New Hampshire

Resources

State Protections and Legal Framework

  • State constitutional guarantees regarding right to education

    • “Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country….”

    N.H. Const. Pt. 2, Art. 83 [Encouragement of Literature, Etc.; Control of Corporations, Monopolies, Etc.]


    Case law and legislative history defining and interpreting the right to education

    • In Claremont Sch. Dist. v. Governor, the New Hampshire Supreme Court held that the “encouragement of literature” clause of State Constitution imposes a duty on the state to provide constitutionally adequate education to every educable child in public schools in the state and to guarantee adequate funding. 138 N.H. 183, 635 A.2d 1375 (1993).

    • “The State's constitutional duty extends beyond mere reading, writing and arithmetic. It also includes broad educational opportunities needed in today's society to prepare citizens for their role as participants and as potential competitors in today's marketplace of ideas.” Id. at 192, 1381.

    • “The right to an adequate education mandated by the constitution is not based on the exclusive needs of a particular individual, but rather is a right held by the public to enforce the State's duty. Any citizen has standing to enforce this right.” Id.

    • A subsequent case—Claremont School District v. Governor, 142 N.H. 462, 703 A.2d 1353 (1997) (Claremont II)—is viewed as having issued four mandates for the state: (1) define an adequate education; (2) determine the cost; (3) fund it with constitutional taxes; and (4) ensure its delivery through accountability. See Londonderry Sch. Dist. SAU No. 12 v. State, 154 N.H. 153, 156, 907 A.2d 988, 990 (2006).

    • The state’s obligation also includes ensuring that the funding provided is sufficient to deliver the constitutionally required educational opportunities in every school district. See Contoocook Valley Sch. Dist. v. State, No. 2024-0121, 2025 WL 1802543 (N.H. July 1, 2025) (also finding that while the Courts may provide guidance on adequate funding levels, the legislature retains the authority to adjust funding as necessary).

    • The legislature has codified the state’s relevant requirements in RSA 193-E:2-a, which outlines the specific educational areas and standards that constitute an adequate education (e.g. English, mathematics, science, social studies, arts, and physical education). N.H. Rev. Stat. § 193-E:2-a


    State constitutional protections regarding non-discrimination and equity

    • “Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.” N.H. Const. Pt. 1, Art. 2d.

    • In In re Certain Scholarship Funds, the New Hampshire Supreme Court held that state participation in administering discriminatory educational trusts violated Part I, Article 2 of the New Hampshire Constitution, emphasizing that the state cannot engage in or perpetuate discrimination based on gender or religion. 133 N.H. 227 (1990).

    • The constitutional language of Article 83 prohibits the use of public funds for schools or institutions affiliated with religious sects or denominations, ensuring that public education remains secular and inclusive. See Contoocook Valley Sch. Dist. v. State, 174 N.H. 154, 261 A.3d 270 (2021).

    Other relevant state constitutional civil rights protections

    N/A


  • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

    • RSA 354-A: New Hampshire Law Against Discrimination – prohibits “discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin.” https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-354-A.htm

    • RSA 186-C: Special Education – protects “rights of children with disabilities and parents of such children.” https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XV-186-C.htm

    Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    • RSA 193-F: Pupil Safety and Violence Prevention Act – protects pupils against bullying motivated by “a pupil's actual or perceived race, color, religion, national origin, ancestry or ethnicity, sexual orientation, socioeconomic status, age, physical, mental, emotional, or learning disability, gender, gender identity and expression, obesity, or other distinguishing personal characteristics, or based on association with any person identified in any of the above categories.”

    https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XV-193-F.htm

    • 354-A: 27 Opportunity for Public Education Without Discrimination a Civil Right. – No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion or national origin, all as defined in this chapter. https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-27.htm

    State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • RSA 354-A does not specifically use the term “color of law.” It focuses on prohibiting discrimination by employers, landlords, and places of public accommodation, regardless of whether the actor is a government official or a private party.

    • RSA 354-A does not explicitly use the phrase “pattern or practice.” The statute is primarily focused on providing remedies for individuals who have suffered discrimination. Complaints are generally filed by individuals or groups who are directly impacted.

