One person from the School Board shall serve as legislative contact with the New Hampshire School Boards Association in order to keep the Board abreast of happenings and upcoming legislation relating to education. He/she shall carry the opinions of the Board to the legislature when requested.
Category: O
1st Read: September 15, 2015
2nd Read: October 6, 2015
Adopted: October 6, 2015
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[post_date] => 2015-08-11 18:32:36
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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
[post_title] => AA - School District Legal Status
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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_date] => 2015-08-12 18:45:05
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[post_content] => A. Drug-Free Workplace
- All District workplaces are drug- and alcohol-free and are designated part of the Drug-Free School Zone under state law. All employees and contracted personnel are prohibited from:
a. Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the influence of any controlled substance, including any regulated cannabis infused product or any drug while on or in the workplace, including employees possessing a "medical marijuana" card.
b. Distributing, consuming, using, possessing, or being under the influence of alcohol while on or in the workplace.
2. For purposes of this policy, a "controlled substance or drug" means and includes any controlled substance or drug defined in the Controlled Substances Act, 21 U.S.C. § 812(c), or New Hampshire Controlled Drug Act RSA 318-B.
3. For purposes of this policy, "workplace" shall mean the site for the performance of work, and will include at a minimum any District building or grounds owned or operated by the District, any school-owned vehicle, and any other school-approved vehicle used to transport students to and from school or school activities. It shall also include off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction, care or control of the District.
4. As a condition of employment, each employee and all contracted personnel will:
a. Abide by the terms of this policy respecting a drug- and alcohol-free workplace, including any administrative rules, regulations or procedures implementing this policy; and
b. Notify his or her supervisor of his or her conviction under any criminal drug statute, for a violation occurring on District premises or while performing work for the District, no later than five (5) days after such conviction.
5. In order to make employees aware of dangers of drug and alcohol abuse, the District will endeavor to:
a. Provide each employee with a copy of the District drug- and alcohol-free workplace policy;
b. Post notice of the District drug- and alcohol-free workplace policy in a place where other information for employees is posted;
c. Establish a drug-free awareness program to educate employees about the dangers of drug abuse and drug use in the work place, the specifics of this policy, including, the consequences for violating the policy, and any information about available drug and alcohol counseling, rehabilitation, reentry, or other employee-assistance programs.
B. District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action; up to and including termination of employment. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.
The ConVal Board will take disciplinary action with respect to an employee convicted of a drug offense in the workplace, within thirty (30) days of receiving notice of a conviction. Should District employees or contracted personnel be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee/contracted personnel's conviction, within ten (10) days after receiving notice of the conviction.
The processes for disciplinary action shall be those provided generally to other misconduct for the employee/contractor personnel as may be found in applicable collective bargaining agreements, individual contracts, School Board policies, contractor agreements, and or governing law. Disciplinary action shall be applied consistently and fairly with respect to employees of the District and/or contractor personnel, as the case may be.
C. Drug-Free School Zone
Pursuant to New Hampshire's "Drug-Free School Zone" law (RSA Chapter 193-B), it is unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense or compound any controlled drug or its analog, within a "drug-free school zone" at any time during the year. The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B and N.H. Ed. Part 316 with respect to establishment, mapping and signage of the drug-free zone around each school of the District.
D. Implementation and Review
a. The Superintendent is directed to promulgate administrative procedures and rules necessary and appropriate to implement the provisions of this policy.
b. In order to maintain a drug-free workplace, the Superintendent will perform a biennial review of the implementation of this policy. The review shall be designed to (i) determine and assure compliance with the notification requirements of section A.5.a, b and d; (ii) determine the effectiveness of programs established under paragraph A.5.c above; (iii) ensure that disciplinary sanctions are consistently and fairly enforced; and (iv) and identify any changes required, if any.
E. Security of Prescribed Medications
Employees are responsible for maintaining the security of all prescribed medications (“medication”) while in the employ of the District. Employees shall only maintain on their person such medications as they may be required to self-administer during the school day. Except in the case of a medical emergency, employees shall not self-administer medication in the presence of students. Employees shall keep medications on their person or temporarily locked in their desk or other secure location during the school day. Employee medications shall not be stored overnight on school property. At no time shall employee medications be visible or left unattended and accessible to students.
Legal References:
- 41 U.S.C. §101, et. Seq. - Drug-free workplace requirements for Federal contractors, and Federal grant recipients
- RSA Chapter 193-B Drug Free School Zones
- RSA 126-X:3, Use of Cannabis for Therapeutic Purposes
Category: Priority-Required by Law
Identical Policy: GBEC
Related Policy: JICH
First Read: May 21, 2019
Second Read: June 4, 2019
Adopted: June 4, 2019
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[post_date] => 2015-08-12 18:57:40
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[post_content] => State law prohibits the use of any tobacco product, E-cigarette, or liquid nicotine in any facility or upon any grounds maintained by the District. Students and minors are further prohibited from possessing such items in or upon any facility, school vehicle, or grounds owned or maintained by the District.
A. Definitions: These definitions shall also include any amendments to the referenced statutes as the same may be amended or replaced from time to time.
“Tobacco product(s)” means any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes, as well as any other product or item included in RSA 126-K:2, XI as the same may be amended or replaced from time-to-time.
“Device” means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Devices may include, but are not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, as well as any other object or item defined in RSA 126-K:2, II-a.
“E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name as well as any other product or item included in RSA 126-K:2, II-a as the same may be amended or replaced from time-to-time.
“E-liquid” means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation as well as any other substance included or defined in RSA 126-K:2, II-c.
“Liquid nicotine” means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes, as well as any other product or item included in RSA 126-K:2, III-a as the same may be amended or replaced from time-to-time.
“Facility” is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.
B. Students
No student shall purchase, attempt to purchase, possess or use any tobacco product, device E-cigarette, E-liquid or liquid nicotine in any facility, in any school vehicle, while attending any school-sponsored event, or anywhere on school grounds maintained by the District.
Enforcement of the prohibition against students shall initially rest with building principals, or their designees, who may also report any violation to law enforcement, for possible juvenile, criminal or other proceedings as provided under state law. Additional consequences may be administered pursuant to printed student conduct rules.
C. Employees
No employee shall use any tobacco product, device, E-cigarette, E-liquid, or liquid nicotine, in any facility, in any school vehicle or anywhere on school grounds maintained by the District.
Initial responsibility for enforcement of this prohibition shall rest with building principals, or their designees. Any employee(s) who violate(s) this policy is subject to disciplinary action which may include warning, suspension or dismissal. Violations may also be referred to appropriate law enforcement and/or other appropriate agencies for criminal or other proceedings as provided under state law.
D. All other persons
No visitor, contractor, vendor or other member of the public, shall use any tobacco product, device, E-cigarette, E-liquid, or liquid nicotine in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.
The building principal(s), and where appropriate, other site supervisor (athletic director, vehicle driver, etc.), or their designee(s), shall have the initial responsibility to enforce this section, by requesting that any person who is violating this policy to immediately cease the use of tobacco products, E-cigarette or liquid nicotine. After this request is made, if any person refuses to refrain from using such products in violation of this policy, the principal, site supervisor, or designee may contact the appropriate law enforcement agency(ies) for possible criminal or other proceedings as provided under state law.
E. Implementation and Notice – Administrative Rules and Procedures
The Superintendent shall establish administrative rules and procedures to implement this policy, which rules and procedures may be building level and/or district-wide. Rules and procedures relating to student violations and resulting disciplinary consequences should be developed in consultation with building principal(s).
The Superintendent, working with the building principal(s), shall provide annual notice to employees, students and parents of the pertinent provisions of this policy (e.g., student or staff handbook) along with applicable administrative regulations and procedures, which may include prescribed consequences for violations of this policy. Such notice should include information that violation of this Policy could lead to criminal or other such proceedings.
Signs shall be placed by the District in all buildings, facilities and school vehicles stating that the use of tobacco products is prohibited.
Legal References:
RSA 155:64 – 77, Indoor Smoking Act
RSA 126-K:2, Definitions
RSA 126–K:6, Possession and Use of Tobacco Products by Minors
RSA 126-K:7, Use of Tobacco Products on Public Educational Grounds Prohibited
Category: Priority-Required by Law
See also: ADB, GBEC, GBED, JICG, & JICH
District Revision History:
First Read: March 19, 2019
Second Read: April 2, 2019
Adopted: April 2, 2019
First Read: March 15, 2022
Second Read: April 5, 2022
Adopted: April 5, 2022
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[post_content] => The Board recognizes that effective learning and teaching takes place in a safe, secure and welcoming environment and that safe schools contribute to improved attendance, increased student achievement and community support. To that end, the Board directs the superintendent to develop a safe schools plan that includes:
1. Procedures that address the supervision and security of school buildings and grounds.
2. Procedures that address the safety and supervision of students during school hours and school sponsored activities.
3. Procedures that address persons visiting school buildings and attending school-sponsored activities.
4. Training programs for staff and students in crisis prevention and management.
5. Training programs for staff and students in emergency response procedures that include practice drills.
6. Training programs for staff and students in how to recognize and respond to behavior or other information that may indicate impending violence or other safety problems.
7. Training and support for students that aims to relieve the fear, embarrassment and peer pressure associated with reporting behavior that may indicate impending violence or other safety problems.
8. Procedures for safe, confidential reporting of security and safety concerns at each school building.
9. Procedures for regular assessments by school security/safety professionals and law enforcement officers to evaluate the security needs of each school building and to provide recommendations for improvements if necessary.
10. Procedures for regular assessments of school climate to determine whether students feel safe and to provide recommendations for improvements in school climate at each district building.
11. Procedures to provide for regular communications between district officials, law enforcement officers, fire department officials, city and county officials and local medical personnel to discuss crisis prevention and management strategies, including involvement by these parties in the development and revision of crisis prevention and management plans.
12. Training programs for staff and students in safety precautions and procedures related to fire prevention, natural disaster response, accident prevention, public health, traffic, bicycle and pedestrian safety, environmental hazards, civil defense, classroom and occupational safety, and special hazards associated with athletics and other extracurricular activities.
13. Procedures for the reporting of criminal activity to law enforcement. Each building principal shall be responsible for the supervision and implementation of the safe school program at his or her school. The principal shall submit annually, in the manner and by the date specified by the State Board of Education, a written report to the Board of Education concerning the learning environment in the school during that school year. The report shall contain, at a minimum, the information required by law.
Legal References:
RSA 193-D, Safe School Zones
RSA 193-F, Pupil Safety and Violence Prevention
NH Code of Admin. Rule. Section Ed. 306.04(a)(2), Promoting School Safety
Category: Recommended
See also EB, EBB, JICK
First Read: April 17, 2018
Second Read: May 1, 2018
Adopted: May 1, 2018
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[post_content] => The Board directs the Superintendent to establish an accountability system in order to collect data needed for evaluation of the district's compliance with state and federal laws on school accountability.
The Superintendent will ensure that the district's statistical reports are filed in a timely manner with the New Hampshire Department of Education.
Legal Reference:
RSA 189:28, Statistical Reports; Failure to File Reports
RSA 193-H:4, Local Education Improvement Plan; Strategic Responses
NH Code of Administration Rules, Section Ed. 306.23, Statistical Reports; Accountability
Category: Recommended
1st Read: June 19, 2012
2nd Read: August 14, 2012
Adopted: August 14, 2012
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[post_content] => The School Board shall evaluate the Superintendent annually. The evaluation shall be guided by the definitions of purpose and foundational values stated below. Evaluation of the Superintendent shall be limited to the duties of the Superintendent as stated in School Board policy CB.
Purpose. The purpose of evaluation of the Superintendent is to provide the Superintendent with formative feedback to help the Superintendent improve performance. In addition, the process will enable the Board to provide specific support to the work of the Superintendent and to facilitate on- going communication between the Board and the Superintendent on progress toward goal achievement. The summative evaluation may serve as a basis for decisions about compensation and continued employment.
Values. The evaluation process shall be planned mutually. It should further the organization’s goals as well as foster growth of the professional skills of the Superintendent. Improving student learning, the performance of the District’s staff, and the efficient and effective management of the organization should form the primary subject matter of each year’s evaluation process.
Communication Timeline. A committee of three members of the Board will represent the Board in formal communication with the Superintendent regarding evaluation. Those three members will be the Board Chair, Vice Chair, and the Chair of one of the other School Board Committees chosen by the Board Chairperson.
By the end of June each year the Board committee referenced above will meet with the Superintendent for a goal-setting conference.
By the end of November, the Board committee will meet with the Superintendent for a “check in” conference.
By the end of January each year, the Board committee will meet with the Superintendent to discuss, and summatively assess, the Superintendent’s performance including goal-achievement.
Structure of Goals and Evaluation. At the goal-setting conference, the Superintendent and the Board committee will agree on measurable goals for the Superintendent to pursue during the evaluation year.
Those goals will be based on School Board goals set for the upcoming year.
Forms and Data. Appended to this policy is an Implementation Procedure.
Board Review. Following the Board committee’s summative conference with the Superintendent, the Board committee will meet with the full Board and present a review of that conference. At this meeting, the Board may discuss a proposal for the Superintendent’s compensation and future employment.
Legal References:
N.H. Code of Administrative Rules, Section Ed 303.01(k), Substantive Duties of School Boards, Superintendent Evaluation
See also Policy CBI
First Read: October 5, 2021
Second Read: October 19, 2021
Adoption: October 19, 2021
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[post_content] => The ConVal School Board will attempt to conduct a review of goals. The Board will establish annual goals and objectives that will serve as a benchmark and criteria for annual reviews.
The following areas of Board operations and relationships are representative of those in which objectives may be set and progress appraised:
1. Relationship with the Superintendent
2. Community relations
3. Board meetings
4. Staff and Personnel Relationships
5. Relationship to Instructional Program
6. Financial Management of Schools
7. Policy development
8. Risk management
9. Other areas the Board determines should be evaluated
While the Board may decide to do so, it is not expected that every area listed above will necessarily be annually reviewed.
The Board desires that the annual self-evaluation and goal setting will clarify the Board’s role within the school community, address areas for the Board to improve, and address areas for which the Board should be commended.
Legal References:
NH Code of Administrative Rules, Section ED. 303.01 (g), Substantive Duties of School Boards
Appendix: BA-R1; BA-R2
Category: Recommended
First Read: October 2, 2018
Second Read: October 16, 2018
Adopted: October 16, 2018
[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
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[post_content] => State law provides that public schools will be operated and maintained by local School Boards. As agents of the state government, School Boards are required to carry out state laws pertaining to public education, and to carry out the policies and regulations of the State Board of Education. See RSA 186:5.
The Contoocook Valley Regional School Board is an instrument of the New Hampshire legislature and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and regulations of the State Board of Education.
(See also RSA Ch. 197:1, 671:4, and “Powers and Duties of School Boards” as established by the State Board of Education, policy file BBA.)
April 2, 1991
[post_title] => BB -- School Board Legal Status
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[post_content] => State law provides that public schools will be operated and maintained by local School Boards. As agents of the state, School Boards are required to implement state laws pertaining to public education and to carry out the rules of the State Board of Education.
The ConVal Board is an agent of the State and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and Rules of the State Board of Education.
This School Board shall exercise all the powers and duties prescribed to them by applicable state and federal laws, and rules of the New Hampshire State Board of Education.
Ed 303.01 Substantive Duties. Each school board shall:
(a) Adopt policies necessary and desirable to control and effectuate the recruitment, employment, evaluation and dismissal of teachers and other employees and may delegate authority to the superintendent of schools to carry out the provisions of such policies provided that no teacher shall be employed who is not certified or who has not been nominated by the superintendent of schools and elected by the school board;
(b) Adopt policies necessary and desirable to control and effectuate the purchase of equipment, supplies, or services and may delegate to the superintendent of schools the authority to make financial commitments in accordance with such policy;
(c) Provide, through documented planning and public meetings and quorum votes, accommodation for all pupils in approved schools or other facilities in accordance with state law;
(d) Provide required transportation of students consistent with these rules and provide that all school buildings and other learning environments be maintained in a manner consistent with standards of health and safety as required by these rules;
(e) Prepare an annual budget in accordance with RSA 32 and comply with all federal and state laws and rules;
(f) Hold meetings for the transaction of business at least once in 2 months and require the attendance of the superintendent or designee. The board shall cause a written record to be kept of each meeting in accordance with RSA 91-A;
(g) In consultation with the superintendent and in accordance with statutes and rules of the state board of education, determine the educational goals of the district, develop long-range plans and identify measurable and attainable short-term objectives. The school board shall require the implementation of educational programs designed to reflect the goals and objectives and, further, the school board shall review such programs and make public the results of such investigation;
(h) Exercise all powers and perform all duties vested in and imposed upon the school board by law or rules of the state board;
(i) Adopt a rule to ensure that there shall be no unlawful discrimination on the basis of sex, race, age, creed, color, marital status, national origin, or disability in educational programs or activities consistent with local standards which may be stricter in specific areas than the broader statewide standards;
(j) Establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all those who must comply, which includes, at a minimum, the elements specified below:
(1) A statement that sexual harassment is against the law and against school district policy;
(2) A definition of sexual harassment with examples of actions that might constitute sexual harassment;
(3) The names and roles of all persons involved in implementing the procedures;
(4) A description of the process so all parties know what to expect, including time frames and deadlines for investigation and resolution of complaints;
(5) A prohibition against retaliation toward anyone involved in a complaint;
(6) A description of possible penalties including termination;
(7) A requirement that a written factual report be produced regardless of the outcome of the investigation;
(8) At least one level of appeal of the investigators recommendation; and
(9) A clear statement that someone can bypass the internal process and proceed directly to the New
Hampshire commission on human rights, with address and phone number, or office of civil rights, with address and phone number; and
(k) Annually evaluate the superintendent based on written criteria established by the school board (s)/SAU board.
