CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Part Second-General Court

ART. *** Prohibited from authorizing towns to aid certain corpora*** the general court shall not authorize any town to loan or give its tions.money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way and the same by taking its stock or bonds * * *

Encouragement of Literature, Trades, etc.

ART. 83. Encouragement of literature, etc.; Control of corporations, monopolies, etc.-Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufacturers, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people: Provided, nevertheless, That no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the State is hereby granted to the general court to enact laws to prevent the operations within the State of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the State; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrong herein declared against.

ANNOTATIONS-4. Aid to nonpublic schools. Since secular education serves a public purpose, it may be supported by tax money if sufficient safeguards are provided to prevent more than incidental and indirect benefit to a religious sect or denomination. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343.

Members of the public are not prohibited from receiving public benefits because of their religious beliefs or because they happen to be attending a parochial school; the test is the purpose and primary effect of the enactment: if either is the advancement or inhibition of religion then the enactment exceeds the scope of legislative power as circumscribed by the Constitution; to withstand the strictures of the Establishment clause there must be a secular legislative purpose and a primary effect that neither advances nor inhibits religion. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343.

Bill including number of children attending nonpublic schools in the base for computing foundation aid would be constitutional as primary purpose and effect is to encourage and help support those public purpose services to nonpublic school pupils which the school district may constitutionally furnish. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343. Bill authorizing school board in its discretion to furnish transportation for pupils attending nonpublic schools outside district even though it was not necessary to furnish transportation outside the district to public school pupils was of doubtful constitutionality because it delegated undefined discretion to the school board which was easily subject to discriminatory application. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343. Bill authorizing furnishing of certain child benefit services to nonpublic school and public school pupils such as physician, nurse, health, guidance and the like would be constitutional under the theory expounded in Opinion of the Justices, 99 NH 519, 113 A2d 114 and 99 NH 536, 114 A2d 801. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343.

Bill providing for the loan or sale of public school textbooks to pupils enrolled in nonpublic schools would be constitutional. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343.

Bill permitting $50 tax exemption on residential real property to be grant ed to persons having children attending a nonpublic school would produce unconstitutional discrimination. Opinion of the Justices (1969) 109 NH 578, 258 A2d 343.

Provisions of RSA 189:9 relating to transportation of pupils in private schools do not violate U.S. Const. Amend. 1, nor do they violate this section and are a valid enactment of the Legislature. 1 N.H. Op. A.G. 209.

5. Tax exemption for educational facilities.-Aid to educational institutions by exempting them from taxation is a proper exercise of the legis lative power under this article. Trustees of Phillips Exeter Academy v. Exeter (1940) 90 NH 472, 27 A2d 569.

In discharge of the duty imposed upon the legislature to encourage education it has been their practice to exempt from taxation, without distinction of sect, denomination, or party, all houses of public worship, schoolhouses, and seminaries of learning. Warde v. Manchester (1876) 56 NH 508.

Tax Exemptions For Nonpublic Schools

See Public Aid For Nonpublic Schools, Annotations.

STATUTORY PROVISIONS

New Hampshire Revised Statutes

Approval/Supervision/Support

The State School Organization (ch. 186).

SEC. 186:11. Duties.-XXIX. Nonpublic Schools. Establish reasonable criteria for approving nonpublic schools for the purpose of compulsory attendance requirements, and upon request designate such schools which meet those criteria. In addition, the board may upon request of a nonpublic school approve or disapprove its education program and curriculum. [Amended 1974 Special Session.]

School Districts (ch. 194).

SEC. 194:3. Powers of districts.—* * *

ANNOTATION.-Except as modified by charter or by special legislation, such powers as towns had to borrow money for school purposes now reside exclusively in school districts. Opinion of Justices (1947) 94 NH 499, 51 A2d 840.

A school district which has contributed funds to the erection of an academy building by a private educational corporation under an agreement that it shall have the beneficial use thereof for school purposes may lawfully expend money for repairs upon it or for lighting it. Brooks v. Franconia School Dist. [(1905) 73 NH 263, 61 A 127.]

