reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:36 - Penalty.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:37 - By Vote.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:38 - By Petition.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:39 - Taking Over Property.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:40 - Adjustments.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:41 - Continuance; Trust Funds.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:42 - Application of Funds.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:43 - Meetings.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:44 - Records.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:45 - Adjustments.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:46 - Petition for Referee.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:47 - Hearing.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:48 - Notice.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:49 - Referee's Procedure.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:50 - Assessment.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:51 - Equalization.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:52 - Petition to Selectmen.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:53 - Hearing.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:54 - Certificate.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:55 - Restoration.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:56 - Validity.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:57 - Effect.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:58 - Applicability of Provision.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194 - School Districts › Section 194:59 - Special Districts.

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.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:1-a - Statement of Purpose.

194-B:1-a Statement of Purpose. –
It is the purpose of this chapter to:
I. Promote and encourage the establishment and operation of chartered public schools in New Hampshire.
II. Encourage school districts to allow chartered public schools.
III. Encourage the establishment of public charter schools with specific or focused curriculum, instruction, methods, or target pupil groups.
IV. Improve pupil learning and increase opportunities for learning.
V. Exempt charter schools from state statutes and rules, other than where specified, to provide innovative learning and teaching in a unique environment.
VI. Enhance professional opportunities for teachers.
VII. Establish results-driven accountability for public charter schools and require the measurement of learning.
VIII. Make school improvement a focus at the school level.
IX. Encourage the establishment of public charter schools that meet the needs and interests of pupils, parents, communities, regions, and the state as a whole.
Source.
1997, 334:1. 2004, 222:1. 2009, 241:3, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:2 - Chartered Public Schools; Establishment; Parental Choice; Admission.

194-B:2 Chartered Public Schools;  Establishment;  Parental Choice;  Admission. –
I. Any school district legislative body may vote to designate one or more of its schools as a chartered public school.
II. Every chartered public school shall make available information about its curriculum and policies to all persons, and parents and pupils considering enrollment in that school.
III. There shall be no application fee for pupil admission to any chartered public school.
IV. All chartered public schools shall accept qualified pupils from any school district. A pupil who meets the admission requirements of a chartered public school, and who is a resident of the district where the school is located, shall be given absolute admission preference over a nonresident pupil. Once admitted and unless expelled, chartered public school pupils need not reapply for admission for subsequent years.
V. Attendance at a chartered public 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 chartered public school is located shall be provided transportation to that school by the district on the same terms and conditions as provided for non-chartered public schools in the district and utilizing the same regular bus schedules and routes that are provided to pupils attending non-chartered public schools within that district.
VI. 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 chartered public schools.
VII. A chartered public school may be physically located outside the district establishing it, but shall be deemed within the school district for purposes of RSA 194-B.
Source.
1995, 260:6. 2008, 354:1. 2009, 241:4. 2016, 236:1, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:3-a - Chartered Public School Approval by State Board of Education.

194-B:3-a Chartered Public School Approval by State Board of Education. –
I. The state board of education may grant charter status to applicants that meet the requirements of this chapter.
II. The proposed chartered public school application shall be presented for approval directly to the state board of education by the applicant for the prospective chartered public school. The content of such application shall conform to the requirements set forth in RSA 194-B:3, II(a)-(bb) and (dd)-(ee). The department of education shall notify an applicant of any missing information within 10 days of the initial filing. The applicant shall file any missing information before the department reviews the application.
III. The department of education may forward the proposed application to the applicant, along with a written statement detailing any suggested amendments or modifications.
IV. The state board of education shall either approve or deny an application using reasonable discretion in the assessment of the elements set forth in RSA 194-B:3, II, (a)-(bb) and (dd)-(ee). Lack of state funding alone shall not constitute grounds for the denial of an application. Approval of an application constitutes the granting of charter status and the right to operate as a chartered public school. The state board of education shall notify all applicants of its decision in writing, and shall include in any notice of denial a written statement specifying any areas deemed deficient, the reasons for the denial, and explaining that the applicant may reapply under RSA 194-B:3 or under this section in a subsequent year.
V. (a) The following provisions of law shall not apply to chartered public school applications proposed under this section, or to chartered public schools granted approval for operation under this section:
(1) RSA 194-B:3, II(cc).
(2) RSA 194-B:3, III-IV.
(3) RSA 194-B:3, XI.
(4) RSA 194-B:15, II.
(b) Except as provided in this paragraph, the provisions of RSA 194-B shall apply to chartered public schools approved for operation by the state board of education under this section.
(c) [Repealed.]
Source.
2003, 273:1. 2004, 222:4, 5. 2008, 354:1. 2009, 241:5. 2011, 228:1. 2013, 144:62. 2014, 61:1, eff. July 26, 2014. 2021, 142:3, 4, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:6 - Chartered Public Schools; Liability.

