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