Beruflich Dokumente
Kultur Dokumente
Compendium Project
Toni Taylor
Cynthia Fagan
Lindsey DeLorenzo
School Law: State of New Hampshire
MODULE ONE: LEGAL FRAMEWORK FOR EDUCATION
1. The statutes concerning education are covered under Title XV (Chapter 185 200).
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XV.htm
2. New Hampshires Commissioner of Education is Virginia M. Barry Ph.D. and she has served
in this capacity since her initial appointment by the Governor in 2009. The State Board of
Education is a seven-member body appointed by the governor and executive council to serve
five-year terms. Two members are selected from the public at large and the other five are
selected (one each) from the executive council districts.
Taylor 2
4. New Hampshire is a district under the First Circuit of the United States Court of Appeals
(http://www.ca1.uscourts.gov). Other districts included in this circuit are Maine,
Massachusetts, Rhode Island and Puerto Rico.
5. There are several important cases with regard to local control of education that have been
decided in the NH Supreme Court.
Claremont School Dist. v. Governor, 138 N.H. 183(1993)(Claremont I) The state has a
constitutional obligation to provide and pay for an adequate education for all New Hampshire
children.
Claremont School Dist. v. Governor, 142 N.H. 462 (1997)(Claremont II) An adequate education
is a fundamental right, then-current system of funding education unconstitutional, state's
definition of an adequate education unconstitutional.
Claremont School Dist. v. Governor, 147 N.H. 499 (2002) (Claremont VII) (state's constitutional
obligation includes standards of accountability and current state standards unconstitutional)
In Re Bryan L. , 123 N.H. 420 (1983) Clarifies definition of residency for the purpose of
financial responsibility of school districts with respect to expenses of special education students.
Taylor 3
MODULE 2 -TORT LIABILITY
1. Statutes relative to corporal punishment, seclusion, and restraint.
Section Ed 1119.02, (e); Ed 1133.07, (c).
Schools are prohibited from using measures that will subject a child to humiliation, unsupervised
confinement, abuse or neglect, or a denial of basic needs.
www.ldanh.org/docs/nhdoePhysicalRestraintDocument%5B1%5D.pdf
New Hampshire Department of Education
Bureau of Special Education
http://www.ldanh.org/docs/nhdoePhysicalRestraintDocument%5B1%5D.pdf - This 32 page
document discusses recommendations from the State DOE in regards to developing policies
regarding physical restraint. This document includes two US Supreme court cases that can be
used as guidance.
2. Statutes relative to concussions
Section 200:49 Head Injury Policies for Student Sports- Districts are encouraged
to educate appropriate personnel upon identification and recommended actions
regarding a student and concussions. District is also encouraged to report
annually their data concerning concussions.
http://www.gencourt.state.nh.us/rsa/html/XV/200/200-49.htm
Section 200:50 Removal of Student-Athlete- Appropriate personnel
who determine the chance of a student receiving a concussion is deemed
responsible to immediately remove the student. Said student may not
return to play until a medical advisory has been given; the person who offered
medical advisory cannot be held liable.
http://www.gencourt.state.nh.us/rsa/html/XV/200/200-50.htm
Section 200:51 School Districts; Limitation of Liability- Any district employee
who acts in accordance to policy is not held liable for injury or
death. http://www.gencourt.state.nh.us/rsa/html/XV/200/200-51.htm
Section 200:52 Definitions. This statute covers the definition of health care provider, student athlete, student sports, and
school property.
