All employees of the District are expected to maintain high standards in their conduct both on and off duty. District employees are responsible for providing leadership in the school and community. This responsibility requires the employee to maintain standards of exemplary conduct. To these ends, the Board adopts the following statements of standards. District employees will adhere to the standards enunciated in this Policy in the decision-making process involving their interactions with students, the school community, colleagues, parents and the public.
A. Adoption and Incorporation of Standards of Code of Ethics for New Hampshire Educators.
The Board incorporates by reference and adopts as independent ethical standards relative to employment in the District, the provisions of the New Hampshire Code of Ethics for New Hampshire Educators (the “NH Code of Ethics”), as the same may be amended by the State from time to time.
B. Additional Ethical Standards.
In addition to the ethical standards set forth in the New Hampshire Code of Ethics, and without limiting the application thereof to District employment, employees will:
- Make the wellbeing of students the fundamental value of all decision-making and actions.
- Maintain a reasonable standard of care for the supervision, control and protection of students commensurate with their assigned duties and responsibilities.
- Maintain just, courteous, and proper relationships with students, parents, staff members, and others.
- Fulfill their job responsibilities with honesty and integrity.
- Obey all local, state, and national laws.
- Obey and implement the School Board’s policies, administrative rules and regulations.
- Avoid using position for personal gain through political, social, religious, economic, or other influence.
- Maintain the standards and seek to improve the effectiveness of the profession through research and continuing professional development.
- Honor all contracts until fulfillment or release.
- Maintain all privacy and confidentiality standards as required by law.
- Exhibit professional conduct both on and off duty.
C. Dissemination.
The content of this policy should be included in every employee/staff member handbook, and/or otherwise provided annually to each employee, designated volunteer, and contracted party.
Legal References:
N.H. Dept. of Education Administrative Rule – Ed 303.01
N.H. Dept. of Education Administrative Rule – Ed 510.01- 510.05, Code of Conduct for NH Educators
N.H. Dept of Education, Code of Ethics for NH Educators
Related Policies: GBEAB, GBEB, & GBEBB
1st Reading: November 19, 2019
2nd Reading: December 3, 2019
Adoption: December 3, 2019
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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
[post_title] => ADB - Drug-Free Workplace, Drug-Free Schools
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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
[post_title] => ADC – Tobacco Products Ban Use and Possession In and On School Facilities and Grounds
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[post_date] => 2018-05-10 12:13:26
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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
[post_title] => ADD: Safe Schools
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[post_date] => 2015-08-12 19:02:27
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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
[post_title] => AE - Accountability
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[post_date] => 2021-10-28 13:23:59
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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
[post_title] => AFB — Superintendent Evaluation
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[post_date] => 2015-08-11 18:34:49
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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
[post_title] => BA - Evaluation Of Board Operational Procedures
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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
[post_title] => BAAA - School Board Policies and Administrative Procedures
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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
[post_title] => BBA -- School Board Powers and Duties
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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
[post_title] => BBAA - School Board Member Authority
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[post_date] => 2015-08-12 19:25:42
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[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] =>
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[post_date] => 2015-08-12 19:28:42
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[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
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[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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[ID] => 101
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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
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[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
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[comment_status] => closed
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[post_name] => bbbe-unexpired-term-fulfillment
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[post_modified] => 2018-05-31 13:55:58
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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
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[ID] => 1185
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[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
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[post_name] => bbfe-school-board-member-ethics
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[post_modified] => 2018-12-05 14:17:55
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[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
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[post_modified] => 2019-09-27 11:15:23
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[ID] => 1251
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[post_date] => 2016-04-26 10:51:02
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[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
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[post_modified] => 2016-08-08 16:03:53
[post_modified_gmt] => 2016-08-08 20:03:53
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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] =>
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[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
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[ID] => 6023
[post_author] => 9
[post_date] => 2022-04-25 11:10:16
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[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 hoc committee at any time as it deems appropriate.
First Read: November 7, 2023
Second Read: November 14, 2023
Adopted: November 14, 2023
[post_title] => BDE – Committees and School Board Member Special-Duty Assignments
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bde-committees-and-school-board-member-special-duty-assignments
[to_ping] =>
[pinged] =>
[post_modified] => 2023-12-21 12:11:26
[post_modified_gmt] => 2023-12-21 17:11:26
[post_content_filtered] =>
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[guid] => https://schoolboard.convalsd.net/?post_type=district-policies&p=6023
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
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[27] => WP_Post Object
(
[ID] => 3156
[post_author] => 10
[post_date] => 2018-12-05 15:25:37
[post_date_gmt] => 2018-12-05 20:25:37
[post_content] => The School Board recognizes that the increasing complexity of School District operations frequently requires procurement of professional legal services.
A decision to seek legal advice or assistance on behalf of the School District shall normally be made by the Superintendent or by persons specifically authorized by the Superintendent. Such action shall occur where it is consistent with approved District policy or standard practice and meets an obvious need of the District. It may also take place as a consequence of formal Board direction.
Many types of instances of legal assistance to the District may be considered routine and not necessitating specific Board approval or prior vote. For example, the Superintendent may consult with the school attorney to interpret statutory requirements or regulations, prepare or review contracts and seek legal opinions regarding other District issues.
However, when the administration concludes that unusual circumstances exist, Board authorization for such legal services shall be promptly requested.
1
st Read: February 5, 2013
2
nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BDG --- School District Attorney
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bdg-school-district-attorney
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-05 15:37:11
[post_modified_gmt] => 2018-12-05 20:37:11
[post_content_filtered] =>
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[post_type] => district-policies
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)
[28] => WP_Post Object
(
[ID] => 1845
[post_author] => 10
[post_date] => 2017-04-13 13:06:19
[post_date_gmt] => 2017-04-13 17:06:19
[post_content] => 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
[post_title] => BEA -- Regular School Board Meetings
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bea-regular-school-board-meetings
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-05 15:36:53
[post_modified_gmt] => 2018-12-05 20:36:53
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=1845
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[29] => WP_Post Object
(
[ID] => 3158
[post_author] => 10
[post_date] => 2018-12-07 10:53:32
[post_date_gmt] => 2018-12-07 15:53:32
[post_content] => For the purposes of this policy, an emergency is defined as a situation where immediate undelayed action is deemed by the Chair to be imperative. In the event of an emergency meeting, the Board will post notice of time and place of the emergency meeting as soon as possible and will also use other reasonable means to inform the public that an emergency meeting is to be held. Minutes of an emergency meeting will clearly state the need and purpose for the emergency meeting.
Special meetings may be called at any time by the Board Chair or by the action of a majority. Written notice stating the time and place of any special meeting and the purpose for which it is being called shall be given to each member of the Board at least two (2) days in advance of the meeting. Only business that is stated in the notice will be transacted at the meeting. Exceptions to this procedure would be in cases of emergency as determined by the Chair and/or the Superintendent. In such case of emergency, all members will be contacted by telephone and electronic mail.
Legal Reference:
RSA 91-A:2, II, Meetings Open to the Public
Category: Optional
1st Read: August 14, 2012
2nd Read: September 18, 2012
Adopted: September 18, 2012
[post_title] => BEB -- Special/Emergency Board Meetings
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => beb-special-emergency-board-meetings
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-07 11:45:02
[post_modified_gmt] => 2018-12-07 16:45:02
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3158
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[30] => WP_Post Object
(
[ID] => 3162
[post_author] => 10
[post_date] => 2018-12-07 12:13:26
[post_date_gmt] => 2018-12-07 17:13:26
[post_content] => The ConVal School Board may meet in non-public session for any of the purposes set out in RSA 91-A:3. Upon a motion to enter a non-public session, the vote to enter non-public session shall be a recorded roll-call vote made in public session. The motion calling for a non-public session shall indicate the general the matter(s) to be discussed and shall cite the applicable statutory exception(s) for entering the non-public session. All discussions held in nonpublic session shall be confined to the matters set out in the motion.
The Board shall record minutes of all non-public sessions. Minutes from a non-public session shall be made publicly available within 72 hours of the non-public session, unless the Board votes to seal the minutes. The Board may seal minutes of a non-public session only by a two-thirds vote. The vote to seal the minutes may occur in either the public or non-public session, but if it occurs in the non-public session, the Chair shall announce the vote when the Board comes out of the non-public session. The Board shall only vote to seal minutes of non-public sessions if divulging such information would:
- Adversely affect the reputation of a person other than a member of the Board;
- Render a proposed board action ineffective; or
- Pertain to terrorism (matters relating to the preparation for and carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or sever damage to property or widespread injury or loss of life, including training to carry out such functions).
All student disciplinary matters arising under NH RSA 193:13 and Ed 317 shall be heard in non-public session unless the minor student’s parents or the adult student request that the matter be heard in public.
If the Board votes to seal the minutes, then Board members are prohibited from divulging to the public any information discussed in the non-public session. Similarly, Board members are prohibited from discussing any documents that are exempt from disclosure to the public under RSA 91-A:5. By adoption of this policy, the Board directs that sealed minutes of non-public sessions be made available for review by any Board member upon request. However, non-public matters involving individual student
s progress shall not be accessed by an individual Board Member except to the extent that the Board deems there to be a legitimate educational interest in permitting such access.