    Anti-discrimination protections under state human rights statutes

    • RSA 354-A: New Hampshire Law Against Discrimination – prohibits “discrimination in employment, in places of public accommodation and in housing accommodations because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin.” https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-354-A.htm

    Private right of action provisions under state civil rights and human rights statutes

    • RSA 354-A: 21: Any person claiming to be aggrieved by an unlawful discriminatory practice may make, sign and file with the commission a verified complaint in writing which shall state the name and address of the person, employer, labor organization, employment agency or public accommodation alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the commission. The attorney general or one of the commissioners may, in like manner, make, sign, and file such complaint. https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-21.htm

    Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

    • RSA 354-A does not explicitly use the phrase “disparate impact.” 

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • Any person claiming to be aggrieved by a discriminatory practice prohibited under RSA 354-A:27 may initiate a civil action in superior court against a school or school district for legal or equitable relief, or file a complaint with the commission as provided in RSA 354-A:21. The attorney general may also initiate such a civil action in superior court or by complaint with the commission. https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-28.htm

    • Parents or guardians generally can file a complaint on behalf of student minors.

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    • 354-A:19 Retaliation and Required Records. – It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to discharge, expel, or otherwise retaliate or discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under this chapter. https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-19.htm

    • Elements:

    • Protected activity: “he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under [RSA 354-A]”

    • Adverse action: Plaintiff suffered a materially adverse action

    • Causal connection: The adverse action was taken because of the protected activity

    https://www.mclane.com/insights/do-your-managers-recognize-and-avoid-instances-of-retaliation/

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • Any complaint filed pursuant to this section by an aggrieved person must be filed within 180 days after the alleged act of discrimination. Any complaint filed pursuant to this section by the attorney general or one of the commissioners must be so filed within 180 days after the alleged unlawful discriminatory practice. https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-21.htm

How do I file a complaint about discrimination in a K-12 public school in New Hampshire? 

  • Who is eligible to file (students, parents, advocates, others)?

    • Students, parents/guardians, school employees, and any individual or organization aware of discrimination or harassment.

     

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • Yes, complaints should first go through the local school or district grievance process (Title IX, Title VI, ADA/504). The New Hampshire Department of Education (NHDOE) generally expects local resolution before state-level involvement.

    How to initiate the process (relevant websites, standard forms, submission locations)

    Can complaints be filed anonymously or confidentially?

    • Informal complaints may be anonymous, but formal complaints requiring investigation typically require identifying information. Confidentiality is maintained.

     Are there language access requirements for complaint processes?

    • Yes, districts must provide translation/interpretation for Limited English Proficient families under Title VI.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • Variation across districts in complaint procedures 

    • Limited statewide forms outside special education 

    • Families may be unaware of NHDOE escalation procedures

    Can complainants have advocates or legal representation?

    • Yes, complainants may bring attorneys or advocates at any stage.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • No, NHDOE does not provide free counsel; advocacy organizations may assist.

  • What are the required elements of the civil rights claim?

    • Description of discriminatory act(s) 

    • Basis for discrimination (race, sex, disability, national origin, religion, sexual orientation, gender identity) 

    • Names of individuals involved 

    • Timeline/dates 

    • Steps taken at the district level 

    • Requested remedy


    Who reviews claims and what timeframes apply?

    • District Title IX/504/Civil Rights Coordinator 

    • NHDOE Office of Civil Rights for escalated complaints

    • Timeframe:

      • District investigations: typically 30–60 days

      • NHDOE investigations: generally 60 days, depending on complexity


    What type of investigation may occur?Who participates in investigations?

    • Document review, interviews with complainants and witnesses, review of policies, collection of evidence.


    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • Special education complaints (IDEA): due process hearings available 

    • Other civil rights complaints: hearings not guaranteed; administrative review only


    What privacy/confidentiality protections exist?

    • FERPA protects student records; complainant identities kept confidential wherever possible.


    Are school districts required to publicly post civil rights complaint procedures?

    • Yes, districts must post nondiscrimination statements and coordinator contact information on websites and in student handbooks.

  • What is the appeals process, if any?

    • District decisions may be appealed to superintendent or school board 

    • IDEA due process hearing decisions can be appealed to state/federal court


    Are remedies legally enforceable once a violation is found?

    • Yes, corrective action plans, compensatory services, staff training, policy updates, and compliance monitoring.


    Are there other administrative processes that must be exhausted before taking legal action?

    • Yes, especially for IDEA complaints; recommended for other civil rights complaints before filing a lawsuit.


    Do state agencies publish complaint outcome data?

    • NHDOE does not generally publish detailed outcomes


    What enforcement mechanisms exist for non-compliance?

    • District monitoring for compliance 

    • Court enforcement if necessary

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    What enforcement powers does the AG possess in education-related cases?

