PARENTAL BILL OF RIGHTS

RSA tit. XV, ch. 189-B

in effect

RSA 189-B:1 Short Title.

189-B:1. Short Title. This chapter may be cited as the Parental Bill of Rights. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:2 Definitions.

189-B:2. Definitions. In this chapter: I. "Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment. II. "Minor" or "minor child" means an unemancipated person under the age of 18 years. III. "Compelling state interest" sufficient to justify any action or inaction that infringes upon any of the rights identified in RSA 189-B:4 shall exist only when the school or school personnel have an actual and objectively reasonable belief, supported by clear and convincing evidence, that the infringement upon parental rights is necessary to prevent the child from being abused as defined in RSA 169-C:3. IV. "School" shall include, without limitation, any public school board, public school district, public school administrative unit, or public charter school. V. "School personnel" shall include any teacher, administrator, employee, or other individual acting in furtherance of or on behalf of any public school. VI. "Infringement" for the purposes of this chapter includes, but is not limited to, knowingly concealing or withholding information required to be disclosed to a minor child's parent pursuant to this chapter or providing intentionally misleading or intentionally inaccurate responses. VII. "Open to the general public" means an event that is generally open to parents, guardians, family, and members of the community, including events for which attendance may require registration, ticketing, or invitation for admission due to space, security, or other concerns. VIII. "Required assessment" means any standardized assessment that is required by state or federal statute or regulation. Source. 2025, 74:2, eff. July 1, 2025. 2026, 4:5, eff. March 3, 2026.

RSA 189-B:3 Infringement of Parental Rights Prohibited.

189-B:3. Infringement of Parental Rights Prohibited. No school may infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is necessary to achieve a compelling state interest, that such action is narrowly tailored, and that such interest is not otherwise served by less restrictive means. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:4 Parental Rights.

189-B:4. Parental Rights. I. All parental rights are reserved to the parents of a minor child in this state without obstruction or interference from any school. These rights include, but are not limited to, the right: (a) To direct the upbringing and the moral or religious training. (b) To direct the education, including the right to choose to enroll the minor child in an assigned resident public school, a public charter school, a non-public school, including a religious school, a home education program, or any other state-based education program, as authorized by law, as an alternative to public education, as set forth in RSA 193:1 and RSA 194-F:1, et seq. (c) To request that a minor child be enrolled in a public school other than the public school assigned to them by their residence to avoid a manifest educational hardship, as set forth in RSA 193:3. (d) To enroll his or her minor child in gifted or special education programs if the child qualifies for such programs. (e) To inquire of the school or school personnel and promptly receive accurate, truthful, and complete disclosure regarding any and all matters related to their minor child, unless an immediate answer cannot be provided when the initial request is made, in which case, the answer shall be provided no later than 10 business days after the request. (f) To be informed of the school's policy regarding discipline policies and procedures, as set forth in RSA 193:13. (g) To obtain access for a minor child to public curricular courses and co-curricular programs offered by the local school district where the student resides while choosing to enroll their child in a non-public, public chartered, home education, or any other state-based education program, as set forth in RSA 193:1-c and RSA 194-F:2, II(d). (h) To inspect any instructional material used as part of the educational curriculum within a reasonable period following a request, as set forth in 20 U.S.C. section 1232h(c)(1)(C). (i) To opt out of health or sex education and any other objectionable material, as set forth in RSA 186:11, IX-b and IX-c. (j) To be advised of and have the right to opt the minor child out of any nonacademic survey or questionnaire. (k) To opt out of any district-level data collection relating to his or her minor child not required by federal or state law. (l) To exempt their public-school minor child from participating in required statewide assessments in English, language arts, mathematics, and/or science, as set forth in RSA 193-C:6. (m) To receive information regarding the level of achievement and academic growth of their minor child in the state academic assessments in English, language arts, mathematics, and/or science, as set forth in the Every Student Succeeds Act, 20 U.S.C. section 1112 (e)(1)(B)(i). (n) To receive a school report card and be informed of his or her minor child's attendance requirements and compliance with such requirements. (o) To access and review all education records relating to their minor child within 10 business days after the day the school receives a request for access, as set forth in RSA 189:66, IV and 34 C.F.R. 99.5. (p) To consent in writing before the state or any of its political subdivisions, including any school pursuant to RSA 189:68, III-V, makes a video or voice recording, unless such recording is made during or as part of a court proceeding; part of a forensic interview in a criminal or child protective services investigation; solely for the purpose of a safety demonstration, including the maintenance of order and discipline in common areas of a school or on student transportation vehicles, or such recording is made as a component of the administration of a required assessment or is made during a school-sponsored event that is open to the general public; as a component of the administration of a required assessment; of a school-sponsored event that is open to the general public; as part of the regular instructional coursework required by the school; or as part of instruction in a student journalism, media production, or broadcasting course or school-sponsored extracurricular activity that has been approved by the local school board or board of trustees. (q) To be notified whenever seclusion or restraint has been used on their minor child as set forth in RSA 126-U:7. (r) To access and review all medical records of their minor child maintained by a school or school personnel, unless otherwise prohibited by law. (s) To exempt their minor child from immunizations if, in the opinion of a physician, the immunization is detrimental to the child's health or because of religious beliefs, as set forth in RSA 141-C:20-a and RSA 141-C:20-c. II. Federal law provides for additional parent and family involvement for schools that are receiving Title I, Part A; Title I, Part C (migrant); Title III, Part A (EL) funds, including: (a) The right to receive information, including student reports, in an understandable and uniform format and to the extent practicable, in a language that parents can understand, as set forth in 20 U.S.C. sections 1112(e)(4); 1114(b)(4); 1116(e)(5); and 1116(f). (b) Upon request of the parent, the right to receive information regarding state qualifications of the student's classroom teachers and paraprofessionals providing services to their minor child, as set forth in 20 U.S.C. section 1112(e)(1)(A)(i-ii). (c) The right to receive an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency, as set forth in 20 U.S.C. section 1111(h)(2)(A-B)(i-iii). Source. 2025, 74:2, eff. July 1, 2025. 2026, 4:6, eff. March 3, 2026; 336:4, eff. July 15, 2026.

