The Lyme School •  Lyme, New Hampshire
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Policy Manual

Policy: AA
School District Legal Status

The legal basis for education is vested in the will of the people as expressed in the New Hampshire Constitution, 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. Clough v. Osgood. 87 N.H. 444 (1935) (school district as corporation); RSA 194:2.

School District policies are established by the School Board, which serves as an agent of the School District. Funds for school operating expenses are approved by a majority of qualified voters present and voting at the annual School District meeting (RSA 197:1, RSA 40:13), except that bond issues require a two-thirds vote. The administration of the schools is under the executive direction of the Superintendent of Schools, who works under the School Board policies in addition to State Board of Education rules.

As evidenced by the statutory, regulatory and case law references through these policies, the purpose of these policies is to assist the Lyme School District and its School Board to comply with applicable state and federal law. Anywhere these policies do not obviously comply with applicable law, they should be interpreted so that they do comply.

The Lyme School District will maintain as a reference available to School Board members, administrators, staff and members of the public one complete, updated set of New Hampshire's Revised Statutes Annotated (RSA's) Relating to Public Schools.

ADOPTED: 12 November 1998

Statutory/Case Law References:
New Hampshire Constitution, Pt. 2 Article 83
Claremont School District vs. Governor. 138 N.H. 183 (1993) (education is State duty)
RSA 40:13 (Official Ballot)
RSA 197:1 (Annual Meeting)
RSA Chapter 33 (Municipal Finance Act)

RSA 194:2 (Corporate Powers of School District)
*The majority of state laws on education are in RSA Chapters 186 through 200H.