The School Board shall meet at least once a month. Unless otherwise determined by Board action, regular meetings of the Board shall be held at SAU 1, Superintendent’s Office, on the first and third Tuesday of each month in a handicapped accessible location, beginning at 7:00 p.m.
Notice of all Board meetings will be posted in two appropriate places or printed in the local newspaper at least twenty-four (24) hours prior to the meeting. The Superintendent is authorized to post notice of meetings on the District website.
All regular meetings shall be open to the public. The Board will establish the agenda of each meeting. The Board reserves the right to amend the agenda during the meeting, should a majority of the board vote to do so. Additionally, the Board may or may not allow public comments at the meeting. Should the Board offer time for public comments, such comments may be restricted to agenda items only, and the Board may decline members of the public the opportunity to speak on items not on the agenda. Further clarification of public comments policies are located in Policies BEDH, KE, and KEB.
All changes of regular meetings from normal dates shall be advertised at least 24 hours prior to the date of the meeting. Special meetings can be held at the discretion of the Board Chair.
A majority of the Board shall constitute a quorum. Provisions for meeting a quorum are established in Board Policy BEDC.
The School Board recognizes that the consistent attendance of Board Members at Board Meetings is essential for the efficient, effective operation of the Board’s duties, as well as for fulfilling our individual obligations as elected officials. The Board Secretary is responsible for tracking attendance.
Legal References:
RSA 91-A, Access to Public Records and Meetings
N.H. Code of Administrative Rules, Section Ed. 303.01(f), Substantive Duties of School Boards
See also BEDH, KE, KEB
1st Read: August 14, 2012
2nd Read: September 18, 2012
Adopted: September 18, 2012
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[post_content] => The legal basis for education is vested in the will of the people as expressed in the Constitution of New Hampshire, the statutes* pertaining to education, court interpretation of these laws, the powers implied in them, and the rules and regulations of the State Board of Education.
In New Hampshire, School Districts are political subdivisions of the State and, as such, are considered municipal corporations.
The Contoocook Valley School District is a cooperative school district, established and governed by its Articles of Agreement. The date of operating responsibility as provided in RSA 195:18 (III)(j) is July 1, 1968. The Articles of Agreement may be amended from time to time according to the provisions therein.
The School District has adopted Official Ballot Voting and is subject to the requirements of RSA 40:13.
Board policies are established by the Board, which serves as an agent of the District.
Funds for school operating expenses are approved by a majority of qualified voters present and voting at the annual School District meeting, except that bond issues require approval by 60%.
Statutory/Case Law References:
New Hampshire Constitution, Pt. 2 Article 83
Claremont School District vs. Governor, 138 NH 183 (1993)
RSA 194:2, School Districts to be Corporations
RSA 195:6, Powers and Duties of Cooperative School Districts
RSA 40:13, Use of Official Ballot
RSA 195:18 Procedure for Formation of Cooperative School District
* The majority of state laws on education are in RSA Chapters 186 through 200H.
1st Read: June 19, 2012
2nd Read: August 14, 2012
Adopted: August 14, 2012
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[post_content] => The Contoocook Valley School Board recognizes that the public has vast resources of training and experience useful to schools. The strength of the local school district is in large measure determined by the degree to which these resources are tapped for advisory purposes and to the degree that theses resources are involved in supporting the improvement of the local educational program.
The Board shall encourage the involvement of citizens both as individuals and as groups to act as advisers and resource people in ways such as the following:
1. In solving specific problems;
2. In extending the instructional services of the classroom teacher in those instances where the specific talents of the layperson or persons complement such services;
3. In serving as advisory people to curriculum development projects.
The advice of the public will be given consideration. In the evaluation of such contributions, the first concern will be for the educational program as it affects the pupils. The final decision may depart from this advice when in the judgment of the administrative staff and the Board such advice is not consistent with goals adopted by the Board, current educational practice, or within the reach of the financial resources available.
April 2, 1991
[post_title] => ABA – Community Involvement In Decision Making
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[post_content] => The School Board, in accordance with the requirements of the federal and state laws, and the regulations which implement those laws, hereby declares formally that it is the policy of the Board, in its actions and those of its employees and students, that there shall be no discrimination on the basis of age, sex, gender, race, creed, color, marital status, physical or mental disability, national origin, sexual orientation, or any other categories protected by law for employment in, participation in, admission/access to, or operation and administration of any educational program or activity in the School District. Notwithstanding the language of any other policy adopted by this Board, we will abide by the Department of Education Final Rule 34 CFR Part 106.
Inquiries, complaints, and other communications relative to this policy and to the applicable laws and regulations concerned with non-discrimination shall be received by the Superintendent or designee.
For a list of responsible parties, please click here.
This policy of non-discrimination is applicable to all persons employed or served by the District. Any complaints or alleged infractions of the policy, law or applicable regulations will be processed through the non-discrimination grievance procedure. This policy implements PL 94-142, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Title VI or VII of the Civil Rights act of 1964, Title IX of the Education Amendments of 1972, and the laws of New Hampshire pertaining to non-discrimination.
Legal Reference:
RSA 354-A:6, Opportunity for Employment without Discrimination a Civil Right
RSA 354-A:7, Unlawful Discriminatory Practices
The Age Discrimination in Employment Act of 1967
Title I of The Americans with Disabilities Act of 1990
Title VII of The Civil Rights Act of 1964 (15 or more employees)
Appendix: AC-R
1st Read: July 7, 2020
2nd Read: July 28, 2020
Adopted: July 28, 2020
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[post_content] => I. RESTATEMENT OF POLICY PROHIBITING DISCRIMINATION ON THE BASIS OF SEX.
Per Board policy AC, Title IX of the Education Amendments Act of 1972 ("Title IX"), as well as RSA 193:38, among others, the District does not discriminate on the basis of sex in its educational programs and activities, including employment and admissions. All forms of sex-based discrimination, including sexual harassment are prohibited in the District.
II. TITLE IX SEXUAL HARASSMENT POLICY.
A. Application of This Policy.
While all forms of sex-based discrimination are prohibited in the district, the purpose of this policy is to address, and only to address, sexual harassment as defined in Title IX and Sec. II.B, below, that occurs within the educational programs and activities of the district, and to provide a grievance process for investigating and reaching a final determination of responsibility for a formal complaint of sexual harassment. The "Title IX Grievance Process" is set out in Sec. III below. While the District must respond to all "reports" it receives of sexual harassment, the Title IX Grievance Process is initiated only with the filing of a formal complaint.
The purpose of this Policy, however, is to address, and only to address, sexual harassment as defined in Title IX that occurs within the educational programs and activities of the district. For harassing conduct which does not meet the definition of sexual harassment under Title IX and this Policy, the District's response will be governed under other applicable laws and policies per Board policy AC, and policies referenced therein.
This Policy shall apply to all students, employees, and any third party who contracts with the District to provide services to District students or employees, upon District property or during any school program or activity.
Nothing in this policy will be construed to confer on any third party a right to due process or other proceedings to which student and employee respondents are entitled under this policy unless such right exists under law. Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement, the NH Division of Children, Youth and Families (DCYF), as appropriate. A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate.
The Superintendent shall have overall responsibility for implementing this Policy, and shall annually appoint a District Title IX Coordinator as that position is described in Section II.C, below. The name and contact information for the Title IX Coordinator is set forth in Board Policy AC-E, which shall be updated and disseminated annually.
B. Definitions.
As used in this Policy and the Title IX Grievance Process, the terms below shall have the meaning ascribed.
"Actual knowledge" occurs when the District's Title IX Coordinator or ANY employee of one of the District's schools (other than a "respondent" or alleged harasser) receives a notice, report or information or becomes aware of sexual harassment or allegations of sexual harassment.
"Complainant" is an individual who is alleged to be the victim of conduct that could constitute sexual harassment, whether or not that person files a report or formal complaint.
"Days" shall mean calendar days, but shall exclude non-weekend days on which the SAU office is closed (e.g., holidays, office-wide vacations), or any weekday during the school year on which school is closed (e.g., snow days).
"Decision Maker" means persons tasked with: the responsibility of making initial determinations of responsibility (at times referred to as "initial decision maker"); or the responsibility to decide any appeal (at times "appeals decision maker") with respect to formal complaints of sexual harassment in accordance with the Title IX Grievance Process.
"Determination of Responsibility" is the formal finding by the decision-maker on each allegation of Sexual Harassment contained in a Formal Complaint that the Respondent did or did not engage in conduct constituting Sexual Harassment under Title IX.
"Formal Complaint" means a document filed by a complainant, the complainant's parent/guardian, or the Title IX Coordinator, alleging sexual harassment against a respondent, and requesting that the district investigate the allegation of sexual harassment.
"Respondent" is an individual who is reported to be the individual accused of conduct that could constitute sexual harassment.
"Sexual harassment" prohibited under Title IX and by this policy is conduct on the basis of sex (including, without limitation, gender, sexual orientation, and/or gender identity), occurring in a school system education program or activity that satisfies one or more of the following:
1. A school district employee conditioning an aid, benefit, or service of an education program or activity on an individual's participation or refusal to participate in sexual conduct irrespective of whether the conduct is welcomed by the student or other employee;
2. Unwelcome sex-based/related conduct determined by a reasonable person to be so severe, pervasive, AND objectively offensive that it effectively denies a person equal access to the education program or activity (this standard requires consideration of all the facts and circumstances, including, but not limited to, the ages and disability statuses of the harasser and victim and the number of individuals involved and their authority; OR
3. Sexual assault, dating violence, domestic violence, or stalking as defined in state or federal law.
Behaviors that constitute sexual harassment may include, but are not limited to:
i. Sexually suggestive remarks or jokes;
ii. Verbal harassment or abuse;
iii. Displaying or distributing sexually suggestive pictures, in whatever form (e.g., drawings, photographs, videos, irrespective of format);
iv. Sexually suggestive gesturing, including touching oneself in a sexually suggestive manner in front of others;
v. Harassing or sexually suggestive or offensive messages that are written or electronic;
vi. Subtle or direct propositions for sexual favors or activities;
vii. Touching of a sexual nature or groping; and
viii. Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct.
Note: incidents of the above conduct would still need to satisfy one or more of the criteria in paragraphs 1-3 of this definition.
Sexual harassment may be directed against a particular person or persons, or a group, whether of the opposite sex or the same sex.
The context of behavior can make a difference between conduct falling within the technical definition of Sexual Harassment Under Title IX, and conduct of a sexual nature that is offensive or hostile in itself, but which does not arise to the level within that definition. District policies prohibit both, but for purposes of its Title IX obligations the District must address reports or complaints of conduct which may constitute sexual harassment as defined above, under this specific, limited scope Policy and Title IX Grievance Process. Except as used in other laws (e.g., Title VII) or policies (e.g., Board policy JICK pertaining to harassment, including of a sexual nature, other than Title IX sexual harassment, all references to "sexual harassment" in this policy mean sexual harassment that meets the above definition.