RSA 189-B:5 School Board Notifications on Parental Rights.

189-B:5. School Board Notifications on Parental Rights. I. Each school shall, in consultation with parents and school personnel, develop, adopt, and promulgate publicly a policy to promote parental involvement in the school. Such policy shall include: (a) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline. (b) A procedure for a parent to learn about his or her minor child's course of study, including the source of any supplemental education materials. (c) Procedures for a parent to object to instructional materials and other materials used in the classroom. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful. For purposes of this section, the term "instructional materials" shall include, without limitation, all materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students. (d) Procedures for a parent to withdraw his or her child from any portion of the school district's health education program that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child's participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her child from those portions of the course. (e) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child's school, including those that are extracurricular or part of the school curriculum. (f) Procedures for a parent to learn about parental rights and responsibilities under law. II. Each school board shall publish the parental bill of rights as set forth in RSA 189-B:4, in their annual reports. Each school board shall also publish the parental bill of rights on their website and in their school handbook or similarly intended publication. III. A parent may request, in writing, from the district school superintendent, the information required under this section pursuant to RSA 91-A. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:6 Exceptions.

189-B:6. Exceptions. Nothing in this chapter shall: I. Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of law. II. Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in their official capacity. III. Require disclosure of information provided to any counselor, school psychologist, school nurse, or other certified health care provider where the information provided was reasonably expected to be privileged. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:7 Violations.

189-B:7. Violations. I. No school or school personnel shall infringe upon any of the parental rights set forth in RSA 189-B:4, unless the infringement is supported by clear and convincing evidence and is narrowly tailored to address the compelling state interest. II. Any parent claiming violation of any provision of this chapter may bring an action for declaratory or injunctive relief, or both, and monetary damages against the school. If a parent prevails in any such court action, the court shall award to the parent his or her reasonable attorneys' fees and court costs, including any such attorneys' fees and court costs incurred in an appeal to the supreme court. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:8 Severability.

189-B:8. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source. 2025, 74:2, eff. July 1, 2025.

RSA 189-B:9 Applicability.

189-B:9. Applicability. No provision of this chapter is meant to restrain or interfere with any state or local law enforcement agency investigations of criminal violations of New Hampshire law by a minor. Source. 2025, 74:2, eff. July 1, 2025.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XV-189-B.htmFetched: 10/20/2026