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NEW HAMPSHIRE

New Hampshire

New Hampshire law requires each school district to adopt a policy governing whether or not students are permitted to be excused to participate in released time. As a result, a Released Time program in New Hampshire would need to encourage the local school board to adopt a policy allowing students to participate in the program if such a policy does not already exist.

It would also need to ensure compliance with the court approved guideposts for Released Time programs. These include:

1) The school cannot fund the Released Time program, other than de minimis administrative costs (such as the costs of a school board approving a local Released Time policy).

2) Released Time programs cannot take place on school premises; and

3) Student participation in Released Time programs must be voluntary. There cannot be any coercion on the part of any school official.

However, these three points are not exclusive. One should conduct thorough research on the latest state and federal laws and court decisions to determine if there are any updated guidelines for a Released Time program to follow.

Keep in mind that school officials are not required to approve a program. An organization that wishes to start a new program should determine who in the school district can authorize a program and make an appointment to see that person. If the principal refers the organization to the school board, it would be wise to meet individually with school board members before presenting the concept at a meeting of the whole board.

General Information

N.H. Rev. Stat. Ann. § 193:1-b

“In order to accomplish the secular educational purposes of RSA 193:1-a, the state board of education shall adopt rules, pursuant to RSA 541-A and RSA 21-N:9, II(h), relative to … Providing for shared or released time programs.”

Statutes

None.

Regulations

Attorney General

None.

Americans United for Separation of Church and State v. Paire, 359 F.Supp. 505 (1973)

In Americans United, the federal district court in New Hampshire found that excessive governmental entanglement with religion is strong enough to make a dual enrollment program unconstitutional, like Released Time programs.

Such a program would be valid if the public school teachers only taught in the public schools and the private school teachers only taught in the parochial schools.

Case Law