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RSA 194-F:9 · Legal Proceedings

Title
XV: EDUCATION
Chapter
194-F · EDUCATION FREEDOM ACCOUNTS
Status
current
Official source linked
Yes
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194-F:9 Legal Proceedings. –

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I.

In any legal proceeding challenging the application of this chapter to an education service provider, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on the education service provider.

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II.

No liability shall arise on the part of the scholarship organization or the state or of any public school or school district based on the award of or use of an EFA pursuant to this chapter.

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III.

If any part of this chapter is challenged in a state court as violating either the state or federal constitutions, parents of eligible and/or EFA students shall be permitted to intervene as of right in such lawsuit for the purposes of defending the EFA program's constitutionality. However, for the purposes of judicial administration, a court may require that all parents file a joint brief, so long as they are not required to join any brief filed on behalf of any named state defendant.

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IV.

If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, such invalidity shall 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 declared to be severable. Source. 2021, 91:431, eff. Aug. 24, 2021.

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Source note

Source. 2021, 91:431, eff. Aug. 24, 2021.

Source history

  • 2021, 91:431, eff. Aug. 24, 2021

Related materials

Bill relationships

  • 2026 HB1264 reference

    II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. III. The committee shall monitor the implementation of RSA 194-F, including the review of student data, eligibility requirements, and EFA expenditures as well as the impact of state education funding to local district schools. [, and] The committee shall also make recommendations for

  • 2026 HB1268 add · effective 2027-01-01

    , coordinated, or directed by a parent for his or her own child. This definition shall not include a student participating in the education freedom account program established in RSA 194-F. V. “Parent" means a parent, guardian, or person having legal custody of a child. VI. “Resident district" means the school district in which the child resides. 193-A:2 Program Established; Purpose. The general co

  • 2026 HB1412 reference

    lic charter school, public academy, or private school. (a) For the purposes of this section, "private school" shall not include a recipient of an education freedom account under RSA 194-F that is not an elementary or secondary school located in the state. (b) Schools may opt out of the applicability of this chapter for religious or political beliefs of the school community if approved by the local scho

  • 2026 HB1512 amend · effective 2026-07-01

    chers. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Education; Education Freedom Accounts; Municipal Opt-Out. Amend RSA 194-F by inserting after section 12 the following new section: 194-F:13 Municipal Opt-Out. I. Notwithstanding any other provision of law to the contrary, any municipality, city, town, or village may hold a referendum

  • 2026 HB1513 amend

    freedom account program. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Education; Education Freedom Accounts. Amend RSA 194-F by inserting after section 4 the following new section: 194-F:4-a Program Administration and Required Information. I. The following shall apply to the authority and responsibilities of the scholarship organizati

  • 2026 HB1521 reference

    ation of art and music. Home education shall be provided, coordinated, or directed by a parent for his or her own child. A child receiving an education freedom account pursuant to RSA 194-F shall not be considered home educated under this chapter. 2 Effective Date. This act shall take effect 60 days after its passage. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committ

  • 2026 HB1578 amend

    VII. "Reimbursements" means payments made to parents or guardians for approved education-related expenses. 2 New Section; Program Administrator Reporting Requirements. Amend RSA 194-F by inserting after section 12 the following new section: 194-F:13 Program Administrator Reporting Requirements. Beginning with the quarter ending September 30, 2026 and each quarter thereafter, the program administ

  • 2026 HB1820 amend · effective 2026-07-01

    FA in accordance with procedures established by the [scholarship organization] department. (c) Comply with all state and federal anti-discrimination laws. 11 Liability. Amend RSA 194-F:9, II to read as follows: II. No liability shall arise on the part of the [scholarship organization] department or the state or of any public school or school district based on the award of or use of an EFA pursuant to

  • 2026 HB1820 reference · effective 2026-07-01

    stration ───────────────────────────────────────────────────────────────── ANALYSIS This bill changes the administration of the education freedom account program under RSA 194-F from scholarship organizations to the department of education. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

  • 2026 HB1820-FN reference · effective 2026-07-01

    stration ───────────────────────────────────────────────────────────────── ANALYSIS This bill changes the administration of the education freedom account program under RSA 194-F from scholarship organizations to the department of education. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

  • 2026 HB1820-FN amend · effective 2026-07-01

    FA in accordance with procedures established by the [scholarship organization] department. (c) Comply with all state and federal anti-discrimination laws. 11 Liability. Amend RSA 194-F:9, II to read as follows: II. No liability shall arise on the part of the [scholarship organization] department or the state or of any public school or school district based on the award of or use of an EFA pursuant to

  • 2026 HB676 amend

    nd senate education committee, and the chairperson of the EFA Legislative Oversight Committee pursuant to RSA 194-F:12. 3 New Sections; Education Freedom Account Surveys. Amend RSA 194-F by inserting after section 12 the following new sections: 194-F:13 Education Freedom Account Impact Survey. The education freedom account impact survey shall be a document developed by the department of education and