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SCHOOLHOUSES

RSA tit. XV, ch. 199
in effect

RSA 199:1 Location and Construction by District.

199:1. Location and Construction by District. The district may decide upon the location of its schoolhouses by vote or by a committee appointed for the purpose, provided, however, that all plans, specifications, and the selection of site for any new school buildings for any school district within the state shall be approved by the school board of the district in which it is proposed to construct such a building. The provisions of this section shall apply to all new construction and substantial renovation of public school buildings, including those constructed by grant or loans of funds from state, the federal government, or other sources. The district shall investigate feasible options in the course of deciding to renovate or replace an existing school building. In considering such options, the district shall hold at least one public hearing and shall seek input from municipal boards and departments. The district shall also review the municipality's zoning regulations and master plan in order to maximize best planning practices. For the purposes of this chapter, in addition to their usual meanings, the words "schoolhouse" and "school building" also mean educational administration building, including school administrative unit facilities. Source. 1845, 224:1. RS 71:1. CS 75:1. GS 80:2. GL 88:2. PS 91:1. 1921, 85, VII:1. PL 122:1. RL 141:1. 1945, 127:1. 1947, 156:10. RSA 199:1. 1967, 449:4. 1979, 459:4, eff. Aug. 24, 1979. 2008, 289:5, eff. Aug. 26, 2008. 2010, 327:1, eff. Sept. 18, 2010.

RSA 199:2 Location in Cities.

199:2. Location in Cities. The school board of cities shall have sole power to select and purchase land for schoolhouse lots. When said board has secured, by vote of the city councils, an adequate appropriation for the purchase of a specified lot at a specific price, said board may make the purchase. Source. 1897, 65:1. 1921, 85, VII:2. PL 122:2. RL 141:2.

RSA 199:3 Construction in Cities; Joint Building Committees.

199:3. Construction in Cities; Joint Building Committees. I. No schoolhouse shall be erected, altered, remodeled or changed in any city school district unless the plans have been previously submitted to the school board of that district and received its approval. II. (a) All construction relating to schoolhouses in any city school district shall be done under the direction of a joint building committee which shall be established and chosen in equal numbers by the city council and the school board. (b) The chairperson of a joint building committee shall be chosen by a majority vote of the committee members. (c) Any vacancy in the committee membership shall be filled by the respective appointing authority on or before the close of the next regularly scheduled meeting of the appointing authority following the creation of the vacancy. (d) The joint building committee shall meet monthly and at other times as the chairman deems necessary. III. The joint building committee shall have the following duties: (a) Oversee and decide all matters relating to any construction on schoolhouse buildings. (b) Prepare and submit monthly status reports relating to construction progress to the city council and the school board. (c) Prepare and submit monthly financial reports relating to the total authorized construction budget and expenditures to date to both the city council and the school board. IV. All funds appropriated by the city council for construction of a new schoolhouse shall be administered by the appropriate joint building committee, and those funds shall be disbursed upon authorization of the committee until final acceptance of the schoolhouse by the city council. Source. 1897, 65:2. 1921, 85, VII:3. PL 122:3. RL 141:3. RSA 199:3. 1993, 185:1, eff. Aug. 8, 1993.

RSA 199:4 Transfer of Building.

199:4. Transfer of Building. I. Upon final completion of the new schoolhouse as determined by the joint building committee, the committee shall vote to accept the building and transfer it to the care and control of the school board. II. Whenever a schoolhouse shall no longer be needed for public school purposes, the school board shall transfer its care and control to the city. Source. 1897, 65:3. 1921, 85, VII:4. PL 122:4. RL 141:4. RSA 199:4. 1993, 185:2, eff. Aug. 8, 1993.

RSA 199:4-a Final Report; Dissolution of Joint Building Committee.

199:4-a. Final Report; Dissolution of Joint Building Committee. Upon vote of the joint building committee to accept the new schoolhouse and to transfer it to the school board, the joint building committee shall remain in existence for the sole purpose of preparing and submitting a final report relating to the schoolhouse construction and related financial matters to the city council and the school board. Any funds appropriated for the schoolhouse construction which have not been expended shall be returned to the control of the municipality, subject to RSA 33:3-a. The joint building committee shall be dissolved upon the return of unexpended funds and submission of the final report. Source. 1993, 185:3, eff. Aug. 8, 1993.

RSA 199:5 Exception.