    New Hampshire has two laws enforceable by the Attorney General relating to civil rights in education settings: (1) the Civil Rights Act and (2) the Law Against Discrimination.

    • Civil Rights Act (Section 354-B)

      • All persons have the right to engage in lawful activities and to exercise and enjoy the rights secured by the United States and New Hampshire Constitutions and the laws of the United States and New Hampshire without being subject to actual or threatened physical force or violence against them or any other person or by actual or threatened damage to or trespass on property when such actual or threatened conduct is motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability. (Section 354-B:1)

      • The attorney general has the power to enforce the Civil Rights Act by bringing a civil action for injunctive or other appropriate equitable relief when the Attorney General has probable cause to believe that any person has violated any provision of the Act. (Section 354-B:2)

    • Law Against Discrimination (Section 354-A)

      • Opportunity for Public Education Without Discrimination a Civil Right. – No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion or national origin, all as defined in this chapter. (Section 354-A:27)

      • This law can be enforced by the attorney general by initiating a civil action in superior court or by complaint with the State Commission for Human Rights (Section 354-A:28)

    Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)

    The Office of the Attorney General allows individual complaints to be submitted to the Civil Rights Unit. Complaints may be submitted online or via mail.


    Link to file complaint: NH Online Forms System - Civil Rights Complaint Form. Version 1.15

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

    The Office of the Attorney General contains a Civil Rights Unit. This unit handles civil rights cases involving the Civil Rights Act and the Law Against Discrimination (which includes education-related cases). There is not a unit that exclusively handles education issues. 

    Link to Civil Rights Unit page: Civil Rights Unit | New Hampshire Department of Justice

Other State Enforcement Systems

  • A complainant does not have to file with the Commission prior to filing suit. NH RSA 354:A-28 says a claimant “may initiate a civil action in superior court against a school or school district for legal or equitable relief, or file a co mplaint with the commission as provided in RSA 354-A:21.”

    • “When the investigating commissioner finds no probable cause to credit the allegations in the complaint, the complaint shall be dismissed, subject to a right of appeal to superior court. To prevail on appeal, the moving party shall establish that the commission decision is unlawful or unreasonable by a clear preponderance of the evidence. The findings of the investigating commissioner upon questions of fact shall be upheld as long as the record contains credible evidence to support them. If it reverses the finding of the investigating commissioner, the superior court shall remand the case for further proceedings in accordance with RSA 354-A:21, II, unless the complainant or respondent elects to proceed with a hearing in superior court pursuant to RSA 354-A:21-a.” NH RSA 354:A-21.

    • “In case of failure to eliminate an unlawful discriminatory practice complained of, or in advance thereof, if, in the judgment of the commissioner making the investigation, circumstances so warrant, the commissioner shall cause to be issued and served in the name of the commission, a written notice, together with a copy of such complaint, as the same may have been amended, requiring the person, employer, labor organization or employment agency named in such complaint, hereinafter referred to as respondent, to answer charges of such complaint at a hearing before 3 members of the commission, designated by the chair and sitting as the commission, at a time and place to be fixed by the chair and specified in such notice. The place of any such hearing shall be the office of the commission or such other place as may be designated by it.” NH RSA 354:A-21(II)(b).

    • “The case in support of the complaint may be presented before the commission by the complainant or complainant's representative and the commissioner who shall have previously made the investigation and caused the notice to be issued shall not participate in the hearing except as a witness, nor shall he participate in the subsequent deliberation of the commission in such case; and the aforesaid endeavors at conciliation shall not be received in evidence. The respondent shall file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. The commission or the complainant shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend his other answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and transcribed at the request of any party. The cost of transcription shall be borne by the party requesting the transcript unless the party is indigent, in which case the commission shall pay the cost.” NH RSA 354:A-21(II)(c).

    • If, after the hearing described above, the Commission finds the respondent engaged in an unlawful discriminatory practice, it issues findings of fact and serves a cease and desist. The Commission can also order compensatory damages and order the respondent to pay an administrative fine, detailed in NH RSA 354:A-21(II)(d)(1)–(3). NH RSA 354:A-21(II)(d).

    • “ If upon all the evidence the commission shall find that a respondent has not engaged in any such unlawful discriminatory practice, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such respondent. A copy of its order shall be delivered in all cases to the attorney general, and such other public officers as the commission deems relevant or proper. The commission shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure and its own actions thereunder.” NH RSA 354:A-21(II)(f).