When non-public minutes are sealed for an unspecified term, the Board, or a designated subcommittee of the Board, shall review the sealed minutes on at least an annual basis to determine if the basis for the seal still exists. Upon review, if a majority of the Board or designated subcommittee believes that the basis for sealing the minutes no longer applies, the matter shall be presented to the Board for a vote on whether to unseal the minutes.
The Superintendent or his/her designated representative will attend all non-public sessions, except those non-public sessions that pertain to the Superintendent’s employment, provided the Superintendent does not have a contractual right to attend the non-public session.
The Board may invite such employees, consultants, and representatives of the District as are deemed necessary to advise or inform the Board on a non-public matter to attend all or a portion of a non-public session.
Legal References:
RSA 91-A:3, Non-Public Sessions
RSA 91-A:4, Minutes and Records Available for Public Inspection
RSA 91-A:5, Exemptions
RSA 42:1-a, Oaths of Town Officers: Manner of Dismissal; Breach of Confidentiality
Category: Recommended
1st Read: December 18, 2018
2nd Read: January 8, 2019
Adopted: January 8, 2019
[post_title] => BEC -- Non-Public Sessions
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bec-non-public-sessions
[to_ping] =>
[pinged] =>
[post_modified] => 2019-01-10 12:20:42
[post_modified_gmt] => 2019-01-10 17:20:42
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3162
[menu_order] => 0
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[31] => WP_Post Object
(
[ID] => 2925
[post_author] => 10
[post_date] => 2018-09-13 10:02:02
[post_date_gmt] => 2018-09-13 14:02:02
[post_content] => All School Board Meetings are open to the public. The School Board will announce at least 24 hours in advance (excluding Sundays and legal Holidays) through two public postings and, when possible, by the newspapers and electronic media, the date, time, and place of all regular and special meetings and the major topics to be discussed.
The Board may need to hold an emergency meeting in the case where immediate undelayed action is deemed to be imperative by the Board Chair or presiding Officer of the body or agency, who shall employ whatever means are available to inform the public that a meeting is to be held. The minutes of the meetings shall clearly spell out the need for the emergency meeting.
Legal Reference:
RSA 91-A:2, II, Public Records and Meetings: Meetings Open to the Public
1st Read: June 3, 2014
2nd Read: August 19, 2014
Adopted: August 19, 2014
[post_title] => BEDA -- Public Notification of School Board Meetings
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => beda-public-notification-of-school-board-meetings
[to_ping] =>
[pinged] =>
[post_modified] => 2018-09-13 10:02:02
[post_modified_gmt] => 2018-09-13 14:02:02
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=2925
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[32] => WP_Post Object
(
[ID] => 2890
[post_author] => 10
[post_date] => 2018-08-21 08:46:55
[post_date_gmt] => 2018-08-21 12:46:55
[post_content] => The Superintendent shall prepare all agendas for meetings of the Board. In doing so, the Superintendent shall consult with the Board.
Items to be placed on the agenda should be received by the Superintendent at least seven days prior to the meeting. Every Board member has the right to place items on the agenda. Matters not included in the agenda may be presented during the meeting provided the Board agrees to discuss the matter. The Board may choose not to deal with every agenda item.
Consistent with RSA 91-A:3 and the laws pertaining to student and family privacy rights, the Board will not place any matter on the public meeting agenda that is to be properly discussed in a non-public session. This shall not preclude the Board from giving notice of its intent to hold or enter into a non-public session and the statutory reason for doing such.
Any Board member, staff member, student, or citizen of the District may suggest items of business. The inclusion of items suggested by staff members, students, or citizens shall be at the discretion of the Board Chairperson.
The Board shall follow the order of business set up by the agenda unless the order is altered by a majority vote of the members present. Items of business not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider them. The Board, however, may not revise Board policies, or adopt new ones, unless such action has been scheduled, or unless there is an emergency.
The agenda and supporting materials should be distributed to Board members at least four days prior to the Board meeting. Board Members shall be expected to read the information provided them and to contact the Superintendent to request additional information that may be deemed necessary to assist them in their decision-making responsibilities. When the final agenda has been established, it will be made available to the public, upon request.
Members of the public who wish to speak at Board meetings regarding an agenda item are encouraged to contact the Superintendent prior to the Board meeting. Additionally, the Board reserves the right to limit public discussion at Board meetings to agenda items only. Supporting materials sent with the agenda are subject to disclosure by the Right-to-Know law. Therefore, both the agenda and the supporting materials may be reviewed by the public prior to the meeting. Any supporting materials that contain confidential information, which is exempt from disclosure and where the Board has a legal duty to maintain the confidentiality of the information, shall be clearly marked as confidential. Board members shall not disclose any materials marked as confidential or otherwise exempt from disclosure under the Right-to-Know law.
Notices of meeting shall be consistently posted on the District's web site in a reasonably accessible location.
Legal Reference:
RSA 91-A:5, IX.
Category: Recommended
See Also BEDA, BEDH
First Read: October 16, 2018
Second Read: November 6, 2018
Adopted: : November 6, 2018
[post_title] => BEDB – Agenda Preparation and Dissemination
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bedb-agenda-preparation-and-dissemination
[to_ping] =>
[pinged] =>
[post_modified] => 2018-11-13 09:24:21
[post_modified_gmt] => 2018-11-13 14:24:21
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=2890
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[33] => WP_Post Object
(
[ID] => 2023
[post_author] => 10
[post_date] => 2017-08-10 09:44:14
[post_date_gmt] => 2017-08-10 13:44:14
[post_content] => A simple majority of the ConVal School Board shall constitute a quorum for the transaction of business.
Participating Electronically from a Remote Location
When it is not reasonably practical for a member to attend in person, the member may attend via telephone, skype, or other electronic means. RSA 91-A:2, III. The following is required:
- The member participating electronically must identify anyone present at the location the member is participating from.
- All votes taken during the meeting must be by taken by roll call vote.
- The public attending the meeting and all members must be able to simultaneously hear or see communication between the member participating remotely and those participating in person. No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern the meeting discussion contemporaneously at the meeting location specified in the meeting notice.
- Except for an emergency meeting, if a member is allowed to participate electronically from a remote location, there must be a quorum of the school board physically present at the location specified in the meeting notice. Except in an emergency, the members participating electronically from a remote location will not count towards satisfying the quorum requirement.
- When, in an emergency, the quorum requirement is satisfied in part by one or more members participating electronically from a remote location, the facts requiring immediate action before a physical quorum can be gathered shall be included in the minutes of the meeting.
Legal References:
RSA 91-A2, Meetings Open to the Public
Category: R
First Read: October 3, 2017
Second Read: October 17, 2017
Adopted: October 17, 2017
[post_title] => BEDC -- Quorum
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bedc-quorum
[to_ping] =>
[pinged] =>
[post_modified] => 2017-10-27 11:40:18
[post_modified_gmt] => 2017-10-27 15:40:18
[post_content_filtered] =>
[post_parent] => 0
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[34] => WP_Post Object
(
[ID] => 2025
[post_author] => 10
[post_date] => 2017-08-10 09:46:35
[post_date_gmt] => 2017-08-10 13:46:35
[post_content] => Except as otherwise provided by law, by regulation of the State Department of Education, or by the School Board, meetings of the Board shall be conducted in accordance with Robert’s Rules of Order, Revised. However, the Rules of Order may be waived on any subject by a 2/3 vote of all Board members present and voting provided that a quorum is present at the time of the vote.
Adopted: April 2, 1991
Amended: May 7, 2013
[post_title] => BEDD -- Rules of Order
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bedd-rules-order
[to_ping] =>
[pinged] =>
[post_modified] => 2017-08-10 09:46:35
[post_modified_gmt] => 2017-08-10 13:46:35
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=2025
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[35] => WP_Post Object
(
[ID] => 2984
[post_author] => 10
[post_date] => 2018-09-28 11:27:06
[post_date_gmt] => 2018-09-28 15:27:06
[post_content] => Under RSA 91-A, the school board, and each of the school board's committees (whether standing or ad hoc, or whether deemed a sub-committee or an advisory committees) is required to keep minutes for every "meeting" as defined under 91-A:2, I. As used below, "Board" shall mean and include the district school board, and each such board committee.
The Board will keep a record of the actions taken at Board meetings in the form of minutes. At a minimum, all minutes, public and non-public, shall include:
1) The names of members participating,
2) Persons appearing before the School Board (any persons other than board members who address the board or speak at the meeting;
3) A brief description of each subject matter discussed;
4) Identification of each member who made a first or second of any motion;
5) A record of all final decisions;
6) When a recorded roll call vote on a motion is required by law or called for by the Chair (or other presiding officer), a record of how each board member voted on the motion; and
7) In the event that a board member objects to the subject matter discussed by the board, if the board continues the discussion above the member's objection, and upon the request of the objecting member, then - and irrespective of whether the objection/discussion occurred in public or non-public session - the public minutes shall also reflect (i) the objecting member's name, (ii) a statement that the member objected, and in the case of non-public session (iii) a "reference to the provision of RSA 91-A:3, II that was the basis for the discussion." (See RSA 91-A:2, II-a.).