194-B:6 Chartered Public Schools;  Liability. –
No host, sending, or receiving district shall be held liable for damages in an action to recover for: (a) bodily injury, personal injury, or property damage as defined in RSA 507-B:1, or (b) for failure to educate pupils, where such actions arise out of the establishment or operation of a chartered public school.
Source.
1995, 260:6. 1998, 268:3. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:7 - Chartered Public Schools; Secular or Nonsecular Determination.

194-B:7 Chartered Public Schools;  Secular or Nonsecular Determination. –
For purposes of determining whether a proposed chartered public school is a prohibited religious school, the following 3-part test set forth by the United States Supreme Court shall be used.
I. The school shall have a secular purpose.
II. The school's "primary effect" shall neither advance nor prohibit religion.
III. The school shall not foster "excessive entanglement" between the school and religion.
Source.
1995, 260:6. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:8 - Chartered Public Schools; Requirements; Options.

194-B:8 Chartered Public Schools;  Requirements;  Options. –
I. A chartered public school shall not discriminate nor violate individual civil rights in any manner prohibited by law. A chartered public school shall not discriminate against any child with a disability as defined in RSA 186-C. A chartered public school shall provide due process in accordance with state and federal laws and rules.
II. A chartered public school shall comply with all applicable state and federal health and safety laws, rules, and regulations.
III. A chartered public school shall provide instruction for at least the number of days required by state law. A chartered public school shall comply with compulsory attendance laws as provided in RSA 189:1, 189:1-a, and 193:1. Innovative scheduling resulting in at least that number of attendance hours required under RSA 186-C:15, 189:1, 189:1-a, and 193:1 and current state board attendance rules shall be encouraged.
IV. A chartered public school providing the only available public education services at a specific grade level in a school district shall offer those educational services to all resident pupils of that grade level.
V. At least annually and near the end of each school year, a chartered public school shall evaluate the educational progress of each pupil, as specified in RSA 194-B:3, II(h). Such evaluation shall include, but not be limited to, the New Hampshire statewide education improvement and assessment program, as provided in RSA 193-C. The cost of the state assessment program shall be borne by the state.
VI. A chartered public school may be located in part of an existing public school building, in space provided on a private work site, in a public building, or any other suitable location. A chartered public school may own, lease, or rent its own space, or utilize space based on other innovative arrangements.
VII. (a) A chartered public school may contract for services with any private or public entity including, but not limited to, private and public schools or districts, except for teaching services which may not be obtained from a nonpublic school.
(b) All contracted services shall be defined by purchase order or written contract in advance of such service being provided.
(c) Any contractor shall provide proof of adequate professional liability insurance.
(d) Subcontracts for teaching services with nonpublic schools are prohibited.
Source.
1995, 260:6. 2008, 274:25, 26; 274:34, 35; 354:1. 2012, 185:2, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:9 - Chartered Public Schools; Pupil Selection; Enrollment; Separation.