(l) Adopt a teacher performance evaluation system, with the involvement of teachers and principals, for use in the school district, pursuant to RSA 189:1-a,III.
Legal References:
RSA 189:1-a, Duty to Provide Education
RSA 195:5, Cooperative School Districts: School Board Powers and Duties
N.H. Code of Administrative Rules-Section Ed. 303.01, Duties of School Board
Category: R
1st Read: October 16, 2018
2nd Read: November 6, 2018
Adopted: November 6, 2018
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[post_content] => The authority of individual School Board members is limited to participating in actions taken by the Board as a whole when legally in session. Board members shall not assume responsibilities of administrators or other staff members. The Board or staff shall not be bound in any way by any action taken or statement made by any individual Board member except when such statement or action is pursuant to specific instructions and official action taken by the Board.
Each Board member shall review the agenda and any study materials distributed prior to the meeting and be prepared to participate in the discussion and decision-making for each agenda item. Each agenda will provide an opportunity for Board members to comment on District activities and/or educational issues. These comments may become topics for future Board discussions.
Board members may occasionally serve on committees or organizations for the purpose of reciprocal communication and reporting back to the Board. Committee assignments will be made by the Chairperson.
Each member is obligated to regularly attend Board and assigned committee meetings. Whenever possible, each Board member shall give advance notice to the Chairperson or Superintendent of his/her inability to attend a Board meeting.
Legal References:
RSA 91-A:2, Meetings Open to Public
RSA 91-A:2-a, Communication Outside Meetings
N.H. Code of Administrative Rules-Section Ed. 303.01, Substantive Duties of School Boards
Appendix: BBA-R
Category R
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
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[post_content] => To become a candidate for the ConVal School Board, a person must be a registered voter in the district. No person holding the office of School Board member shall at the time hold the office of school district moderator, treasurer, or auditor. No person employed on a salaried
basis by the ConVal School District shall be a ConVal School Board member. Salaried positions shall include, but are not limited to, the following: teacher, custodian, administrator, secretary, school bus driver (if paid by the district), food service employee, and teacher's aide.
The same qualifications shall exist when the ConVal School Board seeks to fill vacancies.
Category O
Legal Reference:
RSA 197:26, Vacancies
RSA 671:14, School District Elections: Qualifications
RSA 671:18-19, School District Elections: Nominations
RSA 671:33, Vacancies
1
st Read: February 21, 2012
2
nd Read: April 3, 2012
Adopted: April 3, 2012
[post_title] => BBBA - Board Member Qualifications
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbba-board-member-qualifications
[to_ping] =>
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[post_modified] => 2018-12-05 14:06:16
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[ID] => 98
[post_author] => 8
[post_date] => 2015-08-12 19:28:42
[post_date_gmt] => 2015-08-12 19:28:42
[post_content] => If, for reasons of health, change in domicile, or any other compelling reason a member decides to terminate service, the Board requests earliest possible notification of intent to resign so that the Board may plan appropriately for a replacement. A letter of resignation should be sent to the chairman with a copy to the District clerk.
Vacancies shall be filled in accordance with RSA 197:26 and RSA 671:33.
Category: O
Legal References:
RSA 197:26, School Meetings & Officers: Vacancies
RSA 671:33, School District Elections: Vacancies
1st Read: February 21, 2012
2nd Read: April 17, 2012
Adopted: April 17, 2012
[post_title] => BBBC - Board Member Or District Officer Resignation
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbc-board-member-or-district-officer-resignation
[to_ping] =>
[pinged] =>
[post_modified] => 2015-08-12 19:31:55
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[post_date] => 2015-08-12 19:34:35
[post_date_gmt] => 2015-08-12 19:34:35
[post_content] => School Board members may only be removed from office as provided in RSA 32:12 and RSA 42:1-a. RSA 32:12 prohibits School Board members from violating the provisions of RSA 32 relating to the expenditures of school district money. RSA 42:1-a prohibits school board members from breaching confidentiality standards. Violations of either of these statues may result in the board member being removed from office.
Category: O
Legal Reference:
RSA 32:12, Municipal Budget Law: Penalty
RSA 42:1-a, Oaths of Town Officers: Manner of Dismissal, Breach of Confidentiality
1st Read: February 5, 2013
2nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BBBD - School Board Removal From Office
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbd-school-board-removal-from-office
[to_ping] =>
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[post_modified] => 2015-08-12 19:34:35
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(
[ID] => 2737
[post_author] => 10
[post_date] => 2018-05-31 13:55:58
[post_date_gmt] => 2018-05-31 17:55:58
[post_content] => In a cooperative school district, the remaining school board members representing the same town as the departed member shall fill a vacancy on the school board, provided that there are at least two such members. If there are fewer than two members representing that town, or if the remaining members are unable, by majority vote, to agree upon an appointment, the selectmen of the town involved shall fill the vacancy by majority vote. If the selectmen are unable to fill the vacancy, the cooperative school district moderator shall make the appointment. A member appointed to fill a vacancy under these circumstances shall serve until the next district election when the voters of the district shall elect a replacement for the unexpired term.
Legal Reference:
RSA 197:26, School Meetings & Officers: Vacancies
RSA 671:33, School District Elections: Vacancies
Category: O
1st Read: February 5, 2013
2nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BBBE -- Unexpired Term Fulfillment
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbe-unexpired-term-fulfillment
[to_ping] =>
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[post_modified] => 2018-05-31 13:55:58
[post_modified_gmt] => 2018-05-31 17:55:58
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[20] => WP_Post Object
(
[ID] => 6646
[post_author] => 9
[post_date] => 2023-04-26 11:58:23
[post_date_gmt] => 2023-04-26 15:58:23
[post_content] =>
A. General Policy
The Board will have one student school board member from Contoocook Valley Regional High School.
Student School Board members (“Student-members”) will not have the right to vote and will be excluded from all non-public sessions the Board enters.
B. Election and Term of Student School Board-Members.
Student-members will serve one-year terms, beginning on September 1, of each year.
Student-members will be chosen by the high school student body under procedures for nomination and election established by the student government of the high school.
C. Responsibilities of Student Government.
The student government of the high school shall establish procedures for:
1. The nomination and election of Student-member candidates;
2. Any public high school student in the school district to petition the Student-member to present proposals and opinions to the School Board;
3. Filling any vacancy that may occur in the Student-member position from that school.
Category R
Legal References:
RSA 189:1-c, School Board Student Member
RSA 194:23-f, High School Student as a Board Member
First Read: March 7, 2023
Second Read: March 21, 2023
Adopted: March 21, 2023
[post_title] => BBBF - Student Board Members
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbbf-student-board-members
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[post_modified] => 2023-04-26 11:58:23
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(
[ID] => 1185
[post_author] => 10
[post_date] => 2016-03-22 15:10:40
[post_date_gmt] => 2016-03-22 19:10:40
[post_content] => AS A MEMBER OF MY LOCAL BOARD OF EDUCATION, I WILL STRIVE TO IMPROVE PUBLIC EDUCATION, AND TO THAT END I WILL STRIVE TO:
Attend all regular scheduled Board meetings insofar as possible, and become informed concerning the issues to be considered at those meetings;
Recognize that I should endeavor to make policy decisions only after full discussion at publicly held Board meetings;
Render all decisions based on the available facts and my independent judgment, and refuse to surrender that judgment to individuals or special interest groups;
Encourage the free expression of opinion by all Board members, and seek systematic communications between the Board and students, staff, and all elements of the community;
Work with other Board members to establish effective Board policies and to delegate authority for the administration of the schools to the Superintendent of Schools.
Communicate to other Board members and the Superintendent expressions of public reaction to the Board policies and school programs;
Inform myself about current educational issues by individual study and through participation in programs providing needed information, such as those sponsored by my state and national school boards associations;
Support the employment of those persons best qualified to serve as school staff, and insist on a regular and impartial evaluation of all staff;
Avoid being placed in a position of conflict of interest, and refrain from using my Board position for personal or partisan gain;
Take no private action that will compromise the Board or administration, and respect the confidentiality of information that is privileged under applicable law or is received in confidence or executive session;
Remember always that my first and greatest concern must be the educational welfare of the students attending the public schools.
Category: Recommended
Call Letter Update: October 16, 2018
Adopted: April 2, 1991
Readopted: July 19, 2011
[post_title] => BCA - School Board Member Ethics
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bbfe-school-board-member-ethics
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[post_modified] => 2018-12-05 14:17:55
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[post_date] => 2017-12-20 08:29:12
[post_date_gmt] => 2017-12-20 13:29:12
[post_content] => As elected officials, ConVal School Board members owe a duty of loyalty to the general public in protecting the school district’s interests. Therefore, the Board declares that a conflict of interest is a personal and/or pecuniary interest that is immediate, definite, and demonstrable and which is or may be in conflict with the public interest.
A Board member shall not participate in, or influence in any way, the discussion, bid specifications, or vote on any contract, service, collective bargaining issue, or personnel matter, where the Board member has, or appears to have, a direct personal and/or pecuniary interest. A Board member shall not purchase from sell to, or furnish for hire to the District any labor, equipment, goods, commodities, personal property, real estate, services, or supplies with a value in excess of $200.
As used in this policy, the term “Board member” includes a member of the Board members’ immediate family (i.e., spouse, child, siblings, and parents) and anyone residing in the Board members’ household.
A Board member shall not have any direct personal and/or pecuniary interest in a contract with the school district, nor shall he or she furnish directly any labor, equipment, or supplies to the District.
In the event a Board member is employed by a corporation or business or has a secondary interest in a corporation or business which furnishes goods or services to the School district, the Board member shall declare his interest and refrain from debating, discussing, or voting upon the question of contracting with the company.
It is not the intent of this policy to prevent the District from contracting with corporations of businesses because a Board member is an employee of the firm. The policy is designed to prevent placing a Board member in a position where his interest in the public schools and his interest in his place of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist. Through the use of open competitive bidding or recusal of any Board member who has a conflict of interest, the Board will seek to obtain the best value for the district while avoiding impropriety or the appearance of impropriety.
Hiring Decisions regarding Family Members
Applicants for employment by the District shall be required to disclose if they are the father, mother, brother, sister, wife, husband, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law of any member of the Board. The related Board member is obligated to disclose the fact that they are related to an applicant who is brought forward to the Board for hiring or appointment, and shall refrain from debating, discussing or voting upon the question of hiring the applicant.
The Superintendent shall refrain from hiring, or nominating to the Board for hire, anyone related to her/him as father, mother, brother, sister, wife, husband, son, daughter, son-in-law, daughter-in-law, sister-in-law, or brother-in-law without also disclosing the relationship to the Board and in the case where the Superintendent has the hiring authority, receiving prior consent from the Board to hire the related applicant.
This shall not apply to any person within such relationship or relationships who has been regularly employed by the Board prior to the inception of the relationship, the adoption of this policy, or a Board member’s election.
Vendor Relations
Except as set forth above, the District shall not purchase supplies, materials, or services from a member of the Board or from a member of his or her household or from a firm in which a Board member holds a major interest.
Legal References:
Marsh v. Hanover, 113 NH 667 (1973) and
Atherton v. Concord, 109 NH 164 (1968)
RSA 95:1, Public Officials Barred From Certain Private Dealings
Category: R - Recommended
See also: BBFE
1st Read: September 3, 2019
2nd Read: September 17, 2019
Adopted: September 17, 2019
[post_title] => BCB -- School Board Member Conflict of Interest
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bcb-board-member-conflict-interest
[to_ping] =>
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[post_modified] => 2019-09-27 11:15:23
[post_modified_gmt] => 2019-09-27 15:15:23
[post_content_filtered] =>
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(
[ID] => 1251
[post_author] => 10
[post_date] => 2016-04-26 10:51:02
[post_date_gmt] => 2016-04-26 14:51:02
[post_content] =>
- At the first meeting of the School Board after the District Voting in March, the Board shall elect a Chairperson and a Vice-Chairperson. Candidates for Chairperson shall have served at least two years as a member of the Board. Candidates for Vice-Chairperson shall have served at least one year as a member of the Board.
- Method of Election. Candidates for each office shall declare in writing their candidacy at the first Board meeting in February of each year. Each candidate shall have the opportunity to speak to their qualifications at the following meeting and answer questions from Board members.
In the event that Board members may be leaving the Board, the candidates to replace them shall be invited and encouraged to attend this meeting.
The election of the Chairperson and Vice-Chairperson shall be done by a roll-call vote at the first meeting of the School Board after the District Voting in March. A plurality of votes cast during this open roll-call vote will be sufficient to elect a candidate.
- Term Limits.
The length of term for these offices shall be one year. A Board member may serve as either Chairperson or Vice-Chairperson, or four terms in a combination of these offices.
- Duties.
The Chairperson shall preside at all meetings and shall not originate or second motions; however, the Chairperson shall have the right to vote on all matters before the Board. The Chairperson shall consult with the Superintendent on the preparation of the agenda for each meeting, shall call special meetings as needed, shall have authority to sign contracts and other instruments as approved by the Board in its name and on its behalf, and shall have such other powers and duties as the Board may determine.
The Vice-Chairperson shall have the powers and duties of the Chairperson in his/her absence or for the duration of the disability, and such other powers and duties as the Board may determine.
- Resignation of Chairperson.
In the event that a Chairperson shall resign or be otherwise unable to serve a full term, the Vice-Chairperson shall assume the role of Chairperson. The Board will decide whether to elect an interim Vice Chairperson. If so, the aforementioned election procedure will be followed.
- Other Officers.
Secretary
The Secretary of the School Board is hired by the Superintendent subject to approval by the Board. The Secretary shall be responsible for Board correspondence when directed by the Chairperson. The Secretary shall attend all board meetings and keep an accurate record of all proceedings which she/he shall sign.
She/He shall have custody of the record books and documents of the School Board, which are to be available for public inspection at all reasonable times. She/He shall be responsible to the Superintendent in performance of duties.
Legal References:
RSA 195:5, Cooperative School District Officers: School Board Powers & Duties
RSA 197:20, School Meetings & Officers: Clerk Duties
RSA 197:22, School Meetings & Officers: Treasurers Bond
RSA 197:23-a, School Meetings & Officers: Treasurers Duties
RSA 671:23, School District Elections: Warrant
RSA 671:6, School District Elections: Other Officers
RSA 671:31, School District Elections: Reports by Clerk
Category: R
1
st Read: May 17, 2016
2
nd Read: June 7, 2016
Adoption: June 7, 2016
[post_title] => BDB -- Board Officers
[post_excerpt] =>
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[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bdba-board-officers
[to_ping] =>
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[post_modified] => 2016-08-08 16:03:53
[post_modified_gmt] => 2016-08-08 20:03:53
[post_content_filtered] =>
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[24] => WP_Post Object
(
[ID] => 3150
[post_author] => 10
[post_date] => 2018-12-05 14:32:01
[post_date_gmt] => 2018-12-05 19:32:01
[post_content] => Clerk of the District
The Clerk of the District shall be appointed annually by the School Board. The Clerk shall keep a true record of each District meeting and make any reports to the State of New Hampshire as required by law.
Treasurer
The Treasurer of the District shall be appointed for a five-year term by the Board in cooperative Districts and shall not be a member of the School Board. He/She shall receive such remuneration as the District may determine and perform such duties pertaining to the fiscal affairs of the School District as outlined in the New Hampshire statutes relating to public schools.
A Deputy Treasurer shall be appointed by the Treasurer subject to the approval of the Board.
Legal References:
RSA 195:5, Cooperative School District Officers: School Board Powers & Duties
RSA 197:20, School Meetings & Officers: Clerk Duties
RSA 197:22, School Meetings & Officers: Treasurers Bond
RSA 197:23-a, School Meetings & Officers: Treasurers Duties
RSA 671:23, School District Elections: Warrant
RSA 671:6, School District Elections: Other Officers
RSA 671:31, School District Elections: Reports by Clerk
Category: O
See also BID
1st Read: August 14, 2012
2nd Read: September 18, 2012
Adopted: September 18, 2012
[post_title] => BDC -- Appointed Board Officials
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bdc-appointed-board-officials
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[post_modified] => 2018-12-05 14:32:01
[post_modified_gmt] => 2018-12-05 19:32:01
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[ID] => 1183
[post_author] => 10
[post_date] => 2016-03-22 15:04:56
[post_date_gmt] => 2016-03-22 19:04:56
[post_content] => The School Board believes that policy-making is a primary function of the School Board and that the execution of those policies is the primary function of the Superintendent.
Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board’s policies and frees the Board to devote its time to policy-making and statutory functions.
The Superintendent is responsible for the administration of Board policies, the execution of Board decisions, the operation of school programs, for keeping the Board informed about school operations and issues.
Appendix: BDD-R
Category: Recommended
1
st Read: February 5, 2013
2
nd Read: February 19, 2013
Adopted: February 19, 2013
[post_title] => BDD - Board-Superintendent Relationship
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[post_modified] => 2018-12-05 14:35:30
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(
[ID] => 6023
[post_author] => 9
[post_date] => 2022-04-25 11:10:16
[post_date_gmt] => 2022-04-25 15:10:16
[post_content] =>
Purpose:
The ConVal School Board utilizes standing committees to consider issues, proposals, and tasks in a smaller venue to allow members to delve more deeply into issues than may be possible at full School Board meetings. The committee structure is an efficient way of allowing for more thorough consideration of policy proposals, constructing budgets, initiating new programs, reviewing curricular issues, monitoring of progress toward Board goals, and Board communication. The committees may initiate and investigate any matter within their jurisdiction.
All recommendations of these committees should represent a majority vote of committee members. No vote or discussion of a standing committee – with the exception of the Student Discipline and Grievance Committees — will constitute a School Board decision unless so authorized by Board action at a public meeting.
Additional committees may be created, or existing committees dissolved, by a vote of the Board at the annual Board organizational meeting following the annual Board election.
The following committees currently exist as part of the governance of the Board:
- Budget and Property Education
- Policy
- Selectmen’s Advisory Committee
Committee Organization Each committee should have at least four members. The Chair of the Board, in consultation with Board members, makes committee appointments annually. These appointments are for a term of one year. All appointments will be made promptly after each Board election. An organizational meeting of each committee will be held annually promptly after each Board election and the announcement of committee appointments by the Board Chair.
A Chair for the committee will be selected annually by the appointed members of the committee at the organizational meeting of the committee. Any Board member may attend and participate in any committee meeting at any time. However, the voting members of each committee will be limited to those who have been appointed.
All committee meetings shall be posted publicly.
The Superintendent or designee shall attend committee meetings whenever possible, as non-voting members. The Chair of the committee is responsible for prioritizing issues, setting meeting agendas, dates, and times. A record must be kept of the proceedings of each committee meeting. That record must be approved by the voting membership of the Committee and kept on file at the Board office. The Chair of each standing committee shall be responsible for reporting on the committee’s business at the full Board meeting.
Committee Responsibility and Jurisdiction
Each committee of the Board will be assigned a jurisdiction. This jurisdiction will be reviewed and confirmed annually by the Board following the organizational meetings of all committees. Each committee Chair may periodically initiate review and adjustment of the committee’s jurisdiction when deemed appropriate; any change to a committee jurisdiction must be approved by the School Board. Committee jurisdictions will be posted on the School Board’s website.
A committee of the Board shall not appoint a committee of that committee without approval of the Board.
School Board Member Special Duty Assignments
Individual Board members may be designated to fulfill special assignments on behalf of the whole Board to facilitate the efficient, or confidential, completion of Board responsibilities.
The following special duty assignments will be made to facilitate Board governance:
- Negotiations/Grievance
- Student Discipline
- Review of the Manifest
- Representative to the New Hampshire School Board Association (NHSBA)
- Delegate Assembly
- Strategic Planning
Special Duty Assignment Procedures
The Chair of the Board, in consultation with Board members, makes special duty appointments annually. These appointments are for a term of one year. All appointments will be made promptly after each Board election.
The committees on Negotiation, Employee Grievance, or Student Discipline are not open to participation by Board members who have not been appointed. Nor are meetings of the Negotiations, Employee Grievance, or Student Discipline committee meetings open to the public.
Board members appointed to fulfill a special duty assignment will report to the full Board as requested to do so by the Board Chair. Board member(s) designated to review the Manifest prior to each Board meeting will bear the responsibility of moving for acceptance of the certified manifest at the Board meeting.
The Board member appointed as the representative of the ConVal School Board to the NHSBA Delegate Assembly will review all proposals with the Board prior to the annual Delegate Assembly and seek Board advice regarding their vote at the Delegate Assembly.
Ad-Hoc Committees of the Board
Ad hoc committees of the Board may be appointed by the Chair of the Board. The function of the ad hoc committee will be to study specific issues for a specifically limited period of time, and if appropriate, to make recommendations to the full Board for approval.
The dates, times, and location of ad hoc committee meetings will be posted publicly and the meetings will be open to all members of the Board. No vote or discussion of an ad hoc committee will constitute a decision of the Board, unless such authority is granted by the School Board at a public meeting.
The School Board may form committees with members of the public, students, parents, and/or employees to do specific tasks and make recommendations to the Board. The Board Chair may appoint members of the School Board to such ad hoc committees.
Meetings of ad hoc committees must be properly posted and open to the public. Board members not appointed by the Board Chair may attend and participate in ad hoc committee meetings but may not be voting members of the ad hoc committee.
The Board will establish the charge of the scope of responsibility for such ad hoc committees. Such ad hoc committees are advisory and have only such authority as specified by the Board. The Board will receive reports or recommendations from an ad hoc committee at the direction of the Board Chair.
A record must be kept of the proceedings of each meeting of an ad hoc committee. That record must be approved by the membership of the ad hoc committee and kept on file at the Board offices. The Board retains the right and has the duty to make all final decisions related to such reports or recommendations of an ad hoc committee. The Board reserves the right to limit, create or dissolve an ad 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
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(
[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
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[post_modified] => 2018-12-05 15:37:11
[post_modified_gmt] => 2018-12-05 20:37:11
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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
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[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
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[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] =>
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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] =>
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[menu_order] => 0
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[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] =>
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[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] =>
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[post_modified] => 2017-10-27 11:40:18
[post_modified_gmt] => 2017-10-27 15:40:18
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(
[ID] => 2025
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[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] =>
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[post_modified] => 2017-08-10 09:46:35
[post_modified_gmt] => 2017-08-10 13:46:35
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[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
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[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] =>
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[menu_order] => 0
[post_type] => district-policies
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[filter] => raw
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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
[post_mime_type] =>
[comment_count] => 0
[filter] => raw
)
[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
[filter] => raw
)
[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
[filter] => raw
)
[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
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => bk-school-board-memberships
[to_ping] =>
[pinged] =>
[post_modified] => 2018-12-10 15:11:24
[post_modified_gmt] => 2018-12-10 20:11:24
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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
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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_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_modified] => 2018-12-11 09:59:36
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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
[post_excerpt] =>
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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_modified] => 2015-09-14 16:08:22
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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_modified] => 2023-08-03 10:31:09
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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_modified] => 2015-09-14 16:41:31
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[post_date] => 2021-11-17 10:42:12
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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 records are sufficiently maintained to detail the history of all procurements and must include at least the rationale for the method of procurement, selection of contract type, and contractor selection or rejection; the basis for the contract price; and verification that the contractor is not suspended or debarred.
To foster greater economy and efficiency, the District may enter into State and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services.
- Competition: All procurement transactions shall be conducted in a manner that encourages full and open competition and that is in accordance with good administrative practice and sound business judgement. In order to promote objective contractor performance and eliminate unfair competitive advantage, the District shall exclude any contractor that has developed or drafted specifications, requirements, statements of work, or invitations for bids or requests for proposals from competition for such procurements.
Some of the situations considered to be restrictive of competition include, but are not limited to, the following:
- unreasonable requirements on firms in order for them to qualify to do business;
- unnecessary experience and excessive bonding requirements;
- noncompetitive contracts to consultants that are on retainer contracts;
- organizational conflicts of interest;
- specification of only a “brand name” product instead of allowing for an “or equal” product to be offered and describing the performance or other relevant requirements of the procurement; and/or
- any arbitrary action in the procurement process.
Further, the District does not use statutorily or administratively imposed State, local, or tribal geographical preferences in the evaluation of bids or proposals, unless (1) an applicable Federal statute expressly mandates or encourages a geographic preference; (2) the District is contracting for architectural and engineering services, in which case geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
To the extent that the District uses a pre-qualified list of persons, firms or products to acquire goods and services, the pre-qualified list must include enough qualified sources as to ensure maximum open and free competition. The District allows vendors to apply for consideration to be placed on the list as requested.
- Solicitation Language: The District shall require that all solicitations incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it shall conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible.
When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which shall be met by offers shall be clearly stated; and identify all requirements which the offerors shall fulfill and all other factors to be used in evaluating bids or proposals.
The Board will not approve any expenditure for an unauthorized purchase or contract.
- Procurement Methods: The District shall utilize the following methods of procurement:
- Micro-purchases
Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $10,000 To the extent practicable, the District shall distribute micro-purchase equitably among qualified suppliers. Micro-purchases may be made without soliciting competitive quotations if the Superintendent considers the price to be reasonable. The District maintains evidence of this reasonableness in the records of all purchases made by this method.
- Small Purchases (Simplified Acquisition)
Small purchase procedures provide for relatively simple and informal procurement methods for securing services, supplies, and other property which is acquired above the
aggregate dollar micro-purchase threshold and not exceeding the competitive bid threshold of $250,000. Small purchase procedures require that price or rate quotations shall be obtained from an adequate number of qualified sources.
- Sealed Bids
Sealed, competitive bids shall be obtained when the purchase of, and contract for, single items of supplies, materials, or equipment which amounts to $250,000 and when the Board determines to build, repair, enlarge, improve, or demolish a school building/facility the cost of which will exceed $250,000.
- In order for sealed bidding to be feasible, the following conditions shall be present:
- a complete, adequate, and realistic specification or purchase description is available;
- two (2) or more responsible bidders are willing and able to compete effectively for the business; and
- the procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price.
- When sealed bids are used, the following requirements apply:
- Bids shall be solicited in accordance with the provisions of State law and DJE . Bids shall be solicited from an adequate number of qualified suppliers, providing sufficient response time prior to the date set for the opening of bids. The invitation to bid shall be publicly advertised.
- The invitation for bids will include product/contract specifications and pertinent attachments and shall define the items and/or services required in order for the bidder to properly respond.
- All bids will be opened at the time and place prescribed in the invitation for bids; bids will be opened publicly.
- A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts may only be used to determine the low bid when prior experience indicates that such discounts are usually taken.
- The Board reserves the right to reject any and all bids for sound documented reason.
- Bid protests shall be handled pursuant to the process set forth in DAF-3.I.
- Competitive Proposals
Procurement by competitive proposal, normally conducted with more than one source submitting an offer, is generally used when conditions are not appropriate for the use of sealed bids or in the case of a recognized exception to the sealed bid method.
If this method is used, the following requirements apply:
- Requests for proposals shall be publicized and identify all evaluation factors and their relative importance. Any response to the publicized requests for proposals shall be considered to the maximum extent practical.
- Proposals shall be solicited from an adequate number of sources.
- The District shall use its written method for conducting technical evaluations of the proposals received and for selecting recipients.
- Contracts shall be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered.
The District may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated, and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.
- Noncompetitive Proposals
Procurement by noncompetitive proposals allows for solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
- the item is available only for a single source;
- the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
- the Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the District; and/or
- after solicitation of a number of sources, competition is determined to be inadequate.
- Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms: The District must take necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
- Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
- Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
- Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
- Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
- Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
- Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
- Contract/Price Analysis: The District shall perform a cost or price analysis in connection with every procurement action in excess of $250,000 (i.e., the Simplified Acquisition/Small Purchase limit), including contract modifications. (See 2 CFR 200.324). A cost analysis generally means evaluating the separate cost elements that make up the total price, while a price analysis means evaluating the total price, without looking at the individual cost elements.
The method and degree of analysis is dependent on the facts surrounding the particular procurement situation; however, the District shall come to an independent estimate prior to receiving bids or proposals.
When performing a cost analysis, the District shall negotiate profit as a separate element of the price. To establish a fair and reasonable profit, consideration is given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
- Time and Materials Contracts: The District shall use a time and materials type contract only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the District is the sum of the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.
Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiently. Therefore, the District sets a ceiling price for each contract that the contractor exceeds at its own risk. Further, the District shall assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls, and otherwise performs in accordance with the terms, conditions, and specifications of their contracts or purchase orders.
- Suspension and Debarment: The District will award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. All purchasing decisions shall be made in the best interests of the District and shall seek to obtain the maximum value for each dollar expended. When making a purchasing decision, the District shall consider such factors as (1) contractor integrity; (2) compliance with public policy; (3) record of past performance; and (4) financial and technical resources.
The Superintendent shall have the authority to suspend or debar a person/corporation, for cause, from consideration or award of further contracts. The District is subject to and shall abide by the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180.
Suspension is an action taken by the District that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensure. A person so excluded is suspended. (See 2 CFR Part 180 Subpart G).
Debarment is an action taken by the Superintendent to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1). A person so excluded is debarred. (See 2 CFR Part 180 Subpart H).
The District shall not subcontract with or award sub-grants to any person or company who is debarred or suspended. For contracts over $25,000 the District shall confirm that the vendor is not debarred or suspended by either checking the Federal government’s System for Award Management (“SAM”), which maintains a list of such debarred or suspended vendors at
www.sam.gov (which replaced the former Excluded Parties List System or EPLS); or collecting a certification from the vendor. (See 2 CFR Part 180 Sub part C).
Documentation that debarment/suspension was queried must be retained for each covered transaction as part of the documentation required under DAF-3, paragraph J. This documentation should include the date(s) queried and copy(ies) of the SAM result report/screenshot, or a copy of the or certification from the vendor. It should be attached to the payment backup and retained for future audit review.
- Additional Requirements for Procurement Contracts Using Federal Funds:
- Clause for Remedies Arising from Breach: For any contract using Federal funds under which the contract amount exceeds the upper limit for Simplified Acquisition/Small Purchases (see DAF-3.C.2), the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for sanctions and penalties. (See 2 CFR 200, Appendix II(A)).
- Termination clause: For any contract using Federal funds under which the contract amount exceeds $10,000, it must address the District’s authority to terminate the contract for cause and for convenience, including the manner by which termination will be affected and the basis for settlement. (See 2 CFR 200, Appendix II (B)).
- Anti-pollution clause: For any contract using Federal funds under which the contract amount exceeds $150,000, the contract must include clauses addressing the Clean Air Act and the Federal Water Pollution Control Act. (See 2 CFR 200, Appendix II (G)).
- Anti-lobbying clause: For any contract using Federal funds under which the contract exceeds $100,000, the contract must include an anti-lobbying clause, and require bidders to submit Anti-Lobbying Certification as required under 2 CFR 200, Appendix II (I).
- Negotiation of profit: For each contract using Federal funds and for which there is no price competition, and for each Federal fund contract in which a cost analysis is performed, the District shall negotiate profit as a separate element of the price. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of the contractor’s past performance, and industry profit rates in the surrounding geographical area for similar work. (See 2 CFR 200.324(b)).
- “Domestic Preference” Requirement: The District must provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, to the greatest extent practicable. This requirement applies whether the District is purchasing the products directly or when the products are purchased by third parties on the District’s behalf (e.g. subcontractor, food service management companies, etc.). It also generally applies to all purchases, even those below the micro-purchase threshold, unless otherwise stipulated by the Federal awarding agency. See also additional “Buy American” provisions in DAF-4.C regarding food service procurement.
- Huawei Ban: The District may not use Federal funds to procure, obtain, or enter into or renew a contract to procure or obtain equipment, services, or systems which substantially use telecommunications equipment or services produced by Huawei Technologies Company or ZTE Corporation, or any of their subsidiaries.
- Bid Protest: The District maintains the following protest procedures to handle and resolve disputes relating to procurements and, in all instances, discloses information regarding the protest to the awarding agency.A bidder who wishes to file a bid protest shall file such notice and follow procedures prescribed by the Request for Proposals (RFPs) or the individual bid specifications package, for resolution. Bid protests shall be filed in writing with the Superintendent within seventy-two (72) hours of the opening of the bids in protest.
Within five (5) days of receipt of a protest, the Superintendent shall review the protest as submitted and render a decision regarding the merits of the protest and any impact on the acceptance and rejection of bids submitted. Notice of the filing of a bid protest shall be communicated to the Board and shall be noted in any subsequent recommendation for the acceptance of bids and awarding of contracts.
Failure to file a notice of intent to protest, or failure to file a formal written protest within the time prescribed, shall constitute a waiver of proceedings.