http://www.gencourt.state.nh.us/rsa/html/XV/200/200-52.htm
Taylor 4
3. Bullying Statutes
Section 193-F:2 Purpose and Intent. Statement justifying the following statutes.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-2.htm
Section 193-F:3 Definitions.- Defines bullying and all
related terms. Victim, cyber-bullying, electronic devices, perpetrator and
school property.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-3.htm
Section 193-F:4 Pupil Safety and Violence Prevention. This statute covers the
writing, implementation, adoption and enforcement of a bullying and cyber-bullying policy.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-4.htm
Section 193-F:5 Training and Assessment. Personnel will be properly trained to identify,
prevent bullying and cyber-bullying and protocol to report incidents.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-5.htm
Section 193-F:6 Reporting Each school district is
obligated annually to report bullying and cyber bullying. The department of
education will also create a report using the data received from the school
district. Neither report will include names or distinguishing factors.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-6.htm
Section 193-F:8 School District Discrimination or Harassment Policies- Each school
district has the right to categorize pupils and determine remediation
techniques tailored to their school, this determination is based upon the
persons membership in a protected area, i.e. local, state or federal law.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-8.htm
4. Comparative or Contributory Negligence and Immunity Safeguards
Section 507:7d Comparative Negligence Law Applies the 51% rule which means that if a
plaintiff is 51% legally at fault then they cant recover damages.
http://www.gencourt.state.nh.us/rsa/html/lii/507/507-mrg.htm
Section 193-F:7 Immunity- Any employee paid by the
district shall have the privilege of immunity from a civil liability if good
faith conduct can be proven.
http://www.gencourt.state.nh.us/rsa/html/XV/193-F/193-F-7.htm
Taylor 5
Taylor 6
MODULE THREE, CHURCH STATE
1. Statutes relative to prayer or meditation in schools
194:15-a Lord's Prayer in Public Elementary Schools
Allows elementary schools to authorize the recitation of the Lords prayer as an affirmation of
the religious freedom in our country. Student participation is voluntary and students will be
reminded of the historical basis of the prayer and told that these exercises are not meant to
influence an individuals personal religious beliefs but rather to learn of our great freedoms.
Taylor 7
MODULE 4 STUDENT CLASSIFICATION
1. Equity of opportunity including school financing
193-E:1 Policy and Purpose.
I. It is the policy of the state of New Hampshire that public elementary and secondary education
shall provide all students with the opportunity to acquire the knowledge and skills necessary to
prepare them for successful participation in the social, economic, scientific, technological, and
political systems of a free government
http://www.gencourt.state.nh.us/rsa/html/XV/193-E/193-E-1.htm
Section 193-E:3-b
193-E:3-b Accountability for the Opportunity for an Adequate Education. Beginning with
the 2009-2010 school year, a school shall demonstrate by the end of the school year that it
provides the opportunity for an adequate education under RSA 193-E:2-a by meeting the
requirements of subparagraphs I(a) and (b) of this section. Beginning with the 2011-2012 school
year, a school shall demonstrate, by the end of the school year, that it provides the opportunity
for an adequate education by meeting the requirements of either paragraph I or II of this section
http://www.gencourt.state.nh.us/rsa/html/XV/193-E/193-E-3-b.htm
Section 195-F:1
195-F:1 Declaration of Policy. It is declared to be the policy of the state that for the benefit of
the people of the state, the increase of their commerce, welfare, and prosperity and the
improvement of their living conditions, it is essential that this and future generations of youths be
given the fullest opportunity to learn and develop their intellectual and mental capacities; that it
is essential that educational institutions
http://www.gencourt.state.nh.us/rsa/html/XV/195-F/195-F-1.htm
Section 198:4
198:4 Estimates. The school board of each district in its annual report shall state in detail the
additional sums of money, if any, which will be required during the ensuing fiscal year for the
support of the public schools, for the purchase of textbooks, scholars' supplies, flags and
appurtenances, for the payment of the tuition of the pupils in the district in high schools and
academies in accordance with law, and for the payment of all other statutory obligations of the
district.
http://www.gencourt.state.nh.us/rsa/html/XV/198/198-mrg.htm
Taylor 8
Chapter 198 School Money
This chapter of law describes funding for many aspects of education as well as adequacy grants.
http://www.gencourt.state.nh.us/rsa/html/xv/198/198-mrg.htm
2. State statutes that provide guidelines for working with ESL children, illegal immigrants,
homeless children, gender or any other designated group (not including children with
disabilitiesthis will be covered in Module 5)
193-E:3 Delivery of an Adequate Education. IV. Data reported in paragraph I shall be
disaggregated as required by federal law and shall include numbers and percentages of pupils
with disabilities, limited English proficient pupils, pupils in advanced placement programs,
economically disadvantaged pupils, and pupils of major ethnic, racial, and multi-racial groups.
http://www.gencourt.state.nh.us/rsa/html/XV/193-E/193-E-mrg.htm
3) State court cases or cases settled within your Circuit Court that have involved desegregation
issues or other student classification issues?