Conduct that satisfies this definition is not sexual harassment for purposes of this policy if the conduct occurred (1) outside the United States or (2) under circumstances in which the school system did not have substantial control over both the harasser/respondent and the context in which the harassment occurred.
NOTE Regarding Concurrent Enrollment and Dual Enrollment, Extended Learning Opportunities, 3rd Party Distance Learning and Other Alternative Instructional Programs: Under federal regulations, in order for the District to have jurisdiction over conduct that would otherwise meet the definition above of sexual harassment, the District must have substantial control over both the respondent and the context in which the harassment occurred. In general, this will mean that unless such learning program is occurring upon district property, conduct otherwise meeting the definition of sexual harassment within that program, may not be subject to this policy.
"Supportive Measures" are free, non-disciplinary, non-punitive, individualized services and shall be offered to the complainant, and may be offered to the respondent, as appropriate. These measures may include, but are not limited to, the following:
1. Counseling;
2. Course modifications;
3. Schedule changes; and
4. Increased monitoring or supervision
Such measures shall be designed to restore or preserve equal access to the District's education programs and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District's educational environment and/or deter sexual harassment. Supportive measures shall remain confidential with exclusive exceptions stated required in Sec. II.E, below.
C. Title IX Coordinator.
The Title IX Coordinator shall respond promptly to all general reports as well as formal complaints of sexual harassment. The Title IX Coordinator shall receive general and specific reports of sexual harassment, and coordinate the District's responses to both reports and formal complaints of sexual harassment so that the same are prompt and equitable. In addition to any other specific responsibilities assigned under this Policy, or as assigned by the Superintendent, the Title IX Coordinator will be responsible for:
1. meeting with a complainant, and informing the parent/guardian once the Title IX Coordinator becomes aware of allegations of conduct that could constitute sexual harassment as defined in this Policy;
2. identification and implementation of supportive measures;
3. signing or receiving formal complaints of sexual harassment;
4. engaging with the parents/guardians of parties to any formal complaint of sexual harassment;
5. coordinating with District and school-level personnel to facilitate and assure implementation of investigations, and remedies, and helping to assure that the District otherwise meets its obligations associated with reports and complaints of sexual harassment;
6. coordinating with the Superintendent with respect to assignment of persons to fulfill the District's obligations, both general and case specific, relative to this Policy (e.g., investigator, decision makers, etc.; this may involve the retention of third-party personnel.);
7. coordinating with District and school-level personnel to assure appropriate training and professional development of employees and others in accordance with Sec. II.D of this Policy; and
8. helping to assure that appropriate systems are identified and maintained to centralize sexual harassment records and data.
In cases where the Title IX Coordinator is unavailable, including unavailability due to a conflict of interest or other disqualifying reason (see Sec. II.G, below), the Superintendent shall assure that another person with the appropriate training and qualifications is appointed as acting Title IX Coordinator for that case, in such instances "Title IX Coordinator" shall include the acting Title IX Coordinators.
D. Training.
All District employees shall receive regular training relative to mandatory reporting obligations, and any other responsibilities they may have relative to this Policy.
Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must receive training on the definition of sexual harassment, this Policy, the scope of the District's education program or activity, and how to conduct an investigation (including the requirements of the reporting and the Title IX Grievance Process, including hearings, appeals, and information resolution processes). The training must also include avoiding prejudgment of the facts, conflicts of interest and bias.
Decision-makers must also receive training on issues of relevance of questions and evidence, including when questions about the complainant's sexual predisposition or prior sexual behavior are not relevant.
Investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes, must promote impartial investigations and adjudications of formal complaints of sexual harassment, and must be made available to the public as provided in Sec. II.H of this Policy.
E. Confidentiality.
The District will respect the confidentiality of the complainant and the respondent as much as possible, however, some information may need to be disclosed to appropriate individuals or authorities. All disclosures shall be consistent with the District's legal obligations and the necessity to investigate allegations of harassment and take disciplinary action. Examples of required disclosure include:
1. information to either party to the extent necessary to provide the parties due process during the Title IX Grievance Process;
2. information to individuals who are responsible for handling the District's investigation and determination of responsibility to the extent necessary to complete the District's grievance process;
3. mandatory reports of child abuse or neglect to DCYF or local law enforcement (per Board policy JLF);
4. information to the complainant's and the respondent's parent/guardian as required under this Policy and or the Family Educational Rights and Privacy Act ("FERPA"); and
5. reports to the New Hampshire Department of Education as required under N.H. Code of Administrative Rules Ed 510 regarding violations of the NH Code of Conduct for Education Professionals.
Additionally, any supportive measures offered to the complainant or the respondent shall remain confidential to the extent that maintaining such confidentiality would not impair the ability of the school district to provide the supportive measures.
Except as specified above, the District shall keep confidential the identity of:
1. Any individual who has made a report or complaint of sex discrimination;
2. Any individual who has made a report or filed a formal complaint of sexual harassment;
3. Any complainant;
4. Any individual who has been reported to be the perpetrator of sex discrimination (34 CFR 106.71 (a));
5. Any respondent; and
6. Any witness.
Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide the supportive measures.
F. Retaliation Prohibited.
Retaliation against any person who makes a report or complaint, or against any person who assists, participates, or refuses to participate (34 CFR 106.71 (a)) in any investigation of an act alleged in this Policy is prohibited. Actions taken in response to materially false statements made in bad faith, or to submitting materially false information in bad faith, as part of a report or during the Title IX Grievance Process do not constitute retaliation. A finding of responsibility alone is insufficient to conclude that a person made a materially false statement in bad faith. Complaints of retaliation with respect to reports or formal complaints of sexual harassment shall be filed under the District's general grievance process.
G. Conflict of Interest.
No person designated as a Title IX Coordinator, investigator, decision-maker, nor any person designated by the District to facilitate an informal resolution process, may have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent.
H. Dissemination and Notice.
The District shall include in all student and employee handbooks, and shall make publicly available on the district's website the following information:
1. The District's policy of non-discrimination on the basis of sex (included in Board policy AC).
2. The title, name, office address, email address, and telephone number of the Title IX Coordinator (to be provided pursuant to Board policy AC and its addendum, updated annually, AC-E;
3. the complaint process;
4. how to file a complaint of sex discrimination or sexual harassment;
5. how the District will respond to such a complaint; and
6. a statement that Title IX inquiries may be referred to the Title IX Coordinator or to the Assistant Secretary for Civil Rights.
The same information shall be provided to all persons seeking employment with the District, or seeking to enroll or participate in the District's educational programs or activities.
Additionally, the District will make this Policy, as well as any materials used to train personnel as required under Sec. II.D publicly available on the district's website.
I. Records and Record Keeping.
1. For each report or formal complaint of sexual harassment, the District, through the Title IX Coordinator, must create, and maintain for seven (7) years, record of:
a. Any actions, including any supportive measures,
b. The basis for the District's conclusion that its response was not deliberately indifferent; and
c. Documentation which:
• If supportive measures were provided to the complainant, a description of the supportive measures taken designed to restore or preserve equal access to the District's education program or activity; or
• If no supportive measures were provided to a complainant, explains the reasons why such a response was not clearly unreasonable in light of the known circumstances.
2. In addition, the District shall maintain the following records for a minimum of seven (7) years:
a. Records for each formal complaint of sexual harassment, including:
• Any determination regarding responsibility, including dismissals;
• Any disciplinary sanctions imposed on the respondent;
• Any remedies provided to the complainant designed to restore or preserve equal access to the District's education program or activity;
• Any appeal and the result therefrom;
• Any informal resolution process and the result therefrom;
b. All materials used to train Title IX Coordinators, investigators, and decision-makers.
J. Reports of Sexual Harassment, Formal Complaints and District Responses.
1. Report of Sexual Harassment.
NOTE: A report does not initiate the formal Title IX Grievance Process. That process is begun only upon the filing of a formal complaint under the procedures set out in II.J.3, and III.A, below.
Any person may report sexual harassment whether relating to her/himself or another person. However, if any District employee - other than the employee harasser, or the Title IX Coordinator - receives information of conduct which may constitute sexual harassment under this Policy, s/he shall, without delay, inform the Title IX Coordinator of the alleged sexual harassment. Failure to report will subject the employee to discipline up to and including dismissal.
A report of sexual harassment may be made at any time, in person, by mail, by telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report. Additionally, while the District strongly encourages reports of sexual harassment to be made directly to the Title IX Coordinator, the report may be made to any District staff member, including, for instance, a counselor, teacher or principal.
If the Title IX Coordinator is the alleged respondent, the report or formal complaint may be made directly to the Superintendent, who shall thereafter fulfill the functions of the Title IX Coordinator regarding that report/complaint, or delegate the function to another person.
NOTE: For any allegation of sexual assault on a student under the age of 18, such conduction shall be reported immediately to the DCYF per Board policy JLF. If the alleged respondent (perpetrator) is a person holding a license or credential from the New Hampshire Department of Education (i.e., "credential holder"), then a report shall also be made pursuant to Board policy GBEB.
2. District Response to Report of Sexual Harassment.
The district will promptly respond when there is actual knowledge of sexual harassment, even if a formal complaint has not been filed. The district shall treat complainants and respondents equitably by providing supportive measures to the complainant and by following the Title IX Grievance Process prior to imposing any disciplinary sanctions or other actions that are not supportive measures against a respondent. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. (The Title IX Coordinator may offer supportive measures to a complainant, even if the information from the complainant does not/does not appear to meet the full definition of sexual harassment under this Policy. Districts should consult with counsel before it "imposes" any supportive measures against a respondent.)
As soon as reasonably possible after receiving a report of alleged sexual harassment from another District employee or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:
i. discuss the availability of and offer supportive measures;
ii. consider the complainant's wishes with respect to supportive measures;
iii. inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
iv. explain to the complainant the process for filing a formal complaint.
3. Formal Complaints.
Pursuant to federal regulations, and this Policy, a formal complaint that contains an allegation of sexual harassment and a request that the District investigate the allegations is required before the District may conduct a formal investigation of sexual harassment or take any action (other than supportive measures) against a person accused of sexual harassment. Once a formal complaint of sexual harassment is received by the Title IX Coordinator, s/he shall commence the Title IX Grievance Process set out in Sec. III below. The process for filing a formal complaint is set forth in Sec. III.A.
4. Limitation on Disciplinary Action.
In no case shall the District impose disciplinary consequences or sanctions against a respondent who has been accused of conduct which may constitute sexual harassment, until the Title IX Grievance Process has been completed.