194-B:9 Chartered Public Schools;  Pupil Selection;  Enrollment;  Separation. –
I. Except as provided for under RSA 194-B:8, IV:
(a) Chartered public schools may set maximum enrollment as they deem appropriate.
(b) Chartered public schools may limit enrollment to specific grade or age levels, pupil needs, or areas of academic focus including, but not limited to, at-risk pupils, vocational education pupils, mathematics, science, the arts, history, or languages.
(c)(1) Chartered public schools may select pupils on the basis of aptitude, academic achievement, or need, provided that such selection is directly related to the academic goals of the school.
(2) If the number of otherwise eligible applicants to a particular chartered public school exceeds that school's maximum published enrollment, that school shall use lottery selection as a basis for admission.
(3) If the number of otherwise eligible applicants to chartered public schools located inside and outside the school district exceeds that district's published maximum percentage of pupils authorized to attend such schools, the district shall use lottery selection as a basis for pupil eligibility, and in accordance with RSA 194-B:2, IV.
II. A pupil may withdraw from a chartered public school at any time and enroll in a public school where the pupil resides, except that no pupil shall change schools more than once each school year. That pupil's local school board may waive this limitation after a hearing.
III. A pupil may be suspended or expelled from a chartered public school based on criteria determined by the board of trustees consistent with the advice of the principal and teachers and in conformance with RSA 193:13. No public school shall be obligated to enroll an expelled pupil.
IV. For the purpose of this chapter, any resident pupil enrolled in a chartered public school is to be considered reassigned to the chartered public school for purposes of school attendance.
Source.
1995, 260:6. 1997, 334:12, 13. 2008, 354:1, 3. 2009, 241:6, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:10 - Chartered Public Schools; Reporting Requirements.

194-B:10 Chartered Public Schools;  Reporting Requirements. –
I. Each chartered public school shall provide one copy of its annual report to the state board and to its local school board. This report shall also be available to any person who expressly requests it.
II. A chartered public school shall provide at its own expense an annual financial audit and report to the state board and the school board complying with any current format and content requirements imposed upon a public school. The report shall include the number of pupils served by the school and their respective tuition rates and a discussion of progress made towards the achievement of the school's academic and other goals set forth in its charter.
III. To ensure compliance with its application and contract and applicable law, a chartered public school shall be subject to a first year program audit by the department of education or its agent, and shall be subject to a program audit by the department of education at least once every 3 years thereafter.
IV. A summary version of any annual and periodic reports required in this chapter shall be provided to the parent or guardian of each pupil enrolled at a chartered public school and shall be made available to the legislative body.
V. A representative of a chartered public school shall attend and be prepared to report at and answer questions during relevant portions of the annual school district budget process.
Source.
1995, 260:6. 1997, 334:14. 2008, 354:1. 2013, 144:64, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:12 - Chartered Public Schools; Budgets.

194-B:12 Chartered Public Schools;  Budgets. –
That portion of a school district's estimated expenditures on chartered public school tuition shall be shown as a separate line item in a school district's budget.
Source.
1995, 260:6. 2009, 241:8, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:13 - Chartered Public Schools; Operations; Curriculum.

194-B:13 Chartered Public Schools;  Operations;  Curriculum. –
I. A chartered public school shall operate in accordance with its charter.
II. The internal form of governance of a chartered public school shall be determined by the school's charter.
III. The board of trustees, in consultation with teachers and the principal, shall determine the chartered public school's curriculum and develop the school's annual budget.
IV. The board of trustees shall be considered the public employer for the purpose of collective bargaining.
Source.
1995, 260:6. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:14 - Chartered Public Schools; Employees.

194-B:14 Chartered Public Schools;  Employees. –
I. Employees of chartered public schools shall be considered public employees for the purpose of collective bargaining.
II. (a) Any teacher may choose to be an employee of a chartered public school, in which case such teacher shall have the rights of a teacher in public education to join or organize collective bargaining units.
(b) Bargaining units at a chartered public school shall be separate from other bargaining units.
(c) No chartered public school teacher shall be a member of more than one bargaining unit.
(d) A teacher who serves as a member of the board of trustees of a chartered public school in which that teacher is an employee may not participate in or vote as a member of the board on collective bargaining matters.
(e) A teacher in a chartered public school shall have withdrawn from any bargaining unit with which that teacher may have been previously affiliated.
III. A public chartered public school may choose to participate in the state teacher retirement system, and service in a public chartered public school shall be deemed creditable service under RSA 100-A:4.
IV. The teaching staff of a chartered public school shall consist of a minimum of 50 percent of teachers either New Hampshire certified or having at least 3 years of teaching experience.
Source.
1995, 260:6. 2003, 273:8. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:15 - Chartered Public Schools; Grievance Procedure.