199:5. Exception. The provisions of RSA 199:2-199:4-a shall not apply to the Union School District of Concord and to the school districts of Keene, Lebanon, and Claremont. Source. 1897, 65:4. 1921, 85, VII:5. PL 122:5. RL 141:5. RSA 199:5. 1993, 185:4, eff. Aug. 8, 1993.

RSA 199:6 Power of Committees.

199:6. Power of Committees. No committee shall have power to bind the district beyond the amount of money voted by it, and the district shall not be bound by any act, as a ratification of the doings of such committee, beyond their authority, unless by express vote of the district. Source. GS 80:3. GL 88:3. PS 91:2. 1921, 85, VII:6. PL 122:6. RL 141:6.

RSA 199:7 Location by Board.

199:7. Location by Board. If the district does not agree upon a location for a schoolhouse, or upon a committee to locate the same, or if the same is not located by such committee within 30 days after its appointment, the school board, upon petition of 10 percent or more of the voters, shall determine the location. Source. RS 71:5. CS 75:5. GS 80:5. GL 88:5. PS 91:4. 1921, 85, VII:8. 1921, 88:1. PL 122:7. RL 141:7.

RSA 199:8 Relocation by Board.

199:8. Relocation by Board. If 10 percent or more of the voters of a district are aggrieved by the location of a schoolhouse by the district or its committee, they may apply by petition to the school board, who shall hear the parties interested and determine the location. Source. RS 71:2. CS 75:2. GS 80:4. GL 88:4. 1887, 105:7. PS 91:3. 1921, 85, VII:7. 1921, 88:1. PL 122:8. RL 141:8.

RSA 199:9 Relocation by State Board of Education.

199:9. Relocation by State Board of Education. If 10 percent or more of the voters of a school district are aggrieved by the location of a schoolhouse by the district or its committee, or by the school board, they may, within 10 days after the making of the location, apply by petition to the state board of education, who shall hear the parties interested and determine the location. Source. 1871, 4:1. GL 88:6. 1887, 105:7. PS 91:5. 1921, 85, VII:9. 1921, 88:1. PL 122:9. RL 141:9. 2008, 289:6, eff. Aug. 26, 2008.

RSA 199:10 Notice of Hearing Upon Question of Location.

199:10. Notice of Hearing Upon Question of Location. The chairman of the state board of education shall appoint a time and place within the district for a hearing upon every such petition, and shall give notice thereof by causing attested copies of the petition and order of notice to be posted at 2 or more public places within the district and to be given in hand to, or left at the abode of, the clerk of the district and of one of the school board, 14 days before the day of hearing. Source. 1871, 4:2. GL 88:7. PS 91:6. 1921, 85, VII:10. PL 122:10. RL 141:10. 2008, 289:7, eff. Aug. 26, 2008.

RSA 199:12 Hearing.

199:12. Hearing. The hearing shall be closed within 60 days. The state board of education shall hear all parties interested who desire to be heard, and shall make a decision in writing and file it with the clerk of the district. Source. 1871, 4:2. GL 88:7. PS 91:8. 1921, 85, VII:12. PL 122:12. RL 141:12. 2008, 289:8, eff. Aug. 26, 2008.

RSA 199:14 Proceedings Pending.

199:14. Proceedings Pending. The district shall take no steps to carry into effect a former location while any subsequent proceedings authorized by law for a change thereof are pending. Source. 1871, 4:2. GL 88:7. PS 91:9. 1921, 85, VII:13. PL 122:14. RL 141:14.

RSA 199:15 New Proceedings.

199:15. New Proceedings. The location of schoolhouses, however made, shall be conclusive for the term of 5 years, unless an appeal therefrom shall be prosecuted as provided in this chapter. Source. GS 233:6. GL 43:6. PS 91:11. 1921, 85, VII:15. PL 122:15. RL 141:15.

RSA 199:16 Enlargement of Lot.

199:16. Enlargement of Lot. The school board may enlarge any existing lot used for school purposes upon such petition to it and proceedings thereon as are required to authorize it to determine the location for a schoolhouse. Source. 1872, 13:3. GL 88:10. 1877, 106:1. PS 91:12. 1921, 85, VII:16. PL 122:16. RL 141:16. 1949, 146:1, eff. April 21, 1949.

RSA 199:17 Taking Land.