5. Emergency Removal and Administrative Leave.
At any point after receiving a report or formal complaint of sexual harassment, the Title IX Coordinator (or other District official charged with a specific function under this Policy or the Title IX Process: e.g., investigator, decision maker, etc.) may request the Superintendent to direct that an individualized safety and risk analysis be performed to determine whether a respondent student is an immediate threat to the physical health or safety of any person. In the event that the safety and risk analysis determine that the respondent student does present an immediate threat to the physical health and safety of any person, the District may remove that student, provided that such removal is in full compliance with the IDEA, a student's IEP and or 504 plan if applicable. Such emergency removal shall not be disciplinary. However, the District must provide the respondent with notice and an opportunity to challenge the decision immediately following the removal, and shall continue to offer educational programming until a final determination is made pursuant to the Title IX Grievance Process.
The Title IX Coordinator shall keep the Superintendent of Schools informed of any employee respondents so that he/she can make any necessary reports to New Hampshire Department of Education in compliance with applicable administrative rules and the New Hampshire Code of Conduct for Educational Professionals. In appropriate cases, the Superintendent may place an employee respondent on non-disciplinary administrative leave pursuant to RSA 189:31.
III. TITLE IX GRIEVANCE PROCESS.
The Title IX Grievance Process is used only upon the filing of a formal complaint of sexual harassment as described in Sec. III.A, below. The provisions of Section I of the Policy are incorporated as part of the Title IX Grievance Process. Upon receipt of a formal complaint of sexual harassment, the Title IX Coordinator will coordinate the District's efforts to comply with its responsibilities related to the Title IX Grievance Process.
A. Process for Filing a Formal Complaint of Sexual Harassment.
The Title IX Grievance Process is initiated by way of a formal complaint ("complaint" or "formal complaint") filed by the complainant, the complainant's parent/guardian, or the Title IX Coordinator. The complainant may file a complaint or choose not to file a complaint and simply receive the supportive measures. If the Complainant does not file a complaint, the Title IX Coordinator may sign a formal complaint, but only if initiating the grievance process against the respondent is not clearly unreasonable in light of the known circumstances, and in other cases where, in the exercise of good judgment and in consultation with the District's attorney as appropriate, the Title IX Coordinator determines that a grievance process is necessary to comply with the obligation not to be deliberately indifferent to known allegations of sexual harassment (e.g., reports of sexual assault, employee on student harassment, repeat reports, or the conduct in the complainant's report has not been adequately resolved through the provision of supportive measures). If the complaint is filed by the Title IX Coordinator, he/she is not a party to the action, and the District must comply with all of the provisions of the Title IX Grievance Process relative to respondents and complainants.
If no formal complaint is filed by the complainant or the Title IX Coordinator no disciplinary action may be taken against the respondent based upon conduct that would constitute sexual harassment under this policy.
Although there is no time limit per se to filing a formal complaint, for complaints initiated by the complainant or his/her parent/guardian, the complainant must be employed by the District or participating in or attempting to participate in the education program or activities of the District at the time of filing. Additionally, although the District will initiate the Title IX Grievance Process regardless of when the formal complaint is submitted, delays in reporting may significantly impair the ability of school officials to investigate and respond to the allegations.
At a minimum, a formal complaint must:
1. contain the name and address of the complainant and the student's parent or guardian if the complainant is a minor student;
2. describe the alleged sexual harassment,
3. request an investigation of the matter, and
4. be signed by the complainant or otherwise indicate that the complainant is the person filing the complaint.
The complaint may be filed with the Title IX coordinator in person, by mail, or by email. Complaint forms may be obtained from the Title IX Coordinator or on the District and school website.
B. Initial Steps and Notice of Formal Complaint.
1. The Title IX Coordinator will provide notice to the complainant and the complainant's parent/guardian (if the complainant is a non-eligible student under FERPA), and to the respondent (if known) and the respondent's parent/guardian (if the respondent is a non-eligible student under FERPA), as well as to any other known parties, of the following:
a. this Title IX Grievance Process, including any informal resolution process;
b. the allegations of sexual harassment potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview; "sufficient details" shall include to the extent known identities of persons involved, the conduct allegedly constituting sexual harassment, and the date and location of the incident;
c. a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process;
d. that each party may have an advisor of their choice, who may be, but is not required to be, an attorney;
e. that each party is entitled to inspect and review evidence; and
f. a reference to any provision in the District's code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
2. The Title IX Coordinator will contact the complainant to discuss and offer supportive measures.
3. The Title IX Coordinator may contact the respondent to discuss, and or impose, non-disciplinary supportive measures.
4. The Title IX Coordinator will examine the allegations in the formal complaint, to determine whether even if assumed true, the allegations are sufficient to sustain a finding of sexual harassment under this Policy. If the Title IX Coordinator was not involved with preparing the formal complaint, the Title IX Coordinator will contact the complainant to discuss the complaint and whether amendment is appropriate, in which case the process of Sec. III.C.4 will apply.
5. If the formal complaint fails to satisfy the definition of sexual harassment in this Policy, the complaint shall be dismissed as provided in Sec. III.G, below.
6. If the complaint is not dismissed, then the Title IX Coordinator will consult with the Superintendent as to whether the Title IX Coordinator should act as the investigator or whether a different District or other employee shall act in that capacity. At the same time, the Title IX Coordinator and the Superintendent shall appoint the person who shall make the initial determination of responsibility (initial decision maker). In all cases, the investigator and the initial decision maker must be properly trained and otherwise qualified (see Sec. II.D "Training", and Section II.G "Conflict of Interest").
7. If the report alleges sexual harassment by the Superintendent, the Title IX Coordinator will inform the School Board Chair and the Human Resource Director, the latter of whom shall have authority to seek guidance from the District's general counsel, but shall not delay the District's response to the report as outlined in this Policy.
C. General Provisions and Additional Definitions Relative to Title IX Grievance Process.
1. Copies and Notices. Except as specifically stated elsewhere in this Policy, for any document, information or material required to be delivered to a party or to a person assigned with responsibility under the Title IX Grievance Process, the manner of transmittal may be by electronic mail, regular mail or such other manner reasonably calculated to assure prompt delivery with evidence thereof (such as a commercial carrier or other receipted delivery). Hand delivery will only be permitted if made to the District official charged with the specific function under this Policy (e.g., Title IX Coordinator, Superintendent, investigator, decision maker(s), etc.). Any document required to be delivered to a minor or other non-eligible student, must also be delivered to the minor's parent/guardian. Copies should also be sent to a party's advisor if the information for the advisor has been previously communicated to the sending party. (Under federal regulations, copies of the investigative evidence, as well as the investigative report, must be forwarded to a party's advisor. See Sections III.E.3, and III.E.4).
2. Risk Analysis and Emergency Removal. At any point during the Title IX Grievance Process, the Title IX Coordinator may arrange for an individualized safety and risk analysis as described in Sec. II.J.5, following which a student may be removed.
3. Administrative Leave. At any point during the Title IX Grievance Process, the Superintendent, and at his/her own discretion, and with or without consulting the Title IX Coordinator, may place an employee on administrative leave pursuant to RSA 189:31.
4. Additional Allegations. If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that were not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.
5. No Interference with Legal Privileges. At no point in process will the Title IX Coordinator, the investigator, any decision maker, or any other person participating on behalf of the District, require, allow, rely upon, or otherwise use questions or evidence that constitutes, or seeks disclosure of, information protected under a legally recognized privilege (e.g., doctor/patient, attorney/client, clergy, etc.), unless the person holding such privilege (parent/guardian for minor student) has waived the privilege in writing to use the information with respect to the Title IX Grievance Process.
6. Consolidation of Complaints. The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent; or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular "party", "complainant", or "respondent" include the plural, as applicable.
7. Remedies: Range of Disciplinary Sanctions and Remedial Actions Upon Final Determination of Responsibility.
a. "Disciplinary sanctions" are consequences imposed on a respondent when s/he is found responsible for sexual harassment under this Policy. Remedial actions are actions intended to restore or preserve a complainant's equal access to the educational programs and activities of the District.
b. "Disciplinary sanctions" against an employee respondent may include any available sanction available for the discipline of employees, up to and including dismissal or non-renewal for any other violation of Board policy, NH Code of Conduct for Educational Professionals, applicable individual or collective bargaining contract, or state or federal laws or regulations.
c. "Disciplinary sanctions" against a student may include any available discipline or sanction, up to and including expulsion, under the policies, rules and procedures that establish the district's comprehensive student code of conduct.
d. "Remedial actions" as to a respondent after a final finding of responsibility, whether employee or student, may include the imposition upon a responsible respondent of any additional non-disciplinary measures appropriate to effecting a remedy for sexual harassment, and may include such measures as no-contact requirements, scheduling adjustments, removal or exclusion from extracurricular activities, class reassignments, limits on future class registrations, restrictions on access to various spaces in the school buildings, reassignment of attendance, and similar measures fine-tuned to respond appropriately to the circumstances surrounding a successful complainant's right to access the district's program and activity.
Additional remedial actions may include recommendations that a school-wide or system-wide response is needed in order to respond to the sexual harassment in a way that is not clearly unreasonable under the circumstances. In such cases, the Superintendent shall provide additional staff training, harassment prevention programs, or such other measures as determined appropriate to protect the safety of the educational environment and/or to deter sexual harassment.
D. Timeframe of Grievance Process.
The District shall make a good faith effort to conduct a fair, impartial grievance process in a timely manner designed to provide all parties with a prompt and equitable resolution. It is expected that in most cases, the grievance process will be concluded through at least the determination of responsibility decision within 80 days after filing the formal complaint. In more complex cases, the time necessary to complete a fair and thorough investigation or other circumstances mean that a determination of responsibility cannot reasonably be made within that time frame.
1. Summary of Grievance Process Timeline.
a. Investigation 20 +/- days as the complexity of the case demands (Sec. III.E.1)
b. 10 days for reviewing information prior to conclusion of investigation
c. 10 days after receiving report to respond to report
d. 10 days for decision maker to allow initial questions
e. 10 days for responses to questions
f. 10 days for questions and responses to follow-up questions.
g. 10 days for determination of responsibility decision
h. 10 days for appeal (6 additional days for administrative steps)
i. 10 days for argument/statement challenging or supporting determination
j. 10 days for decision on appeal
2. Delays and Extensions of Time. At any stage of the grievance process, the District (through the Superintendent, or if the Superintendent is the respondent, the Title IX Coordinator or designee) may for good cause allow for temporary delays or extensions of time upon request of either party, or on his/her own initiative. Examples of good cause may include such things as availability of parties or witnesses, school or school administrative office holidays or vacations, referral back to an earlier stage of the grievance process, concurrent law enforcement or other agency activity, or need to obtain interpreters or accommodation of disabilities. For any such delay or extension of time, the Superintendent or the Title IX Coordinator will provide written notice to the parties of the delay/extension and the reason(s).
