Privacy Law Library

Parental Bill of Rights (school records, data collection and recording provisions)

NH Parental Bill of Rights

Students · Children · Government records

Lists parental rights that public schools may not infringe without clear and convincing evidence of a narrowly tailored compelling interest. Privacy-related rights include opting a child out of nonacademic surveys and district-level data collection not required by law, accessing education and school-held medical records within 10 business days, and written consent before the school or state makes video or voice recordings of the child, with limited exceptions.

Where
New Hampshire
Citation
N.H. Rev. Stat. Ann. ch. 189-B (2025 N.H. Laws ch. 74)
Status
In force
In force since
2025-07-01
Last amended
2026-07-15
Enforced by
Courts, through parent lawsuits
People can sue
Yes
Penalties
Parents may sue the school for declaratory or injunctive relief and monetary damages; prevailing parents recover reasonable attorneys' fees and costs, including on appeal.
Applies to
  • Public school boards, public school districts, school administrative units, public charter schools and school personnel

Rights it gives people

  • Parents may be advised of, and opt their child out of, any nonacademic survey or questionnaire.RSA 189-B:4, I(j)
  • Parents may opt their child out of any district-level data collection not required by federal or state law.RSA 189-B:4, I(k)
  • Parents may access and review all education records of their minor child within 10 business days of a request, and all school-held medical records unless prohibited by law.RSA 189-B:4, I(o), (r)

Practices it requires

  • Obtain written parental consent before the state or a school makes a video or voice recording of a minor child, except for court proceedings, forensic interviews, safety and order in common areas or on buses, and other listed exceptions.RSA 189-B:4, I(p)
  • Schools may not infringe listed parental rights unless supported by clear and convincing evidence and narrowly tailored to a compelling state interest.RSA 189-B:7, I

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 2026 amendments (2026, 4:5-6 and 336:4) were identified from source notes only; their specific changes to the recording-consent exception list were not compared line by line

Research reference, not legal advice.