SEC. 194:23. Definition of high school. The term "high school" shall mean a school, academy or literary institution offering a course of studies for four years in such subjects (a) as are generally required to be offered by students for admission to colleges, technical schools and teachers colleges as determined by the state board of education and (b) those prescribed by statue including reasonable instruction in the constitutions of this state and of the United States and (c) such other subjects as the school district maintaining such school may determine by its school board or by vote of the district. Such school shall also comply with standards prescribed by the state board of education which shall be uniform in their application to all schools, with respect to teaching the offered course of studies and to facilities and equipment used and maintained to offer such course of studies. [Sources: 1901, 96:1. 1903, 31:1; 118:1. 1905, 19:1. 1921, 85, IV:22. PL 119:22. RL 138:22. RSA 194:23. 1959, 246:1, eff. August 26, 1959.]

SEC. 194:23-a. Definition of comprehensive high school. - The term "comprehensive high school" means a school, academy or literary institution offering a course of studies for four years for students, who have completed eight years of grammar school or its equivalent, including subjects prescribed by the state board of education and by statute including reasonable instruction in the constitutions of this state and of the United States. Such school shall also comply with standards prescribed by the state board of education which shall be uniform in their application to all schools, with respect to the teaching of such course of studies and the facilities and equipment used or maintained to offer such course of studies. [Source: 1959, 246:2, eff. August 26, 1959.]

SEC. 194:23-b. Approval of high schools and comprehensive high schools. In order to satisfy compulsory school attendance laws a high school student less than sixteen years old must attend a high school or a comprehensive high school which has been approved by the state board of education as complying with the provisions of section 23 or section 23-a, or their equivalent; and the state board of education shall annually publish a list of all high schools and comprehensive high schools which it has approved as meeting the requirements of section 23 or section 23-a. [Source: 1959, 246:2, eff. August 26, 1959.]

SEC. 194:23-c. Standards and uniformity.-The state board of education shall have the power to approve for a reasonable period of time a high school or a comprehensive high school although it does not fully meet the require

ments of section 23 or 23-a if in its judgment the financial conditions of the school district or other pertinent circumstances justify delay in full compliance. [Source: 1959, 246:2, eff. August 26, 1959.]

Compulsory Education

Pupils; School Attendance (ch. 193).

SEC. 193:1. Duty of pupil.-Every child between six and sixteen years of age shall attend the public school within the district or a public school outside the district to which he is assigned or an approved private school during all the time the public schools are in session *** [Sources: 1903, 13:1. 1911, 139:1. 1917, 52:1. 1919, 84:1. 1921, 85, III:1. PL 118:1. RL 137:1. 1949, 92:1. 1953, 223:1, eff. June 10, 1953.]

SEC. 193:1-a. Dual enrollment. - Notwithstanding any other provision of the law, the full-time attendance requirement may be met by attendance at more than one school provided the total time spent in the schools is equivalent to full-time attendance and further that the attendance at more than one school may include attendance at a nonpublic school provided that the school district and the state board of education have given prior approval to the detailed dual enrollment agreement, which is to be effectuated for this purpose. [Source: 1969, 356:1, eff. July 1, 1969.]

Special Education

Program of Special Education (ch. 186-A).

SEC. 186-A:1. Declaration of purpose.-It is hereby declared to be the policy of the state to provide the best and most effective education possible to all handicapped children in New Hampshire. [Source: 1965, 378: 1, eff. July 1, 1965.]

SEC. 186-A:2. Definitions.-The following words as used in this chapter shall be construed as follows:

I. "Physically handicapped" shall mean a child up to twenty-one years of age, married or unmarried, whose activity is or may become so far restricted by reason of a physical defect or infirmity, however caused, as to reduce his normal capacity for education or self-support, or both. [Amended 1973, 125:1, eff. September, 1, 1973.]

II. "Intellectually handicapped" shall mean a child up to twenty-one years of age, married or unmarried, whose activity is or may become so far restricted by intellectual handicap, however caused, as to reduce his normal capacity for education or self-support, or both. [Amended 1973, 125:2, eff. September, 1, 1973.]