E. Investigation.
The Title IX Coordinator will coordinate the investigation. The investigator shall be as appointed pursuant to Sec. III.B.5.
1. The Title IX Coordinator may conduct the investigation, or, in consultation with the Superintendent, designate another qualified person to investigate. The investigation and investigator must:
a. Include objective evaluation of all relevant evidence, including inculpatory and exculpatory evidence. (Evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such evidence about the complainant's prior sexual behavior is offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the evidence concerns specific incidents of the complainant's prior sexual behavior with respect to the respondent and is offered to prove consent.)
b. Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on either of the parties;
c. Provide an equal opportunity for the parties to present witnesses, and other inculpatory and exculpatory evidence;
d. Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
e. Provide the parties with the same opportunities to have others present during any interview or other part of the investigation, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The investigator may restrict any others from participating, as long as the restrictions apply equally to both parties;
f. Provide, to a party (e.g., respondent or complainant - and parent/guardian as appropriate) whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate within the timeframes established in Sec. III.D, below.
g. Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint;
2. Prior to completion of the investigative report, the District, through the Title IX Coordinator, must send to each party and party's advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report;
3. The investigator must prepare a written investigative report that fairly summarizes relevant evidence, including, without limitation, witness credibility, discrepancies, inculpatory and exculpatory information, and relevant District policies, rules and regulations, and the manner in which the same were made known to the pertinent school populations or specific parties. The investigative report shall include a description of the procedural steps taken, starting with the receipt of the formal complaint, and continuing through the preparation of the investigative report, including any notifications to the parties, interview with parties and witnesses, site visit, and methods used to gather evidence.
4. The investigator shall provide the investigative report in hard copy or electronic format to the Title IX Coordinator, to each party and each party's advisor, if any. Each party will have 10 days from receipt to provide the Title IX Coordinator a written response to the investigative report.
5. It serves all parties when investigations proceed diligently and conclude within a reasonable time, which may vary case by case. In most cases, it is expected that the investigator will conclude the initial investigation, and provide the parties the evidence and other information required under Sec. III.E.2. Not more frequently than every other week, any party may request the Title IX Coordinator to obtain and provide the parties with a basic status report on the investigator's progress toward completion. In most cases, the investigator should conclude the investigation within 10-20 days after receiving a Formal Complaint.
F. Determination of Responsibility and Initial Decision Maker.
The determination of responsibility of the respondent shall be made by the initial decision maker as appointed pursuant to Section III.B.5.
1. Prior to making a determination of responsibility, the initial decision maker will afford each party 10 days to submit written, relevant questions to the initial decision maker that the party wants asked of any party or witness.
2. The initial decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant. Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant's prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the question and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
3. The initial decision maker will provide the questions to the party/witness, with copies to each party, and provide no less than 10 days for written responses, likewise to be provided to each party.
4. The initial decision maker will provide 5 days each for supplementary, limited follow-up questions and 5 days for answers, and may provide for additional rounds of follow-up questions, as long as the provision is extended to both parties equally.
5. The initial decision maker may not make any credibility determinations based on the person's status as a complainant, respondent or witness.
6. The respondent must be deemed to be not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
7. The initial decision maker may impose disciplinary sanctions and remedies as described in Section III.C7, above.
8. The standard to be used for formal complaints in determining whether a violation has occurred and/or that the respondent is responsible is the preponderance of the evidence standard, which is only met when the party with the burden convinces the fact finder (the initial decision maker) that there is a greater than 50% chance that the claim is true (i.e., more likely than not).
9. The initial decision-maker must issue a written determination/decision within 10 days after the close of the period for responses to the last round of follow-up questions. The written "Initial Determination of Responsibility" must include:
a. Identification of the allegations potentially constituting sexual harassment;
b. A description of the procedural steps taken from the receipt of the formal complaint through the Initial Determination of Responsibility, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearings held;
c. Findings of fact supporting the determination;
d. Conclusions regarding the application of the District's applicable codes of conduct, policies, administrative regulations or rules to the facts;
e. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility (i.e., whether or not the respondent is responsible for sexual harassment), and any disciplinary sanctions or remedies; and
f. The District's procedures and permissible bases for the complainant and respondent to appeal (as set forth in Section III.H, below).
10. The decision maker shall provide the Initial Determination of Responsibility to the Title IX Coordinator, the Superintendent and the parties simultaneously.
G. Dismissal of a Formal Complaint.
1. The District must dismiss a formal complaint with regard to Title IX sexual harassment if the alleged conduct:
a. Would not constitute sexual harassment, even if proved;
b. Did not occur in the District's education program or activity; or
c. Did not occur against a person in the United States.
2. The District may dismiss a formal complaint with regard to Title IX sexual harassment if at any time during the investigation or determination of responsibility stage(s):
a. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
b. The respondent is no longer enrolled or employed by the District; or
c. Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
3. Prior to dismissal of a complaint, the person responsible at that stage shall consult with the Superintendent.
4. Upon dismissal of a formal complaint, the District must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.
The dismissal of a formal complaint under Title IX does not preclude the District from continuing any investigation or taking action under other District policies, code of conduct or administrative rules/regulations. In some cases, the District may have an obligation to continue an investigation and proceed under a different policy or mandated process.
H. Appeals Process.
1. Either party may appeal the Initial Determination of Responsibility or the dismissal of a formal complaint or any allegation in a formal complaint by notifying the Superintendent in writing ("written appeal"), with a copy to the Title IX Coordinator. If there are multiple determinations of responsibility, the written appeal shall specify which ones are included in the appeal. The written appeal must be received by the Superintendent within 10 days of the Initial Determination of Responsibility or written notice of dismissal being communicated to the parties.
2. An appeal under this Policy may only be based upon one or more of the following bases, which must be stated specifically in the party's written appeal:
i. Procedural irregularity that affected the outcome of the matter;
ii. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
iii. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.
Appeals for any other reason or upon any determination of responsibility not included in the written appeal will not be heard.
Appeals pertain only to the determination of responsibility and non-disciplinary remedies. Once a determination of responsibility is final per Sec. III.I, below, appeals of disciplinary sanctions may be made pursuant to the District's ordinary review process for discipline, or, to the extent applicable, any statutory or other processes provided under collective bargaining agreements or individual contracts.
3. Within 3 days of receipt of the written appeal, the Superintendent shall appoint a decision maker for appeal ("appeals decision maker"), who must have adequate training as provided in Section II.D, be free from conflict of interest as provided in Section II.G, and may not be the same person as the initial decision maker, the person who ordered dismissal, the investigator(s), or the Title IX Coordinator. Upon the appointment of the appeals decision maker, the Superintendent shall provide a Notice of Appeal to each party and to the Title IX Coordinator, with a copy of the written appeal. The Notice of Appeal must include information about all deadlines and timeframes in the appeal stage.
4. Each party shall have 10 days from the date the Notice of Appeal is delivered to the parties to submit to the appeals decision maker a written statement, with copies to the Superintendent, Title IX Coordinator, and other party a statement ("appeal statement") in support of, or challenging, the determination of responsibility or dismissal.
5. Each party shall provide copies of the appeal statement to the other party, the Superintendent, and the Title IX Coordinator at the same time the appeal statement is given to the appeals decision maker. If the basis of the appeal is newly available evidence affecting the outcome, the party shall submit such evidence or a summary of such evidence along with the party's appeal statement.
6. The appeals decision maker may refer an appealed issue back to a prior point in the grievance process, with written notice to the parties, the Superintendent and the Title IX Coordinator.
7. The appeals decision maker shall provide a written appeals decision after considering the record and the parties' appeal statements. The appeals decision maker will only overturn the Initial Determination of Responsibility upon a conclusion that it was clearly erroneous (i.e., either made on unreasonable grounds, or without any proper consideration of the circumstances). If the basis or one of the bases for the appeal was new evidence, the appeals decision maker may either make a determination of responsibility regarding that evidence, or refer it back to the appropriate stage of the Title IX Grievance Process. The written appeals decision will describe the result(s) of the appeal and the rationale, with copies provided to the parties, Superintendent and Title IX Coordinator, no more than 10 days after receiving the last of the parties' written statements per Section III.H.5.
I. Finality of Determination of Responsibility.
The determination regarding responsibility becomes final either on the date that the recipient, through the Superintendent, provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal of the Initial Determination of Responsibility would no longer be considered timely. The final determination shall be identified as the Title IX Decision.
Once the Title IX Decision is final, the District may implement remedies and disciplinary sanctions. The Title IX Coordinator is responsible for effective implementation of any non-disciplinary remedies, with the assistance of building and District administrative personnel, while disciplinary sanctions will be imposed by persons charged with such responsibilities under other Board policies, regulations or administrative procedures.
The District may also proceed against the respondent or complainant pursuant to the District's applicable code of conduct or other Board policies, collective bargaining agreement, individual contract or administrative rules/regulations/procedures. The issue of responsibility for the conduct at issue shall not be subject to further review or appeal within the District.
J. Informal Resolution.
At any time prior to reaching a determination regarding responsibility (but only after the filing of a formal complaint), the District may offer an optional informal resolution process (e.g., mediation, arbitration), provided that the District:
1. Provides written notice to the parties disclosing:
a. The allegations of the formal complaint;
b. The requirements of the information resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to an informal final resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and
c. Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
2. Obtains the parties' voluntary written consent to the informal resolution process; and
In no event may the District offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
Legal References:
Title IX of the Education Amendments of 1972, 20 U.S.C 1681, et seq20 U.S.C. §1232g, Family Educational Rights and Privacy Act
34 CFR. Part 99, Family Educational Rights and Privacy Act Regulations
34 CFR 106.8, Designation of responsible employee and adoption of grievance procedures.
34 CFR 106.30, Definitions
34 CFR 106.44, Recipient's response to sexual harassment
34 CFR 106.4, Grievance process for formal complaints of sexual harassment
34 CFR 106.71, Retaliation
RSA 193:38, Discrimination in Public Schools
NH Dept of Ed. Rules Ed 303.01 (i), School Board Substantive Duties
Ed 303.01(j), Substantive Duties of School Boards; Sexual Harassment Policy
Adopted: January 18, 2022
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[post_date] => 2015-08-12 18:38:42
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[post_content] => The ConVal School District will ensure that all students with a handicap or disability are provided all necessary procedural safeguards as are required by law. Such procedural safeguards are found in pertinent federal and state laws and regulations. In addition, all staff, students, parents, and other interested persons are directed to the New Hampshire Department of Education Procedural Safeguards Handbook.
Legal References:
NH Department of Education Administrative Rules, Ed 1120, Procedural Safeguards
34 C.F.R. Part 104, Nondiscrimination on the Basis of Handicap
Section 504 of The Rehabilitation Act of 1973
Category: Priority/Required By Law
1st Read: September 3, 2019
2nd Read: September 17, 2019
Adopted: September 17, 2019
[post_title] => ACE - Procedural Safeguards Nondiscrimination on the Basis of Disability
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[post_content] => As trustees of the ConVal School District, we recognize that parents, students, the community, and the public school system all share in the responsibility of public education.