Copies of the draft minutes of a meeting will be sent to the members of the Board before the meeting at which they are to be approved. The preceding sentence, however, shall not apply to minutes of non-public sessions when the Board has sealed such minutes by a recorded roll call vote taken in public session with 2/3 of the board members present supporting the motion. Drafts of non-public minutes will be provided to the Board either at the conclusion of the non-public session and may be approved at the time - prior to any vote to seal, or if sealed, provided to Board at the meeting at which they are to be approved.
Draft minutes of all public meetings, clearly marked as drafts, will be made available for public inspection no later than five (5) business days after each public session. Minutes for non-public sessions shall be kept as a separate document. Draft minutes for all non-public sessions, will be made available for public inspection within seventy-two (72) hours after the non-public session, unless sealed in accordance with the procedure described in the preceding paragraph.
Notes and other materials used in the preparation of the minutes must be retained until the minutes are approved or finalized.
All minutes, including draft minutes, will be kept in accordance with RSA 91-A:2 and RSA 91-A:3 and will be in the custody of the Superintendent.
Approved minutes, except those non-public session minutes, which are sealed, shall be consistently posted on the District's web site in a reasonably accessible location or the web site shall contain a notice describing where the minutes may be reviewed and copies requested. Draft minutes will be available for inspection at the District's administrative office.
Sealed minutes shall be reviewed periodically and unsealed by majority vote of the Board if the circumstances justifying sealing the minutes no longer apply. The Superintendent shall identify and bring to the Board's attention minutes that have been sealed because disclosure would render the proposed action ineffective where the action has been completed and the minutes no longer need to be sealed. The Superintendent will also identify any other sealed minutes where the justification for sealing no longer applies due to the passage of time. Generally, non-public session minutes sealed because divulgence of the information would likely affect adversely the reputation of a person other than a member of the School Board, will remain sealed.
Legal References:
RSA 91-A:2 II, Public Records and Meetings: Meetings Open to Public
RSA 91-A:2,II-a, Effective 1/1/2019
RSA 91-A:3 III, Public Records and Meetings: Non-Public Sessions
RSA 91-A:4 I, Public Records and Meetings: Minutes and Records available for Public Inspection
Category: Recommended
First Read: December 18, 2018
Second Read: January 8, 2019
Adopted: January 8, 2019
[post_title] => BEDG -- Minutes
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bedg-minutes
[to_ping] =>
[pinged] =>
[post_modified] => 2019-01-10 12:27:48
[post_modified_gmt] => 2019-01-10 17:27:48
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=2984
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[36] => WP_Post Object
(
[ID] => 973
[post_author] => 10
[post_date] => 2015-12-16 12:21:52
[post_date_gmt] => 2015-12-16 17:21:52
[post_content] => The primary purpose of School Board meetings is to conduct the business of the Board as it relates to school policies, programs and operations. The Board encourages residents – including our students - to attend Board meetings so that they may become acquainted with the operation and programs of the schools. All official meetings of the Board shall be open to the press and public. However, the Board reserves the right to meet and to adjourn or recess a meeting at any time. The Board also reserves the right to enter non-public session at any time, in accordance with the provisions RSA 91-A:3 II.
In order to assure that persons who wish to appear before the Board may be heard and, at the same time, it may conduct its meetings properly and efficiently, the Board adopts as policy the following procedures and rules pertaining to public participation at Board meetings:
1. Each regular meeting of the Board should have two periods of public comment.
2. The first period of public comment should be prior to the Superintendent’s Report.
3. The second period of public comment should be following New Business.
4. Each speaker will be given 2 minutes to speak. Speakers may not relinquish allotted time to another speaker. This period may be extended by a majority vote of the Board. If the 2-minute period is extended for one speaker, it must be extended for all.
5. The same person may address the Board only once during the same meeting, a second opportunity may be provided by a majority vote of the Board.
6. Consistent with RSA 91-A:3 and the laws pertaining to student and family privacy rights, the Board will not place any matter on the public agenda that is to be properly discussed in a non-public session. Complaints regarding individual employees, personnel, or students, will be directed to the Superintendent in accord with policies KE and KEB.
7. All speakers are to conduct themselves in a civil manner. Speakers may not use threats of physical violence, may not speak or conduct themselves in a way that incites violence or is disruptive, may not be vulgar or obscene, and need to speak to business related to the School Board and operations of the District. The School Board will not permit repetitive, harassing, or frivolous speech or comments that are off topic, antagonistic, obscene, or libelous as such statements will be considered out of order and will not be tolerated. The Board Chair may terminate the speaker’s privilege of address if the speaker does not follow this rule of order. Repeated refusals to comply will result in removal from the meeting.
During these public comment periods, members of the public are allowed to address the Board. However, it is not a question and answer period. In general, the Board will not answer questions asked or respond to comments made by members of the public. Persons appearing before the Board are reminded that members of the Board are without authority to act independently as individuals in official matters. Thus, in most instances, any Board response will be deferred pending consideration by the full Board. In addition, although staff of the District are also members of the public, there are specific Board policies in place - notably GBD - that establishes that the appropriate channel of communication between District staff and the Board is through the Superintendent.
Members of the public - including our students - are strongly encouraged to ask questions or provide comments to the Board and the Administration. However, the best way to ensure your questions are addressed is by submitting those questions to the members of the Board or to the Administration, via email, phone call, or regular mail.
All of the agendas and minutes of the Board meetings and all of the committees are posted on the Board’s website. Committee meetings are also open to the public, but there are no public comment periods at those meetings. The Chair of the individual committees may, at their sole discretion, allow members of the public to comment at committee meetings.
Legal Reference:
RSA 91-A:2, Meetings Open to Public
RSA 91-A:3, Non-Public Sessions
Category: R
See also KE, KEB
1st Read: March 16, 2021
2nd Read: April 6, 2021
Adopted:
Proposed Revision: March 2021
1st Read: September 6, 2022
2nd Read: September 20, 2022
Adopted: September 20, 2022
[post_title] => BEDH - Public Participation at Board Meetings
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bedh-public-participation-at-board-meetings
[to_ping] =>
[pinged] =>
[post_modified] => 2022-09-29 10:26:25
[post_modified_gmt] => 2022-09-29 14:26:25
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=973
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
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)
[37] => WP_Post Object
(
[ID] => 3163
[post_author] => 10
[post_date] => 2018-12-07 14:12:45
[post_date_gmt] => 2018-12-07 19:12:45
[post_content] => In the absence of established School Board policy or School Board direction, the Superintendent of Schools shall assume responsibility for whatever decision or action is required. When appropriate, principals or other administrative or instructional personnel shall gain the approval of the Superintendent.
In situations, which arise within the schools, where the Board has provided no guides for
administrative action, the Superintendent shall have power to act but his decisions may be subject to review and ratification by action of the Board at its regular meeting. It shall be the duty of the Superintendent to inform the Board promptly of such action.
Category: Recommended
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
[post_title] => BFE -- Administration in Policy Absence
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bfe-administration-in-policy-absence
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-12 08:37:01
[post_modified_gmt] => 2018-12-12 13:37:01
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3163
[menu_order] => 0
[post_type] => district-policies
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[comment_count] => 0
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[38] => WP_Post Object
(
[ID] => 3166
[post_author] => 10
[post_date] => 2018-12-07 14:23:49
[post_date_gmt] => 2018-12-07 19:23:49
[post_content] => The School Board will develop policies and put them in writing so that they may serve as guidelines and goals for the successful and efficient functioning of our public schools.
The Board considers policy development its chief function, along with providing the resources such as personnel, buildings, materials, and equipment for the successful interpretation and evaluation of its policies.
Policies are principles adopted by the Board to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance.
Policies are guides for action by the administration, who then sets the rules and regulations to provide specific directions to School District personnel.
It is the Board’s intention that its policies serve as sources of information and guidance for all people who are interested in, or connected with, the public schools.
Changes in needs, conditions, purposes, and objectives will require revisions, deletions, and additions to the policies of present and future Boards. The Board will welcome suggestions for ongoing policy development from citizens, students, and staff in the District.
Action on such proposals, whatever their source, is taken finally by the Board after receiving the recommendation of the Superintendent or designee. The Superintendent or designee bases his/her recommendations upon the outcomes of study and upon the judgment of the professional staff and appropriate study committees. The Superintendent or designee shall seek counsel of the School Attorney when there may be a question of legality or proper legal procedure in the development of a proposed School Board policy.