III. "Emotionally handicapped" shall mean a child up to twenty-one years of age, married or unmarried, who, by reason of internal emotional conflicts, home conditions or general environment, has behavior and/or learning problems or is otherwise unable to make normal social or educational adjustments, but who has sufficient intellectual and emotional capacity to be enabled with clinical diagnosis, proper treatment, training and remedial education, to become a responsible and self-supporting citizen. [Amended 1973, 125:3, eff. September 1, 1973.]

IV. "Handicapped child" shall mean any child who is handicapped by one or more of the above defined handicaps. [(Amended 1969, 72:1, eff. June 3, 1969.) (Source: 1965, 378:1. 1969, 72:1. 1973, 125: 1-3, eff. September 1, 1973.)]

SEC. 186-A:3. Program established.-The state board of education is authorized to establish a program of special education within the funds appropriated or available and to appoint such personnel as may be necessary for the proper operation of said program. [Source: 1965, 378:1, eff. July 1, 1965.]

SEC. 186-A:6. Education required.-Every handicapped child capable of being benefited by instruction shall attend an approved school or program to which he may be assigned. If a physically handicapped child capable of being

benefited by instruction shall make application for continued educational facilities, such instruction may be continued until such time as the physically handicapped child has acquired education equivalent to a high school education or has attained the age of twenty-one years. [Source: 1965, 278:1. 1971, 443:1, eff. August 29, 1971.]

SEC. 186-A:7. Establishment of programs.-A school district shall establish programs for handicapped children as approved by the state board of education, or shall pay tuition to such an approved program maintained by another school district or by a private organization. Eligibility for this type of education shall be determined by the school board under regulations promulgated by the state board of education. [Source: 1965, 378:1. 1971, 443:2, eff. August 29, 1971.]

SEC. 186-A:8. Tuition of handicapped children.-Whenever any handicapped child shall attend any public or private school or program situated within or outside of this state, which offers special instruction for the training or education of handicapped children, and which has been approved for such training by the state board of education, the school district where such handicapped child resides is hereby authorized and empowered and shall appropriate and pay a portion of the cost of such education. The state board of education may assign children to approved schools for handicapped children, as provided in RSA 193:3. Schooling for deaf children may commence at age four. The school district in which each handicapped child resides shall be liable for the tuition of said child. The tuition liability of the school district shall be limited to the state average cost per pupil of the current expenses of operation of the public elementary, junior high or high school for the preceding school year. Pursuant to the provisions of RSA 193:4 and RSA 194:27, this current expense of operation shall include all costs except cost of transportation of pupils, and except capital outlay and debt obligations. The state board of education shall be responsible for any tuition cost which exceeds the state average cost per pupil of current expenses. *** [Sources: 1965, 378:1. 1967, 351:1. 1969, 470:4. 1971, 443:3. 1973, 125:4, 588:1, eff. September 2, 1973.]

SEC. 186-A:9. Transportation.-The school board shall furnish suitable transportation to all handicapped children who are four years of age or older and who are able to be so transported from their homes to the place where such instruction or training is to be furnished. However, the liability of a school district for transportation shall not exceed for each pupil transported an amount equal to the liability to the district for tuition as specified in RSA 193:4. *** [Sources: 1965, 378:1. 1973, 125:5, eff. September 1, 1973.]

SEC. 186-A:10. Federal assistance.—The state board of education is hereby authorized to cooperate with the federal government or any agency thereof in the development of any plan for the education of handicapped children and to receive and expend, in accordance with such plan, all funds made available to the state board of education from the federal government or any of its agencies, the state or from other sources. The several school districts of the state are hereby authorized to receive, incorporate in their budgets, and expend for the purposes hereof such funds as may be made available to them through the state board of education from the federal government or any of its agencies. [Source: 1965, 378:1, eff. July 1, 1965.]

SEC. 186-A:11. State aid.-The state board of education is authorized to promulgate a program setting forth standards for education for handicapped children and to pay over to any school district, or private organization operating such an approved program, certain sums to pay a portion of the actual cost of the education of each New Hampshire resident child in such an education program, so long as said program meets the standards set by the state board of education and so long as funds are appropriated for the purpose. [Sources: 1965, 378:1. 1969, 69:7, eff. June 3, 1969.]