We believe that:
• our public schools are entrusted with developing in all our students the knowledge, skills, character, and values of discipline, responsibility, effort, honesty, fairness, and a desire for lifelong learning, all of which are needed to manage one's life and to serve society's best interests.
• all students are entitled to develop their individual powers of intelligence: to think, to know, to reflect, to observe, to imagine, to appreciate, to question, and to judge. Such development should occur in a safe and nurturing environment.
• our public schools enhance the common good by instilling in students a sense of the nation's history and tradition, and the connection between the past, the present, and the future. Moreover, public education should educate the students not only to recognize, but also to appreciate the diversity that enriches our rapidly changing world. Finally, public education should instruct students in the rights and responsibilities of citizens in a free, democratic society.
• as valued professionals, our teachers and staff are the basis of our educational system and programs.
• parent and community involvement are essential to the ConVal School District, and we strive to be responsive to our community.
Legal Reference:
NH Code of Administrative Rules, Section Ed. 306.05, School Philosophy, Goals, and Objectives
1st Read: December 20, 2011
2nd Read: February 7, 2012
Adopted: February 7, 2012
[post_title] => AD - Education Philosophy
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[post_content] => A. Drug-Free Workplace
- All District workplaces are drug- and alcohol-free and are designated part of the Drug-Free School Zone under state law. All employees and contracted personnel are prohibited from:
a. Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the influence of any controlled substance, including any regulated cannabis infused product or any drug while on or in the workplace, including employees possessing a "medical marijuana" card.
b. Distributing, consuming, using, possessing, or being under the influence of alcohol while on or in the workplace.
2. For purposes of this policy, a "controlled substance or drug" means and includes any controlled substance or drug defined in the Controlled Substances Act, 21 U.S.C. § 812(c), or New Hampshire Controlled Drug Act RSA 318-B.
3. For purposes of this policy, "workplace" shall mean the site for the performance of work, and will include at a minimum any District building or grounds owned or operated by the District, any school-owned vehicle, and any other school-approved vehicle used to transport students to and from school or school activities. It shall also include off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction, care or control of the District.
4. As a condition of employment, each employee and all contracted personnel will:
a. Abide by the terms of this policy respecting a drug- and alcohol-free workplace, including any administrative rules, regulations or procedures implementing this policy; and
b. Notify his or her supervisor of his or her conviction under any criminal drug statute, for a violation occurring on District premises or while performing work for the District, no later than five (5) days after such conviction.
5. In order to make employees aware of dangers of drug and alcohol abuse, the District will endeavor to:
a. Provide each employee with a copy of the District drug- and alcohol-free workplace policy;
b. Post notice of the District drug- and alcohol-free workplace policy in a place where other information for employees is posted;
c. Establish a drug-free awareness program to educate employees about the dangers of drug abuse and drug use in the work place, the specifics of this policy, including, the consequences for violating the policy, and any information about available drug and alcohol counseling, rehabilitation, reentry, or other employee-assistance programs.
B. District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action; up to and including termination of employment. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.
The ConVal Board will take disciplinary action with respect to an employee convicted of a drug offense in the workplace, within thirty (30) days of receiving notice of a conviction. Should District employees or contracted personnel be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee/contracted personnel's conviction, within ten (10) days after receiving notice of the conviction.
The processes for disciplinary action shall be those provided generally to other misconduct for the employee/contractor personnel as may be found in applicable collective bargaining agreements, individual contracts, School Board policies, contractor agreements, and or governing law. Disciplinary action shall be applied consistently and fairly with respect to employees of the District and/or contractor personnel, as the case may be.
C. Drug-Free School Zone
Pursuant to New Hampshire's "Drug-Free School Zone" law (RSA Chapter 193-B), it is unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense or compound any controlled drug or its analog, within a "drug-free school zone" at any time during the year. The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B and N.H. Ed. Part 316 with respect to establishment, mapping and signage of the drug-free zone around each school of the District.
D. Implementation and Review
a. The Superintendent is directed to promulgate administrative procedures and rules necessary and appropriate to implement the provisions of this policy.
b. In order to maintain a drug-free workplace, the Superintendent will perform a biennial review of the implementation of this policy. The review shall be designed to (i) determine and assure compliance with the notification requirements of section A.5.a, b and d; (ii) determine the effectiveness of programs established under paragraph A.5.c above; (iii) ensure that disciplinary sanctions are consistently and fairly enforced; and (iv) and identify any changes required, if any.
E. Security of Prescribed Medications
Employees are responsible for maintaining the security of all prescribed medications (“medication”) while in the employ of the District. Employees shall only maintain on their person such medications as they may be required to self-administer during the school day. Except in the case of a medical emergency, employees shall not self-administer medication in the presence of students. Employees shall keep medications on their person or temporarily locked in their desk or other secure location during the school day. Employee medications shall not be stored overnight on school property. At no time shall employee medications be visible or left unattended and accessible to students.
Legal References:
- 41 U.S.C. §101, et. Seq. - Drug-free workplace requirements for Federal contractors, and Federal grant recipients
- RSA Chapter 193-B Drug Free School Zones
- RSA 126-X:3, Use of Cannabis for Therapeutic Purposes
Category: Priority-Required by Law
Identical Policy: GBEC
Related Policy: JICH
First Read: May 21, 2019
Second Read: June 4, 2019
Adopted: June 4, 2019
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[post_content] => State law prohibits the use of any tobacco product, E-cigarette, or liquid nicotine in any facility or upon any grounds maintained by the District. Students and minors are further prohibited from possessing such items in or upon any facility, school vehicle, or grounds owned or maintained by the District.
A. Definitions: These definitions shall also include any amendments to the referenced statutes as the same may be amended or replaced from time to time.
“Tobacco product(s)” means any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes, as well as any other product or item included in RSA 126-K:2, XI as the same may be amended or replaced from time-to-time.
“Device” means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Devices may include, but are not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, as well as any other object or item defined in RSA 126-K:2, II-a.
“E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name as well as any other product or item included in RSA 126-K:2, II-a as the same may be amended or replaced from time-to-time.
“E-liquid” means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation as well as any other substance included or defined in RSA 126-K:2, II-c.
“Liquid nicotine” means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes, as well as any other product or item included in RSA 126-K:2, III-a as the same may be amended or replaced from time-to-time.
“Facility” is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.
B. Students
No student shall purchase, attempt to purchase, possess or use any tobacco product, device E-cigarette, E-liquid or liquid nicotine in any facility, in any school vehicle, while attending any school-sponsored event, or anywhere on school grounds maintained by the District.
Enforcement of the prohibition against students shall initially rest with building principals, or their designees, who may also report any violation to law enforcement, for possible juvenile, criminal or other proceedings as provided under state law. Additional consequences may be administered pursuant to printed student conduct rules.
C. Employees
No employee shall use any tobacco product, device, E-cigarette, E-liquid, or liquid nicotine, in any facility, in any school vehicle or anywhere on school grounds maintained by the District.
Initial responsibility for enforcement of this prohibition shall rest with building principals, or their designees. Any employee(s) who violate(s) this policy is subject to disciplinary action which may include warning, suspension or dismissal. Violations may also be referred to appropriate law enforcement and/or other appropriate agencies for criminal or other proceedings as provided under state law.
D. All other persons
No visitor, contractor, vendor or other member of the public, shall use any tobacco product, device, E-cigarette, E-liquid, or liquid nicotine in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.
The building principal(s), and where appropriate, other site supervisor (athletic director, vehicle driver, etc.), or their designee(s), shall have the initial responsibility to enforce this section, by requesting that any person who is violating this policy to immediately cease the use of tobacco products, E-cigarette or liquid nicotine. After this request is made, if any person refuses to refrain from using such products in violation of this policy, the principal, site supervisor, or designee may contact the appropriate law enforcement agency(ies) for possible criminal or other proceedings as provided under state law.
E. Implementation and Notice – Administrative Rules and Procedures
The Superintendent shall establish administrative rules and procedures to implement this policy, which rules and procedures may be building level and/or district-wide. Rules and procedures relating to student violations and resulting disciplinary consequences should be developed in consultation with building principal(s).
The Superintendent, working with the building principal(s), shall provide annual notice to employees, students and parents of the pertinent provisions of this policy (e.g., student or staff handbook) along with applicable administrative regulations and procedures, which may include prescribed consequences for violations of this policy. Such notice should include information that violation of this Policy could lead to criminal or other such proceedings.
Signs shall be placed by the District in all buildings, facilities and school vehicles stating that the use of tobacco products is prohibited.
Legal References:
RSA 155:64 – 77, Indoor Smoking Act
RSA 126-K:2, Definitions
RSA 126–K:6, Possession and Use of Tobacco Products by Minors
RSA 126-K:7, Use of Tobacco Products on Public Educational Grounds Prohibited
Category: Priority-Required by Law
See also: ADB, GBEC, GBED, JICG, & JICH
District Revision History:
First Read: March 19, 2019
Second Read: April 2, 2019
Adopted: April 2, 2019
First Read: March 15, 2022
Second Read: April 5, 2022
Adopted: April 5, 2022
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[post_content] => The Board recognizes that effective learning and teaching takes place in a safe, secure and welcoming environment and that safe schools contribute to improved attendance, increased student achievement and community support. To that end, the Board directs the superintendent to develop a safe schools plan that includes:
1. Procedures that address the supervision and security of school buildings and grounds.
2. Procedures that address the safety and supervision of students during school hours and school sponsored activities.
3. Procedures that address persons visiting school buildings and attending school-sponsored activities.
4. Training programs for staff and students in crisis prevention and management.
5. Training programs for staff and students in emergency response procedures that include practice drills.
6. Training programs for staff and students in how to recognize and respond to behavior or other information that may indicate impending violence or other safety problems.
7. Training and support for students that aims to relieve the fear, embarrassment and peer pressure associated with reporting behavior that may indicate impending violence or other safety problems.
8. Procedures for safe, confidential reporting of security and safety concerns at each school building.
9. Procedures for regular assessments by school security/safety professionals and law enforcement officers to evaluate the security needs of each school building and to provide recommendations for improvements if necessary.
10. Procedures for regular assessments of school climate to determine whether students feel safe and to provide recommendations for improvements in school climate at each district building.
11. Procedures to provide for regular communications between district officials, law enforcement officers, fire department officials, city and county officials and local medical personnel to discuss crisis prevention and management strategies, including involvement by these parties in the development and revision of crisis prevention and management plans.