Category: Recommended
1st Read: February 19, 2013
2nd Read: March 5, 2013
Adopted: March 5, 2013
[post_title] => BG -- School Board Policy Process
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bg-board-policy-process
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-12 07:58:25
[post_modified_gmt] => 2018-12-12 12:58:25
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3166
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[39] => WP_Post Object
(
[ID] => 3168
[post_author] => 10
[post_date] => 2018-12-07 14:41:25
[post_date_gmt] => 2018-12-07 19:41:25
[post_content] => The Board endorses for use in this District the policy development, codification, and dissemination system of the New Hampshire School Boards Association.
This system, is to serve as a general guideline for such tasks as policy research, the drafting of preliminary policy proposals, reviewing policy drafts with concerned groups, presenting new and revised policies to the Board for consideration and action, policy dissemination, policy evaluation, and the maintenance of a continuously and easy-to-use policy manual.
Policy Adoption, Dissemination and Review
- The Board may adopt, amend, or repeal written policies at any meeting by a majority vote of Board members in attendance, provided that notice of the proposed action was given at a previous Board meeting and that each Board member was notified of the proposed action. For purposes of notification, the meeting agenda delivered to each Board member is deemed sufficient.
- On matters of unusual or unexpected urgency, the Board may waive the second meeting limitation and take immediate action to adopt a new policy or revise an existing policy.
- The Board will allow an opportunity for public comments on policy proposals.
- All policies will be titled, dated, and coded consistent with the classification system used by the New Hampshire School Boards Association.
- Board action regarding the adoption, revision or repeal of policies will be included in the minutes of the meeting at which the official action is taken.
- Policies and amendments will be effective immediately upon adoption, unless a specific effective date is provided in the adopted final policy.
- All written policies and administrative rules and regulations will be open for and available for public inspection, upon request.
- All Board policies will be reviewed and evaluated by the school board on a regular and continuing basis.
- The Superintendent or designee is responsible for notifying the Board of all policy updates and revisions provided by the New Hampshire School Boards Association. The Board will then schedule time for review of such updates and will taken action accordingly regarding the adoption, revision or repeal of such policies.
A member of the SAU staff is to be designated and delegated by the Superintendent with the responsibility to maintain the Board’s policy reference files, to draft policy proposals as instructed by the Board and/or Superintendent, to maintain the Board policy manual, and to serve as liaison between the Board, the New Hampshire School Boards Association, State Board of Education, and other sources of policy research information.
Category: Recommended
First Read: March 19, 2019
Second Read: April 2, 2019
Adopted: April 2, 2019
[post_title] => BGA -- Policy Development System
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bfa-policy-development-system
[to_ping] =>
[pinged] =>
[post_modified] => 2019-04-22 12:14:15
[post_modified_gmt] => 2019-04-22 16:14:15
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3168
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[40] => WP_Post Object
(
[ID] => 2724
[post_author] => 10
[post_date] => 2018-05-31 12:54:40
[post_date_gmt] => 2018-05-31 16:54:40
[post_content] => Except for policy actions to be taken on emergency measures, the adoption of School Board policies should follow this sequence which will take place at least at two regular or special meetings of the School Board:
1. Announcement and publication of proposed new or revised policies as an item of
information.
2. Opportunity offered to concerned groups or individuals to react to policy proposals.
3. Discussion and final action by the Board on policy proposals.
The final vote to adopt or not to adopt should follow by at least two weeks from the meeting at which policy proposals are first placed on the agenda.
1. Prior to enactment, all policy proposals shall be titled and coded as appropriate to
subject and in conformance with the codification system used in the Board policy manual.
2. Insofar as possible, each policy statement shall be limited to one subject.
3. Policies and amendments adopted by the Board shall be attached to and made a part
of the minutes of the meeting at which they are adopted and shall also be included in
the policy manual of the District marked with the date of adoption and/or amendment.
4. Policies and amendments to policies shall be effective immediately upon adoption
unless a specific effective date is provided in the adopted resolution.
Emergency Procedure
On matters of unusual urgency, the Board may waive the two-week limitation and take immediate action to adopt new or revise existing policies. When such immediate action is necessary, the Superintendent shall inform concerned groups or individuals about the reasons for this necessity.
Category: R
1st Read: February 19, 2013
2nd Read: March 5, 2013
Adopted: March 5, 2013
[post_title] => BGB: Policy Adoption
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bgb-policy-adoption
[to_ping] =>
[pinged] =>
[post_modified] => 2018-05-31 12:54:40
[post_modified_gmt] => 2018-05-31 16:54:40
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=2724
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[41] => WP_Post Object
(
[ID] => 3170
[post_author] => 10
[post_date] => 2018-12-07 15:07:45
[post_date_gmt] => 2018-12-07 20:07:45
[post_content] => In an effort to keep its written policies up-to-date so that they may be used consistently as a basis for School Board action and administrative decision, the Board will review its policies on a continuing basis.
The Board will evaluate how the policies have been executed by the school staff and weigh the results. It will rely on the school staff, students, and the community for providing evidence of the effect of the policies which it has adopted.
The Superintendent or designee is given the continuing responsibility of calling to the Board’s attention all policies that are out of date or appear to need revision for other reasons.
The Board directs the Superintendent to recall all policy and regulations manuals annually for purposes of administrative updating and Board review.
Category: Recommended
1st Read: June 3, 2014
2nd Read: August 19, 2014
Adopted: August 19, 2014
[post_title] => BGC-- Policy Review and Evaluation/Manual Accuracy Check
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bfg-policy-review-and-evaluation-manual-accuracy-check
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 13:27:03
[post_modified_gmt] => 2018-12-10 18:27:03
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3170
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
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)
[42] => WP_Post Object
(
[ID] => 3172
[post_author] => 10
[post_date] => 2018-12-07 15:29:11
[post_date_gmt] => 2018-12-07 20:29:11
[post_content] =>
The policies of the School Board are subject to suspension only upon a majority vote of the entire Board membership at a meeting for which the proposed suspension has been described in writing, or upon a unanimous vote of the entire Board membership when no such written notice has been given.
Those Board policies that pertain to the internal operations of the Board are subject to suspension only upon a two-thirds vote of all members of the Board at a meeting for which the proposed suspension has been described in writing, or upon a unanimous vote of the entire Board membership when no such written notice has been given.
1st Read: February 19, 2013
2nd Read: March 5, 2013
Adoption: March 5, 2013
Suspended: January 18, 2022
[post_title] => BGF -- Suspension of Policies
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bgf-suspension-of-policies
[to_ping] =>
[pinged] =>
[post_modified] => 2022-04-08 07:37:42
[post_modified_gmt] => 2022-04-08 11:37:42
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3172
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
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)
[43] => WP_Post Object
(
[ID] => 1186
[post_author] => 10
[post_date] => 2016-03-22 15:14:17
[post_date_gmt] => 2016-03-22 19:14:17
[post_content] => The School Board desires to maintain open channels of communication between itself and the staff. The basic line of communication will, however, be through the Superintendent of Schools.
Staff Communications to the Board
All communications or reports to the Board or any Board committee from principals, supervisors, teachers, or other staff members shall be submitted through the Superintendent, or designee.
Board Communications to Staff
All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent or designee, and the Superintendent will employ all such media as are appropriate to keep staff fully informed of the Board's problems, concerns, and actions.
Visits to Schools
Individual Board members interested in visiting schools or classrooms will inform the Superintendent of such visits and make arrangements for visitations through the principals of the various schools. Such visits shall be regarded as informal expressions of interest in school affairs and not as "inspections" or visits for supervisory or administrative purposes. Official visits by Board members will be carried on only under Board authorization and with the full knowledge of the Superintendent and Principals.
Social Interaction
Staff and Board members share a keen interest in the schools and in education generally, and it is to be expected that when they meet at social affairs and other functions, they will informally discuss such matters as educational trends, issues, and innovations and general District problems. However, employees are reminded that individual Board members have no special authority except when they are convened at a legal meeting of the Board or vested with special authority by Board action. Therefore, discussions of personalities or personnel grievances by either party will be considered unethical conduct.
Category: O
See also GBD
1st Read: December 18, 2018
2nd Read: January 8, 2019
Adopted: January 8, 2019
[post_title] => BHC - Board-Employee Communications
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bhc-board-employee-communications
[to_ping] =>
[pinged] =>
[post_modified] => 2019-01-10 12:55:01
[post_modified_gmt] => 2019-01-10 17:55:01
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=1186
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[44] => WP_Post Object
(
[ID] => 3179
[post_author] => 10
[post_date] => 2018-12-10 10:23:26
[post_date_gmt] => 2018-12-10 15:23:26
[post_content] => The School Board discourages its members from communicating to each other via electronic communication (e-mail) regarding official school district business. The Board will not use e-mail as a substitute for deliberations at Board meetings, for other communications, or for business properly confined to Board meetings. Communications via e-mail of private or confidential school district matters is strictly prohibited.
If an e-mail is originated by a Board member, is communicated to a quorum of the Board, and discusses official school district business, the e-mail will be considered a public document for purposes of the Right to Know Law, RSA 91-A.