194-B:15 Chartered Public Schools;  Grievance Procedure. –
I. Individuals or groups may complain to a chartered public school's board of trustees concerning any claimed violation of the provisions of the school's application and contract.
II. If, after presenting their complaint to the trustees, the individuals or groups believe their complaint has not been adequately addressed, they may submit their complaint to the school board, which shall investigate such complaint and make a determination. School board decisions with respect to grievances may be appealed to the state board.
III. [Repealed.]
Source.
1995, 260:6. 1997, 334:16. 2003, 273:5; 273:7, II. 2008, 354:1, eff. Sept. 5, 2008.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:16 - Charter Revocation; Probation.

194-B:16 Charter Revocation;  Probation. –
I. Written petition to the state board to revoke a school's charter may be requested by the parent of any pupil currently attending that chartered public school, or by the school board of a host or receiving school district.
II. After reasonable notice has been provided to all affected parties, the state board may revoke a school's charter prior to the expiration of its term under the following circumstances:
(a) The school commits a material violation of any of the conditions, standards, or procedures set forth in its charter application and contract.
(b) The school fails to meet generally accepted standards for fiscal management.
(c) The school significantly violates the law.
(d) The school makes a material misrepresentation in its application or contract application.
(e) The school becomes insolvent or financially unstable.
(f) The school fails to comply with the reporting requirements in accordance with RSA 198:4-f.
(g) The school fails to comply with the reporting requirements in accordance with RSA 189:28, I.
III. Before revoking a school's charter, the state board shall consult with the school board and the board of trustees on the development and implementation of a remedial plan.
IV. The state board may place a chartered public school on probationary status for up to one year to allow the implementation of a remedial plan, after which, if the plan is unsuccessful, the charter shall be revoked.
V. Nothing contained in this section shall prevent the state board from immediately revoking a school's charter in circumstances posing extraordinary risk of harm to pupils.
VI. By the end of its final contract year, the chartered public school shall meet or exceed the objective academic test results or standards and goals as set forth in its application. If the school does not meet these results or standards and goals, it shall not be eligible for renewal of its charter.
VII. If a school's charter expires or is revoked, the school shall be dissolved under the provisions of its charter application and contract. If the contract provisions are silent or ambiguous as to disposition of any asset of the school, such asset shall revert to the school district in which the chartered public school is located at no cost to that district, subject to the school district's acceptance of the asset. Under no circumstances shall the school district be liable for any obligations of the dissolved chartered public school.
VIII. If a school's charter expires or is revoked, the parent of a pupil attending that school may apply to any other chartered public school eligible to receive tuition under the provisions of this chapter adopted by the school district. The pupil's sending district shall not be relieved of its obligation to educate that pupil in accordance with the district's policies.
Source.
1995, 260:6. 1997, 334:17-19. 2008, 354:1. 2009, 241:9, eff. Sept. 14, 2009. 2021, 44:4, eff. May 17, 2021.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:17 - State Board; Duties.

194-B:17 State Board;  Duties. –
I. The state board of education shall establish guidelines and criteria consistent with this chapter to be used by applicants in drafting a chartered public school contract and by school boards to determine whether or not an applicant's chartered public school contract proposal conforms with the intent of this chapter.
II. The state board shall publish sample chartered public school contract agreements. There shall be no requirement that any of the terms and conditions of such sample agreements be adopted by any chartered public school, other than as specified in this chapter.
III. The state board shall disseminate information to the public on ways to form, convert, and operate a chartered public school.
IV. The state board shall adopt uniform statewide annual deadlines and procedures for pupil enrollment applications and school and parental enrollment decisions for chartered public schools.
V. The state board shall develop procedures and guidelines for revocation and renewal of a school's charter.
VI. The state board shall convene one or more working committees to study and make recommendations regarding the implementation and effectiveness of chartered public schools. The recommendations shall be provided to the legislative oversight committee in RSA 194-B:21 by July 1 of each year.
VII. The state board shall ensure, through its process of granting new chartered public school charters, that, on a statewide basis, the operation of chartered public schools does not result in illegal discrimination against any category of pupils.
VIII. The state board shall annually report to the joint legislative oversight committee established in RSA 194-B:21 regarding chartered public school approvals and denials for the preceding 12 months and the reasons for such approvals or denials.
Source.
1995, 260:6. 2004, 222:8. 2008, 354:1. 2009, 241:10, 11, eff. Sept. 14, 2009. 2023, 198:2, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:18 - State Board Rulemaking Authority.