- Maintenance of Procurement Records: The District shall maintain records sufficient to detail the history of all procurements. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, the basis for the contract price (including a cost or price analysis), and records regarding debarment/suspension queries or actions. Such records shall be retained consistent with District Policy EHB and District Administrative Procedures EHB-R .
DAF-4 PROCUREMENT – ADDITIONAL PROVISIONS PERTINENT TO FOOD SERVICE PROGRAM
The following provisions shall be included in all cost reimbursable contracts for food services purchases, including contracts with cost reimbursable provisions, and in solicitation documents prepared to obtain offers for such contracts: (7 CFR Sec. 210.21, 215.14a, 220.16)
- Mandatory Contract Clauses: The following provisions shall be included in all cost reimbursable contracts for food services purchases, including contracts with cost reimbursable provisions, and in solicitation documents prepared to obtain offers for such contracts:
- Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority;
- The contractor must separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or
- The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification;
- The contractor's determination of its allowable costs must be made in compliance with the applicable departmental and program regulations and Office of Management and Budget cost circulars;
- The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the state agency, the school food authority may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually;
- The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and
- The contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the state agency, or the department.
- Contracts with Food Service Management Companies: Procedures for selecting and contracting with a food service management company shall comply with guidance provided by the NHDOE, including standard forms, procedures and timelines for solicitation, selection and approval of proposals and contracts.
- “Buy American” Requirement: NOTE - See DAF-3.H.6 regarding “domestic preference” requirements for procurements other than for food service.
Under the “Buy American” provision of the National School Lunch Act (the “NSLA”), school food authorities (SFAs) are required to purchase, to the maximum extent practicable,
domestic commodity or product. As an SFA, the District is required to comply with the “Buy American” procurement standards set forth in 7 CFR Part 210.21(d) when purchasing commercial food products served in the school meals programs. This requirement applies whether the District is purchasing the products directly or when the products are purchased by third parties on the District’s behalf (e.g., food service management companies, group purchasing cooperatives, shared purchasing, etc.).
Under the NSLA, “
domestic commodity or product” is defined as an agricultural commodity or product that is produced or processed in the United States using “
substantial” agricultural commodities that are produced in the United States. For purposes of the act, “
substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowable under this provision as territories of the United States.
- Exceptions: The two main exceptions to the Buy American requirements are:
- The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or
- Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.
- Steps to Comply with Buy American Requirements: In order to help assure that the District remains in compliance with the Buy American requirement, the Superintendent, shall
- Include a Buy American clause in all procurement documents (product specifications, bid solicitations, requests for proposals, purchase orders, etc.);
- Monitor contractor performance;
- Require suppliers to certify the origin of the product;
- Examine product packaging for identification of the country of origin; and
- Require suppliers to provide specific information about the percentage of U.S. content in food products
DAF-5 CONFLICT OF INTEREST AND MANDATORY DISCLOSURES
The District complies with the requirements of State law and the Uniform Guidance for conflicts of interest and mandatory disclosures for all procurements with federal funds.
Each employee, board member, or agent of the school system who is engaged in the selection, award or administration of a contract supported by a federal grant or award and who has a potential conflict of interest must disclose that conflict in writing to the Superintendent, who, in turn, shall disclose in writing any such potential conflict of interest to NHDOE or other applicable pass-through-entity.
A conflict of interest would arise when the covered individual, any member of his/her immediate family, his/her partner, or an organization which employs or is about to employ any of those parties has a financial or other interest in or received a tangible personal benefit from a firm considered for a contract. A covered individual who is required to disclose a conflict shall not participate in the selection, award, or administration of a contract supported by a federal grant or award.
Covered individuals will not solicit or accept any gratuities, favors, or items from a contractor or a party to a subcontractor for a federal grant or award. Violations of this rule are subject to disciplinary action.
The Superintendent shall timely disclose in writing to NHDOE or other applicable pass-through-entity, all violations of federal criminal law involving fraud, bribery, or gratuities potentially affecting any federal award. The Superintendent shall fully address any such violations promptly and notify the Board with such information as is appropriate under the circumstances (e.g., taking into account applicable disciplinary processes).
DAF-6 INVENTORY MANAGEMENT - EQUIPMENT AND SUPPLIES PURCHASED WITH FEDERAL FUNDS
Equipment and supplies acquired (“property” as used in this policy DAF-6) with federal funds will be used, managed, and disposed of in accordance with applicable state and federal requirements. Property records and inventory systems shall be sufficiently maintained to account for and track equipment that has been acquired with federal funds. In furtherance thereof, the following minimum standards and controls shall apply to any equipment or pilferable items acquired in whole or in part under a Federal award until such property is disposed in accordance with applicable laws, regulations and Board policies:
- “Equipment” and “Pilferable Items” Defined: For purposes of this policy, “equipment” means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of $5,000, or the capitalization level established by the District for financial statement purposes. “Pilferable items” are those items, regardless of cost, which may be easily lost or stolen, such as cell phones, tablets, graphing calculators, software, projectors, cameras and other video equipment, computer equipment and televisions.
- Records: The Superintendent shall maintain records that include a description of the property; a serial number or other identification number; the source of the funding for the property (including the federal award identification number (FAIN)); who holds title; the acquisition date; the cost of the property; the percentage of the federal participation in the project costs for the federal award under which the property was acquired; the location, use, and condition of the property; and any ultimate disposition data, including the date of disposition and sale price of the property.
- Inventory: No less than once every two years, the Superintendent shall cause a physical inventory of all equipment and pilferable items to be taken and the results reconciled with the property records. Except as otherwise provided in this policy DAF-6, inventories shall be conducted consistent with Board Policy DID.
- Control, Maintenance and Disposition: The Superintendent shall develop administrative procedures relative to property procured in whole or in part with Federal funds to:
- prevent loss, damage, or theft of the property; any loss, damage, or theft must be investigated;
- to maintain the property and keep it in good condition; and
- to ensure the highest possible return through proper sales procedures, in those instances where the District is authorized to sell the property.
DAF-7 TRAVEL REIMBURSEMENT – FEDERAL FUNDS
The Board shall reimburse administrative, professional and support employees, and school officials, for travel costs incurred in the course of performing services related to official business as a federal grant recipient.
For purposes of this policy, “travel costs” shall mean the expenses for transportation, lodging, subsistence, and related items incurred by employees and school officials who are in travel status on official business as a federal grant recipient.
School officials and district employees shall comply with applicable Board policies and administrative regulations established for reimbursement of travel and other expenses.
The validity of payments for travel costs for all district employees and school officials shall be determined by the Superintendent.
Travel costs shall be reimbursed on a mileage basis for travel using an employee’s personal vehicle and on an actual cost basis for meals, lodging and other allowable expenses, consistent with those normally allowed in like circumstances in the district’s non-federally funded activities, and in accordance with the district’s travel reimbursement policies and administrative regulations.
Mileage reimbursements shall be at the rate approved by the Board or Board policy for other district travel reimbursements. Actual costs for meals, lodging and other allowable expenses shall be reimbursed only to the extent they are reasonable and do not exceed the per diem limits established by Board policy, or, in the absence of such policy, the federal General Services Administration for federal employees for locale where incurred.
All travel costs must be presented with an itemized, verified statement prior to reimbursement.
In addition, for any costs that are charged directly to the federal award, the Superintendent shall maintain sufficient records to justify that:
- Participation of the individual is necessary to the federal award.
- The costs are reasonable and consistent with Board policy.
DAF-8 ACCOUNTABILITY AND CERTIFICATIONS
All fiscal transactions must be approved by the Superintendent who can attest that the expenditure is allowable and approved under the federal program. The Superintendent submits all required certifications.
DAF-9 TIME-EFFORT REPORTING / OVERSIGHT
The Superintendent will establish sufficient oversight of the operations of federally supported activities to assure compliance with applicable federal requirements and to ensure that program objectives established by the awarding agency are being achieved. The District will submit all reports as required by federal or state authorities.
As a recipient of Federal funds, the District shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Section 200.430 of the Code of Federal Regulations requires certification of effort to document salary expenses charged directly or indirectly against Federally-sponsored projects. This process is intended to verify the compensation for employment services, including salaries and wages, is allocable and properly expended, and that any variances from the budget are reconciled.
- Compensation: Compensation for employment services includes all remuneration, paid currently or accrued, for services of employees rendered during the period of performance under the Federal award, including but not necessarily limited to wages and salaries. Compensation for personal services may also include fringe benefits, which are addressed in 2 CFR 200.431 Compensation – fringe benefits. Costs of compensation are allowable to the extent that they satisfy the specific requirements of these regulations, and that the total compensation for individual employees:
- is reasonable for the services rendered, conforms to the District’s established written policy, and is consistently applied to both Federal and non-Federal activities; and
- follows an appointment made in accordance with the District’s written policies and meets the requirements of Federal statute, where applicable.
- Time and Effort Reports: Time and effort reports shall:
- be supported by a system of internal controls which provide reasonable assurance that the charges are accurate, allowable, and properly allocated;
- be incorporated into the official records of the District;
- reasonably reflect the total activity for which the employee is compensated by the District, not exceeding 100% of the compensated activities;
- encompass both Federally assisted and other activities compensated by the District on an integrated basis;
- comply with the District’s established accounting policies and practices;
- support the distribution of the employee’s salary or wages among specific activities or cost objectives if the employee works on more than one (1) Federal award, a Federal award and non-Federal award, an indirect cost activity and a direct cost activity, two (2) or more indirect activities which are allocated using different allocation bases, or an unallowable activity and a direct or indirect cost activity.
The District will also follow any time and effort requirements imposed by NHDOE or other pass-through entity as appropriate to the extent that they are more restrictive than the Federal requirements. The Superintendent is responsible for the collection and retention of employee time and effort reports. Individually reported data will be made available only to authorized auditors or as required by law.
DAF-10 GRANT BUDGET RECONCILIATION AND GRANT CLOSEOUT
- Budget Reconciliation: Budget estimates are not used as support for charges to Federal awards. However, the District may use budget estimates for interim accounting purposes. The system used by the District to establish budget estimates produces reasonable approximations of the activity actually performed. Any significant changes in the corresponding work activity are identified by the District and entered into the District’s records in a timely manner.
The District’s internal controls include a process to review after-the-fact interim charges made to a Federal award based on budget estimates and ensure that all necessary adjustments are made so that the final amount charged to the Federal award is accurate, allowable, and properly allocated.
- Grant Closeout Requirements: At the end of the period of performance or when the Federal awarding agency determines the District has completed all applicable administrative actions and all required work under the grant, the agency will close out the Federal award. If the award passed-through the State, the District will have 90 days from the end of the period of performance to submit to the State all financial, performance, and other reports as required by the terms and conditions of the award.
Failure to submit all required reports within the required timeframe will necessarily result in the Federal awarding agency reporting the District’s material failure to comply with the terms of the grant to the Office of Management and Budget (OMB), and may pursue other enforcement actions.
The District must maintain all financial records and other documents pertinent to the grant for a period of three years from the date of submission of the final expenditure report, barring other circumstances detailed in 2 CFR 200.344.
DAF-11 SUBRECIPIENT MONITORING AND MANAGEMENT
When entering agreements involving the expenditure or disbursements of federal grant funds, the District shall determine whether the recipient of such federal funds is a “contractor” or “subrecipient”, as those terms are defined in 2 CFR §200.23 and §200.93, respectively. See also guidance at 2 CFR §200.330 “Subrecipient and contractor determinations”. Generally, “subrecipients” are instrumental in implementing the applicable work program whereas a “contractor” provides goods and services for the District’s own use. Contractors will be subject to the District’s procurement and purchasing policies (e.g.,
DAF-3 relative to federal grant funds
, DJE relative to bidding requirements for non-federal money projects, etc.). Subrecipients are subject to this Policy.
Under the UGG, the District is considered a "pass-through entity" in relation to its subrecipients, and as such requires that subrecipients comply with applicable terms and conditions (flow-down provisions). All subrecipients of Federal or State funds received through the District are subject to the same Federal and State statutes, regulations, and award terms and conditions as the District.
- Sub-award Contents and Communication.
In the execution of every sub-award, the District will communicate the following information to the subrecipient and include the same information in the sub-award agreement.
- Every sub-award will be clearly identified and include the following Federal award identification:
- Subrecipient name
- Subrecipient’s unique ID number (DUNS)
- Federal Award ID Number (FAIN)
- Federal award date
- Period of performance start and end date
- Amount of federal funds obligated
- Amount of federal funds obligated to the subrecipient
- Total amount of the Federal award
- Total approved cost sharing or match required where applicable
- Project description responsive to FFATA
- Name of Federal awarding agency, pass through entity and contact information
- CFDA number and name
- Identification of the award is R&D
- Indirect cost rate for the Federal award
- Requirements imposed by the District including statutes, regulations, and the terms and conditions of the Federal award.
- Any additional requirements the District deems necessary for financial or performance reporting of subrecipients as necessary.
- An approved indirect cost rate negotiated between subrecipient and the Federal government or between the pass-through entity and subrecipient.
- Requirements that the District and its auditors have access to the subrecipient records and financial statements..
- Terms and conditions for closeout of the sub-award.
- Subrecipient Monitoring Procedures.
The Superintendent is responsible for having all the District project managers monitor subrecipients. The District will monitor the activities of the subrecipient to ensure the sub-award is used for authorized purposes. The frequency of monitoring review will be specified in the sub-award and conducted concurrently with all invoice submission.
Subrecipient monitoring procedures include:
- At the time of proposal, assess the potential of the subrecipient for programmatic, financial, and administrative suitability.
- Evaluate each subrecipient’s risk of noncompliance prior to executing a sub-award. In doing so, the District will assess the subrecipient’s:
- Prior experience with the same or similar sub-awards.
- Results of previous audits and single audit (if applicable).
- New personnel or new or substantially changed systems.
- The extent and results of Federal awarding agency monitoring.
- Confirm the statement of work and review any non-standard terms and conditions of the sub-award during the negotiation process.
- Monitor financial and programmatic progress and ability of the subrecipient to meet objectives of the sub-award. To facilitate this review, subrecipients are required to submit sufficient invoice detail and a progress report. The District project managers will encourage subrecipients to submit regular invoices.
- Invoices and progress reports will be date stamped upon receipt if received in hard copy. A record of the date of receipt will be maintained for those invoices sent electronically.
- In conducting regular oversight and monitoring, the District project managers will:
- Verify invoices that include progress reports.
- Review progress reports to ensure the project is progressing appropriately and on schedule.
- Compare invoice to agreement budget to ensure eligibility of costs and that costs do not exceed budget.
- Review invoice to ensure supporting documentation is included and invoices costs are within the scope of work for the projects being invoiced.
- Obtain report, certification and supporting documentation of local (non-federal)/in-kind match work from the subrecipient.
- Review subrecipient match tasks for eligibility.
- Initial the progress report and invoice confirming review and approval prior to payment.
- Raise any concerns to the Superintendent.
- The Superintendent, upon recommendation from the project’s manager, will approve the invoice payment and will initial invoices confirming review and approval prior to payment.
- Payments will be withheld from subrecipients for the following reasons:
- Insufficient detail to support the costs billed;
- Unallowable costs;
- Ineligible costs; and/or
- Incomplete work or work not completed in accordance with required specifications.
- Verify every subrecipient is audited in accordance with 2 CFR §200 Subpart F – Audit Requirements.
- Subrecipient Project Files. Subrecipient project files will contain, at a minimum, the following:
- Project proposal;
- Project scope;
- Progress reports;
- Interim and final products; and
- Copies of other applicable project documents as required, such as copies of contracts or MOUs.
- Audit Requirements.
All subrecipients are required to annually submit their audit and Single Audit report to the District for review to ensure the subrecipient has complied with good accounting practices and federal regulations. If a deficiency is identified, the District will:
- Issue a management decision on audit findings pertaining to the Federal award.
- Consider whether the results of audits or reviews indicate conditions that necessitate adjustments to pass through entity’s own records.
- Methodology for Resolving Findings.
The District will work with subrecipients to resolve any findings and deficiencies. To do so, the District may follow up on deficiencies identified through on-site reviews, provision of basic technical assistance, and other means of assistance as appropriate.
The District will only consider taking enforcement action against non-compliant subrecipients in accordance with 2 CFR 200.339 when noncompliance cannot be remedied. Enforcement may include taking any of the following actions as appropriate:
- Temporarily withhold cash payments pending correction of the deficiency;
- Disallow all or part of the cost of the activity or action not in compliance;
- Wholly or partly suspend or terminate the sub-award;
- Initiate suspension or debarment proceedings;
- Withhold further Federal awards for the project or program; and/or
- Take other remedies that may be legally available.
