establishment; Parental Choice; Admission. –

    I. Any school district legislative body may vote to designate one or more of its schools as an open enrollment school.

    II. Open enrollment schools shall operate under the same laws, rules, and policies as any other public school, except as provided in this chapter.

    III. No public school, except a chartered public school, shall be required to be an open enrollment school.

    IV. A school district may predetermine the number of pupils residing outside an open enrollment school's district or attendance area it deems appropriate to accept.

    V. Applications may be made on behalf of eligible pupils to more than one open enrollment school within the state.

    VI. Every open enrollment school shall make available information about its curriculum and policies to all persons, and parents and pupils considering enrollment in that school.

    VII. There shall be no application fee for pupil admission to any open enrollment school.

    VIII. A pupil who meets the admission requirements of an open enrollment school, and who is a resident of the district where the school is located or is a dependent child of active duty military personnel whose move resulted from military orders, shall be given absolute admission preference over a nonresident pupil. Once admitted and unless expelled, open enrollment school pupils need not reapply for admission for subsequent years.

    IX. Attendance at an open enrollment school for the purposes of transportation shall not constitute assignment under the provisions of RSA 189:6 and RSA 189:8. Pupils who reside in the school district in which the open enrollment school is located shall be provided transportation to that school by the district on the same terms and conditions as provided for in RSA 189:6 and RSA 189:8 and that transportation is provided to pupils attending other public schools within that district. However, any added costs for such transportation services shall be borne by the open enrollment school. For the purposes of open enrollment, neither the sending nor the receiving school district shall be obligated to provide transportation services for pupils attending an open enrollment school outside the pupil's resident district.

    X. Upon approval by each of the district's legislative bodies and after a public hearing, 2 or more school districts may consolidate otherwise eligible resident pupils into one applicant pool for the purposes of an admissions lottery for designated open enrollment schools.

    XI. Military-connected students as defined in RSA 110-E:1 who are the dependent children of a member of the active uniformed military services of the United States on full-time active duty status and students who are the dependent children of a member of the military reserve on active duty orders shall be eligible for admission to the school district of their choice. Students shall be eligible if:

    (a) At least one parent of the student has a Department of Defense-issued identification card; and

    (b) At least one parent can provide evidence that he or she will be on active duty status or active duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation or a natural disaster requiring the use of orders for more than 30 consecutive days.

    XII. A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.

    194-D:5 Funding.

    I. There shall be no tuition charge for any pupil attending an open enrollment school located in that pupil's resident district. For an open enrollment school authorized by a receiving school district, the pupil's sending district shall pay the receiving district an amount equal to not less than 80 percent of the sending district's average cost per pupil as determined by the Department of Education using the most recent available data as reported by the sending district to the department.

    II. In accordance with current Department of Education standards, the funding and educational decision-making process for children with disabilities attending a chartered public or open enrollment school shall be the responsibility of the sending school district and shall retain all current options available to the parent and to the school district.

    III. The commissioner of the Department of Education shall apply for all federal funding available to open enrollment schools or other federal sources of funds. The commissioner shall expend any such funds received in a manner acceptable to the funding source.

    IV. A sending district may provide funds, services, equipment, materials, or personnel to an open enrollment school, in addition to the amounts specified in this section in accordance with the policies of the sending school district.

    V. An open enrollment school may accept pupils at tuition rates at less than the amounts established by this chapter.

    VI. An open enrollment school may receive financial aid, private gifts, grants, or revenue as if it were a school district.

    194-D:6 Budgets.

    Each school district shall establish a line item in their operating budget, on an annual basis, reflecting estimated expenditures for open enrollment school tuition and offsetting revenue estimates from sending school districts. [2]

    		”

    Charter schools

    See also: Charter schools in New Hampshire, How does New Hampshire compare to other states on school board authority over charter schools?

    New Hampshire is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    Local school boards have the authority to approve or deny charter school applications. Once these applications are approved by the local board, they must also be approved by the state board of education.[19]

    “

    (b) Proposed applications and contracts to establish a chartered public school shall be presented by July 1 of the year preceding intended operation of the chartered public school by its prospective board of trustees to the school board of the district in which the chartered public school intends to be located. The school board shall hold at least one public hearing on the application prior to September 15.

    (c) By September 15 of the given year, the school board shall have completed its review of the proposed application and shall have granted or denied its approval. In its review the school board shall grant or deny the proposed application, using as its criteria whether or not the proposed application and contract contain and address the elements required under RSA 194-B:3, II. The school board reserves the right to suggest amendments or additions to the proposed application as it deems necessary to assure its completeness and compliance with this chapter. The school board shall forward the proposed application and contract, along with its approval or denial and a written statement specifying any areas deemed deficient, to the state board and to the applicant's prospective board of trustees...[2]

    		”

    Cellphone bans

    See also: How does New Hampshire compare to other states on cellphone laws?

