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

Policy Date: 09/12/2017

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ASD FILE: AA
AUBURN SCHOOL DISTRICT
SCHOOL DISTRICT LEGAL STATUS

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 the agent of the District. Funds for school operating expenses are approved by a majority of qualified voters, except bond issues, which require a 60% vote.

Statutory/Case Law References:
NH 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 197:1 Annual School District Meetings
RSA 40:13 Use of Official Ballot
Clough v. Osgood 37 NH 444 (1935)

Adopted: November 13, 1980
Revised: September 10, 1992
Adopted: August 10, 1999
Revised: September 12, 2017