194-B:18 State Board Rulemaking Authority. –
The state board shall be authorized to adopt rules, under RSA 541-A, to permit administration of the provisions of this chapter.
Source.
1995, 260:6, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:19 - Provisions Controlling; Voting.

194-B:19 Provisions Controlling;  Voting. –
I. The provisions of this chapter shall be controlling over any other contradictory or inconsistent provisions of law.
II. All votes and decisions in this chapter shall be determined by majority, unless otherwise specified.
Source.
1995, 260:6, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:21 - Oversight Committee; Report.

194-B:21 Oversight Committee;  Report. –
I. There is hereby established a joint legislative oversight committee. The committee shall meet jointly at least twice a year and shall monitor the effect of this chapter, review the chartered public school system, and make recommendations for any legislative changes. Where appropriate, the committee shall also make recommendations to the legislature to reduce the scope of, ease the administration of, simplify compliance with, eliminate regulations of, and reduce the amount of paperwork required.
II. The committee shall include the chairperson of the house education committee or designee, the chairperson of the senate education committee or designee, the chairperson of the house finance committee or designee, one representative appointed by the speaker of the house of representatives, one senator appointed by the president of the senate, and one nonvoting representative of the department of education with expertise in chartered public schools, appointed by the commissioner of the department of education, who shall not be counted in the quorum.
III. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The members of the oversight committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the chairperson of the house education committee or designee. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
V. The committee shall submit a written report of its findings and recommendations to the president of the senate, the speaker of the house of representatives, and the chairperson of the house education committee and the senate education committee by September 1 of each year.
Source.
1995, 260:6. 2008, 274:28, eff. July 1, 2008. 2023, 198:1, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-B - Chartered Public Schools › Section 194-B:22 - Severability.

194-B:22 Severability. –
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and to this end the provisions of this chapter are severable.
Source.
1995, 260:6, eff. July 1, 1995.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:1 - Status.

194-C:1 Status. –
I. All school administrative units existing on the effective date of this chapter shall continue in their present form unless modified in accordance with the provisions of this chapter.
II. School administrative units legally organized shall be corporations, with power to sue and be sued, to hold and dispose of real and personal property for the establishment of facilities for administration and any instructional purposes, and to make necessary contracts in relation to any function of the corporation; provided, however, that such school administrative units shall not have the power to procure land, to construct or purchase buildings, to borrow money in order to purchase real estate, or to mortgage said real estate.
Source.
1996, 298:3, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:3 - Single District School Administrative Units; Exemption.

194-C:3 Single District School Administrative Units;  Exemption. –
Single district school administrative units shall be considered the same as a single school district and shall be exempt from meeting the requirements of this chapter, except that they shall provide superintendent services pursuant to RSA 194-C:4.
Source.
1996, 298:3, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:4 - Superintendent Services.