12. Training programs for staff and students in safety precautions and procedures related to fire prevention, natural disaster response, accident prevention, public health, traffic, bicycle and pedestrian safety, environmental hazards, civil defense, classroom and occupational safety, and special hazards associated with athletics and other extracurricular activities.
13. Procedures for the reporting of criminal activity to law enforcement. Each building principal shall be responsible for the supervision and implementation of the safe school program at his or her school. The principal shall submit annually, in the manner and by the date specified by the State Board of Education, a written report to the Board of Education concerning the learning environment in the school during that school year. The report shall contain, at a minimum, the information required by law.
Legal References:
RSA 193-D, Safe School Zones
RSA 193-F, Pupil Safety and Violence Prevention
NH Code of Admin. Rule. Section Ed. 306.04(a)(2), Promoting School Safety
Category: Recommended
See also EB, EBB, JICK
First Read: April 17, 2018
Second Read: May 1, 2018
Adopted: May 1, 2018
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[post_content] => The Board directs the Superintendent to establish an accountability system in order to collect data needed for evaluation of the district's compliance with state and federal laws on school accountability.
The Superintendent will ensure that the district's statistical reports are filed in a timely manner with the New Hampshire Department of Education.
Legal Reference:
RSA 189:28, Statistical Reports; Failure to File Reports
RSA 193-H:4, Local Education Improvement Plan; Strategic Responses
NH Code of Administration Rules, Section Ed. 306.23, Statistical Reports; Accountability
Category: Recommended
1st Read: June 19, 2012
2nd Read: August 14, 2012
Adopted: August 14, 2012
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[post_content] => The School Board shall evaluate the Superintendent annually. The evaluation shall be guided by the definitions of purpose and foundational values stated below. Evaluation of the Superintendent shall be limited to the duties of the Superintendent as stated in School Board policy CB.
Purpose. The purpose of evaluation of the Superintendent is to provide the Superintendent with formative feedback to help the Superintendent improve performance. In addition, the process will enable the Board to provide specific support to the work of the Superintendent and to facilitate on- going communication between the Board and the Superintendent on progress toward goal achievement. The summative evaluation may serve as a basis for decisions about compensation and continued employment.
Values. The evaluation process shall be planned mutually. It should further the organization’s goals as well as foster growth of the professional skills of the Superintendent. Improving student learning, the performance of the District’s staff, and the efficient and effective management of the organization should form the primary subject matter of each year’s evaluation process.
Communication Timeline. A committee of three members of the Board will represent the Board in formal communication with the Superintendent regarding evaluation. Those three members will be the Board Chair, Vice Chair, and the Chair of one of the other School Board Committees chosen by the Board Chairperson.
By the end of June each year the Board committee referenced above will meet with the Superintendent for a goal-setting conference.
By the end of November, the Board committee will meet with the Superintendent for a “check in” conference.
By the end of January each year, the Board committee will meet with the Superintendent to discuss, and summatively assess, the Superintendent’s performance including goal-achievement.
Structure of Goals and Evaluation. At the goal-setting conference, the Superintendent and the Board committee will agree on measurable goals for the Superintendent to pursue during the evaluation year.
Those goals will be based on School Board goals set for the upcoming year.
Forms and Data. Appended to this policy is an Implementation Procedure.
Board Review. Following the Board committee’s summative conference with the Superintendent, the Board committee will meet with the full Board and present a review of that conference. At this meeting, the Board may discuss a proposal for the Superintendent’s compensation and future employment.
Legal References:
N.H. Code of Administrative Rules, Section Ed 303.01(k), Substantive Duties of School Boards, Superintendent Evaluation
See also Policy CBI
First Read: October 5, 2021
Second Read: October 19, 2021
Adoption: October 19, 2021
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[post_content] => The ConVal School Board will attempt to conduct a review of goals. The Board will establish annual goals and objectives that will serve as a benchmark and criteria for annual reviews.
The following areas of Board operations and relationships are representative of those in which objectives may be set and progress appraised:
1. Relationship with the Superintendent
2. Community relations
3. Board meetings
4. Staff and Personnel Relationships
5. Relationship to Instructional Program
6. Financial Management of Schools
7. Policy development
8. Risk management
9. Other areas the Board determines should be evaluated
While the Board may decide to do so, it is not expected that every area listed above will necessarily be annually reviewed.
The Board desires that the annual self-evaluation and goal setting will clarify the Board’s role within the school community, address areas for the Board to improve, and address areas for which the Board should be commended.
Legal References:
NH Code of Administrative Rules, Section ED. 303.01 (g), Substantive Duties of School Boards
Appendix: BA-R1; BA-R2
Category: Recommended
First Read: October 2, 2018
Second Read: October 16, 2018
Adopted: October 16, 2018
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[post_content] => Generally
The policies of the Board are intended to establish the general and overall rules within which day-to-day operations of the School District are to be governed. Procedures for carrying out and implementing the broad policies of the Board on a day-to-day basis are to be fashioned and adopted by the administration, under the direction of the Superintendent. As applicable, members of the District community are expected to comply with both Board policy and administrative procedures, subject to the limitations and exceptions set forth herein. However, the failure of the Board or the Administration to comply with policy shall not invalidate any lawful action taken.
Contents of Board Policy and Administrative Procedure
The policies of the Board shall be composed of (1) the policies contained in this Policy Manual; (2) the contents of administrative job descriptions adopted by the Board; (3) all formal Student Handbooks; and (4) all formal Employee Handbooks.
Administrative procedure is not part of Board policy and may be altered by the administration without Board action. Administrative procedure, however, may not conflict with Board policy.
Limitations of Policy
Neither the policies of the Board nor the procedures of the administration are intended, nor shall they be construed, to supersede or preempt any applicable laws, whether constitutional, statutory, regulatory, or common in origin. Consequently, all Board policies and administrative procedures shall be given both an interpretation and application which is lawful. The Board shall have the final interpretation of its policies and the administration shall have the final interpretation of its procedures.
As the Board policies and administrative procedures are limited by legal constraints, so too are the rights of those to whom the Board policies and administrative procedures apply. Neither the policies of the Board nor the procedures of the administration are intended to expand the rights of individuals beyond those established by law or to give to any individual a cause of action not independently established in law. Enforcement of Board policy shall rest exclusively with the Board, and enforcement of administrative procedures shall rest exclusively with the administration.
Board policy and administrative procedure shall not preempt, create, supplant, expand or restrict the rights or liabilities of students, employee, taxpayers, or others within the School District beyond those that are established in law and are not intended to restrict or limit students, employees, or other members of the School District community from pursuing any claims or defenses available under law.
Exceptions
Exceptions to any policy or the application of any policy may be made if requested or recommended in accordance with the following procedures:
a. Any person may request an exception to any Board policy or the application of same by submitting a letter to the Superintendent. The request shall identify: (1) the name, address, and telephone number of the person making the request; (2) the policy for which the exception is being requested; (3) the action that the requesting individual desires, and (4) the rationale supporting the need for an exception.
b. The Superintendent or his/her designee, shall conduct a sufficient investigation of any request for an exception so as to be able to formulate a recommendation for the Board. Among the factors to be evaluated are the relevant facts related to the request, the rationale of both the policy and the request for the exception; and the disposition of prior requests for exceptions to the same or similar policies.
c. Following the Superintendent’s investigation, the Superintendent may place the request for exception on the agenda and shall report to the Board the circumstances surrounding the request and his/her recommended disposition. The person requesting the exception shall be notified in advance of this agenda item, and shall be given a reasonable opportunity to address the Board before the Board determines whether to grant the request for an exception.
d. The Board shall have final and exclusive authority to determine whether to grant any request for an exception and shall be the sole judge of whether the rationale for the exception is sufficient, taking into consideration the recommendation of the Superintendent. Moreover, the granting of exceptions in the same or similar cases shall not constitute binding precedent or practice inasmuch as the prior grant of an exception may establish that the granting of an exception is ill-advised.
e. Exceptions to administrative procedure shall be made in accordance with the procedures established by the Superintendent.
Category R
1st Read: February 21, 2012
2nd Read: April 17, 2012
Adopted: April 17, 2012
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[post_content] => State law provides that public schools will be operated and maintained by local School Boards. As agents of the state government, School Boards are required to carry out state laws pertaining to public education, and to carry out the policies and regulations of the State Board of Education. See RSA 186:5.
The Contoocook Valley Regional School Board is an instrument of the New Hampshire legislature and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and regulations of the State Board of Education.
(See also RSA Ch. 197:1, 671:4, and “Powers and Duties of School Boards” as established by the State Board of Education, policy file BBA.)
April 2, 1991
[post_title] => BB -- School Board Legal Status
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[post_content] => State law provides that public schools will be operated and maintained by local School Boards. As agents of the state, School Boards are required to implement state laws pertaining to public education and to carry out the rules of the State Board of Education.
The ConVal Board is an agent of the State and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and Rules of the State Board of Education.
This School Board shall exercise all the powers and duties prescribed to them by applicable state and federal laws, and rules of the New Hampshire State Board of Education.
Ed 303.01 Substantive Duties. Each school board shall:
(a) Adopt policies necessary and desirable to control and effectuate the recruitment, employment, evaluation and dismissal of teachers and other employees and may delegate authority to the superintendent of schools to carry out the provisions of such policies provided that no teacher shall be employed who is not certified or who has not been nominated by the superintendent of schools and elected by the school board;
(b) Adopt policies necessary and desirable to control and effectuate the purchase of equipment, supplies, or services and may delegate to the superintendent of schools the authority to make financial commitments in accordance with such policy;
(c) Provide, through documented planning and public meetings and quorum votes, accommodation for all pupils in approved schools or other facilities in accordance with state law;
(d) Provide required transportation of students consistent with these rules and provide that all school buildings and other learning environments be maintained in a manner consistent with standards of health and safety as required by these rules;
(e) Prepare an annual budget in accordance with RSA 32 and comply with all federal and state laws and rules;
(f) Hold meetings for the transaction of business at least once in 2 months and require the attendance of the superintendent or designee. The board shall cause a written record to be kept of each meeting in accordance with RSA 91-A;
(g) In consultation with the superintendent and in accordance with statutes and rules of the state board of education, determine the educational goals of the district, develop long-range plans and identify measurable and attainable short-term objectives. The school board shall require the implementation of educational programs designed to reflect the goals and objectives and, further, the school board shall review such programs and make public the results of such investigation;
(h) Exercise all powers and perform all duties vested in and imposed upon the school board by law or rules of the state board;
(i) Adopt a rule to ensure that there shall be no unlawful discrimination on the basis of sex, race, age, creed, color, marital status, national origin, or disability in educational programs or activities consistent with local standards which may be stricter in specific areas than the broader statewide standards;
(j) Establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all those who must comply, which includes, at a minimum, the elements specified below:
(1) A statement that sexual harassment is against the law and against school district policy;
(2) A definition of sexual harassment with examples of actions that might constitute sexual harassment;
(3) The names and roles of all persons involved in implementing the procedures;
(4) A description of the process so all parties know what to expect, including time frames and deadlines for investigation and resolution of complaints;
(5) A prohibition against retaliation toward anyone involved in a complaint;
(6) A description of possible penalties including termination;
(7) A requirement that a written factual report be produced regardless of the outcome of the investigation;
(8) At least one level of appeal of the investigators recommendation; and
(9) A clear statement that someone can bypass the internal process and proceed directly to the New
Hampshire commission on human rights, with address and phone number, or office of civil rights, with address and phone number; and
(k) Annually evaluate the superintendent based on written criteria established by the school board (s)/SAU board.
