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Policies » Section A: Foundations & Basic Commitments » AA/AA-R: School District Legal Status

Policy Date: 11/15/2005

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The legal basis for education is vested in the will of the people as expressed in the Constitution of
New Hampshire, the statutes* pertaining to education, court interpretation of these laws, the
powers implied in them, and the rules and regulations of the State Board of Education.

In New Hampshire, school districts are political subdivisions of the State and, as such, are
considered municipal corporations.

Board policies are established by the Board, which serves as an agent of the Hooksett School
District. Funds for school operating expenses are approved by a majority of qualified voters
present and voting at the annual school district meeting except that bond issues require a
two-thirds vote (except in those school districts which have adopted RSA 40:13). In these
districts, a 60% vote is required.

Statutory/Case Law References:
RSA 194:3, Powers of Districts (see policy AA-R)
New Hampshire Constitution, Pt. 2 Article 83
Claremont School District vs. Governor, 138 NH 183 (1993)
RSA Chapter 33, Municipal Finance Act
RSA 194:2, School Districts to be Corporations
RSA 195:6, Powers and Duties of Cooperative School Districts
RSA 197:1, Annual School District Meetings
RSA 40:13, Use of Official Ballot
Clough v. Osgood 37 NH 444 (1935)

*The majority of state laws on education are in RSA Chapters 186 through 200H.

Adopted: September 16, 1980
Adopted: July 12, 1999
Adopted: November 15, 2005


RSA 194:3 Powers of Districts.
School districts may raise money, as required by law, or, in addition thereto:
1. To procure land for lots for schoolhouses and school administrative unit facilities, and for the
enlargement of existing lots;
2. 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;
3. To procure insurance against such risks of loss, cost or damage to itself, its employees or its
pupils as its school board may determine;
4. 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;
5. To plant and care for shade and ornamental trees upon schoolhouse lots;
6. To provide suitable furniture, books, maps, charts, apparatus and conveniences for schools;
7. To purchase vehicles for the transportation of children;
8. To provide for health and sanitation;
9. To provide for adult high school diploma and continuing education programs; and
10. To pay debts.

Statutory Reference: RSA 194:3

Adopted: November 15, 2005