Education and Training of the Blind (ch. 186-B).

SEC. 186-B:1. Statement of purpose.-To enable the state to more effectively provide services to the blind of all ages in the state, it is the intent of

this chapter to place the functions of education, training, vocational rehabilitation, and related services of the blind under one administration. By this transfer of functions, all of the responsibility for the education and training of all handicapped children in the state becomes the responsibility of the department of education. [Source: 1970, 34:1, eff. July 1, 1970.]

SEC. 186-B:2. Appointment of blind services administrator.—I. The state board of education shall appoint the director of blind services in the approprivate division, under the direct supervision of the chief of the division. [Source: 1970, 34:1, eff. July 1, 1970.]

SEC. 186-B:3. Program for blind established.-I. The department of education shall establish a program for the education, training, and vocational rehabilitation for the blind of all ages, whether or not they are eligible for aid to the needy blind under the division of welfare.

II. The department of education shall develop or cooperate with other agencies in providing services to the blind, including the locating of blind persons, vocational guidance and training of the blind, placement of blind persons in employment, instruction of the adult blind in their homes and other services to blind persons. [Source: 1970, 34:1, eff. July 1, 1970.]

***

School Boards, Superintendents, Teachers, and Truant Officers; School Census (Child) Benefit Services) (ch. 189).

SEC. 189:49. Optional services.-The school board of any school district may provide the following child benefit services for pupils in each public and nonpublic school in the district or in another school district in this state:

I. School physician services under the provisions of RSA 200: 26-41. (Amended 1971, 499:4, eff. September, 4, 1971.)

II. School nurse services.

III. School health services.

IV. School guidance and psychologist services.
V. Educational testing services.

VI. Transportation under the provisions of RSA 189:9. (Added 1973, 501:1, eff. June 30, 1973.)

VII. Textbooks and instructional materials. (Added 1973, 501:1, eff. June 30, 1973.)

VIII. Health and welfare services equivalent to those provided by public schools including speech correction and remedial and diagnostic services. (Added 1973, 501:1, eff. June 30, 1973.)

IX. Driver education. (Added 1973, 501:1, eff. June 30, 1973.)

X. Educational television services. (Added 1973, 501:1, eff. June 30, 1973.) XI. Programs for the deaf, blind, emotionally disturbed, crippled and physically handicapped children; audio-visual aids; and programs for the improvement of the educational studies of handicapped pupils. (Added 1973, 501:1, eff. June 30, 1973.)

XII. Physical education. (Added 1973, 501:1, eff. June 30, 1973.) XIII. Hot lunch program. (Added 1973, 501:1, eff. June 30, 1973.) In the event that a court rules invalid one or more of the above services the other services shall not be deemed void but shall continue in effect. [Added 1973, 501:1, eff. June 30, 1973.]

SEC. 189:50. Appropriations.—A town may raise and appropriate money to carry the provisions of this subdivision into effect. [Source: 1970, 51:1, eff. May 4, 1970.]

SEC. 189:51 (New) Limitation.—Nothing in this subdivision shall be construed to allow either a deletion or diminution of a program or purchase adopted through normal budgetary procedure. [Source: 1971, 566:2, eff. September 29, 1971.]

School Money (Child Benefit Services Grants) (ch. 198).

SEC. 198:20-a. Payment of governmental moneys prohibited in nonpublic school without program approval by the board of education for handicapped children.- No state moneys or moneys raised and appropriated by any political subdivision of the state or any federal moneys administered by the state or

any political subdivision thereof shall be paid or granted to any nonpublic school for the education or training of handicapped children as defined in RSA 186-A:2, IV. Said nonpublic school must be approved by the state board of education pursuant to those policies under the provisions of RSA 186:11, XXIX. [Amended 1974 Special Session.]

SEC. 198:22. Grants.-I. Any school district which is providing any child benefit service pursuant to the authority of RSA 189:49 and 50 shall be granted the following proportion of the costs, exclusive of any part of the cost and carrying charges of any capital improvements, of providing such service to any student who regularly attends a nonpublic school within the district for more than one half each school day:

(a) Not more than seventy percent of such cost of any such service.

