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RSA 189:1-a · Duty to Provide Education

Title
XV: EDUCATION
Chapter
189 · SCHOOL BOARDS, SUPERINTENDENTS, TEACHERS, AND TRUANT OFFICERS; SCHOOL CENSUS
Status
current
Official source linked
Yes
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189:1-a Duty to Provide Education. –

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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.

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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.

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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.

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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.

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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. 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.

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Source note

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.

Source history

  • 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

Related materials

Bill relationships

  • 2026 HB1055 amend

    nes and personal communication devices in schools. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Duty to Provide Education. Amend RSA 189:1-a, V to read as follows: 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 devic

  • 2026 HB1129 amend

    olicies. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Duty to Provide Education; Cell Phone Use Policies; Exception Added. Amend RSA 189:1-a, V to read as follows: 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 dev

  • 2026 HB1132 amend · effective 2026-09-01

    ited flags and banners. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Display of Flags and Banners Prohibited. Amend RSA 189 by inserting after section 17-b the following new section: 189:17-c Display of Flags and Banners Prohibited. All public schools and public charter schools shall be prohibited from displaying any flag or banner insi

  • 2026 HB1267 amend · effective 2027-01-01

    n present. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Duty to Provide Education; Questioning of Students. Amend RSA 189:1-a by inserting after paragraph V the following new paragraph: 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

  • 2026 HB1467 amend · effective 2026-07-04

    ent program. Be it Enacted by the Senate and House of Representatives in General Court convened: 36:1 New Section; Seal of Civic Excellence and Engagement Program. Amend RSA 189 by inserting after section 11-d the following new section: 189:11-e Seal of Civic Excellence and Engagement Program. I. A school board or school administrative unit board may affix the New Hampshire state seal of

  • 2026 HB1467-FN amend · effective 2026-07-04

    ent program. Be it Enacted by the Senate and House of Representatives in General Court convened: 36:1 New Section; Seal of Civic Excellence and Engagement Program. Amend RSA 189 by inserting after section 11-d the following new section: 189:11-e Seal of Civic Excellence and Engagement Program. I. A school board or school administrative unit board may affix the New Hampshire state seal of

  • 2026 HB1669 amend

    g a teacher bill of rights. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Teacher Bill of Rights; Established. Amend RSA 189 by inserting after section 42 the following new section: 189:42-a Teacher Bill of Rights. I. For the purposes of this section, "teacher" means every person employed as a teacher or instructor in public schools o

  • 2026 HB1804 amend · effective 2028-01-01

    its students, appointed by the governor and council. 12 New Paragraphs; Education; School Boards, Transportation, and Instruction of Pupils; Duty to Provide Education. Amend RSA 189:1-a by inserting after paragraph V the following new paragraphs: VI. School boards shall oversee the provision and administration of: (a) Development, review, and evaluation of curricula, and coordination of the imp

  • 2026 HB1804-FN amend · effective 2028-01-01

    its students, appointed by the governor and council. 12 New Paragraphs; Education; School Boards, Transportation, and Instruction of Pupils; Duty to Provide Education. Amend RSA 189:1-a by inserting after paragraph V the following new paragraphs: VI. School boards shall oversee the provision and administration of: (a) Development, review, and evaluation of curricula, and coordination of the imp

  • 2026 HB1827 amend · effective 2027-07-01

    it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Department of Education School Employee Criminal History Records Check. Amend RSA 189 by inserting after section 13-c the following new section: 189:13-d Department of Education School Employee Criminal History Records Check. I. As used in this section: (a) "Educational personnel" means an in

  • 2026 HB1827-FN-A amend · effective 2027-07-01

    it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Department of Education School Employee Criminal History Records Check. Amend RSA 189 by inserting after section 13-c the following new section: 189:13-d Department of Education School Employee Criminal History Records Check. I. As used in this section: (a) "Educational personnel" means an in

  • 2026 HB1828 amend

    secondary educational level. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Preparation Program Literacy Audit. Amend RSA 189 by inserting after section 58 the following new section: 189:58-a Preparation Program Literacy Audit. I. The department of education shall review New Hampshire approved professional preparation programs to: (a)