Legal References:
RSA 91-A:2-a, Communications Outside Meetings
RSA 189:29-a, Records Retention and Disposition
Miller v. Fremont School Board, Rockingham County Superior Court, No. 03-E-152 (2003)
1st Read: February 19, 2013
2nd Read: May 7, 2013
Adopted: May 7, 2013
[post_title] => BHE – School Board Use of E-Mail
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bhe-school-board-use-of-e-mail
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 10:57:16
[post_modified_gmt] => 2018-12-10 15:57:16
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3179
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[45] => WP_Post Object
(
[ID] => 3188
[post_author] => 10
[post_date] => 2018-12-10 13:40:50
[post_date_gmt] => 2018-12-10 18:40:50
[post_content] => School Board and SAU staff shall make every feasible effort to assist the new member to become fully informed about the Board’s functions, policies, and procedures within six months of being seated on the Board.
Workshops will be convened for the primary purpose of orienting the new member to his or her responsibilities, to the Board’s method of operating, and to Districts policies and procedures.
Each new member will be given access to the following materials:
1. The previous year’s complete record of minutes.
2. A copy of Revised Statutes Annotated Relating to Public Schools at http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XV.htm (RSA)
3. The School Board Member’s Manual – The Essential Guide for Effective Service, 2nd edition; Jeff Stratton, LRP Publications, Horsham, Pennsylvania, 2008.
4. The School Board Policy Manual.
5. The NH School Boards Association Orientation Packet.
6. The current school budget.
7. Negotiated Labor Agreements.
New Board members are strongly encouraged to attend the annual New Hampshire School Board Association training.
Cateory: Recommmended
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
[post_title] => BIA – School Board Member Orientation
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bia-school-board-member-orientation
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 13:42:20
[post_modified_gmt] => 2018-12-10 18:42:20
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3188
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[46] => WP_Post Object
(
[ID] => 3190
[post_author] => 10
[post_date] => 2018-12-10 13:45:37
[post_date_gmt] => 2018-12-10 18:45:37
[post_content] => A record of the actions of School Board meetings will be maintained at the SAU Office. The minutes of the Board will be kept in an official file and will include resolutions and motions. Papers not a part of a formal motion may be omitted if they are referred to and identified by some method.
Copies of the draft minutes of a meeting will be sent to the members of the Board before the meeting at which they are to be approved. Corrections to the minutes may be made at the meeting at which they are to be approved.
All minutes will be kept in accordance with RSA 91-A:2 and RSA 91-A:3 and will be in the custody of the Superintendent. Minutes of all public meetings will be made available on the District website for public inspection no later than five (5) business days after the meeting and will be designated as DRAFT until they have been approved. Minutes for all non-public sessions will be made available for public inspection within seventy-two (72) hours after the non-public session unless sealed.
Legal References:
RSA 91-A:2 II, Public Records and Meetings: Meetings Open to Public
RSA 91-A:3 III, Public Records and Meetings: Non-Public Sessions
RSA 91-A:4 I, Public Records and Meetings: Minutes and Records available for Public Inspection
1
st Read: February 5, 2012
2
nd Read: May 7, 2013
Adopted: May 7, 2013
[post_title] => BIB -- School Board Member Development Opportunities
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bib-school-board-member-development-opportunities
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-12 11:03:10
[post_modified_gmt] => 2018-12-12 16:03:10
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3190
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[47] => WP_Post Object
(
[ID] => 3183
[post_author] => 10
[post_date] => 2018-12-10 11:19:18
[post_date_gmt] => 2018-12-10 16:19:18
[post_content] => In keeping with its stated position on the need for continuing in-service training and development for its members, the Board encourages the participation of all members at appropriate school board conferences, workshops, and conventions. However, in order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance:
1. A calendar of school board conferences, conventions, and workshops shall be maintained by the Board secretary. The Board will periodically decide which meetings appear to be most promising in terms of producing direct and indirect procedures and/or cost benefits that can be ascribed to participation at such meetings.
2. Funds for participation at such meetings will be budgeted for on an annual basis. When funds are limited, the Board will designate which of its members would be the most appropriate to participate at a given meeting.
3. Reimbursement to Board members for their travel expenses will accord with the travel expense policy for staff members.
4. When a conference, convention, or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations, and materials acquired at the meeting.
April 2, 1991
[post_title] => BIBA – Board Conferences, Conventions, and Workshops
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => biba-board-conferences-conventions-and-workshops
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 12:37:16
[post_modified_gmt] => 2018-12-10 17:37:16
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3183
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[48] => WP_Post Object
(
[ID] => 3192
[post_author] => 10
[post_date] => 2018-12-10 14:47:17
[post_date_gmt] => 2018-12-10 19:47:17
[post_content] => All School District officers will be reimbursed in accordance with fees as established by the
District. Such fees will be provided for in the School District budget and will be plainly indicated in the
annual report.
Payment for services rendered in the fiscal year will be included on the manifest every six months.
It is the assigned responsibility of the Superintendent of Schools to make certain that all
statements are in the hands of the school office personnel to ensure payment.
Legal References:
RSA 194:10, School Districts: Salaries of District Board and Officers RSA 194:11, School Districts:
Payment
RSA 195:4,V, Cooperative School Districts: Powers
RSA 195:5 II, Cooperative School Districts: School District Powers and Duties
1Kondrat v Freedom School Board, 650 A.2d 316 (1994)
Category: O
See also BDC
1st Read: November 13, 2012
2nd Read: December 18, 2012
Adopted: December 18, 2012
[post_title] => BID -- Payment for Services Rendered by School District Officers
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bid-payment-for-services-rendered-by-school-district-officers
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 14:47:17
[post_modified_gmt] => 2018-12-10 19:47:17
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3192
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[49] => WP_Post Object
(
[ID] => 3197
[post_author] => 10
[post_date] => 2018-12-10 14:58:10
[post_date_gmt] => 2018-12-10 19:58:10
[post_content] => The members of the School Board and its employees and agents act as agents of the District. None of these individuals should be placed in a position of personal liability for the performance of the responsibilities vested in them by the voters of the District and the state and federal governments.
In order to protect the individual members of the Board, its employees and other agents, and the educational interest of the community, the Board will purchase, from public school funds, in the absence of governmental immunity or in coordination with governmental immunity, adequate insurance to indemnify Board members and agents of the District for their official actions in the service of the School District.
Nothing herein, however, shall be construed as obligating the Board to defend, indemnify, or hold harmless any person who violates the oath of office, or otherwise engages in criminal activity, official misconduct, fraud, intentional or willful and wanton misconduct, or acts beyond the authority properly vested in the individual.
Legal References:
RSA 31:104, Powers and Duties of Towns: Liability of Municipal Executives
RSA 31:105, Powers and Duties of Towns: Indemnification for Damages
RSA 31:106, Powers and Duties of Towns: Indemnification: Civil Rights Act
RSA 31:107, Powers and Duties of Towns: Purchase of Insurance
1st Read: June 7, 2022
2nd Read: June 21, 2022
Adopted: June 21, 2022
[post_title] => BIE -- Board Member Indemnification
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bie-board-member-indemnification
[to_ping] =>
[pinged] =>
[post_modified] => 2022-07-15 06:23:30
[post_modified_gmt] => 2022-07-15 10:23:30
[post_content_filtered] =>
[post_parent] => 0
[guid] => http://schoolboard.convalsd.net/?post_type=district-policies&p=3197
[menu_order] => 0
[post_type] => district-policies
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[50] => WP_Post Object
(
[ID] => 3198
[post_author] => 10
[post_date] => 2018-12-10 15:11:24
[post_date_gmt] => 2018-12-10 20:11:24
[post_content] => It is the policy of the School Board to be a dues-paying member of the New Hampshire School Boards Association. The Board shall seek to participate as fully as possible in the activities of the New Hampshire and National School Boards Associations. The Chairman of the Board shall keep these organizations informed of the Board's concerns and official positions on matters of common interest and concern. The Board will be represented at meetings of the state association by a delegate, appointed by the Chair, who must be a member of the School Board.
Category: Recommended
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
[post_title] => BK -- School Board Memberships
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[post_date] => 2018-12-10 15:20:03
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[post_content] => The School Board Chair will appoint a school board member to act as the liaison with school board associations. The liaison will keep the Board fully informed of the affairs of the New Hampshire and National School Boards Associations (NHSBA) and to keep these organizations informed, as directed from time to time, of the Board's official positions on matters of common interest and concern.
In addition to establishing an informational liaison between itself and the school board associations, the Board will officially be represented at the national level through elected delegates of the NHSBA to the governing assemblies of these organizations.
Category: Recommended
1st Read: June 18, 2013
2nd Read: September 17, 2013
Adopted: September 17, 2013
[post_title] => BKA -- Liaison with School Board Associations
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[post_date] => 2015-09-14 14:19:47
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[post_content] => Proper administration of the schools is vital to a successful educational program. The general purpose of the Administration shall be to coordinate and supervise, under the policies of the School Administration Unit Board, the operation of the school district. Administrative duties and functions should be appraised in terms of the contribution made to improving instruction and learning. The School Board shall rely on its chief executive officer, the Superintendent, to provide professional administrative leadership. Vision, initiative, resourcefulness, and wise leadership - as well as consideration and concern for staff members, students, parents, and others - are essential for effective administration.