None found.
Taylor 9
4) Does your state protect for sexual orientation?
New Hampshire Department of Education Sexual Harassment Policy
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex,
including sexual harassment.
http://www.education.nh.gov/titleix/policy.htm
TransitionPlanningNHVR
Helping Youth Plan for the Future
The State Board of Education and the New Hampshire Department of
Education do not discriminate in their educational programs, activities
or employment practices on the basis of gender, sexual orientation,
race, creed, age, color, national origin or type of disability.
http://www.education.nh.gov/career/vocational/documents/trans_planning.pdf
Taylor 10
MODULE 5 CHILDREN WITH EXCEPTIONALITIES
1. Statutes relative to the Education of Children of Exceptionality
New Hampshire Rules for the Education of Children with Disabilities
June 30, 2008
Amended as of December 1, 2010
This edition of the New Hampshire Rules for the Education of Children with
Disabilities has been prepared as a reference for parents and educators. As such, it
has been formatted to make it easy to use. IT IS NOT, NOR IS IT INTENDED TO
BE, AN EXACT COPY OF THE OFFICIAL LEGISLATIVE DOCUMENT
CONTAINING THESE RULES.
Persons who have a specific need for any of this material in its original or alternate
format, may call the Department of Education at (603) 271-3189 to make
arrangements to obtain it.
http://www.education.nh.gov/instruction/special_ed/documents/nh_rules_2012_web.pdf
Taylor 11
241 F.Supp.2d 111 (2003) GARY and Sylvie S., individually and on behalf of their son,
Andrew S. v.MANCHESTER SCHOOL DISTRICT No. 02-004B United States District
Court, D. New Hampshire
This case involves a special education student who attends private school whose parents are
requesting reimbursement from the public school. However, they are denied because neither the
IDEA nor the Special Education Law entitle the parents of a disabled child to a hearing unless
their child is enrolled in public school.
http://scholar.google.com/scholar_case?case=16527733284543192733&q=%22special+educ
ation%22&hl=en&as_sdt=4,152
Commonwealth of Massachusetts v. Secretary of HHS, 816 F.2d 796 (1st Cir. 1987)
This case dealt with the scope of Medicaid coverage to exclude special education and related
services to be provided under federal Education for All Handicapped Children Act and state
education laws was reasonable and therefore should have been upheld.
http://www.leagle.com/decision/19871612816F2d796_11483.xml/COM. OF MASS. v.
SECRETARY OF H.H.S.
Timothy W. v. Rochester, New Hampshire, Sch. Dist., 875 F.2d 954 (1st Cir.), cert. denied,
493 U.S. 983 (1989)
The United States argued that a school district court may not refuse to provide a child with a
serious disability a free appropriate public education based on its determination that the child
would not benefit from the educational services.
http://www.wrightslaw.com/law/reports/IDEA_Compliance_6.htm
Taylor 12
Taylor 13
2.
3.
Discipline
Suspension and Expulsion of Students
Describes the due process rights for students facing disciplinary proceedings. Law
mandates expulsion for students who bring a firearm (pellet, BB, paintball or rifle) to
school without permission from the Superintendent or designee.
Truancy
Sections 189:34-37 Define truancy and the role of truant officers to enforce compulsory
attendance of students
4.
Court Cases
State of NH v. Drake
State standards for searches commensurate with that of T.L.O.
State of NH v. Tinkham
Established that the school official was not a law enforcement officer nor an agent of the
police so therefore Miranda warnings are not necessary.
RE: Anthony F
Provided guidance for helping schools determine if a search is justified at its inception.
RE: JUV 2006-406P
A search and seizure case where the Assistant Principal did not have the names of the
informants and did not have specific information about the location of the drugs, but the
search was still deemed constitutional.