II. Application for any such grant shall be submitted by a district to the state board of education no later than the July first preceding the start of the school year for which it shall be applicable, provided that the board may, for good cause shown, accept any such application up to but no later than the start of the applicable school year. Payment of said grant shall be made upon submission of certified expenses prior to the end of the applicable fiscal year. [Amended 1973, 501:2, eff. June 30, 1973.]

III. The board shall determine what costs shall be allowed in computing and the amount of any grant, and shall make payments of such grants from the funds appropriated therefor.

IV. In the event that for any year insufficient sums are available to pay grants in full as provided by this section to all qualified applying school districts the state board of education shall prorate such grants so that all such districts receive the same proportion thereof.

V. No pupil counted by any school for the purpose of calculating the amount of a grant to be paid pursuant to this section shall for the same school year by the same district be included in average daily membership for the purposes of foundation aid or counted for the purpose of grants pursuant to RSA 198:21. [Source: 1970, 51:4. 1973, 501:2, eff. June 30, 1973.] Curriculum

School Boards, Superintendents, Teachers, and Truant Officers; School Census (ch. 189).

SEC. 189:10. Studies.-The school board shall see that the studies prescribed by the state board are thoroughly taught, especially physiology and hygiene insofar as it relates to the effect of alcohol and other drugs and venereal diseases on the human system. In all public and private schools in the state there shall be given regular courses of instruction in the constitutions of the United States and of this state and also in the Declaration of Independence. Any member of the school board who neglects or refuses to comply with the provisions of this section shall be guilty of a misdemeanor. [Sources: 1858, 208:2. GS 81:5. GL 89:5. 1883, 37:2. 1887, 52:1. PS 92:6. 1895, 40:1. 50:2. 1899, 12:1. 1903, 31:1. 1909, 49:1. 1911, 136:1. 1921, 85, II:2. PL 117:8. RL 135:10. RSA 189:10. 1959, 130:1. 1973, 242:2; 529:37, eff. October 31, 1973.]

SEC. 189:11. Of constitutions.-Such instruction in the constitutions of the United States and of this state shall begin not later than the opening of the eighth grade and shall continue in the high school course to an extent to be determined by the state board. [Sources: 1923, 47:2. PL 117:9. RL135:11.]

SEC. 189:19. English required. In the instruction of children in all schools, including private schools, in reading, writing, spelling, arithmetic, grammar, geography, physiology, history, civil government, music, and drawing, the English language shall be used exclusively, both for the purposes of instruction therein and for purposes of general administration; provided, however, that experimental educational programs in the field of bilingual education shall be permitted under the provisions of this section with the approval of the state board of education. [Sources: 1919, 106:13. 1921, 85, II:10. PL 117:17. RL 135:19. RSA 189:19. 1969, 139:1, eff. July 12, 1969.]

SEC. 189.20. Foreign languages.- A foreign language may be taught in elementary schools: provided, that the course of study (or its equivalent)

outlined by the state board in the branches named in section 19 be not abridged but be taught in compliance with the law of the state. [Sources: 1919, 106:13. 1921, 85, II:10. PL 117:18. RL 135:20.]

SEC. 189:21. Language of devotional exercises in private schools. — The exclusive use of English for purposes of instruction and administration shall not prohibit the conduct of devotional exercise in private schools in a language other than English. [Sources: 1919, 106:13. 1921, 85, II:10. PL 117:19. RL 135:21.]

SEC. 189:22. Copies of state constitution and election laws to be furnished.-The secretary of state is hereby directed to furnish to the state board of education such number of copies of the state constitution and the election laws as may be necessary. [Sources: 1937, 31:1. RL 135:22.]

SEC. 189:23.-Distribution.-The state board of education is hereby directed to distribute copies of said constitution and election laws to all teachers of history and civics in the upper grades of elementary schools and to teachers of United States history in junior and senior high schools to be used by them in instructing their pupils relative to the laws governing election and voting. [Sources: 1937, 31:1. RL 135:23.]

Motor Vehicles (ch. 261).