(l) Adopt a teacher performance evaluation system, with the involvement of teachers and principals, for use in the school district, pursuant to RSA 189:1-a,III.
Legal References:
RSA 189:1-a, Duty to Provide Education
RSA 195:5, Cooperative School Districts: School Board Powers and Duties
N.H. Code of Administrative Rules-Section Ed. 303.01, Duties of School Board
Category: R
1st Read: October 16, 2018
2nd Read: November 6, 2018
Adopted: November 6, 2018
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[post_content] => The authority of individual School Board members is limited to participating in actions taken by the Board as a whole when legally in session. Board members shall not assume responsibilities of administrators or other staff members. The Board or staff shall not be bound in any way by any action taken or statement made by any individual Board member except when such statement or action is pursuant to specific instructions and official action taken by the Board.
Each Board member shall review the agenda and any study materials distributed prior to the meeting and be prepared to participate in the discussion and decision-making for each agenda item. Each agenda will provide an opportunity for Board members to comment on District activities and/or educational issues. These comments may become topics for future Board discussions.
Board members may occasionally serve on committees or organizations for the purpose of reciprocal communication and reporting back to the Board. Committee assignments will be made by the Chairperson.
Each member is obligated to regularly attend Board and assigned committee meetings. Whenever possible, each Board member shall give advance notice to the Chairperson or Superintendent of his/her inability to attend a Board meeting.
Legal References:
RSA 91-A:2, Meetings Open to Public
RSA 91-A:2-a, Communication Outside Meetings
N.H. Code of Administrative Rules-Section Ed. 303.01, Substantive Duties of School Boards
Appendix: BBA-R
Category R
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
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[ID] => 95
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[post_date] => 2015-08-12 19:25:42
[post_date_gmt] => 2015-08-12 19:25:42
[post_content] => To become a candidate for the ConVal School Board, a person must be a registered voter in the district. No person holding the office of School Board member shall at the time hold the office of school district moderator, treasurer, or auditor. No person employed on a salaried
basis by the ConVal School District shall be a ConVal School Board member. Salaried positions shall include, but are not limited to, the following: teacher, custodian, administrator, secretary, school bus driver (if paid by the district), food service employee, and teacher's aide.
The same qualifications shall exist when the ConVal School Board seeks to fill vacancies.
Category O
Legal Reference:
RSA 197:26, Vacancies
RSA 671:14, School District Elections: Qualifications
RSA 671:18-19, School District Elections: Nominations
RSA 671:33, Vacancies
1
st Read: February 21, 2012
2
nd Read: April 3, 2012
Adopted: April 3, 2012
[post_title] => BBBA - Board Member Qualifications
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbba-board-member-qualifications
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[post_modified] => 2018-12-05 14:06:16
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[post_date] => 2015-08-12 19:28:42
[post_date_gmt] => 2015-08-12 19:28:42
[post_content] => If, for reasons of health, change in domicile, or any other compelling reason a member decides to terminate service, the Board requests earliest possible notification of intent to resign so that the Board may plan appropriately for a replacement. A letter of resignation should be sent to the chairman with a copy to the District clerk.
Vacancies shall be filled in accordance with RSA 197:26 and RSA 671:33.
Category: O
Legal References:
RSA 197:26, School Meetings & Officers: Vacancies
RSA 671:33, School District Elections: Vacancies
1st Read: February 21, 2012
2nd Read: April 17, 2012
Adopted: April 17, 2012
[post_title] => BBBC - Board Member Or District Officer Resignation
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbc-board-member-or-district-officer-resignation
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[post_modified] => 2015-08-12 19:31:55
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[post_date] => 2015-08-12 19:34:35
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[post_content] => School Board members may only be removed from office as provided in RSA 32:12 and RSA 42:1-a. RSA 32:12 prohibits School Board members from violating the provisions of RSA 32 relating to the expenditures of school district money. RSA 42:1-a prohibits school board members from breaching confidentiality standards. Violations of either of these statues may result in the board member being removed from office.
Category: O
Legal Reference:
RSA 32:12, Municipal Budget Law: Penalty
RSA 42:1-a, Oaths of Town Officers: Manner of Dismissal, Breach of Confidentiality
1st Read: February 5, 2013
2nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BBBD - School Board Removal From Office
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbd-school-board-removal-from-office
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[post_modified] => 2015-08-12 19:34:35
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[post_date] => 2018-05-31 13:55:58
[post_date_gmt] => 2018-05-31 17:55:58
[post_content] => In a cooperative school district, the remaining school board members representing the same town as the departed member shall fill a vacancy on the school board, provided that there are at least two such members. If there are fewer than two members representing that town, or if the remaining members are unable, by majority vote, to agree upon an appointment, the selectmen of the town involved shall fill the vacancy by majority vote. If the selectmen are unable to fill the vacancy, the cooperative school district moderator shall make the appointment. A member appointed to fill a vacancy under these circumstances shall serve until the next district election when the voters of the district shall elect a replacement for the unexpired term.
Legal Reference:
RSA 197:26, School Meetings & Officers: Vacancies
RSA 671:33, School District Elections: Vacancies
Category: O
1st Read: February 5, 2013
2nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BBBE -- Unexpired Term Fulfillment
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbe-unexpired-term-fulfillment
[to_ping] =>
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[post_modified] => 2018-05-31 13:55:58
[post_modified_gmt] => 2018-05-31 17:55:58
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[20] => WP_Post Object
(
[ID] => 6646
[post_author] => 9
[post_date] => 2023-04-26 11:58:23
[post_date_gmt] => 2023-04-26 15:58:23
[post_content] =>
A. General Policy
The Board will have one student school board member from Contoocook Valley Regional High School.
Student School Board members (“Student-members”) will not have the right to vote and will be excluded from all non-public sessions the Board enters.
B. Election and Term of Student School Board-Members.
Student-members will serve one-year terms, beginning on September 1, of each year.
Student-members will be chosen by the high school student body under procedures for nomination and election established by the student government of the high school.
C. Responsibilities of Student Government.
The student government of the high school shall establish procedures for:
1. The nomination and election of Student-member candidates;
2. Any public high school student in the school district to petition the Student-member to present proposals and opinions to the School Board;
3. Filling any vacancy that may occur in the Student-member position from that school.
Category R
Legal References:
RSA 189:1-c, School Board Student Member
RSA 194:23-f, High School Student as a Board Member
First Read: March 7, 2023
Second Read: March 21, 2023
Adopted: March 21, 2023
[post_title] => BBBF - Student Board Members
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
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[post_name] => bbbf-student-board-members
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(
[ID] => 1185
[post_author] => 10
[post_date] => 2016-03-22 15:10:40
[post_date_gmt] => 2016-03-22 19:10:40
[post_content] => AS A MEMBER OF MY LOCAL BOARD OF EDUCATION, I WILL STRIVE TO IMPROVE PUBLIC EDUCATION, AND TO THAT END I WILL STRIVE TO:
Attend all regular scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent of Schools.
Communicate to other Board members and the Superintendent expressions of public reaction to the Board policies and school programs;
Inform myself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by my state and national school boards associations;
Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;
Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law or is received in confidence or executive session;
Remember always that my first and greatest concern must be the educational welfare of the students attending the public schools.
Category: Recommended
Call Letter Update: October 16, 2018
Adopted: April 2, 1991
Readopted: July 19, 2011
[post_title] => BCA - School Board Member Ethics
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbfe-school-board-member-ethics
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[post_modified] => 2018-12-05 14:17:55
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[post_author] => 10
[post_date] => 2017-12-20 08:29:12
[post_date_gmt] => 2017-12-20 13:29:12
[post_content] => As elected officials, ConVal School Board members owe a duty of loyalty to the general public in protecting the school district’s interests. Therefore, the Board declares that a conflict of interest is a personal and/or pecuniary interest that is immediate, definite, and demonstrable and which is or may be in conflict with the public interest.
A Board member shall not participate in, or influence in any way, the discussion, bid specifications, or vote on any contract, service, collective bargaining issue, or personnel matter, where the Board member has, or appears to have, a direct personal and/or pecuniary interest. A Board member shall not purchase from sell to, or furnish for hire to the District any labor, equipment, goods, commodities, personal property, real estate, services, or supplies with a value in excess of $200.
As used in this policy, the term “Board member” includes a member of the Board members’ immediate family (i.e., spouse, child, siblings, and parents) and anyone residing in the Board members’ household.
A Board member shall not have any direct personal and/or pecuniary interest in a contract with the school district, nor shall he or she furnish directly any labor, equipment, or supplies to the District.
In the event a Board member is employed by a corporation or business or has a secondary interest in a corporation or business which furnishes goods or services to the School district, the Board member shall declare his interest and refrain from debating, discussing, or voting upon the question of contracting with the company.
It is not the intent of this policy to prevent the District from contracting with corporations of businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a Board member in a position where his interest in the public schools and his interest in his place of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist. Through the use of open competitive bidding or recusal of any Board member who has a conflict of interest, the Board will seek to obtain the best value for the district while avoiding impropriety or the appearance of impropriety.
Hiring Decisions regarding Family Members
Applicants for employment by the District shall be required to disclose if they are the father, mother, brother, sister, wife, husband, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of any member of the Board. The related Board member is obligated to disclose the fact that they are related to an applicant who is brought forward to the Board for hiring or appointment, and shall refrain from debating, discussing or voting upon the question of hiring the applicant.
The Superintendent shall refrain from hiring, or nominating to the Board for hire, anyone related to her/him as father, mother, brother, sister, wife, husband, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law without also disclosing the relationship to the Board and in the case where the Superintendent has the hiring authority, receiving prior consent from the Board to hire the related applicant.
This shall not apply to any person within such relationship or relationships who has been regularly employed by the Board prior to the inception of the relationship, the adoption of this policy, or a Board member’s election.
Vendor Relations
Except as set forth above, the District shall not purchase supplies, materials, or services from a member of the Board or from a member of his or her household or from a firm in which a Board member holds a major interest.