Doran v. Contoocook Valley School District
A US District Court of NH ruling that having dogs sniff students backpacks did not
constitute a search.
Taylor 14
MODULE 7 TEACHERS RIGHTS
1. Teacher Tenure
http://www.gencourt.state.nh.us/rsa/html/XV/189/189-14-a.htm
New Hampshire has one of the longest probationary time frames of states for teachers. In 2011
the new law requires that any such teacher who has taught for 5 consecutive years or more in
the teachers current school district, or who taught for 3 consecutive years or more in the
teachers current school district before July 1, 2011, and who has been so notified may request in
writing within 10 days of receipt of said notice a hearing before the school board and may in said
request ask for reasons for failure to be re-nominated or reelected. The only exception to the
new law is a teacher has taught for 5 consecutive years or more in any school district in the state
and has taught for 3 consecutive years or more in the teachers current school district; or before
July 1, 2011, the teacher taught for 3 consecutive years or more in any school district in the state
and taught for 2 consecutive years or more in the teachers current school district. In addition
the new law states that in cases of re-nomination or non-reelection due to RIF, the RIF cannot be
based solely on seniority.
2. Whistle Blower
http://www.nh.gov/labor/inspection/wage-hour/whistleblower.htm
Any employee who wishes to file a complaint under RSA 275-E, must first complete
Whistleblowers' Complaint Form. A Public Employee who wishes to report the possible
existence of activity constituting fraud, waste, or abuse in the expenditure of any public funds
under RSA 275-E:8 must file the Public Employee Complaint Form.
3. Textbook Selection
http://www.gencourt.state.nh.us/rsa/html/XV/189/189-16.htm
New Hampshire state law states that textbooks shall be purchased by the school boards and thus
loaned to the respective students.
http://aim.cast.org/learn/policy/state/new_hampshire#.UzcAwKhdXpc
Instructional Materials Acquisition (adoption or open territory); New Hampshire is an open
territory state with no centralized textbook acquisition. The selection and purchase of textbooks
and instructional materials is a local district activity.
4.
Taylor 15
http://caselaw.findlaw.com/us-1st-circuit/1158491.html
Kosereis v. Rhode Island, June 12, 2003 - Kosereis failed to produce evidence that he was
discriminated against or treated differently than fellow co-workers because of his religion or
national origin. He could not prove he was subjected to a hostile work environment or suffered
discriminatory retaliation and, therefore, was no violation of Title VII of the Civil Rights Act of
1964.
Taylor 16
MODULE 8 TERMS AND CONDITIONS OF EMPLOYMENT
1. Licensure/Certification Requirements
Certification Standards for Educational Personnel
These are the rules describing the licensure and certification standards for initial certification and
alternative certification for teachers, paraprofessionals, principals, superintendents and other
administrative personnel.
Master Teacher Certification
Describes the requirements that need to be met to obtain a Master Teacher credential.
One Year Certificate of Eligibility
Outlines the provisions by which a school board can offer a one year certificate of eligibility to
people who want to teach but lack the appropriate license.
Revocation of Teaching Credential
Teachers will lose their credential if they are convicted of any felony involving child
pornography or sexual assault.
2. Hiring and Appointment Laws/Regulations
Hiring
It is the duty of the superintendent of schools to nominate teachers for employment.
Criminal Records Check
Each public school district must conduct a criminal records check for every selected candidate of
employment using the process outlined in the statute. Provides for immunity if process is
followed.
Taylor 17
Termination of Employment
Any teacher convicted of homicide, child pornography, felonious sexual assault or kidnapping
will have their employment terminated.
4. Personnel Evaluation and Record Keeping
Professional Development Plan Requirements
Section 512 describes the district and individual professional development plan requirements.
NHs NCLB Waiver Request
Section 3 page 99 This documents the additional requirements that NH districts will have to
meet with regard to teacher and principal evaluation systems.
5. Collective Bargaining
Public Employee Labor Relations
Chapter 273 outlines the terms and conditions and limitations of public employee collective
bargaining.
Municipal Budget Law
Requires those cost items associated with a collective bargaining agreement to be included in the
considerations of a municipal budget committee.