SEC. 261:6-a. Driver education.—An operator's license may be issued subject to the provisions of this chapter to a person under the age of eighteen years who has attained his sixteenth birthday, if such person shall present a certificate of successful completion of a driver education course given by a public or nonpublic secondary school and approved by the department of education in cooperation with the department of safety or given by a motor vehicle driver's school licensed under the provisions of chapter 263-A. An approved driver education course, whether conducted by a secondary school or by a licensee under chapter 263-A, shall consist of both classroom instruction and behind the wheel driver training, in accordance with standards published jointly by the commissioner of education and the commissioner of safety, such standards to be not less than those presently required. [Source: 1965, 339:2, eff. September 1, 1965.]

Pupil Transportation

School Boards, Superintendents, Teachers, and
Truant Officers; School Census (ch. 189).

SEC. 189:9. Pupils in private schools.-Pupils attending approved private schools, up to and including the twelfth grade, shall be entitled to the same transportation privileges within any town or district as are provided for pupils in public schools. [Sources: 1937, 199:1, RL 135:9. RSA 189:9. 1973, 501:3, eff. June 30, 1973.]

Compiler's Note: See also SPECIAL EDUCATION, Ch. 186-A, sec. 186-A:9; MISCELLANEOUS, Ch. 261, secs. 262:13 and 14.

Records and Reports

School Districts (ch. 194).

SEC. 194:31. Registers; reports.- All academies and private schools shall be furnished with copies of the school register, and shall make an annual statistical report to the state board. [Sources: 1901, 96:5. 1921, 85, IV:30. PL 119:30. RL 138:30.]

Health and Safety

School Boards, Superintendents, Teachers, and
Truant Officers; School Census (ch. 189).

SEC. 189:11-a. Food and nutrition programs.-I. Each school board shall make a meal available during school hours to every pupil under its jurisdiction.

Such meals shall be served without cost or at a reduced cost to any needy child who is unable to pay the full cost of said meals. The state board of education shall insure compliance with this section and shall establish minimum nutritional standards for such meals and shall further establish income guidelines setting forth the minimum family size annual income levels to be used in determining eligibility for free and reduced price meals. Nothing in this section shall prohibit the operation of both a breakfast and lunch program in the same school. Further any requirement of this section which conflicts with any federal statute or regulation may be waived by the state board of education. *** [Source: 1973, 170:1, eff. July 1, 1973.]

Schoolhouses (ch. 199).

SEC. 199:23. Locking devices.-Authorities in charge of all buildings of two or more rooms used for school purposes or where fifty or more pupils may be in attendance, shall equip at least one outside door regularly used as an exit with key locks that can be locked on the outside only but that can always be opened easily on the inside by turning the knob or pushing the release bar. The use of bolts, except to hold one half of a double door, hooks, thumb knobs or other locking devices upon such outside doors is prohibited. [Sources: 1923, 90:1, 2. PL 122:23. 1927, 73:1. RL 141:23.]

SEC. 199:24. Exits.- Any school building in which one hundred or more children may be in attendance shall have its main exit doors equipped with some safety device whereby the door may always be opened easily toward the outside by pressure against the same from the inside, and all doors leading to fire escapes equipped as specified in section 23. [Sources: 1923, 90:2. PL 122:24. 1927, 73:2. RL 141:24.]

Health and Sanitation (ch. 200).

SEC. 200:11. Investigation of sanitary conditions.-The department of health and welfare, division of public health services, shall upon complaint of any responsible person, investigate the sanitary conditions of any schoolhouse or building used for school purposes. [Sources: 1915, 35:1. 1921, 85, VIII:14. PL 123:11. RL 142:11.]

SEC. 200:38. Control and prevention of communicable diseases.-I. All children shall be immunized prior to school entrance according to the current recommendations of the state public health agency.

II. Any child may be exempted from the above immunization requirements if he presents evidence from his physician that immunization will be detrimental to his health. A child may be excused from immunization for religious reasons at the discretion of the local school board.

III. All children shall be examined prior to school entrance to detect symptoms of tuberculosis and may be periodically examined during his school experience. [Source: 1971, 499:1, eff. September 4, 1971.]