Legal References:
Marsh v. Hanover, 113 NH 667 (1973) and
Atherton v. Concord, 109 NH 164 (1968)
RSA 95:1, Public Officials Barred From Certain Private Dealings
Category: R - Recommended
See also: BBFE
1st Read: September 3, 2019
2nd Read: September 17, 2019
Adopted: September 17, 2019
[post_title] => BCB -- School Board Member Conflict of Interest
[post_excerpt] =>
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[comment_status] => closed
[ping_status] => closed
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[post_modified] => 2019-09-27 11:15:23
[post_modified_gmt] => 2019-09-27 15:15:23
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(
[ID] => 1251
[post_author] => 10
[post_date] => 2016-04-26 10:51:02
[post_date_gmt] => 2016-04-26 14:51:02
[post_content] =>
- At the first meeting of the School Board after the District Voting in March, the Board shall elect a Chairperson and a Vice-Chairperson. Candidates for Chairperson shall have served at least two years as a member of the Board. Candidates for Vice-Chairperson shall have served at least one year as a member of the Board.
- Method of Election. Candidates for each office shall declare in writing their candidacy at the first Board meeting in February of each year. Each candidate shall have the opportunity to speak to their qualifications at the following meeting and answer questions from Board members.
In the event that Board members may be leaving the Board, the candidates to replace them shall be invited and encouraged to attend this meeting.
The election of the Chairperson and Vice-Chairperson shall be done by a roll-call vote at the first meeting of the School Board after the District Voting in March. A plurality of votes cast during this open roll-call vote will be sufficient to elect a candidate.
- Term Limits.
The length of term for these offices shall be one year. A Board member may serve as either Chairperson or Vice-Chairperson, or four terms in a combination of these offices.
- Duties.
The Chairperson shall preside at all meetings and shall not originate or second motions; however, the Chairperson shall have the right to vote on all matters before the Board. The Chairperson shall consult with the Superintendent on the preparation of the agenda for each meeting, shall call special meetings as needed, shall have authority to sign contracts and other instruments as approved by the Board in its name and on its behalf, and shall have such other powers and duties as the Board may determine.
The Vice-Chairperson shall have the powers and duties of the Chairperson in his/her absence or for the duration of the disability, and such other powers and duties as the Board may determine.
- Resignation of Chairperson.
In the event that a Chairperson shall resign or be otherwise unable to serve a full term, the Vice-Chairperson shall assume the role of Chairperson. The Board will decide whether to elect an interim Vice Chairperson. If so, the aforementioned election procedure will be followed.
- Other Officers.
Secretary
The Secretary of the School Board is hired by the Superintendent subject to approval by the Board. The Secretary shall be responsible for Board correspondence when directed by the Chairperson. The Secretary shall attend all board meetings and keep an accurate record of all proceedings which she/he shall sign.
She/He shall have custody of the record books and documents of the School Board, which are to be available for public inspection at all reasonable times. She/He shall be responsible to the Superintendent in performance of duties.
Legal References:
RSA 195:5, Cooperative School District Officers: School Board Powers & Duties
RSA 197:20, School Meetings & Officers: Clerk Duties
RSA 197:22, School Meetings & Officers: Treasurers Bond
RSA 197:23-a, School Meetings & Officers: Treasurers Duties
RSA 671:23, School District Elections: Warrant
RSA 671:6, School District Elections: Other Officers
RSA 671:31, School District Elections: Reports by Clerk
Category: R
1
st Read: May 17, 2016
2
nd Read: June 7, 2016
Adoption: June 7, 2016
[post_title] => BDB -- Board Officers
[post_excerpt] =>
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[post_name] => bdba-board-officers
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[post_modified] => 2016-08-08 16:03:53
[post_modified_gmt] => 2016-08-08 20:03:53
[post_content_filtered] =>
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(
[ID] => 3150
[post_author] => 10
[post_date] => 2018-12-05 14:32:01
[post_date_gmt] => 2018-12-05 19:32:01
[post_content] => Clerk of the District
The Clerk of the District shall be appointed annually by the School Board. The Clerk shall keep a true record of each District meeting and make any reports to the State of New Hampshire as required by law.
Treasurer
The Treasurer of the District shall be appointed for a five-year term by the Board in cooperative Districts and shall not be a member of the School Board. He/She shall receive such remuneration as the District may determine and perform such duties pertaining to the fiscal affairs of the School District as outlined in the New Hampshire statutes relating to public schools.
A Deputy Treasurer shall be appointed by the Treasurer subject to the approval of the Board.
Legal References:
RSA 195:5, Cooperative School District Officers: School Board Powers & Duties
RSA 197:20, School Meetings & Officers: Clerk Duties
RSA 197:22, School Meetings & Officers: Treasurers Bond
RSA 197:23-a, School Meetings & Officers: Treasurers Duties
RSA 671:23, School District Elections: Warrant
RSA 671:6, School District Elections: Other Officers
RSA 671:31, School District Elections: Reports by Clerk
Category: O
See also BID
1st Read: August 14, 2012
2nd Read: September 18, 2012
Adopted: September 18, 2012
[post_title] => BDC -- Appointed Board Officials
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bdc-appointed-board-officials
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[post_modified] => 2018-12-05 14:32:01
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[ID] => 1183
[post_author] => 10
[post_date] => 2016-03-22 15:04:56
[post_date_gmt] => 2016-03-22 19:04:56
[post_content] => The School Board believes that policy-making is a primary function of the School Board and that the execution of those policies is the primary function of the Superintendent.
Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board’s policies and frees the Board to devote its time to policy-making and statutory functions.
The Superintendent is responsible for the administration of Board policies, the execution of Board decisions, the operation of school programs, for keeping the Board informed about school operations and issues.
Appendix: BDD-R
Category: Recommended
1
st Read: February 5, 2013
2
nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BDD - Board-Superintendent Relationship
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[post_modified] => 2018-12-05 14:35:30
[post_modified_gmt] => 2018-12-05 19:35:30
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(
[ID] => 6023
[post_author] => 9
[post_date] => 2022-04-25 11:10:16
[post_date_gmt] => 2022-04-25 15:10:16
[post_content] =>
Purpose:
The ConVal School Board utilizes standing committees to consider issues, proposals, and tasks in a smaller venue to allow members to delve more deeply into issues than may be possible at full School Board meetings. The committee structure is an efficient way of allowing for more thorough consideration of policy proposals, constructing budgets, initiating new programs, reviewing curricular issues, monitoring of progress toward Board goals, and Board communication. The committees may initiate and investigate any matter within their jurisdiction.
All recommendations of these committees should represent a majority vote of committee members. No vote or discussion of a standing committee – with the exception of the Student Discipline and Grievance Committees — will constitute a School Board decision unless so authorized by Board action at a public meeting.
Additional committees may be created, or existing committees dissolved, by a vote of the Board at the annual Board organizational meeting following the annual Board election.
The following committees currently exist as part of the governance of the Board:
- Budget and Property Education
- Policy
- Selectmen’s Advisory Committee
Committee Organization Each committee should have at least four members. The Chair of the Board, in consultation with Board members, makes committee appointments annually. These appointments are for a term of one year. All appointments will be made promptly after each Board election. An organizational meeting of each committee will be held annually promptly after each Board election and the announcement of committee appointments by the Board Chair.
A Chair for the committee will be selected annually by the appointed members of the committee at the organizational meeting of the committee. Any Board member may attend and participate in any committee meeting at any time. However, the voting members of each committee will be limited to those who have been appointed.
All committee meetings shall be posted publicly.
The Superintendent or designee shall attend committee meetings whenever possible, as non-voting members. The Chair of the committee is responsible for prioritizing issues, setting meeting agendas, dates, and times. A record must be kept of the proceedings of each committee meeting. That record must be approved by the voting membership of the Committee and kept on file at the Board office. The Chair of each standing committee shall be responsible for reporting on the committee’s business at the full Board meeting.
Committee Responsibility and Jurisdiction
Each committee of the Board will be assigned a jurisdiction. This jurisdiction will be reviewed and confirmed annually by the Board following the organizational meetings of all committees. Each committee Chair may periodically initiate review and adjustment of the committee’s jurisdiction when deemed appropriate; any change to a committee jurisdiction must be approved by the School Board. Committee jurisdictions will be posted on the School Board’s website.
A committee of the Board shall not appoint a committee of that committee without approval of the Board.
School Board Member Special Duty Assignments
Individual Board members may be designated to fulfill special assignments on behalf of the whole Board to facilitate the efficient, or confidential, completion of Board responsibilities.
The following special duty assignments will be made to facilitate Board governance:
- Negotiations/Grievance
- Student Discipline
- Review of the Manifest
- Representative to the New Hampshire School Board Association (NHSBA)
- Delegate Assembly
- Strategic Planning
Special Duty Assignment Procedures
The Chair of the Board, in consultation with Board members, makes special duty appointments annually. These appointments are for a term of one year. All appointments will be made promptly after each Board election.
The committees on Negotiation, Employee Grievance, or Student Discipline are not open to participation by Board members who have not been appointed. Nor are meetings of the Negotiations, Employee Grievance, or Student Discipline committee meetings open to the public.
Board members appointed to fulfill a special duty assignment will report to the full Board as requested to do so by the Board Chair. Board member(s) designated to review the Manifest prior to each Board meeting will bear the responsibility of moving for acceptance of the certified manifest at the Board meeting.
The Board member appointed as the representative of the ConVal School Board to the NHSBA Delegate Assembly will review all proposals with the Board prior to the annual Delegate Assembly and seek Board advice regarding their vote at the Delegate Assembly.
Ad-Hoc Committees of the Board
Ad hoc committees of the Board may be appointed by the Chair of the Board. The function of the ad hoc committee will be to study specific issues for a specifically limited period of time, and if appropriate, to make recommendations to the full Board for approval.
The dates, times, and location of ad hoc committee meetings will be posted publicly and the meetings will be open to all members of the Board. No vote or discussion of an ad hoc committee will constitute a decision of the Board, unless such authority is granted by the School Board at a public meeting.
The School Board may form committees with members of the public, students, parents, and/or employees to do specific tasks and make recommendations to the Board. The Board Chair may appoint members of the School Board to such ad hoc committees.
Meetings of ad hoc committees must be properly posted and open to the public. Board members not appointed by the Board Chair may attend and participate in ad hoc committee meetings but may not be voting members of the ad hoc committee.
The Board will establish the charge of the scope of responsibility for such ad hoc committees. Such ad hoc committees are advisory and have only such authority as specified by the Board. The Board will receive reports or recommendations from an ad hoc committee at the direction of the Board Chair.
A record must be kept of the proceedings of each meeting of an ad hoc committee. That record must be approved by the membership of the ad hoc committee and kept on file at the Board offices. The Board retains the right and has the duty to make all final decisions related to such reports or recommendations of an ad hoc committee. The Board reserves the right to limit, create or dissolve an ad h 