Related Policies: DI, DID, DJ, DJC, DJE, DJF & DK See also: ADB, EFAA, EHB, JICI & JRA
Legal References:
42 USC 1751 – 66 National School Lunch Act
2 CFR Part 180
2 CFR Part 200
200.0 - 200.99; 200.305; 200.313(d); 200.317-.326; 200.403-.406; 200.413(a)-(c); 200.430; 200.431; 200.458; 200.474(b)
200 Appendix II
7 CFR Part 210
210.16; 210.19; 210.21; 215.14a; 220.16
First Read: April 19, 2022
Second Read: May 3, 2022
Adopted: May 3, 2022
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[post_content] => One of the primary responsibilities of the School Board is to secure adequate funds to carry out a high-level program of instruction.
The adopted annual school budget is the financial outline of the District's educational program; it is the legal basis for the establishment of tax rates. The annual school budget process is an important function of District operations and should serve as a means to improve communications within the school organization and with the residents of the community.
The Superintendent will be responsible for preparing, and presenting to the Board for adoption, the annual school budget. The Board expects the Superintendent to work closely with the principals and other administrators to assess the needs of the schools. The principals will confer with appropriate staff in obtaining budgetary requests and information on requirements.
Legal References:
RSA 32:4, Preparation of Budgets: Estimate of Expenditures and Revenues
RSA 32:5, Budget Preparation
RSA 197:5-a, School meetings and Officers: Budget
Category: R
1st Read: September 18, 2012
2nd Read: November 13, 2012
Adopted: November 13, 2012
[post_title] => DB - Annual Budget
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[post_content] => The Superintendent will establish procedures for the involvement of staff in the development of the budget proposal.
The School Board will adopt guidelines and a schedule each year for the timely submission of the budget to the Board.
Legal References
RSA 195:12, Cooperative School District: Budget
RSA 197:5-a, School Meetings & Officers: Budget
RSA 32:4, Preparation of Budgets: Estimate of Expenditures and Revenues
RSA 32:5, Budget Preparation
RSA 40:13, Use of Official Ballot
NH Code of Administrative Rules- Section Ed 302:02 (a), Substantive Duties
of the Superintendent.
Category: R
1st Read: September 18, 2012
2nd Read: November 13, 2012
Adopted: November 13, 2012
Reviewed: January 5, 2023
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[post_content] => In the event it becomes necessary to expend an amount greater than what was appropriated for a specific purpose, the Board is authorized to transfer funds from an unexpended balance of one appropriation to a different appropriation that is in deficit. All transfers of appropriations will be made consistent with the provisions of RSA 32:10.
The Board authorizes the Superintendent to transfer funds between line items up to $10,000. Any such transfers shall be reported to the School Board at the Board’s next regularly scheduled meeting. The Board will be advised in advance of any transfer in excess of $10,000. Any transfer of funds shall be done to achieve purposes that align with the expenditure of public funds.
In no circumstance shall the total amount spent exceed the total amount appropriated at the School District Annual Meeting.
The Superintendent is authorized to develop administrative rules or regulations to accompany this policy.
It is the intent of the Board to limit its spending to the amount specified for each line item. However, transfer of funds between line items will be permitted if deemed desirable, except that excess funds may not be transferred from the Unemployment Compensation line item (see RSA 282-A:71, III).
Legal References:
RSA 32:10, Transfer of Appropriations
RSA 282-A:71, III, Unemployment Compensation
Category: O
1
st Read: August 18, 2015
2
nd Read: September 1, 2015
Adopted: September 1, 2015
[post_title] => DBJ - Transfer of Appropriations
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[post_content] => The Contoocook Valley School District from time to time, on a tax-exempt basis, issues (i) bonds and bond anticipation notes to finance capital projects and (ii) municipal leases to finance the lease-purchase of certain equipment, all pursuant to the provisions of New Hampshire RSA Chapter 33, as amended.
All bonds, bond anticipation notes, and applicable leases issued by the District will be in compliance with the federal income tax laws included in the Internal Revenue Code of 1986, as amended (the “Code), which require that issuers of tax-exempt debt comply with certain post-issuance requirements set forth in the procedures as outlined by the Internal Revenue Service.
Legal References:
RSA 33-A
Internal Revenue Code (IRC), enacted by Congress in Title 26 of the United States
Code (26 U.S.C.).
Category: R
1st Read: May 15, 2012
2nd Read: June 5, 2012
Adopted: June 5, 2012
[post_title] => DC - Post-Issuance Tax Compliance and Procedures For Tax-Exempt Obligations
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[post_date_gmt] => 2015-09-14 17:01:10
[post_content] => The expenses of the Contoocook Valley School District payable in each fiscal year shall be apportioned as indicated in the Articles of Agreement.
Category: O
1st Read: September 17, 2013
2nd Read: April 15, 2014
Adopted: April 15, 2014
[post_title] => DEA - Revenues From Local Tax Sources
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => dea-revenues-from-local-tax-sources
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[ID] => 278
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[post_date] => 2015-09-14 17:09:50
[post_date_gmt] => 2015-09-14 17:09:50
[post_content] => The School Board authorizes the School District Treasurer working in conjunction with
the Superintendent and his/her designee and pursuant to RSA 197:23-a to invest the funds of the
District subject to the following objectives and standards or care.
Objectives
The three objectives of investment activities shall be safety, liquidity, and yield.
1. Safety of principal is the foremost objective in this policy. Investments shall be undertaken in
a manner that seeks to ensure the preservation of capital by
mitigating credit and interest rate risk. This will be accomplished by limiting the type of the
investments and institutions to those stipulated by statute and fully covered by FDIC insurance or
collateral approved pursuant to applicable law.
2. Liquidity of the investment portfolio shall remain sufficient to meet all operating requirements
that may be reasonably anticipated.
3. The investment portfolio shall be designed with the objective of attaining a market rate of
return throughout budgetary and economic cycles, taking into account the investment risk
constraints and liquidity needs. Return on investment is of
secondary importance compared to the safety and liquidity objectives described above. Investment
Instruments
Funds shall be invested in accord with the standards set forth in RSA 197:23-a. Investment
maturities for operating funds shall be scheduled to coincide with projected cash flow needs,
taking into account large routine expenditures (payroll and accounts payable) as well as
anticipated revenues.
Competitive Selection of Investment Instruments
Before investing any excess funds in investment instruments, with the exception of United States
Treasury securities maturing in less than one year, a competitive bid process shall be conducted by
the District Treasurer, the Superintendent, or his/her designee.
Bids shall be requested from qualified financial institutions for various options with regard to
terms and instrument. The District Treasurer, Superintendent, his/her designee shall accept the
bid(s) that provide(s) the highest rate of return, within the maturity required, and within the
parameters of this policy, taking into consideration all
associated costs, requirements, and capabilities.
Standards of Care
1. Prudence: The standard of prudence to be used by the District Treasurer
and Superintendent or his/her designee involved in the investment process shall be the “prudent
person” standard and shall be applied in the context of managing an overall
portfolio. They are directed to use the GFOA (Government Financial Officers Association).
Recommended
2. Practices and Policy Statements Related to Cash Management as a guide to the prudent investment
of public funds.
Ethics and Conflicts of Interest: The School District Treasurer and Superintendent or his/her
designee involved in the investment process shall refrain from personal
business activity that could conflict with the proper execution and management of the investment
program or that could impair their ability to make impartial decisions.
Employees and Investment officials shall disclose any material interests in financial institutions
with which they conduct business. They shall further disclose any personal financial institutions
with which they conduct business.
They shall further disclose any personal financial/investment positions that could be related to
the performance of the investment portfolio. Employees and officials shall subordinate their
personal investment transactions to those of the School District, particularly with regard to the
timing of purchases and sales.
3. Internal Controls: The District Treasurer and Superintendent or his/her designee shall establish
a system of internal controls that shall be documented in writing. The internal controls shall be
reviewed by the School Board and an independent auditor.
The investment of funds will be left to the discretion of the Superintendent or his/her designee
without prior approval of the Board.
Legal Reference:
Per the District’s Financial Advisors/Auditors, this policy must be readopted annually. RSA
197:23-a, IV
Category: P
1st Read: June 18, 2019
2nd Read: July 23, 2019
Adoption: July 23, 2019
Reviewed: March 1, 2022
[post_title] => DFA - Investment
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
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[post_name] => dfa-investment
[to_ping] =>
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[post_modified] => 2022-03-11 11:14:21
[post_modified_gmt] => 2022-03-11 16:14:21
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[ID] => 1083
[post_author] => 10
[post_date] => 2016-01-27 10:17:29
[post_date_gmt] => 2016-01-27 15:17:29
[post_content] => Senior citizens of the District – persons 65 years of age or older – are permitted to attend all activities of the schools, including athletic events, free of charge. Normal ticketing and seating capacity procedures apply.
This policy represents a small token of appreciation from the School Board for all that the District’s senior citizens have done for the schools over the years.
Category: O
1st Read: January 5, 2016
2nd Read: January 19, 2016
Adopted: January 19, 2016
[post_title] => DFEA - Free Admissions
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => dfea-free-admissions
[to_ping] =>
[pinged] =>
[post_modified] => 2016-01-27 10:20:32
[post_modified_gmt] => 2016-01-27 15:20:32
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[ID] => 6269
[post_author] => 9
[post_date] => 2022-09-29 10:10:54
[post_date_gmt] => 2022-09-29 14:10:54
[post_content] =>
A. Purpose and General Policy Statement.
The purpose of this policy is to establish and regulate parameters for use of crowdfunding or other forms of online fundraising and solicitations for classroom, school or district programs.
The School Board recognizes that crowdfunding campaigns and other forms of online fundraising have become an increasingly popular method by which teachers and school sponsored activities or organizations can procure funding for specific projects and/or programs. The revenue-raising potential that crowdfunding campaigns may provide may be a benefit for District programs and classrooms. The Board further recognizes, however, that unregulated employee use of crowdfunding campaigns on behalf of the District is not in the best interests of the District, donors or its employees.
For purposes of this policy, “crowdfunding” is the practice of using online sites to solicit donations, whether monetary or in-kind, on behalf of the School District. A crowdfunding campaign is considered “to be on behalf of the School District” if it uses imagery, logos or language that would lead a reasonable person to believe that (1) the School District or any school within the District, or program/activity of a school within the District, is associated with the campaign or (2) the campaign has the purpose or effect of providing resources or a benefit to the District. There shall be a presumption that any crowdfunding effort by an employee or designated volunteer to support existing or planned programs of the District must comply with this policy.
B. Unapproved Crowdfunding Prohibited.
Crowdfunding on behalf of the District is prohibited unless undertaken by an employee or designated volunteer with prior written approval under this policy. No public action towards initiating a crowdfunding campaign on behalf of the District may be taken until the campaign is approved in writing pursuant to this policy.
No employee, volunteer, student, or any other individual will be compelled to initiate or participate in a crowdfunding campaign on behalf of the District. Students are permitted to participate in publicizing an employee’s or designated volunteer’s approved crowdfunding campaign but are prohibited from otherwise engaging in crowdfunding on behalf of the District. Employees, designated volunteers or students who participate in crowdfunding on behalf of the District are acting in their capacity as employees, designated volunteers or students and are subject to all rules governing employee, volunteer and student conduct.
Except in furtherance of an approved campaign, employees and designated volunteers are prohibited from doing any of the following as part of a crowdfunding campaign: identifying as an employee/designated volunteer of or stating an association with the District; using a District email address, school name, logo, or mascot; or linking to or referencing any school website, social media site, platform, or account associated with the District.
Approved crowdfunding campaigns will operate in compliance with all laws and other Board policies and regulations.
C. Crowdfunding Request and Approval Procedures.
1. Crowdfunding Requests. Any request for approval of a crowdfunding campaign shall be in writing and shall include the following information:
a. the employee/designated volunteer’s name, job title/volunteer position, school, and email address;
b. the approved crowdfunding website to be used;
c. the nature and quantity or amount of donations being requested;
d. the classroom, program, or activity to be benefitted and the educational purpose to be served;
e. the exact language that will be used in the crowdfunding campaign, as well as any graphics that will be included;
f. the start and end dates of the crowdfunding campaign; and
g. a statement of recognition by the requester that any proceeds of the campaign are school property.
The Superintendent may create and make available a form, which may be online, to be used for such requests.
2. Approved Crowdfunding Sites
The Superintendent or designee shall create a list of approved crowdfunding sites. All approved crowdfunding sites must (1) be operated by an entity with no known significant history of fraud, unlawful activity, financial mismanagement, or other misconduct and (2) have a policy requiring all donations on behalf of the District to go directly to the District. The Superintendent/designee shall encourage the use of sites focused on K-12 education.
If no site meets these requirements or the Superintendent or designee does not approve any sites, no crowdfunding requests will be approved.
3. Approval Process. The terms of this section control the approval of proposed online crowdfunding campaigns.
a. Review by the Building Principal. To be eligible for approval under this policy, employees/designated volunteers must submit in writing a fully completed approval request form to the building Principal. The building Principal has authority to approve proposed campaigns seeking a dollar value up the amount of $250. Regardless of the amount sought to be donated, the Building Principal has authority to deny a proposed campaign because the campaign is not in compliance with the requirements of this policy or because, in the judgment of the Building Principal, the proposed campaign would produce inequity in the educational environment.
If a proposed campaign seeks a dollar value in excess of $250, and the building Principal believes that the proposed campaign is in compliance with the requirements of this policy and should be accepted, the building Principal shall refer the proposed campaign to the Superintendent or designee.
b. Review by the Superintendent. The Superintendent or designee shall review referred approval request forms and seek additional information about proposed campaigns as appropriate. The Superintendent or designee has authority to approve proposed campaigns seeking a dollar value up to $499. Regardless of the amount sought to be donated, the Superintendent or designee may deny a referred campaign because the campaign is not in compliance with the requirements of this policy or because, in the judgment of the Superintendent or designee, the proposed campaign would produce inequity in the educational environment.
If a proposed campaign seeks a dollar value in excess of $499 and the Superintendent or designee believes that the proposed campaign is in compliance with the requirements of this policy and should be accepted, the Superintendent or designee shall refer the proposed campaign to the Board.
c. Review by the Board. Subject to the requirements of RSA 198:20-b, only the Board has the authority to approve a campaign that seeks a dollar value in excess of $499. After considering the Superintendent or designee’s recommendation, the Board will decide whether to approve or deny the proposed campaign.
4. Criteria of Approval of Crowdfunding Requests. Crowdfunding requests will not be approved unless the proposed campaign:
a. meets all requirements of applicable Board policies and administrative regulations, and is consistent with the requirements of Title IX, FERPA, the IDEA, and any other applicable state of federal laws or regulations;
b. uses a crowdfunding site that has been approved by the Superintendent pursuant to Section C.2, above;
c. is consistent with the District’s approved curriculum, mission, vision and goals;
d. does not create significant disparities or inequities among similarly situated students;
e. does not solicit funds for items or projects that have a religious or political purpose;
f. seeks donations that are compatible with the District’s Data and Privacy Governance Plan, as confirmed by the District’s Director of Technology or designee.
g. has a specific, pre-determined beginning and ending date;
h. does not disparage the District or any of its buildings, programs, representatives, employees, or students;
i. does not include pictures or the identifying or confidential information of any District student, unless specifically approved by the student’s parent or guardian in writing and attached to the approval request form;
j. furthers the educational mission of the school and is not used for the unrelated personal gain of any individual;
k. does not result in donations being delivered directly to the requester;
l. is not contingent on the District matching funds or making any expenditure;
m. does not request food or beverage items inconsistent with the District Wellness Policy
n. does not suggest or state that the donation sought is required for or integral to a student’s special education program, a student’s ability to achieve his or her IEP goals, or the participation of students with disabilities in any school program.
Any crowdfunding campaign that does not fully comply with the requirements of this policy is prohibited. It is the responsibility of the employee/designated volunteer implementing an approved crowdfunding campaign to ensure that all applicable policies, regulations, and laws, including the requirements of the crowdfunding site, are followed.
The Board reserves the right to terminate any approved crowdfunding campaign or refuse any donation for any reason and at any time. The approval of a crowdfunding request shall not be deemed an assurance that the subsequent funds shall be accepted by the District.
D. Receipt and Allocation of Donations
All monetary donations will be made payable to and deposited into an account designated by the SAU business office. All in-kind donations must be inventoried in accordance with Board policy and District procedures.
Prior to an expenditure of funds, the Board shall follow any required statutory process under RSA 198:20-b and board policy for the acceptance of gifts and the expenditure of unanticipated revenue.
All donations, regardless of their form, obtained through crowdfunding on behalf of the District are school property. As a general matter, the employee who completed an approved crowdfunding campaign should be given preference in the use of the donations obtained. Employees shall only use donations from a crowdfunding campaign for the approved purpose stated in the campaign. The Board reserves the right to transfer donations to a different use at the Board’s sole discretion.
E. Record Keeping
After donations obtained through an approved crowdfunding campaign have been utilized, the employee must file a written report with the Superintendent or Building Principal detailing how the donations were used and how students benefited. Such records will be forwarded to the District’s business office.