199:17. Taking Land. If any school district shall neglect or refuse to procure the lot of land selected for the location of a schoolhouse, or for the enlargement of an existing schoolhouse lot, as provided in this chapter, or if the owner of the land shall refuse to sell the same to the district for a reasonable price, the selectmen, upon petition to them by the school board, or by 3 or more voters of the district, shall appraise the damages occasioned to the landowner by the taking of his land. The appraisal shall be made in writing, and be filed with the clerk of the district. Source. 1871, 41:1. 1872, 13:1. GL 88:11, 12. PS 91:13. 1921, 85, VII:17. PL 122:17. RL 141:17.

RSA 199:18 Appeal From Appraisal.

199:18. Appeal From Appraisal. Any landowner aggrieved by such appraisal of his damages may appeal therefrom to the superior court by petition within 60 days after the appraisal is filed with the clerk of the district; and the procedure and remedies upon such appeal shall be the same as in appeals from the assessment of damages by selectmen in highway cases, except that service of papers shall be made upon the clerk of the district and one of the school board, instead of the town clerk and one of the selectmen, and except as provided in RSA 199:19. Source. 1872, 13:1. GL 88:11. PS 91:14. 1921, 85, VII:18. PL 122:18. RL 141:18.

RSA 199:19 Payment of Damages.

199:19. Payment of Damages. Upon payment or tender of the damages awarded, the land shall vest in the district, and it may take possession of it. Such payment or tender may be made in accordance with the award of the selectmen before an appeal is taken, or while an appeal is pending, and shall have like effect. In such case if the damages are increased upon appeal the landowner shall have judgment for the excess; if decreased, the district shall have judgment for the amount of the decrease. If the result of the appeal is to change the award of damages in favor of the landowner he shall recover costs; otherwise he shall pay costs. Source. RS 71:8. CS 75:8. GS 80:7. 1871, 41:2. 1872, 13:2. GL 88:11, 13. PS 91:15. 1921, 85, VII:19. PL 122:19. RL 141:19.

RSA 199:19-a Record.

199:19-a. Record. Whenever a school district shall take land for the location of a schoolhouse or for the enlargement of an existing schoolhouse lot as provided by RSA 199:17 the school district clerk shall forward to the registry of deeds for the county for filing where said land is located a copy of the petition of the school board to the selectmen containing a description of said land, together with the name of the owner from whom the land is taken. Source. 1965, 234:1, eff. Aug. 30, 1965.

RSA 199:20 Neglect to Build, Etc.

199:20. Neglect to Build, Etc. If a district shall refuse or neglect to build, repair, remove or fit up a schoolhouse, or shall refuse or neglect to build a schoolhouse upon or to remove it to the lot designated as aforesaid, the selectmen, upon petition of 3 or more voters of the district, after hearing the parties, may assess upon the district and collect such sums of money as may be necessary, and therewith cause such schoolhouse to be built, removed, repaired or fitted up. Source. RS 71:6. CS 75:6. GS 80:8. GL 88:14. PS 91:16. 1921, 85, VII:20. PL 122:20. RL 141:20.

RSA 199:21 Accommodations.

199:21. Accommodations. The schools of a district shall be kept in its schoolhouses, if it has suitable houses that will accommodate the scholars; if not, the school board shall provide suitable accommodations for the schools at the expense of the district. Source. RS 72:7. CS 76:8. GS 80:9. GL 88:15. PS 91:17. 1921, 85, VII:21. PL 122:21. RL 141:21.

RSA 199:22-a Use to Feed Elderly.

199:22-a. Use to Feed Elderly. I. Any school board may operate or allow to be operated for the benefit of persons age 60 or over a meal program on school property including the use of school equipment. Such program may be operated on a profit basis and any surplus funds may be used to defray expenses or otherwise as the school board shall direct. Provided that such program shall be operated at no expense to the district and shall not interfere with the education of the students. The price charged for any meal may be based on the recipient's ability to pay as determined by the school board. II. The use in such program of food service equipment, food, and other items which are restricted in use to the benefit of the students is not authorized by this section unless such program is granted the permission upon such conditions as the restricting federal or state authority deems necessary. In addition to any such conditions, the school board shall maintain such records as will accurately reflect the percentage of use of school property, school food service equipment, food, and other such restricted items between the geriatric program and the child nutrition program. Further, insofar as practicable, grants in aid for replacement and original equipment shall be requested on the basis of the percentage of use from both available child nutrition funds and from available geriatric program grants. Source. 1973, 513:1, eff. Aug. 31, 1973.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XV-199.htmFetched: 10/20/2026

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