The Superintendent, each principal, and all other administrators shall have the authority and responsibility necessary for his/her specific administrative assignment. Each shall likewise be accountable for the effectiveness with which the administrative assignment is carried out. The Board shall be responsible for specifying expectations of the Superintendent, and for holding the Superintendent accountable for meeting those expectations. In turn, the Superintendent shall be responsible for clearly specifying expectations for all other administrators, and holding each accountable through performance evaluations.
Major goals of administration shall be:
1. To manage the District’s various departments, units, and programs effectively.
2. To provide professional advice and counsel to Board and to advisory groups established by Board action. Where feasible, this will be done through reviewing alternatives, analyzing the advantages and disadvantages of each, and recommending appropriate action from among the alternatives.
3. To implement the management function to assure the best and most effective learning programs, through achieving such subgoals as (a) providing leadership in keeping abreast of current educational developments; (b) arranging for the professional development necessary for the implementation of curriculum, programs, instruction, and assessment that meet learner needs; (c) coordinating cooperative efforts at improvement of learning programs, facilities, equipment, and materials; (d) providing public access to the decision-making process for educational improvement; and (e) implementing procedures to ensure that the differing needs and talents of students are fully considered when planning educational programs.
Legal References:
N.H. Code of Administrative Rules –
Section Ed. 302, Duties of School Superintendents
Section Ed. 303, Duties of School Boards
Section Ed. 304, Duties of School Principal
Category R
1st Reading: February 19, 2008
2nd Reading: April 15, 2009
Adopted: April 15, 2008
Amended: August 14, 2012
[post_title] => CA - Administration Goals
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[post_content] => General:
The Superintendent may delegate to subordinates any of his/her powers and duties that the School Board has entrusted to him/her, but in every instance that a power of duty is delegated, he/she shall continue to be responsible to the Board for the execution of the power or duty delegated.
The duties of the Superintendent are defined in his/her contract of employment, individual School Board policies, SAU policies, state statutes, and New Hampshire Department of Education Rules.
The School Board expects that the Superintendent, as the chief executive officer, has overall responsibility for:
1. The execution of Board policies.
2. The management of the work of all school departments, the duties of which, apart
from those required by law, the Superintendent shall assign.
3. The observance of all Board policies by all those persons employed by the District.
4. The enforcement of all provisions of the law relating to the operation of the schools or
other educational, social, and recreational agencies or activities under the charge of the Board.
5. Supervision and evaluation of building principals and SAU administrators.
Educational Leadership:
1. Provide a consistent and clearly stated philosophical basis for the development of the overall educational program.
2. In consultation with others, establish a set of priorities for the utilization of human, material, and financial resources in the development of the total program.
3. Demonstrate an awareness of the quality of the educational program.
4. Plan to provide the resources necessary for the achievement of the District’s mission and vision.
5. Defend and support subordinates against nonconstructive criticism.
6. Develop a system geared to inform and involve the School Board in the development of the educational program.
7. Bring major efforts for educational change before the public in a format that allows for constructive dialogue.
Educational Administration:
1. Develop and support the overall organizational structure of the school system.
2. Clearly define administrative and supervisory roles.
3. Review the basis for decisions and directions of others responsible to him/her (assistant superintendents, principals).
4. Maintain an environment that encourages communication with all stakeholders.
5. Develop and support effective advisory bodies within the organizational structure.
6. Maintain visibility in relation to both staff and public.
School Board:
1. Act as advisory and executive officer of the School Board.
2. Attend all regular Board meetings and designated subcommittees as requested.
3. Administer the schools in accordance with School Board policies and regulations.
4. Prepare the annual report to the School Board concerning the operation of the schools.
5. Keep the Boards informed of important legislation relating to schools.
6. Have a working knowledge of the law as it relates to School District operation.
7. Assist the School Board to develop and maintain policy manual and ensure that it is effectively used by all school personnel.
Personnel Administration:
1. Responsibility for the administration of all School Board personnel policies.
2. Recommend to the Board appointment of contractual employees deemed best qualified.
School Building Development Programs:
1. Utilize the assistance of principals, teachers, students, State Department of Education, and nonprofessional personnel in the total building program.
2. Provide the School Board with facts to assist its members in the multiple decisions a building program entails.
3. Convey to the architect (with assistance from an educational consultant) a clear, concise statement of the educational specifications to be fulfilled in the building.
4. Assist the School Board in presenting the program to the public.
5. Develop a financial plan for costs of construction, preparing bond issues, etc.
Business Management:
1. General responsibility for the management of the business affairs of the school district.
2. Responsibility for the preparation for the School Board the annual financial and statistical reports required by the law.
3. Be alert to the acquisition of state and federal revenues not ordinarily anticipated for the School District.
4. Organize and supervise a continuing building operation and maintenance program.
5. Prepare annually a detailed operating budget.
6. Assure that Generally Accepted Accounting Principles (GAAP) are in place.
Salary Negotiations and Master Contract Administration:
1. Provide the School Board with related information to assist its members in effectively negotiating periodic agreement with the ConVal Education Association and the ConVal Administration Association.
2. Act as a resource person in all matters relating to negotiations.
3. Monitor contract negotiation sessions.
Public Relations:
1. Develop and maintain a working relationship with the press with regard to news releases and general coverage of school programs.
2. Help to express and interpret the needs and successes of the educational program through public appearances and addresses.
Regulatory Reference:
N.H. Code of Administrative Rules, Section Ed. 302.02, Substantive Duties of Superintendents
Appendix CB-R
Category: R
1st Read: September 17, 2013
2nd Read: October 1, 2013
Adopted: October 1, 2013
[post_title] => CB - School Superintendent
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[post_content] => The Superintendent of Schools shall be elected by the School Administrative Unit School
Board in keeping with the laws of New Hampshire.
See RSA 186:11 XXII.
Adopted: April 2, 1991
[post_title] => CBB -- Apointment of Superintendent
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[post_content] => In formal hearings or in situations in which the Superintendent or his/her designee cannot be represented by the School Board’s counsel, she/he shall be entitled to employ the counsel of his/her choice at District expense. The Superintendent or his/her designee will inform the Board as to the choice of counsel. This provision shall not apply in situations involving the employment status of the Superintendent.
Category: R
1st Read: July 16, 2013
2nd Read: September 17, 2013
Adopted: September 17, 2013
[post_title] => CBC - Superintendent's Right To Counsel
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[post_date] => 2022-10-28 10:40:56
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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 AFB
First Read: October 5, 2021
Second Read: October 19, 2021
Adoption: October 19, 2021
[post_title] => CBI — Superintendent Evaluation
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[post_date] => 2018-12-11 09:59:36
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[post_content] => The School Board reaffirms the rights and responsibilities of the building principals for the administration of their various programs and buildings within the broad scope of the adopted Board policies.
Specifically, the principal of the individual school is the responsible head and professional leader in the development of the educational program and the improvement of instruction in the school of which he/she is the principal and in interpreting that school to the community. All personnel will work through and under the direction of the principal in the performance of their duties within his school.
See also ECA, Building and Grounds Security.
April 2, 1991
[post_title] => CF -- School Building Administration
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[post_name] => cf-school-building-administration
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[post_content] => Principals
Appointment
The principals shall be appointed by the School Board following the nomination of the Superintendent. Should the School Board fail to accept the nomination of the Superintendent, the Superintendent will be directed to present another name in nomination.
Candidates for position of principal will file a written application with the Director of Human Resources (HR). All applications will be screened by the HR Director and may be selected for interview by the nominating committee.
Terms of Contract
All appointments will be on a one-year basis between July 1 and June 30.
Functions
Building principals shall act as the Chief Administrative Officers for their own school buildings and grounds. They shall be responsible for and shall have authority over the actions of students, professional and non-professional employees, visitors, and persons hired to perform special tasks. They shall perform the powers and duties of Principals prescribed by Part Ed 304 Duties of School Principal School Administration regulations and related RSAs.
All principals shall keep the Superintendent informed of activities in their buildings.
Principals shall attend School Board meetings if requested by the Superintendent or the School Board.
PART Ed 304 DUTIES OF SCHOOL PRINCIPALS
Statutory Authority: RSA 186:8
Ed 304:01 – Substantive Duties
(a) The school principal shall be responsible for the internal organizational structure of the school, the programs of the school, the governance of the student body, the utilization of technology and the utilization of the plant in accordance with local school board policy and/or as directed by the Superintendent of Schools.
(b) The school principal shall evaluate and make recommendations to the Superintendent concerning candidates for professional and non-professional positions in accordance with local School Board policy or as directed by the Superintendent of Schools.
(c) The school principal shall assign, direct, and evaluate all personnel employed with school administrative unit in accordance with local School Board policy, administrative regulations, and as directed by the Superintendent of Schools.