Legal References:
RSA 198:20-b – Appropriation for Unanticipated Funds Made Available During Year
Category: Recommended
Related Policies: EHAB, GBEBC, JJE, JLCF, JRA & KCD
1st Read: September 6, 2022
2nd Read: September 20, 2022
Adopted: September 20, 2022
[post_title] => DFGA - Crowd Funding
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[post_date] => 2015-09-14 17:19:03
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[post_content] => All income payable to the District and all revenue received will be deposited with the Treasurer, who will credit it to the appropriate account.
The School Board will determine when other depositories are needed and will name them by resolution.
Depositories will be selected only after careful review of fiscal practices and ability to meet the safety and service criteria of the District.
GATE RECEIPTS, FEES AND ADMISSIONS:
Admission receipts and fees from school events shall be controlled and reported in accordance with applicable laws and regulations. The principal (or designee) is responsible for the administration and supervision of all phases of school events for which an admission or fee is charged.
Adequate records shall be maintained by the principal to provide chronological and accounting data for subsequent review and analysis.
The Board requires the timely deposit of all receipts, categorized by activity, to an account within the general fund.
Money received for interscholastic and co-curricular events may be used to reimburse or purchase goods and/or services not covered under the regular budget, at the discretion of the building principal (or designee), and the approval of the Business Administrator.
EQUIPMENT AND SUPPLIES SALES:
No equipment or supplies shall be disposed of until permission has been received from the Business Administrator. He/She shall determine whether the material involved has salable value, and if such shall be the case, he/she shall arrange for the sale of the material. If material does not have salable value, the proper disposal of the equipment and/or supplies shall be determined by the Business Administrator.
STUDENT ACTIVITIES FUND MANAGEMENT:
The principal of the school shall be responsible for the proper administration of the financial activities of the student activities fund in accordance with state law and appropriate accounting practices and procedures. All monies collected shall be deposited to the student activities account at the local banks. All payments made from the student activities account shall have approval of the principal or his/her designee. Monies raised by student organizations or class activities must be expended for the benefit of students.
Student activity accounts are subject to auditing at any time by Business Administrator or his/her designee.
Category: O
1st Read: November 13, 2012
2nd Read: December 18, 2013
Adopted: December 18, 2013
[post_title] => DG - Depository of Funds
[post_excerpt] =>
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[comment_status] => closed
[ping_status] => closed
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[post_name] => dg-depository-of-funds
[to_ping] =>
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[post_modified] => 2015-09-14 17:19:03
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[ID] => 299
[post_author] => 8
[post_date] => 2015-09-14 18:00:20
[post_date_gmt] => 2015-09-14 18:00:20
[post_content] => The Superintendent is directed to create internal controls to ensure that contracts, checks and other official documents are accurate, authorized and signed by the appropriate persons and that necessary actions are taken to prevent mistakes, fraud, embezzlement and District liability, and to comply with applicable state or federal laws and regulations.
In general, the Superintendent or their designee may sign documents on behalf of the District or the Board. When a signature of one Board member is required, the Chair, or in his/her absence, the Vice Chair, is authorized to sign on behalf of the Board. Other District personnel and District officials (e.g., Treasurer, school nurses, etc.) are authorized to sign documents or instruments on behalf of the District or School Board as required by any statute, regulation, or Board policy or as directed by the Superintendent.
Execution of a document on behalf of the District or the Board is indication by the person so signing that the document is accurate, has been adequately approved by the Board or other District personnel as appropriate and necessary, and is in the best interest of the District.
Electronic signatures may be used if in accordance with Board Policy.
Legal References: RSA 197:23-a, Treasurer’s Duties RSA 294-E, Uniform Electronic Transfers Act
Category: R
1st Read: September 1, 2015
2nd Read: October 6, 2015
Adopted: October 6, 2015
1st Read: January 4, 2022
2nd Read: January 18, 2022
Adopted: January 18, 2022
[post_title] => DGA - Authorized Signatures
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
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[post_name] => dga-authorized-signatures
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[post_modified] => 2022-01-28 11:04:20
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[post_date] => 2015-09-14 17:21:51
[post_date_gmt] => 2015-09-14 17:21:51
[post_content] => State law requires that the Treasurer and Assistant Treasurer be bonded. The District will arrange a Public Officials Bond to cover the Treasurer and each Assistant Treasurer, if any, in the amount of $100,000. It is the practice that any employee who administers student activity money shall be bonded.
Any employee who administers funds for the District will be bonded appropriately. The District will arrange a Blanket Position Bond, including a Faithful Performance endorsement, in the amount of $100,000 on all employees who administer funds for the District.
Legal Reference:
RSA 197:22, Treasurer's Bond
Category: R
1st Read: October 16, 2012
2nd Read: May 7, 2013
Adoption: May 7, 2013
[post_title] => DH - Bonded Employees
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[comment_status] => closed
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[post_name] => dh-bonded-employees
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[post_date] => 2018-12-11 11:56:35
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[post_content] => The District’s accounting system will be in conformance with the New Hampshire Financial Accounting Handbook published by the State Department of Education. An adequate system of encumbrance accounting will be maintained.
The following purposes must be satisfied by the accounting system:
- Administrative Control: The financial records must be adequate to guide the making or deferring of purchases, the expanding or curtailing of programs, and the controlling of expenses. Current data should be immediately available and, in such form, that periodic summaries may be readily made from the data.
- Budget Preparation: The financial records must be adequate to serve as a guide to budget estimates of subsequent years, and to hold expenditures to the amounts appropriated. Accounts are to be kept for each item for which separate budget estimates must be made. An adequate code of expenditure accounts will be used.
- Accounting for Stewardship: The financial records of the district must be adequate to show that those in charge have handled funds within the framework of law and in accordance with Board policy.
The district’s financial records will provide the following information:
- For each account in the district’s budget: the appropriation, appropriation transfers, expenditures, encumbrances, and unencumbered balance.
- For each purchase order: the name of vendor, description of the item involved, the amounts, the call for bids if required, and an abstract of the bids received. Purchase order sets will be pre-numbered, and each set accounted.
- For each purchase: the purchase order information above, plus the record of the receipt and condition of goods, the invoice and the record of payment.
- For each income account: the budget estimate, the estimates as revised periodically, the receipts to date, and the balance anticipated.
- Offsetting revenues received will be credited to the appropriate revenue account as defined by the State Department of Education. Refunds received will offset an expense account. Refunds received on expenses from the prior year will be credited to the Refund from Prior Year revenue account.
The School Board shall receive financial reports and statements showing the financial condition of the School District. These statements/reports shall be prepared a minimum of four times during the school year, two of which shall contain estimates to project cost for the full year. The School Board may ask for a statement or report at any time.
First Read: January 5, 2021
Second Read: January 19, 2021
Adoption: January 19, 2021
[post_title] => DI -- Fiscal Accounting and Reporting
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Purpose
The purpose of this policy is to establish guidelines for the District’s fund balances in order to maintain and improve financial stability and to protect the District from unforeseen budgetary situations such as emergencies, natural disasters, major infrastructure failures, or unexpected litigation.
Definitions
Within governmental funds, net equity is reported as fund balance, which is the difference between fund assets and liabilities. It is computed by taking the prior year’s ending fund balance and adding to that the current year’s financial position (revenues less expenditures).
In accordance with GASB Statement No. 54, the school board recognizes the following categories of fund balance:
- Restricted Fund Balance – Amounts for which constraints have been placed on the use of the resources externally imposed by creditor, grantors, contributors, or laws/regulations of other governments. Any year-end balances in grant or food service funds are restricted fund balances.
- Committed Fund Balance – Amounts that can be used only for specific purposes pursuant to constraints imposed by formal action of the legislative body (School District Meeting).
The School Board, as the governing body, may commit fund balance by a formal vote prior to the government’s fiscal year-end for that fiscal year. Future modification or rescission of committed funds must likewise be accomplished by a formal vote of the school board prior to fiscal year-end. These amounts cannot be used for any other purpose unless the legislative body or governing body removes or changes the specified use by taking the same type of action that was employed when the funds were initially committed. The district has committed fund balances which represent voted and accumulating capital reserves and trust funds.
- Assigned Fund Balance – Amounts that are constrained by the School District’s intent to be used for a specific purpose but are neither restricted nor committed. This intent can be expressed by the School Board or through the Board delegating this responsibility to the Superintendent or their designee. Prior year encumbrances are considered assigned fund balances which reflect goods and services ordered or contracted for which will be received or rendered in the subsequent year. Assigned Fund Balance also includes various rebates received and designated for specific use.
- Unassigned Fund Balance – the portion of fund balance that has not been restricted, committed, or assigned for a specific purpose. Unassigned fund balance may be designated for a specific purpose via a warrant article that was voted upon, such as funding capital reserves or trust funds using year-end unassigned fund balance during the next fiscal year.
It is healthy for an entity to end the year with fund balance and is not indicative of “over budgeting”. Auditors recommend that school districts aim to end a fiscal year with unreserved fund balance equal to 2-5% of actual expenditures. What is more important than one year’s stand-alone unreserved fund balance is the cyclical nature of the amount in order to avoid rises and falls in tax rates so that taxpayers have rates that are smooth.
Unreserved Fund Balance Retention
RSA 198:4-b, ll allows a school district to retain up to 5% of the current fiscal year’s net assessment. The “Net Assessment” represents the amount to apportion to the communities of the ConVal District minus the Education Grant.
The Contoocook Valley School District voted to accept RSA 198:4-b, II at the March 9, 2021 meeting, as follows:
Warrant Article 12 – Beginning in fiscal year 2022/2023, shall the School District by this vote authorize, indefinitely until rescinded, to retain year-end unassigned general funds in an amount, in any fiscal year, not to exceed 5 percent of the current fiscal year’s net assessment, in accordance with RSA 198:4 b, II. Such fund balance retained may only be expended after conducting a public hearing by the governing body in accordance with RSA 198:4-b. The initial funding of this warrant article will begin with the June 30, 2023 fund balance.
As a result, beginning in Fiscal Year 24, the school board will have the ability to retain unassigned fund balance up to 5% of the June 30, 2023 district net assessment. This is facilitated by then reducing the unassigned fund balance on the report of Estimated Revenue AFTER the school board votes to retain an amount
up to 5% of the district net assessment.
Board Policy Statement
These policy guidelines will provide direction during the budget process and demonstrate a commitment to maintain adequate reserves for financial stability and for long term financial planning:
The District will maintain an unreserved fund balance, in the general fund, of no more than 2.5% of the net district assessment.
The Board may adjust retained levels of fund balance within the parameters of RSA 198:4-b, only by amending this written policy with a vote of the Board at a properly noticed meeting.
It is the intent of the Board to retain the minimum levels of reserves to meet the fiscal needs of the district.
It is the intent of the School Board to use retained fund balance for emergencies as determined by the School Board. It will always reflect a careful balance of the body’s desire to maintain adequate reserves with its desire to maintain essential services.
Prior to expending retained general funds, the school board shall hold a properly noticed public hearing on the action to be taken with such funds.
If the District is required to use these funds, an annual accounting and report of the activities of the retained general funds shall be presented to the school board of the district and published in the annual report.
Category: R
Legal References:
RRSA 32, Municipal budget Law Governmental
RSA 198:4-b Contingency Fund
Accounting Standards Board (GASB) Statement No. 54,
Fund Balance Report and Governmental Fund Type Definitions
1st Read: May 18, 2021
2nd Read: June 1, 2021
Adoption: June 1, 2021
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[post_content] => Per NH Statute 198:20-c, and RSA 35:1-c, any town, school district, county, or village district may establish a reserve fund for the maintenance and operation of a specific public facility or type of facility, a specific item or type of equipment, or for any other distinctly-stated, specific public purpose that is not foreign to its institution or incompatible with the objects of its organization.
Such funds shall be subject to all provisions and limitations of this chapter as are applicable to capital reserve funds. The ConVal School District may at any annual or special meeting appropriate such sums of money as it deems necessary to create expendable trust funds for specific purposes for the maintenance and operation of schools and for any other public purpose that is not foreign to the school district's institution or incompatible with the objects of their organization.
The School Board may be named agents to expend such trust funds. Expenditure from such trust funds shall be made only for the purpose for which the trust fund was established.
To that end, expenditures from the District’s various trust funds may not be used solely to reduce the District assessment as a result of the proposed budget for a given year.
Legal Reference:
NH Statute 198:20-c, Trust Funds Created for Specific Purposes; Expenditures;
Administration
RSA35:1-c, Establishment of Reserves Authorized
Category: O
1st Read: February 3, 2015
2nd Read: March 3, 2015
Adopted: March 3, 2015
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[post_content] =>
CAPITAL (FIXED) ASSETS
The ConVal School District has invested in a broad range of capital assets that are used in the school system’s operations. The Superintendent will designate the person responsible for managing the District’s capital assets and maintaining the fixed assets inventory. In accounting for capital assets, the District will implement the standards required by Statement 34 of the Government Accounting Standards Board.
Capital assets are real or personal property that have a value equal to or greater than the capitalization threshold of the particular classification of asset, and have an estimated useful life of greater than one year.
Capital assets include:
- Land
- Land Improvements (not depreciable)
- Land Improvements (depreciable)
- Infrastructure
- Construction in Progress
- Leasehold Improvements
- Buildings and Building Improvements
- Vehicles
- Furniture, Equipment & Machinery
All assets, or at least a representative sampling must be evaluated once annually to reflect either an increase or decrease in total value.
CAPITALIZATION THRESHOLD
For financial reporting purposes, capitalization thresholds are set at $15,000 per item, or for like-kind (aggregate) purchases, for all classes except Infrastructure assets, which are capitalized and depreciated if over $100,000 per item.
ESTIMATED USEFUL LIFE THRESHOLD
For financial reporting purposes, an asset must have an estimated useful life greater than five years to be considered for capitalization and depreciation.
ACQUISITION OF ASSETS
Capital assets may be acquired through donation, purchase, or may be constructed. The asset value for donations will be the fair market value at the time of the donation. The asset value, when purchased, will be the initial cost plus the trade-in value of any old asset given up, plus all costs related to placing the asset into operation. The asset value of constructed assets will include all costs of construction.
DEPRECIATION OF ASSETS
For all assets that qualify as a depreciable asset, the straight-line, full-year depreciation method should be utilized to depreciate the capital asset, over the estimated useful life of the related asset.
DISPOSITION OF ASSETS
When capital assets are sold or otherwise disposed of, the inventory of capital assets should be relieved of the cost of the asset and the associated accumulated depreciation. Assets will be removed on an annual basis in conjunction with the annual update. The appropriate depreciation will be taken for the year of disposal.
Reference DN & DN-F
Category: R
1st Read: May 3, 2022
2nd Read: May 17, 2022
Adopted: May 17, 2022
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[post_content] => The books and accounts of the District shall be audited yearly. The audit to be performed will meet the single audit procedures prescribed by the Governmental Accounting Standards Board (GASB).
The School Board shall select the audit firm after hearing the recommendation from the Superintendent or Business Administrator. Such audits will be made in accordance with RSA 197:25.
Legal References:
RSA 197:25, Auditors
RSA 671:5, School District Elections: Auditors
Category: R
Adopted: April 2, 1991
Reaffirmed: August 14, 2001
Reviewed: November 13, 2012
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[post_content] => The function of purchasing is to serve the educational program by providing the necessary supplies, equipment, and services.
The acquisition of supplies, equipment, and services will be centralized in the business office, which functions under the supervision of the Superintendent, and through whose office all purchasing transactions are conducted.
While the School Board assigns the Superintendent the responsibility for the quality and quantity of purchases made, the Business Administrator shall be responsible for all phases of purchasing in accordance with school board policy; for requisitions, current order purchasing, writing of specifications for bids, deliveries, storages, and other tasks related to the purchases, acceptance and distribution of supplies.
The prime guidelines governing this responsibility are that all purchases fall within the framework of budgetary limitations and that they be consistent with the approved educational goals and programs of the District.
Category: R
Adopted: April 2, 1991
Amended: September 18, 2012
Reviewed: January 5, 2023
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[post_content] => Petty cash funds may be established for schools, the SAU office, and special programs when they will expedite the purchase of minor items and/or provide immediate payment for minor services.
Expenditures against these funds must be itemized and documented with receipts and will be charged to the applicable budget code. After a budget item is exhausted, no expenditures against the item may be made from petty cash.
Authorization for the disbursement of petty cash funds must be signed by the principal and approved by the Business Administrator.
All petty cash accounts will be subject to the annual audit.
Category: R
1st Board Reading: August 14, 2001
Board Adoption: September 18, 2001
Amended: September 18, 2012
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[post_content] => It shall be the policy of the school district to purchase locally, provided goods of equal quality and at competitive prices are available from local suppliers.
The district purchasing agent should not feel bound to purchase any item locally that can be secured at a saving to the school district from outside sources, nor shall he or she feel bound to purchase locally unless adequate service and delivery can be given by the local supplier.