    New Hampshire is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. New Hampshire Governor Kelly Ayotte (R) signed the state budget bill, House Bill (HB) 2, on June 30, 2025, requiring school districts to adopt cellphone policies that prohibit use during the school day. The bill authorizes the school superintendent or their designee to approve exceptions related to student medical, disability, or language proficiency needs. The bill requires school boards to collaborate with school parents and teachers to establish the local policy and review it annually.[20]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[21][22]

    New Hampshire school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, the Master Agreement between the Ashland School Board and the Ashland Teachers' Association mandates that if a teacher is required to appear before the board on a matter which could adversely influence their employment, they are entitled to notice and representation.[23]

    “

    C. The School Board agrees that no teacher shall be required to appear before a regularly or specially scheduled meeting of the School Board on any matter which could adversely influence the employment of the teacher unless said teacher has been given prior written notice of the reason for such appearance at least five (5) days in advance of the meeting.

    D. Any teacher required to appear before the School Board shall be entitled to have a representative of the teacher’s choice to advise and represent said teacher at the appearance. [2]

    		”

    Parents' bill of rights

    See also: How does New Hampshire compare to other states on Parents' Bills of Rights?

    New Hampshire is one of 26 states that has a Parents' Bill of Rights.

    New Hampshire Governor Kelly Ayotte (R) signed House Bill 10 on June 10, 2025, establishing a statewide Parents' Bill of Rights. It includes the following parental rights:

    • To direct the education, including the right to choose to enroll the minor child in an assigned resident public school, a public charter school, a non-public school, including a religious school, a home education program, or any other state-based education program
    • To inspect any instructional material used as part of the educational curriculum within a reasonable period following a request
    • To inquire of the school or school personnel and promptly receive accurate, truthful, and complete disclosure regarding any and all matters related to their minor child

    The full text of the law is as follows:[24]

    “ 189-B:4 Parental Rights.

    I. All parental rights are reserved to the parents of a minor child in this state without obstruction or interference from any school. These rights include, but are not limited to, the right:

    (a) To direct the upbringing and the moral or religious training.

    (b) To direct the education, including the right to choose to enroll the minor child in an assigned resident public school, a public charter school, a non-public school, including a religious school, a home education program, or any other state-based education program, as authorized by law, as an alternative to public education, as set forth in RSA 193:1 and RSA 194-F:1, et seq.

    (c) To request that a minor child be enrolled in a public school other than the public school assigned to them by their residence to avoid a manifest educational hardship, as set forth in RSA 193:3.

    (d) To enroll his or her minor child in gifted or special education programs if the child qualifies for such programs.

    (e) To inquire of the school or school personnel and promptly receive accurate, truthful, and complete disclosure regarding any and all matters related to their minor child, unless an immediate answer cannot be provided when the initial request is made, in which case, the answer shall be provided no later than 10 business days after the request.

    (f) To be informed of the school’s policy regarding discipline policies and procedures, as set forth in RSA 193:13.

    (g) To obtain access for a minor child to public curricular courses and co-curricular programs offered by the local school district where the student resides while choosing to enroll their child in a non-public, public chartered, home education, or any other state-based education program, as set forth in RSA 193:1-c and RSA 194-F:2, II(d).

    (h) To inspect any instructional material used as part of the educational curriculum within a reasonable period following a request, as set forth in 20 U.S.C. section 1232h(c)(1)(C).

    (i) To opt out of health or sex education and any other objectionable material, as set forth in RSA 186:11, IX-b and IX-c.

    (j) To be advised of and have the right to opt the minor child out of any nonacademic survey or questionnaire.

    (k) To opt out of any district-level data collection relating to his or her minor child not required by federal or state law.

    (l) To exempt their public-school minor child from participating in required statewide assessments in English, language arts, mathematics, and/or science, as set forth in RSA 193-C:6.

    (m) To receive information regarding the level of achievement and academic growth of their minor child in the state academic assessments in English, language arts, mathematics, and/or science, as set forth in the Every Student Succeeds Act, 20 U.S.C. section 1112 (e)(1)(B)(i).

    (n) To receive a school report card and be informed of his or her minor child’s attendance requirements and compliance with such requirements.

    (o) To access and review all education records relating to their minor child within 10 business days after the day the school receives a request for access, as set forth in RSA 189:66, IV and 34 C.F.R. 99.5.