194-C:4 Superintendent Services. –
Each school administrative unit or single school district shall provide the following superintendent services:
I. An educational mission which indicates how the interests of pupils will be served under the administrative structure.
II. Governance, organizational structure, and implementation of administrative services including, but not limited to:
(a) Payroll, cash flow, bills, records and files, accounts, reporting requirements, funds management, audits, and coordination with the treasurer, and advisory boards on policies necessary for compliance with all state and federal laws regarding purchasing.
(b) Recruitment, supervision, and evaluation of staff; labor contract negotiation support and the processing of grievances; arrangement for mediation, fact finding, or arbitration; and management of all employee benefits and procedural requirements.
(c) Development, review, and evaluation of curriculum, coordination of the implementation of various curricula, provisions of staff training and professional development, and development and recommendation of policies and practices necessary for compliance relating to curriculum and instruction.
(d) Compliance with laws, regulations, and rules regarding special education, Title IX, the Americans with Disabilities Act, home education, minimum standards, student records, sexual harassment, and other matters as may from time to time occur.
(e) Pupil achievement assessment through grading and state and national assessment procedures and the methods of assessment to be used.
(f) The on-going assessment of district needs relating to student population, program facilities and regulations.
(g) Writing, receiving, disbursement, and the meeting of all federal, state, and local compliance requirements.
(h) Oversight of the provision of insurance, appropriate hearings, litigation, and court issues.
(i) School board operations and the relationship between the board and the district administration.
(j) The daily administration and provision of educational services to students at the school facility including, but not limited to, fiscal affairs; staff, student, and parent safety and building issues; and dealing with citizens at large.
(k) Assignment, usage, and maintenance of administrative and school facilities.
(l) Designation of number, grade or age levels and, as applicable, other information about students to be served.
(m) Pupil governance and discipline, including age-appropriate due process procedures.
(n) Administrative staffing.
(o) Pupil transportation.
(p) Annual budget, inclusive of all sources of funding.
(q) School calendar arrangements and the number and duration of days pupils are to be served pursuant to RSA 189:1.
(r) Identification of consultants to be used for various services.
Source.
1996, 298:3, eff. Aug. 9, 1996. 2010, 5:2, eff. June 18, 2010.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:5 - Organization and Duties.

194-C:5 Organization and Duties. –
I. The school board of each school administrative unit shall meet between April 1 and June 1 in each year, at a time and place fixed by the chairpersons of the several boards, and shall organize by choosing a chairperson, a secretary, and a treasurer.
II. (a) Each school administrative unit shall provide superintendent services to be performed as required by RSA 194-C:4. School districts shall not be required to have a superintendent and may assign these services to one or more administrative personnel working full or part-time; or such services may be independently contracted.
(b) The state board may establish certification requirements for superintendents in smaller and larger districts, and may designate services in addition to those established in RSA 194-C:4.
(c) Other administrative positions may be established, but only after 50 percent or more of the school districts in the school administrative unit representing 60 percent of the total pupils in the school administrative unit has voted favorably upon the establishment of the position.
III. The school board of each school administrative unit shall fix the salaries of all school administrative unit personnel, shall apportion the expense of the salaries and benefits among the several districts, and shall certify the apportionment to their respective treasurers and to the state board of education. The school administrative unit board shall have the authority to remove superintendents and other administrators.
Source.
1996, 298:3, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:6 - Federal Assistance.

194-C:6 Federal Assistance. –
School administrative unit boards are hereby authorized to cooperate with the federal government or any agency thereof to request, receive and expend federal funds for educational purposes. The receipt and expenditure of federal funds by a school administrative unit shall be accounted for in the same manner as established for federal funds processed through local school districts. Each school administrative unit is hereby directed to establish separate from its operating budget a federal grant account.
Source.
1996, 298:3, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:7 - Representation.

194-C:7 Representation. –
Every school district maintaining one or more public schools shall be entitled to 3 votes on the joint board of school administrative units, plus additional votes as provided in RSA 194-C:8. Districts not maintaining schools shall have one representative on the joint board, who shall be entitled to one vote. Each school district board member present shall be entitled to have a proportionate share of the school district's votes provided that the total votes per district shall be equally divided among the district's board members present and cast as each member present decides on any issue.
Source.
1996, 298:3. 1999, 287:2, eff. Sept. 14, 1999.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 194-C - School Administrative Units › Section 194-C:8 - Weighted Voting.

194-C:8 Weighted Voting. –
In all votes regarding school administrative unit affairs, including the organization of such unit's school board and selection of officers, each district shall be entitled to one vote for each 16 pupils residing in that district and enrolled in schools under the administrative unit. A balance of 8 or more students shall entitle that district to an additional vote. A balance of fewer than 8 students shall have no net effect on a district's vote. Enrollments shall be based on the average daily membership in residence of each district for the school year which ended in the preceding June. Weighted votes shall only be used upon the demand of a majority of the members of any board present and voting in the school administrative unit. The school board members present at a school administrative unit school board meeting shall be entitled to cast the entire number of votes assigned to their school districts, provided that each representative present shall be entitled to a proportionate share of the total to be cast as provided in RSA 194-C:7.
Source.
1996, 298:3, eff. Aug. 9, 1996.