April 2, 1991
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[post_content] => All contracts for, and purchases of supplies, materials, equipment, and contractual services in the amount of $15,000 or more, shall be based, when feasible, on at least three competitive bids. All purchases less than $15,000 in amount may be made in the open market but shall, when possible and reasonable, be based on at least three competitive quotations or prices. All purchases made in the open market shall be completed after careful pricing.
When bidding procedures are used, bids shall be advertised appropriately. Suppliers shall be invited to have their names placed on mailing lists to receive invitations to bid. When specifications are prepared, they will be mailed to all merchants and firms who have indicated an interest in bidding.
All bids must be submitted in sealed envelopes, addressed to the School Board, and plainly marked with the name of the bid and the time of the bid opening. Bids shall be opened at the time specified and all bidders and other persons shall be invited to be present.
The Board reserves the right to reject any or all bids and to accept that bid which appears to be in the best interest of the District. The Board reserves the right to waive any formalities in, or reject, any or all bids or any part of any bid. Any bid may be withdrawn prior to the scheduled time for the opening of bids. Any bid received after the time and date specified shall not be considered. The Board also reserves the right to negotiate with a bidder when all bids exceed the budgeted appropriation.
The bidder to whom the award is made shall be required to enter into a written contract with the District.
Legal References:
RSA 194-C:4 II (a), Superintendent Services
NH Code of Administrative Rules, Section Ed. 303.01 (b), Substantive Duties of School Boards
Category: R
1st Read: September 17, 2013
2nd Read: June 3, 2014
Adopted: June 3, 2014
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[post_content] => In keeping with the District’s desire for efficient fiscal management, the following procedure for payment of its liabilities is in effect:
Payment by the Treasurer will be authorized on the basis of two (or more) School Board members. In order that Board Members be fully informed, and have the opportunity to ask questions concerning payment, a copy of the detailed check register will be noticed to the Board in advance, upon completion of the preparation of that manifest.
In the event that a Board Member requests that a particular vendor payment be held for additional questions, that Board Member will contact the Business Administrator directly, and that particular check will be held until the matter has been resolved.
All manifests, supported by original invoices, must be certified by the Business Administrator and must be approved by a majority of the School Board, immediately following the certification.
Moneys drawn on the District’s general fund or any special fund other than activity and principal funds will require the signature of the Treasurer. Payments drawn on the activity and principal funds will require the signature of the building principal or their designee. The activity advisor shall not be an authorized signer.
All payments or disbursements involving Federal Grant Funds, shall comply with the provisions of Board policy DAF -Uniform Guidance (2 CFR § 200).
Electronic payments to vendors may be made according to the procedure outlined in policy DGA (Authorized Signatures).
Functions of the Treasurer may be carried out in the Treasurer’s absence by a duly appointed Deputy Treasurer.
The Board strictly prohibits any person from signing a blank check and physical (paper) checks will be pre-numbered.
Legal References:
RSA 197:23-a, Treasurer’s Duties
RSA 294-E, Uniform Electronic Transfers Act
Category: R
1st Read: May 5, 2015
2nd Read: October 6, 2015
Adopted: October 6, 2015
Revised/Re-adopted:
1st Read: April 19, 2022
2nd Read: May 3, 2022
Adopted: May 3, 2022
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[post_content] => All wages earned by employees will be paid through the business office.
Payroll procedures are dependent on accurate accounting of hours worked. The process for this will be established by the Superintendent and carried out by administrative personnel.
Compensation records kept by the business office will reflect an accurate history of the compensation and related benefits paid to each employee.
Pay Day Schedule
The School District pays salaries on a regular schedule throughout the school year. There will be no salary advances.
Salary Deductions
Salary deductions are allowed within the limits of the accounting software and/or procedures equipment. All salary deductions, other than those regulated by federal or state laws, will be deducted only upon written approval of the employee.
Legal Reference:
RSA 194-C:4 (II) (a), Superintendent Services
Category: R
1st Read: September 18, 2012
2nd Read: November 13, 2012
Adopted: November 13, 2012
Reviewed: August 17, 2021
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[post_content] => Monies collected by school employees and by student treasurers shall be handled with prudence. All monies collected shall be receipted, accounted for, and directed without delay to the proper location of deposit.
In no case shall monies be left overnight in schools, except in safes provided for safekeeping of valuable. All vending machines shall be emptied of cash daily. All schools shall provide for making bank deposits after regular banking hours in order to avoid leaving money in school overnight. This policy shall be well publicized to deter burglary attempts.
The School District shall procure and maintain fidelity bonds in reasonable amounts, in order to protect against the loss of money, securities, and checks by actual destruction, disappearance, or wrongful abstraction from within all premises and also while off any premises. Such coverage will include a commercial blanket bond covering employee dishonesty, and may include a comprehensive dishonest, disappearance, and destruction bond, with optional coverages depending on the exposures at various locations.
Category: R
April 2, 1991
Amended: August 14, 2012
Amended: October 16, 2012
[post_title] => DM - Cash In School Buildings
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[post_content] => No equipment or supplies shall be disposed of until permission has been received from
the Superintendent’s office. The Superintendent and or designee will determine whether
the material involved has salable value, and if such shall be the case, authorize the sale
of the material. If the material does not have salable value, the proper disposal of the
books, equipment, and/or supplies shall be determined by the Business Administrator
and disposed of in such a way as to be environmentally safe.
- Single items up to $500 in value may be sold by the Business Administrator.
- Single items, which may exceed $500 in value, are to be sold by sealed bids presented to the Business Administrator.
- Items remaining unsold after advertising shall be declared non-salvageable and shall be disposed of in the most expeditious manner, and whenever possible items will be disposed of in an environmentally safe manner.
School District property in the form of instructional materials, furniture, equipment, and
supplies other than capital holdings such as land, buildings, and major installations may
be disposed of when declared surplus or obsolete on any one of the following criteria:
- The material in question exists in quantities exceeding the possibility of effective use by the District.
- The material is unsound, out-of-date, inaccurate, or in an unusable condition.
- The material is occupying space that could be otherwise be used for educational programs and the material is not in current demand or is not anticipated to be in demand in the foreseeable future.
- If the materials were originally purchased with federal grant money, their disposal
must follow the procedures that were mandated by the federal grant.
School Properties Disposal Procedure
The Board authorizes disposition of obsolete items according to the following priority
actions:
- By selling to the highest bidder or whatever other business arrangement is in the
best interest of the School District.
- When practicable, the District shall donate such items to charitable organizations
and schools.
- By giving such items to local citizens.
- By removal to a town transfer station and/or environmentally safe facility.
Any monies received as a result of disposal shall be accounted for and be placed in the District funds as miscellaneous income for the current fiscal year to defray the costs of current year or to roll into surplus.
Fixed asset or Capital asset inventories, if affected, will be amended to reflect changes in value through disposal.
Sale of real estate will be by the vote of the electorate of the School District at an annual or special School District meeting.
Legal Reference:
CFR 34, Sec. 80.32
Category: R
First Read: October 5, 2021
Second Read: October 19, 2021
Adopted: October 19, 2021
DN-R School Properties Disposal Procedure
DN-F Property Disposition Request Form
CROSS REFERENCE: DJE - Bidding Requirements
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[post_content] => The Superintendent will cause the formation of the Joint Loss Management Committee as required by RSA 281-A:64, III, and a Crisis Management Plan that conforms to the national Incident Command System.
The practice of safety shall also be considered a facet of the instructional plan of the District schools by incorporating educational programs in traffic and pedestrian safety, driver education, fire prevention, emergency procedures, etc., appropriately geared to students at different grade levels.
Each Principal shall be responsible for the supervision and implementation of a safety program for his/her school. General areas of emphasis shall include, but not be limited to: in-service training; accident recordkeeping; plant inspection; driver and vehicle safety programs; fire prevention; catastrophe planning; and emergency procedures and traffic safety problems relevant to students and employees. The principal shall be responsible for developing student safety procedures to be used on school busses, school grounds (including playgrounds), during authorized school activities (such as field trips), within school building(s) (including classrooms and laboratories), off school grounds during school sanctioned activities (including, but not limited to, work-based learning and internships), and in the use of online resources. The building's safety plan shall be on file in the SAU office.
Legal References:
RSA 200:40, Emergency Care
RSA 281-A:64, III, Worker’s Compensation, Safety Provisions; Administrative Penalty
NH Code of Administrative Rules, Section Ed. 306.04(a)(2), Policy Development, Safety
NH Code of Administrative Rules, Section Ed. 306.04(d), Safety, Procedures
Category: P
See also Policy JLI
1st Reading: April 15, 2008
2nd Reading: July 22, 2008
Adopted: July 22, 2008
Amended: July 16, 2013
[post_title] => EB - Safety Program
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[post_date] => 2018-05-10 12:31:57
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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. The practice of safety shall be considered a facet of the instructional programming of the District schools by incorporating concepts of safety appropriately geared to students at different grade levels.
The Superintendent shall be responsible for developing and maintaining a comprehensive safety plan for the District, taking into account applicable laws, regulations, Board policies, and best practices. The general safety plan will include the District-wide Crisis Prevention and Response Plan, and site-specific Emergency Response Plan for each school required under Board
policy EBCA. General areas of emphasis shall include, but not be limited to: in-service training; accident recordkeeping; plant inspection; driver and vehicle safety programs; fire prevention; catastrophe planning; and emergency procedures and traffic safety problems relevant to students and employees.
- Procedures that address the supervision and security of school buildings and grounds.
- Procedures that address the safety and supervision of students during school hours and school sponsored activities.
- Procedures that address persons visiting school buildings and attending school-sponsored activities.
- Training programs for staff and students in crisis prevention and management.
- Training programs for staff and students in emergency response procedures that include practice drills.
- 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.
- 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.
- Procedures for safe, confidential reporting of security and safety concerns at each school building.
- 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.
- 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.
- 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.
- 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.
- 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.
- District and building level procedures to assure timely safe schools reporting to law enforcement the N.H. Department. of Education and the School Board as required under RSA 193-D:4.
Legal References:
RSA 193-D, Safe School Zones
RSA 193-F, Pupil Safety and Violence Prevention
RSA 281-A: 64 Safety Provisions
NH Code of Admin. Rule. Section Ed. 306.04(a)(2), Promoting School Safety
Category: Recommended
See also ADD, EB, JICK
First Read: April 17, 2018
Second Read: May 1, 2018
Adopted: May 1, 2018
First Read: September 20, 2022
Second Read: October 4, 2022
Adopted: October 4, 2022
[post_title] => EBB -- Safe Schools
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[post_date] => 2015-09-14 18:51:36
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[post_content] => In the case of an accident occurring on school property or at a school-sponsored function, the supervising adult shall fill out an accident report and submit it to the Principal as soon as possible, but within 24 hours of the accident. This reporting obligation shall be in addition to any reporting required by law or other district policies. One copy shall be submitted to the Principal and the other copy shall be submitted to the SAU office. Both reports shall be filed within 24 hours of the incident.
At the beginning of each school year, the Principal shall review the policy on accidents and accident reporting with staff.
Legal Reference:
NH Code of Administrative Rules – Section Ed. 306.12(b)(1), School Health Services
Appendix KFD-R, NH Department of Safety Incident Report Form
Category: R
See also Policies EBBC & JLCE
1st Reading: July 16, 2013
2nd Reading: September 17, 2013
Adopted: September 17, 2013
[post_title] => EBBB - Reporting Accidents Involving Physical Harm of Students
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[post_content] => All school personnel have responsibilities regarding injuries and emergencies as follows:
1. Administering first aid and/or summoning medical assistance
2. Notifying administration
3. Notifying parents/guardians
4. Filing accident reports
School personnel must use reasonable judgment in handling accident cases. Caution should be exercised not to minimize or maximize any injuries or emergency. Personnel will understand the proper steps to be taken in the event of an injury or emergency, including appropriate activation of EMS and obtaining additional staff assistance when possible. Personnel shall also understand their role as it relates to the District’s Emergency Response Plan.
If a school nurse or licensed practical nurse is not available to a school for any reason, at least one other person who has a current first aid and cardiopulmonary certification (CPR), including AED training, (automated external defibrillator) will be available (per Ed 306.12). Also required is annual training of the Health Office delegatee and other authorized staff in assisting in the administration of an Epi-pen, a metered dose inhaler, and/or an opioid antagonist. Being available means they must be on school grounds during school hours or present at scheduled school activities so that they can provide emergency care immediately, without prior notification to parents/guardians. However, parents/guardians shall be promptly notified after emergency assistance has been provided.
All accidents judged to be other than minor require an accident report to be filled out and filed with the Principal and SAU Office within 24 hours of the incident per policy EBBB.
The District makes it possible for parents to subscribe to student accident insurance at low rates. The program is offered each year during September. The District does not provide student accident insurance.
At the beginning of each school year, the Principal shall review the policy on accidents and accident reporting with staff. Each school may adopt procedures consistent with this policy for its effective implementation.
(Include in Staff Handbook)
Legal Reference:
RSA 200:40, Ed 306.12
See also: JLCE
Category: P
1st Read: February 16, 2016
2nd Read: April 5, 2016
Adopted: April 5, 2016
[post_title] => EBBC - Emergency Care and First Aid (Student Accidents and Accident Reports)
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[post_date] => 2015-09-14 18:59:39
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[post_content] => In order to ensure that all school buildings have adequate indoor air quality, the Board directs the Superintendent to address methods of minimizing or eliminating emissions from buses, cars, delivery vehicles, and other motorized vehicles. The Superintendent may delegate the implementation of these methods to the Facilities Director. The Board encourages the Superintendent to utilize methods and recommendations established by various State agencies.
In addition to addressing methods eliminating emissions, the Facilities Director is directed to annually investigate air quality in school buildings using a checklist provided by the New Hampshire Department of Education.
In support of this policy, the Superintendent is authorized to establish regulations and/or
administrative rules necessary to implement anti-idling and clear air measures aimed at
improving indoor air quality.
Legal References:
RSA 200:11-a, Investigation of Air Quality
RSA 200:48, Air Quality in Schools
NH Code of Administrative Rules, Section Ed. 306.04(a)(24), Air Quality in School Buildings
NH Code of Administrative Rules, Section 306.07(a)(4), School Facilities
Category: Priority/Required by Law
1st Reading: November 5, 2019
2nd Reading: November 19, 2019
Adoption: November 19, 2019
[post_title] => EBBD - Indoor Air Quality
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[post_content] =>
Category: Recommended Related Policies: ADD, EB, EBCD, EG, JICK & JLCJA
Related Administrative Procedures: EBCA-R & EG-R
The Board recognizes that schools are subject to a number of potentially dangerous events, such as natural disasters, industrial accidents, acts of terrorism, and other violent events. No school is immune from these events no matter the size or location. The Board is committed to the prevention of these events, to the extent possible, in the schools and at school-sponsored activities.
- Site-specific Emergency Operations Plan (RSA 189:64). Each school shall develop a site-specific school emergency operations plan (“EOP”) based on and conforming with the Incident Command System and the National Incident Management System and pursuant to RSA 189:64.
Each Emergency Operations Plan will address hazards as including, but not limited to: acts of violence, threats, natural disasters, fire, hazardous materials, medical emergencies, and other hazards deemed necessary by the School Board or local emergency authorities.
School building principals shall annually review their site-specific EOP and submit updated plans (or report of no changes) to the Superintendent or designee for review by August 1.
If, after such review, the plan remains unchanged, then the Superintendent or designee in conjunction with the building principal shall notify the New Hampshire Department of Safety and/or the New Hampshire Department of Education by October 15 that the plan is unchanged. If an Emergency Operations Plan is updated/revised, the Superintendent or designee in conjunction with the building principal shall submit the updated Emergency Operations Plan to the Director of Homeland Security and Emergency Management of the Department of Safety by October 15.
All-hazard and fire evacuation drills shall be conducted annually pursuant to Board policy EBCB.
- District-wide Crisis Prevention and Response Plan.
The Superintendent, in consultation with appropriate personnel, and in coordination with local emergency authorities, shall develop a District-wide Crisis Prevention and Response Plan (the “District Crisis Plan”). The District Crisis Plan shall serve as a compilation of each site-specific Emergency Operations Plan for each District school and shall include the current Sports Injury Emergency Action Plan as required under Board policy JLCJA and RSA 200:40-c.
The District-wide Crisis Plan will include provisions addressing coordination of crisis prevention and responses between and among the different schools, grounds, school buses, and other facilities of the District.
The District Crisis Plan shall be updated and provided to the Board for review by October 31 each year (i.e., after the site-specific EOP’s are submitted to the state).