    (p) To consent in writing before the state or any of its political subdivisions, including, without limitation, any school pursuant also to the provisions of RSA 189:68, III-V, makes a video or voice recording, unless such recording is made during or as part of a court proceeding or part of a forensic interview in a criminal or other investigation by the bureau of child protective services or it is to be used solely for the purpose of a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles.

    (q) To be notified whenever seclusion or restraint has been used on their minor child as set forth in RSA 126-U:7.

    (r) To access and review all medical records of their minor child maintained by a school or school personnel, unless otherwise prohibited by law.

    (s) To exempt their minor child from immunizations if, in the opinion of a physician, the immunization is detrimental to the child’s health or because of religious beliefs, as set forth in RSA 141-C:20-a and RSA 141-C:20-c.

    II. Federal law provides for additional parent and family involvement for schools that are receiving Title I, Part A; Title I, Part C (migrant); Title III, Part A (EL) funds, including:

    (a) The right to receive information, including student reports, in an understandable and uniform format and to the extent practicable, in a language that parents can understand, as set forth in 20 U.S.C. sections 1112(e)(4); 1114(b)(4); 1116(e)(5); and 1116(f).

    (b) Upon request of the parent, the right to receive information regarding state qualifications of the student’s classroom teachers and paraprofessionals providing services to their minor child, as set forth in 20 U.S.C. section 1112(e)(1)(A)(i-ii).

    (c) The right to receive an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency, as set forth in 20 U.S.C. section 1111(h)(2)(A-B)(i-iii).

    189-B:5 School Board Notifications on Parental Rights.

    I. Each school shall, in consultation with parents and school personnel, develop, adopt, and promulgate publicly a policy to promote parental involvement in the school. Such policy shall include:

    (a) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline.

    (b) A procedure for a parent to learn about his or her minor child’s course of study, including the source of any supplemental education materials.

    (c) Procedures for a parent to object to instructional materials and other materials used in the classroom. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful. For purposes of this section, the term “instructional materials” shall include, without limitation, all materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students.

    (d) Procedures for a parent to withdraw his or her child from any portion of the school district’s health education program that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child’s participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her child from those portions of the course.

    (e) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child’s school, including those that are extracurricular or part of the school curriculum.

    (f) Procedures for a parent to learn about parental rights and responsibilities under law.

    II. Each school board shall publish the parental bill of rights as set forth in RSA 189-B:4, in their annual reports. Each school board shall also publish the parental bill of rights on their website and in their school handbook or similarly intended publication.

    III. A parent may request, in writing, from the district school superintendent, the information required under this section pursuant to RSA 91-A.

    189-B:6 Exceptions.

    Nothing in this chapter shall:

    I. Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of law.

    II. Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in their official capacity.

    III. Require disclosure of information provided to any counselor, school psychologist, school nurse, or other certified health care provider where the information provided was reasonably expected to be privileged.

    189-B:7 Violations.

    I. No school or school personnel shall infringe upon any of the parental rights set forth in RSA 189-B:4, unless the infringement is supported by clear and convincing evidence and is narrowly tailored to address the compelling state interest.

    II. Any parent claiming violation of any provision of this chapter may bring an action for declaratory or injunctive relief, or both, and monetary damages against the school. If a parent prevails in any such court action, the court shall award to the parent his or her reasonable attorneys’ fees and court costs, including any such attorneys’ fees and court costs incurred in an appeal to the supreme court.

    189-B:8 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

    189-B:9 Applicability. No provision of this chapter is meant to restrain or interfere with any state or local law enforcement agency investigations of criminal violations of New Hampshire law by a minor.[2]

    		”


    How does New Hampshire compare to other states?

    This section compares New Hampshire's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.


    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.


    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.


    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[25]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.