Federal Aid

The State School Organization (ch. 186).

SEC. 186:7. Federal funds; cooperation. The state treasurer shall be custodian of any money that may be allotted to the state by the federal government for general educational purposes. He shall also be the custodian of all moneys received by the state from appropriations made by congress for vocational rehabilitation of persons disabled in industry or otherwise, together with moneys received for this purpose from other sources, and is authorized to make disbursements therefrom upon the order of the state board. The state board is authorized and directed to cooperate with the proper authorities of the United States in educational work and in carrying out the provisions of the federal civilian vocational rehabilitation act. [Sources: 1917, 226:2. 1921, 85, 1:5. 1925, 18:1. PL 116.7. 1931, 48:1. RL 134:7.]

Compiler's Note: See also SPECIAL EDUCATION, Ch. 186-A, sec. 186A:10.

Miscellaneous

School Boards, Superintendents, Teachers, and
Truant Officers; School Census (ch. 189).

SEC. 189:17. Flags; penalty.-The governing board of every private school shall supply a United States flag, such flag to be made not less than five feet in length, with a flagstaff and appliances for displaying same. They shall make provisions similar to those required in the public schools for the display of said flag. Any members of a school board or the governing board who shall refuse or neglect to comply with the provisions of this section shall be guilty of a violation. [Sources: 1903, 39:1. 1921, 85, II:9. 1925, 128:1. PL 117:15. RL 135:17. RSA 189:17. 1969, 104:4. 1971, 291:1, 1973, 531:45, eff. October 31, 1973.]

Teachers' Loyalty (ch. 191).

SEC. 191:1. Advocacy of subversive doctrines prohibited.-No teacher shall advocate communism as a political doctrine or any other doctrine which includes the overthrow by force of the government of the United States or of this state in any public or state approved school or in any state institution. [Source: 1949, 312:1, eff. July 28, 1949.]

SEC. 191:2. Oath required.-No person shall be employed or associated in any capacity, directly or indirectly, in teaching in public or state approved schools or in any state institution until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved. [Sources: 1949, 313:2. RSA 191:2. 1969, 372:6, eff. August 31, 1969.]

Pupils (Scholarships for Orphans of Veterans) (ch. 193).

SEC. 193:19. Purpose of appropriations.-The sums appropriated under the provisions of this subdivision shall be used for the sole purpose of contributing to the payment of board, room rent, books and supplies, at institutions of secondary or college grade, of children between the ages of sixteen and twenty-five years, who are legal residents of the state at the time of application, whose father or mothers served in the air force, army, navy or marine corps of the United States from April 6, 1917 to July 2, 1921 or from December 7, 1941 to December 31, 1946, or from June 25, 1950 to July 27, 1953 or from the initiation of American involvement in the Southeast Asian conflict to the final date of American withdrawal from that area, having since died from service connected disability so rated by the federal government and having been at time of death legal residents of the state. [Sources: 1943, 35:1. 1945, 196.1. 1951, 220:1, 1973, 278:1, eff. August 22, 1973.]

Motor Vehicle Registration (ch. 262).

SEC. 262:13. Public ownership.-Motor vehicles owned and operated by the state, or by any county, city, town, or school district, or by any volunteer fire department, or by any public or private educational institution used for the purpose of student driver training, shall be exempt from registration fees but shall be registered as any other motor vehicles are. [Sources: 1917, 229:7. 1921, 119:25. PL 102:10. RL 118:11. 1947, 84:1. 1953, 252:4, eff. as of April 1, 1954.]

SEC. 262:14. Rules and regulations.-The director of the division of motor vehicles shall have the authority to prescribe special rules and regulations relative to registration of motor vehicles owned and operated by the government of the United States, the state, or by any county, city, town, school district, volunteer fire department, or public or private educational institution used for the purpose of student driver training, and may issue permanent number plates for such vehicles. Said vehicles displaying said number plates shall be deemed to be properly registered under the provisions of this title and may be operated upon the highways of the state without further registration or subsequent number plates. [Sources: 1945, 4:1. 1953, 252:5, eff. as of April 1, 1954.]