(d) The school principal shall perform any other duties assigned by the Superintendent of Schools in accordance with local School Board policy, state statutes, and regulations of the State Board of Education.
Category: R
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adoption: June 18, 2013
[post_title] => CFA - Individual School Administrative Personnel
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[post_content] => The purpose of appraising the performance and effectiveness of administrators is to promote improvement in the administrative function, to recognize exceptional professional performance, and ultimately to bring continued improvement in the teaching-learning process in the district schools.
Each administrator’s performance and effectiveness will be assessed within the scope of that person’s area of responsibility, system-wide goals and objectives, and individual performance objectives.
System-wide goals and objectives are developed before the last business day in August by the administrative team for the improvement of the school system. Individual performance objectives will be agreed to by the evaluator and administrator, and may relate to system-wide goals and objectives, area of responsibility, and/or professional growth.
The method of appraisal will consist of self-appraisal and appraisal by an assigned evaluator.
As a result of the above process, the Superintendent will make recommendations concerning the continued employment of each administrator.
Category: R
1st Read: April 3, 2012
2nd Read: May 15, 2012
Adopted: May 15, 2012
[post_title] => CFB - Evaluation of Administrative Staff
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[post_content] => The administration of the school system, in all its aspects, shall be delegated to the Superintendent who shall carry out his administrative functions in accordance with the policies adopted by the School Board. The execution of all decisions made by the Board concerning the internal operation of the school system shall be delegated to the Superintendent.
Category: R
1st Read: February 5, 2013
2nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => CH - Policy Implementation
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[post_content] => In order that pertinent ConVal School Board policies, regulations, and school rules and procedures may be known by all staff members, and students, and parents affected by them, district administrators and principals are granted authority to issue staff and student handbooks.
It is essential that the contents of all handbooks conform with district-wide policies and regulations. The Superintendent or his/her designee must review all handbooks. In addition, the ConVal School Board will approve handbooks on an annual basis.
Category: Recommended
1st Read: December 18, 2018
2nd Read: January 8, 2019
Adopted: January 8, 2019
[post_title] => CHCA - Approval of Handbooks and Directives
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[post_content] => In the absence of established School Board policy or School Board direction, the Superintendent of Schools shall assume responsibility for whatever decision or action is required. When appropriate, principals or other administrative or instructional personnel shall gain the approval of the Superintendent.
In situations, which arise within the schools, where the Board has provided no guides for administrative action, the Superintendent shall have power to act but his decisions may be subject to review and ratification by action of the Board at its regular meeting. It shall be the duty of the Superintendent to inform the Board promptly of such action.
Category: R
See Also Policy BFE
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
[post_title] => CHD - Administration In Policy Absence
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[post_content] => An annual report covering the business and educational programs of the school system and the administration’s recommendations for their improvement shall be prepared by the Superintendent and presented to the School Board prior to the annual Deliberative Session. Upon Board approval, the report shall be made available to the public and used as one means for informing parents and citizens, the state education agency, and other school districts in the area of the programs and conditions of the schools.
Legal Reference:
RSA 193-E:3.I, (a), (b), Delivery of an Adequate Education
RSA 193-H:4, School Performance and Accountability
RSA 194:31, Register; Reports
RSA 197:7 Posting Warrant
Category: R
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
Reviewed: June 6, 2023
[post_title] => CM - School District Annual Report
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[post_date] => 2015-09-14 16:41:31
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[post_content] => The Board recognizes the importance of excellent fiscal management in managing public resources to achieve the goals of the educational plan of the district. The board will be vigilant in fulfilling its responsibilities to see that these funds are used wisely to achieve the purpose for which they are allocated.
The District fiscal management plan seeks to achieve the following goals:
1. Engage in thorough advance planning to develop budgets and guide expenditures to achieve the greatest educational returns and the greatest contributions to the educational program. Ensure educational programs are reviewed on an ongoing basis.
2. Establish levels of funding which will provide high quality education for the students of the district.
3. Use the best available techniques and processes for budget development and management.
4. Provide timely and appropriate information to the Board and all staff with fiscal management responsibilities.
5. Establish and implement efficient procedures for accounting, audit, risk management, investing, purchasing delivery, payroll, payment of vendors and contractors, and all other areas of fiscal management.
Category: R
1st Read: September 18, 2012
2nd Read: November 13, 2012
Adopted: November 13, 2012
[post_title] => DA - Fiscal Management Plan
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[post_content] => This Policy includes “sub-policies” relating to specific provisions of the Uniform Administrative Requirements for Federal Awards issued by the U.S. Office of Budget and Management. Those requirements, which are commonly known as Uniform Grant Guidance (“UGG”), are found in Title 2 of the Code of Federal Regulations (“CFR”) part 200. The sub-policies include:
DAF-1 ALLOWABILITY
DAF-2 CASH MANAGEMENT AND FUND CONTROL
DAF-3 PROCUREMENT
DAF-4 PROCUREMENT – ADDITIONAL PROVISIONS PERTINENT TO FOOD SERVICE PROGRAM
DAF-5 CONFLICT OF INTEREST AND MANDATORY DISCLOSURES
DAF-6 INVENTORY MANAGEMENT - EQUIPMENT AND SUPPLIES PURCHASED WITH FEDERAL FUNDS
DAF-7 TRAVEL REIMBURSEMENT – FEDERAL FUNDS
DAF-8 ACCOUNTABILITY AND CERTIFICATIONS
DAF-9 TIME AND EFFORT REPORTING / OVERSIGHT
DAF-10 GRANT BUDGET RECONCILIATION
DAF-11 SUBRECIPIENT MONITORING AND MANAGEMENT
NOTICE: Notwithstanding any other policy of the District, all funds awarded directly or indirectly through any Federal grant or subsidy programs shall be administered in accordance with this Policy, and any administrative procedures adopted implementing this Policy.
The Board accepts federal funds, which are available, provided that there is a specific need for them and that the required matching funds are available. The Board intends to administer federal grant awards efficiently, effectively and in compliance with all requirements imposed by law, the awarding agency and the New Hampshire Department of Education (NHDOE) or other applicable pass-through entity.
This policy establishes the minimum standards regarding internal controls and grant management to be used by the District in the administration of any funds received by the District through Federal grant programs as required by applicable NH and Federal laws or regulations, including, without limitation, the UGG.
The Board directs the Superintendent or designee to develop, monitor, and enforce effective administrative procedures and other internal controls over federal awards as necessary in order to provide reasonable assurances that the District is managing the awards in compliance with all requirements for federal grants and awards. Systems and controls must meet all requirements of federal and/or state law and regulation and shall be based on best practices.
The Superintendent is directed to assure that all individuals responsible for the administration of a federal grant or award shall be provided sufficient training to carry out their duties in accordance with all applicable requirements for the federal grant or award and this policy.
To the extent not covered by this Policy, the administrative procedures and internal controls must provide for:
- identification of all federal funds received and expended and their program source;
- accurate, current, and complete disclosure of financial data in accordance with federal requirements;
- records sufficient to track the receipt and use of funds;
- effective control and accountability over assets to assure they are used only for authorized purposes and
- comparison of expenditures against budget.
DAF-1 ALLOWABILITY
The Superintendent is responsible for the efficient and effective administration of grant funds through the application of sound management practices. Such funds shall be administered in a manner consistent with all applicable Federal, State and local laws, the associated agreements/assurances, program objectives and the specific terms and conditions of the grant award.
- Cost Principles: Except whether otherwise authorized by statute, costs shall meet the following general criteria in order to be allowable under Federal awards:
- Be “necessary” and “reasonable” for proper and efficient performance and administration of the Federal award and be allocable thereto under these principles.
- To determine whether a cost is “reasonable”, consideration shall be given to:
- whether a cost is a type generally recognized as ordinary and necessary for the operation of the District or the proper and efficient performance of the Federal award;
- the restraints or requirements imposed by such factors as sound business practices, arm’s length bargaining, Federal, State, local, tribal and other laws and regulations;
- market prices for comparable goods or services for the geographic area;
- whether the individuals concerned acted with prudence in the circumstances considering their responsibilities; and
- whether the cost represents any significant deviation from the established practices or Board policy which may increase the expense. While Federal regulations do not provide specific descriptions of what satisfied the “necessary” element beyond its inclusion in the reasonableness analysis above, whether a cost is necessary is determined based on the needs of the program. Specifically, the expenditure must be necessary to achieve an important program objective. A key aspect in determining whether a cost is necessary is whether the District can demonstrate that the cost addresses an existing need and can prove it.
- When determining whether a cost is “necessary”, consideration may be given to whether:
- the cost is needed for the proper and efficient performance of the grant program;
- the cost is identified in the approved budget or application;
- there is an educational benefit associated with the cost;
- the cost aligns with identified needs based on results and findings from a needs assessment; and/or
- the cost addresses program goals and objectives and is based on program data.
- A cost is allocable to the Federal award if the goods or services involved are chargeable or assignable to the Federal award in accordance with the relative benefit received.