    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • New Hampshire Governor vetoes bill to porhibit obscene or harmful sexual materials in schools (2025): New Hampshire Governor Kelly Ayotte (R) vetoed House Bill 324 on July 17, 2025, to block a bill that was designed to prohibit what the bill calls obscene or harmful materials in schools and allow parents or gudardians to challenge material on those grounds. The Manchester Board of School Committee asked Ayotte to veto the bill in April 2025, saying the definitions of obscene or harmful were vague and that the district already had a policy regarding school materials.[26][27]
    • Judge rules that state board lacked appellate authority to require local school board to fund private education (2025): A Merrimack County Superior Court judge ruled on July 8, 2025, that the New Hampshire State Board of Education did not have the authority to require a local school board to sign a tuition agreement with any particular school. The case originated when a parent in the school district, which did not operate its own high school, asked the school board to fund students to attend a private high school. The parent appealed the case to the New Hampshire State Board of Education when the local school board did not comply with the request. The judge ruled that the parent had no legal basis for demanding that the school board provide funding, and therefore, the state Board of Education did not have appellate authority in this case.[28]
    • New Hampshire adopts K-12 cellphone ban (2025): New Hampshire Governor Kelly Ayotte (R) signed the state budget bill, House Bill (HB) 2, on June 30, 2025, requiring school districts to adopt cellphone policies that prohibit use during the school day. The bill authorizes the school superintendent or their designee to approve exceptions related to student medical, disability, or language proficiency needs. The bill requires school boards to collaborate with school parents and teachers to establish the local policy and review it annually.[29]
    • New Hampshire adopts statewide Parents' Bill of Rights (2025): New Hampshire Governor Kelly Ayotte (R) signed House Bill 10 on June 10, 2025, establishing a statewide Parents' Bill of Rights. It includes, but is not limited to, the right for parents to opt students out of health or sex education, to inspect all records regarding their child, and to direct the upbringing and education of their child.[30]
    • Federal judge strikes down New Hampshire law against teaching divisive concepts (2024): Judge Paul Barbadoro for the United States District Court for the District of New Hampshire on May 28, 2024, ruled against a New Hampshire state law limiting K-12 instruction on race, gender, sexual orientation, disabilities, and certain other topics. The judge struck down the law, arguing that it was unconstitutionally vague. The law was enacted in 2021 to prohibit teaching what the bill referred to as divisive concepts in public schools.[31][32]
    • New Hampshire lawmakers consider parental involvement in sexual education bill (2024): New Hampshire lawmakers and members of the public discussed proposed sex education legislation during a hearing on January 31, 2024, relating to HB 1185, which proposed requiring parental consent for public school sexual education and the provision of sexual education materials at the start of each academic year. In addition, the bill proposed prohibiting teaching sexual lifestyles, defined as being heterosexual, homosexual, transsexual, asexual, celibate, or gender fluid, in sex education curricula.[33]

    See also


    Footnotes

    1. ↑ Justia Law, "NH Rev Stat § 189:1-a (2023)," March 21, 2025
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Justia Law, "NH Rev Stat § 194:3 (2023)," March 15, 2025
    4. ↑ Justia Law, "NH Rev Stat § 189:1-a (2023)," March 21, 2025
    5. ↑ Justia Law, "NH Rev Stat § 186:11 (2024)," March 16, 2025
    6. ↑ Justia Law, "NH Rev Stat § 193-E:2-a (2024)," March 16, 2025
    7. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    8. ↑ Case Text, "NH. Admin. Code § ED 306.08," March 16, 2025
    9. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    10. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    11. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    12. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    13. ↑ NH Business Review, "Parental notification law sparks uncertainty with New Hampshire educators," October 17, 2024
    14. ↑ National Center on Safe Supportive Learning Environments, "New Hampshire School Discipline Laws & Regulations: Parental Notification," March 21, 2025
    15. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
    16. ↑ Case Text, "N.H. Rev. Stat. § 193:13, March 16, 2025"
    17. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    18. ↑ Justia Law, "NH Rev Stat § 194-D:2 (2024)," March 16, 2025
    19. ↑ Justia Law, "NH Rev Stat § 194-B:3 (2024)," March 16, 2025
    20. ↑ New Hampshire General Court, "HOUSE BILL 2-FN-A-LOCAL - AN ACT relative to state fees, funds, revenues, and expenditures." accessed July 23, 2025
    21. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    22. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    23. ↑ New Hampshire Public Employee Labor Relations Board, "Master Agreement between the Ashland School Board and the Ashland Teachers' Association," March 15, 2025
    24. ↑ Legiscan, "New Hampshire House Bill 10," accessed June 11, 2025
    25. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    26. ↑ Manchester Ink Link, "School Committee asking Ayotte to veto book ban bill," accessed August 27, 2025
    27. ↑ Legiscan, "New Hampshire House Bill 324," accessed August 27, 2025
    28. ↑ Boston Globe, "New Hampshire judge sees limit on state education board’s authority in school-choice dispute," accessed August 13, 2025
    29. ↑ New Hampshire General Court, "HOUSE BILL 2-FN-A-LOCAL - AN ACT relative to state fees, funds, revenues, and expenditures." accessed July 23, 2025
    30. ↑ Legiscan, "New Hampshire House Bill 10," accessed June 11, 2025
    31. ↑ ABC News, "New Hampshire's limits on teaching on race and gender are unconstitutional, judge says," May 29, 2024
    32. ↑ United States District Court for the District of New Hampshire, "Local 8027, AFT-N.H., AFL-CIO, et al., v. Frank Edelblut, Commissioner, N.H. Department of Education, et al." May 28, 2024
    33. ↑ LegiScan, "New Hampshire House Bill 1185," January 31, 2024
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