- Conform to any limitations or exclusions set forth as cost principles in Part 200 or in the terms and conditions of the Federal award.
- Be consistent with policies and procedures that apply uniformly to both Federally-financed and other activities of the District.
- Be afforded consistent treatment. A cost cannot be assigned to a Federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been assigned as an indirect cost under another award.
- Be determined in accordance with generally accepted accounting principles.
- Be representative of actual cost, net of all applicable credits or offsets.
The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items allocable to the Federal award. Typical examples of such transactions are: purchase discounts; rebates or allowances; recoveries or indemnities on losses; and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to/or received by the State relate to the Federal award, they shall be credited to the Federal award, either as a cost reduction or a cash refund, as appropriate.
- Be not included as a match or cost-share, unless the specific Federal program authorizes Federal costs to be treated as such.
- Be adequately documented:
- in the case of personal services, the Superintendent shall implement a system for District personnel to account for time and efforts expended on grant funded programs to assure that only permissible personnel expenses are allocated;
- in the case of other costs, all receipts and other invoice materials shall be retained, along with any documentation identifying the need and purpose for such expenditure if not otherwise clear.
- Selected Items of Cost: The District shall follow the rules for selected items of cost at 2 CFR Part 200, Subpart E when charging these specific expenditures to a Federal grant. When applicable, District staff shall check costs against the selected items of cost requirements to ensure the cost is allowable. In addition, State, District and program-specific rules, including the terms and conditions of the award, may deem a cost as unallowable and District personnel shall follow those rules as well.
- Cost Compliance: The Superintendent shall require that grant program funds are expended and are accounted for consistent with the requirements of the specific program and as identified in the grant application. Compliance monitoring includes accounting for direct or indirect costs and reporting them as permitted or required by each grant.
- Determining Whether A Cost is Direct or Indirect
- “Direct costs” are those costs that can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy.
These costs may include: salaries and fringe benefits of employees working directly on a grant-funded project; purchased services contracted for performance under the grant; travel of employees working directly on a grant-funded project; materials, supplies, and equipment purchased for use on a specific grant; and infrastructure costs directly attributable to the program (such as long distance telephone calls specific to the program, etc.).
- “Indirect costs” are those that have been incurred for a common or joint purpose benefitting more than one (1) cost objective, and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved. Costs incurred for the same purpose in like circumstances shall be treated consistently as either direct or indirect costs.
These costs may include: general data processing, human resources, utility costs, maintenance, accounting, etc.
Federal education programs with supplement not supplant provisions must use a restricted indirect cost rate. In a restricted rate, indirect costs are limited to general management costs. General management costs do not include divisional administration that is limited to one (1) component of the District, the governing body of the District, compensation of the Superintendent, compensation of the chief executive officer of any component of the District, and operation of the immediate offices of these officers.
The salaries of administrative and clerical staff should normally be treated as indirect costs. Direct charging of these costs may be appropriate only if
all the following conditions are met:
- Administrative or clerical services are integral to a project or activity.
- Individuals involved can be specifically identified with the project or activity.
- Such costs are explicitly included in the budget or have the prior written approval of the Federal awarding agency.
- The costs are not also recovered as indirect costs.
Where a Federal program has a specific cap on the percentage of administrative costs that may be charged to a grant, that cap shall include all direct administrative charges as well as any recovered indirect charges.
Effort should be given to identify costs as direct costs whenever practical, but allocation of indirect costs may be used where not prohibited and where indirect cost allocation is approved ahead of time by NHDOE or the pass-through entity (Federal funds subject to 2 C.F.R Part 200 pertaining to determining indirect cost allocation).
- Timely Obligation of Funds: Obligations are orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non-Federal entity during the same or a future period.
The following are examples of when funds are determined to be “obligated” under applicable regulation of the U.S. Department of Education:
When the obligation is for:
- Acquisition of property – on the date which the District makes a binding written commitment to acquire the property.
- Personal services by an employee of the District – when the services are performed.
- Personal services by a contractor who is not an employee of the District – on the date which the District makes a binding written commitment to obtain the services.
- Public utility services – when the District received the services.
- Travel – when the travel is taken.
- Rental of property – when the District uses the property.
- A pre-agreement cost that was properly approved by the Secretary under the cost principles in 2 CFR Part 200, Subpart E – Cost Principles – on the first day of the project period.
- Period of Performance: All obligations must occur on or between the beginning and ending dates of the grant project. This period of time is known as the period of performance. The period of performance is dictated by statute and will be indicated in the Grant Award Notification (“GAN”). As a general rule, State-administered Federal funds are available for obligation within the year that Congress appropriates the funds for. However, given the unique nature of educational institutions, for many Federal education grants, the period of performance is twenty-seven (27) months. This maximum period includes a fifteen (15) month period of initial availability, plus a twelve (12) month period of carry over. For direct grants, the period of performance is generally identified in the GAN.
Pre-award costs are those incurred prior to the effective date of the Federal award or subaward directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the written approval of the
initial Federal awarding agency or of the NHDOE or other pass-through entity.
For both State-administered and direct grants, regardless of the period of availability, the District shall liquidate all obligations incurred under the award not later than forty-five (45) days after the end of the funding period unless an extension is authorized. Any funds not obligated within the period of performance or liquidated within the appropriate timeframe are said to lapse and shall be returned to the awarding agency. Consistently, the District shall closely monitor grant spending throughout the grant cycle.
DAF-2 CASH MANAGEMENT AND FUND CONTROL
Payment methods must be established in writing that minimize the time elapsed between the drawdown of federal funds and the disbursement of those funds. Standards for funds control and accountability must be met as required by the Uniform Guidance for advance payments and in accordance with the requirements of NHDOE or other applicable pass-through-entity.
In order to provide reasonable assurance that all assets, including Federal, State, and local funds, are safeguarded against waste, loss, unauthorized use, or misappropriation, the Superintendent shall implement internal controls in the area of cash management.
The District’s payment methods shall minimize the time elapsing between the transfer of funds from the United States Treasury or the NHDOE (pass-through entity) and disbursement by the District, regardless of whether the payment is made by electronic fund transfer, or issuance or redemption of checks, warrants, or payment by other means.
The District shall use forms and procedures required by the NHDOE, grantor agency or other pass-through entity to request payment. The District shall request grant fund payments in accordance with the provisions of the grant. Additionally, the District’s financial management systems shall meet the standards for fund control and accountability as established by the awarding agency.
The Superintendent is authorized to submit requests for advance payments and reimbursements at least monthly when electronic fund transfers are not used, and as often as deemed appropriate when electronic transfers are used, in accordance with the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r).
When the District uses a cash advance payment method, the following standards shall apply:
- The timing and amount of the advance payment requested will be as close as is administratively feasible to the actual disbursement for direct program or project costs and the proportionate share of any allowable indirect costs.
- The District shall make timely payment to contractors in accordance with contract provisions.
- To the extent available, the District shall disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments.
- The District shall account for the receipt, obligation and expenditure of funds.
- Advance payments shall be deposited and maintained in insured accounts whenever possible.
- Advance payments will be maintained in interest bearing accounts unless the following apply:
- The District receives less than $120,000 in Federal awards per year.
- The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances.
- The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources.
- A foreign government or banking system prohibits or precludes interest bearing accounts.
- Pursuant to Federal law and regulations, the District may retain interest earned in an amount up to $500 per year for administrative costs. Any additional interest earned on Federal advance payments deposited in interest-bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (“PMS”) through an electronic medium using either Automated Clearing House (“ACH”) network or a Fedwire Funds Service payment. Remittances shall include pertinent information of the payee and nature of payment in the memo area (often referred to as “addenda records” by Financial Institutions) as that will assist in the timely posting of interest earned on Federal funds.
DAF-3 PROCUREMENT
All purchases for property and services made using federal funds must be conducted in accordance with all applicable Federal, State and local laws and regulations, the Uniform Guidance, and the District’s written policies and procedures.
Procurement of all supplies, materials equipment, and services paid for from Federal funds or District matching funds shall be made in accordance with all applicable Federal, State, and local statutes and/or regulations, the terms and conditions of the Federal grant, District policies, and procedures.
The Superintendent shall maintain a procurement and contract administration system in accordance with the USDOE requirements (2 CFR 200.317-327) for the administration and management of Federal grants and Federally-funded programs. The District shall maintain a contract administration system that requires contractors to perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Except as otherwise noted, procurement transactions shall also conform to the provisions of the District’s documented general purchase Policy DJ.
The District avoids situations that unnecessarily restrict competition and avoids acquisition of unnecessary or duplicative items. Individuals or organizations that develop or draft specifications, requirements, statements of work, and/or invitations for bids, requests for proposals, or invitations to negotiate, are excluded from competing for such purchases. Additionally, consideration shall be given to consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, an analysis shall be made to lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. These considerations are given as part of the process to determine the allowability of each purchase made with Federal funds.
Contracts are awarded only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration is given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. No contract is awarded to a contractor who is suspended or debarred from eligibility for participation in federal assistance programs or activities.
Purchasing r