- Coordination. The Superintendent will establish a relationship with local and state emergency services
(e.g., police, fire, ambulance, etc.). Unless otherwise provided in a site-specific EOP, the District-wide Crisis Prevention and Response Plan or the District Communication Plan, the Superintendent, or his/her designee, will serve as the coordinator/liaison with these authorities. Additionally, the Superintendent should designate personnel to explore the availability of any training or support provided by the New Hampshire Departments of Education and/or Safety associated with risk assessment, crisis management, and other matters related to this policy.
Legal References:
RSA 189:64, Emergency Response Plans
RSA 193-D, Safe School Zones
RSA 193-F, Pupil Safety and Violence Prevention
RSA 200:40-c, Emergency Plans for Sports Related Injuries
N.H. Dept. of Education Administrative Rule, Ed. 306.04(a)(2), Promoting School Safety
1st Read: May 16, 2023
2nd Read: May 16, 2023
Adopted: May 16, 2023
[post_title] => EBCA - Crisis Prevention and Emergency Response Plans
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[post_content] => Fire drills will be scheduled by the building principal pursuant to state statute and/or the New Hampshire Department of Safety. Exceptions to the frequency of such drills may be granted pursuant to state law.
The purpose of a fire drill is to train students, under staff direction, to move safely, quickly, and quietly from any location within the building to an assigned evacuation area outside. The building principal is responsible for creating fire drill routes and procedures, and for maintaining all documentation relative to fire drills.
Legal Reference:
NH Code of Administrative Rules, Section SAF-C 6008.04, 6008.05, State Fire Code, Building Safety
Category: R
1st Read: September 17, 2013
2nd Read: October 1, 2013
Adopted: October 1, 2013
[post_title] => EBCB - Fire Drills
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[post_date] => 2018-12-27 14:05:17
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[post_content] =>
State of New Hampshire Department of Safety
Richard M. Flynn, Commissioner
Office of the State Fire Marshall
10 Hazen Dr.
Concord NH 03305
(603) 271-3294, Fax (603) 271-1091
Information Bulletin 99-2 August 1999
FIRE EXIT DRILLS IN EDUCATIONAL OCCUPANCIES
The 1997 edition of the NTFPA 101 Life Safety Code has been adopted as part of the New Hampshire State Fire Code (Section SAF-C 8008.03), effective July 1, 1999.
Section 11-7 of the Life Safety Code establishes the requirements for fire exit drills in educational occupancies. Section 11-7, 1.2.1 has been amended in New Hampshire to encourage schools and communities to plan and practice for events such as hurricanes, floods, tornadoes, and earthquakes.
Two of the required monthly fire drills may be replaced with “two natural hazard drills” provided that:
- An emergency response plan has been placed on file with the fire chief and the NH Office of Emergency Management.
- The fire chief has approved the elimination of the two fire drills.
The following is the amended text of the fire drill requirement for educational occupancies (the NH amendment is italicized in bold print):
11-7, 1.2.1 – At least one fire drill shall be conducted every month the facility is in session.
Exception No. 1: In climates where the weather is severe, the monthly fire exit drills shall be permitted to be deferred provided that the required number of fire exit drills is achieved and at least four (4) are conducted before the drills are deferred.
Exception No. 2: With the approval of the local fire official, no more than two (2) of the required fire drills may be eliminated and replaced by drills that test emergency response to natural hazards, such as earthquakes, hurricanes, and floods. No required fire drills shall be replaced by natural hazard drills unless an emergency response plan is submitted to the local fire official and the New Hampshire Office of Emergency Management.
11-7, 1.2.2 – One additional fire exit drill shall be required within thirty (30) days of operation.
11-7, 1.3 – Drills shall be executed at different times of the day or evening, during the changing of classes, when the school is at assembly, during the recess or gymnastic periods, or during other times to avoid distinction between drills and actual fires. If a drill is called while pupils are going up and down the stairways, such as during the time classes are changing, the pupils shall be instructed to form in file and immediately proceed to the next available exit in an orderly manner.
11-7, 1.4 – Every fire exit drill shall be an exercise in school management for principal and staff with the chief purpose of every drill being the complete control of the class so that staff members can form ranks quickly and silently, and can halt, turn, or direct the students as desired. Great emphasis shall be put upon the execution of each drill in a brisk, quiet, and orderly manner. Running shall be prohibited. If there are pupils incapable of holding their places in line moving at a reasonable speed, provisions shall be made to have them taken care of by the more capable pupils, who will keep them from moving independently of the regular line.
11-7, 1.5 – Monitors shall be appointed form among the more mature pupils to assist in the proper execution of drills. They shall be instructed to hold doors open in the line of march or close doors where necessary to prevent spread of fire or smoke in accordance with 5-2.1.8. There shall be at least two (2) substitutes for each appointment so as to provide for proper performance in case of the absence of regular monitors. The searching of restrooms or other rooms shall be the duty of teachers or other members of the staff. If the teachers are to search, this should be done after they have joined their classes to the preceding lines.
11-7, 1.6 – As all drills simulate an actual fire condition, pupils shall not be allowed to obtain clothing after the alarm is sounded, even when in homerooms, due to confusion that would result in forming lines and the danger of tripping over apparel.
11-7, 1.7 – Each class or group shall proceed to the predetermined point outside the building and remain there while a check is made to see that all are accounted for, leaving only when a recall signal is given.
Adoption: July 18, 2000
[post_title] => EBCB-R --FIRE EXIT DRILLS IN EDUCATIONAL OCCUPANCIES
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[post_date] => 2015-09-14 19:21:03
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[post_content] => The School Board recognizes that bomb threats are a significant concern to the schools. Whether the threat is real or a hoax, a bomb threat represents a potential danger to the safety and welfare of students, staff, and school property.
Any bomb threat will be regarded as a serious matter and will be treated accordingly. In the event a bomb threat is made, the following procedures shall be followed:
1. The building principal or designee, in conjunction with local law enforcement, will make a decision regarding the evacuation of all affected school.
2. An investigation of the threat should be made by local law enforcement authorities or applicable state department.
Any decision to re-enter the school or buildings will be made by the Superintendent, or designee, and only after such clearance has been given by the appropriate law enforcement agency.
Making a bomb threat is a crime. As such, any person found to have made a bomb threat will be subject to arrest and prosecution according to law. Any student suspected of making a bomb threat will be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action, in accordance with applicable Board policy.
Legal References:
RSA 158:9, Possession of Explosives
RSA 644, Breaches of the Peace and Related Offenses
Category: Recommended
1st Read: September 17, 2013
2nd Read: March 4, 2014
Adopted: March 4, 2014
[post_title] => EBCC - Bomb Threats
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[post_date] => 2015-09-14 19:24:23
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[post_content] => The Superintendent shall establish criteria and procedures for emergency closings of the schools.
Students, parents, and staff shall be informed early in each school year of the procedures which will be used to notify them in case of emergency closing, whether action is taken before or during school hours. When schools are closed for emergency reasons, staff members shall comply with Board policy in reporting for work.
Category: R
1st Read: September 17, 2013
2nd Read: October 1, 2013
Adopted: October 1, 2013
[post_title] => EBCD - Emergency Closings
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[post_content] => No school, office, or system event cancellation or delay will be made without the direct authorization of the Superintendent of Schools. In the event the Superintendent is unavailable, such decisions will be made by the Assistant Superintendent or designee.
Announcements: When the Superintendent decides it is necessary to delay opening or close any facility or school or cancel any school event, the Superintendent will initiate all related communications to the public by radio, television, website, or other available means.
Delayed Opening of Schools: The Superintendent may delay the opening of schools upon determining that weather conditions appear extremely hazardous to operate school buses at the regular early morning hours, but that travel conditions will appreciably improve later in the morning. The public announcement will report the time of the delayed opening. Schools and offices shall close on the regular schedules. After-school activities and events will not be affected by a delayed opening.
Closing of Schools for the Entire Day: When the Superintendent determines that weather or other conditions exist or will develop that would make it unwise to open one or more schools any time during the day, the announcement communicated to media sources shall state either the specific school(s) that are closed or that all schools are closed. If school is closed for the entire day, all evening programs may be canceled.
Afternoon and Evening Program Cancellations: When schools are open to the end of the school day, but weather or other conditions deteriorate in the late afternoon, the Superintendent may decide to cancel afternoon and evening programs. Schools and offices should plan and communicate alternate dates and times to hold programs or events.
Weekend Closings: When weather or other conditions are predicted or develop that would make it hazardous to operate weekend programs or events, the Superintendent is responsible for decisions regarding cancellations and for notifying the appropriate media.
Students, parents, and staff shall be informed early in each school year of the procedures which will be used to notify them in case of emergency closings, whether action is taken before or during school hours. When schools are closed for emergency reasons, staff members shall comply with Board policy in reporting for work.
Category: R
See Also Policy EBCD
1st Read: August 24, 2020
2nd Read: September 1, 2020
Adopted: September 1, 2020
[post_title] => EBCE - School Closings
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[post_modified] => 2020-09-11 17:15:50
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[post_date] => 2022-10-06 10:11:53
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[post_content] => The Board recognizes that a pandemic/epidemic is a serious threat that stands to affect students, staff, and the community as a whole. The Board establishes this policy in the event the town/ municipality and/or school district is affected by a pandemic or epidemic. At all times the health, safety and welfare of the students shall be the first priority. The District shall follow the advice and recommendations from the New Hampshire Department of Health and Human Services (“NH DHHS”), the New Hampshire Department of Education, and the United States Public Health Services Centers for Disease Control (“CDC”).
Planning and Coordination
Planning for a pandemic requires a multi-faceted effort, and school preparedness should include input from a team of individuals to address their specific areas of expertise.
The Superintendent shall designate one or more employees to serve as a liaison between the school district and local and State health officials. This designee is responsible for communicating with health officials to identify local hazards, determine what crisis plans exist in the school district and community, and to establish procedures to account for student well-being and safety during such a crisis. The designee shall work with local health officials to coordinate their pandemic/epidemic plans with that of the school district. The Board encourages the designee to become a member of the Health Alert Network through the New Hampshire Department of Health & Human Services.
With fiscal concerns in mind, the district may purchase and store supplies necessary for an epidemic/pandemic response, including but not limited to disinfectant products, face masks, water, examination gloves, and other supplies as recommended by the school nurse. The Superintendent may engage with such other local medical professionals as may assist the District in its local response to a health crisis.
Response
In the event anyone within the school is discovered or suspected to have a communicable disease during a pandemic that may result in transmission to other students, faculty, or staff, that person shall be immediately isolated pending further medical examination. The New Hampshire Communicable Disease Control Section of the Department of Health and Human Services shall be notified immediately.
Infection Control
Any student or staff member found to be infected with a communicable disease that may bear risk of transmission will be excluded from school until that individual's primary care physician or other medical personnel indicating that the individual does not bear the risk of transmitting the communicable disease provide medical clearance.
Staff members who are forced to miss excessive days of work shall first use any leave entitled to them through the Family and Medical Leave Act and/or accrued sick leave. If a staff member has still not received medical clearance to resume his/her work duties, absences in excess of a staff member's allotted leave will not affect the employees right to continued employment.
Continuance of Education
Consistent with State Department of Education, the Superintendent is authorized to develop a plan of alternate means of educating students in the event of prolonged school closings and/or extended absences. Such a plan may include providing students with assignments via mail, electronic mail communication, digital platform(s), local access cable television, and/or the school district's website as well as any appropriate combination of on-site and off-site education services, supports, and instruction.
The Superintendent is authorized to amend the traditional class schedule and schedule of days. Such a plan may include extending the school day, having school days held on Saturdays, the use of previously scheduled vacation days, and/or extend the school year beyond the previously established end of school year.
Category O
Legal References:
Influenza Pandemic Public Health Preparedness & Response Plan, New Hampshire
Department of Health & Human Services, Updated March 2, 2006,
www.dhhs.nh.gov/DHHS/CDCS/LIBRARY/Policy-Guideline/dphs-influenza-plan.htm
Revised: February 2007
New Policy: August 2006
First Read: June 21, 2022
Second Read: July 19, 2022
Adopted: July 19, 2022
[post_title] => EBCF - Pandemic/Epidemic Emergencies
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[post_content] => Students and employees of the District are expected to attend the schools of the district without being infected with serious communicable diseases. Nonetheless, the Board recognizes that staff, students, volunteers and others may come in contact with bloodborne pathogens, viruses and other communicable diseases during the school day or school sponsored activities, or may carry those pathogens, viruses and diseases unknowingly into the school community. The Board adopts this policy as a means to minimize risk and respond to these health concerns while respecting the rights of all students and employees, including those who are infected.
As described in Board policy JLCG, RSA 200:39 permits the exclusion from school of students who exhibit symptoms of contagion, or are a hazard to him/herself or others. As provided in this policy, determinations as to inclusion or exclusion of students or employees with communicable diseases from school will take into account the educational implications for the student and others with whom he or she comes into contact, recommendations from the New Hampshire Department of Health and Human Services (“NHDHHS”), the New Hampshire Department of Education, and the United States Public Health Services Centers for Disease Control (“CDC”). Diseases which will implicate this policy, include, but are not necessarily limited to, HSV related diseases such as Chickenpox, Shingles, Hepatitis B, and Infectious Mononucleosis, Acquired Immune Deficiency Syndrome (AIDS), Cytomegalovirus (CMV), or Herpes Simplex Virus (HSV), and other diseases which are from time-to-time identified by public health agencies such as the CDC and NHDHHS.
1. Students.
It is the policy of the District that students with communicable diseases should not be excluded from attending school in their regular classrooms so long as their attendance results in a situation where the risk of transmission of illness to students or employees of the School District, or hazard to themselves, is negligible. All decisions regarding inclusion or exclusion shall be made consistent with this section and the procedures set forth in section B of this policy.
2. Employees.
It is the policy of the School Board that employees (which for the purposes of this policy will include individual consultants/contractors, and volunteers) with communicable diseases not be excluded from attending to their customary employment and duties so long as they are physically able to perform tasks assigned to them and so long as their employment results in a situation where the risk of transmission of illness to students or other employees of the District, or hazard to themselves, is negligible.
3. Special Circumstances and Conditions.
The School Board recognizes that some students or employees, because of age, disability or other special conditions, may pose greater risks for the transmission of communicable diseases than other persons infected with the same illness. Examples include children who display biting behavior and students and employees who are unable to control their body fluids or have uncovered wounds. These conditions need to be taken into account and considered in assessing the risk of transmission of the disease and the resulting effect upon the educational program of the student or employment of the employee.
In the instance of diseases causing suppressed immunity, attendance may be denied to a child with suppressed immunity in order to protect the welfare of the child with suppressed immunity when others in the school have an infectious disease which, although not normally life threatening, could be life threatening to the child with suppressed immunity.
A. PROCEDURES WHEN COMMUNICABLE DISEASE IS SUSPECTED:
1. Reporting. School District employees, including contracted individuals and/or agencies who are performing contracted responsibilities for the School District, and who become aware of a communicable disease or other potentially serious health problem regarding themselves, or of students or other employees, unless prohibited by statutory confidentiality, they will report it to the school nurse, or building Principal/designee.
2. Response. The health risk to others in the school district environment from the presence of a student or employee with a communicable disease shall be determined on a case-by-case basis. In all cases in which the school nurse, or other person designated by the Superintendent, becomes aware that a student or employee of the School District has contracted a communicable disease of the kind in section A of this policy, s/he will take the following steps:
a. The parent/guardian(s) of a student will be contacted in order to discuss the situation and determine whatever facts are available; the same information will be communicated promptly among the Superintendent/designee, school nurse and Principal/designee.
b. Upon receiving written consent from the parent(s) or guardian of a student or, in the case of an employee, the employee or his/her health care agent (i.e., adult to whom authority to make health care decisions is delegated under an advance directive meeting the requirements of RSA 137-J:20), the school nurse/Superintendent’s designee will attempt to confer with the treating physician, if any, in order to determine any significant medical facts concerning the diagnosis of the disease or factors affecting the possible transmission of the disease.
c. Notify and consult with the health care professionals knowledgeable about the particular disease. Following such consultation, the school nurse, Superintendent or his/her designee, shall determine the immediate, short-term action to be taken relative to educational placement of the student or work assignment for the employee.
d. When a communicable disease of the kind identified in section A of this policy is suspected or confirmed in an individual, the school nurse shall consult with the Superintendent or designee and appropriate public health officials, to determine whether a student or employee shall be excluded from school or from attending to their customary employment, and whether additional measures are required to protect other members of the school population. Factors specific to individuals, such as biting behaviors, lack of control of body fluids, existence of uncovered wounds or other medically identifiable conditions may also be considered. Recommendations regarding the least restrictive educational placement for a student or continued attendance at work for an employee may be sought on a case by case basis.
In addition to the information obtained in steps a-c, decisions to exclude shall consider criteria from NHDHHS Bureau of Infectious Disease included in its publication “When Children Should be Excluded or Dismissed from a Childcare Setting”, or the American Academy of Pediatrics’ “Red Book: Report of the Committee on Infectious Diseases”, or other general or specific guidance from the NHDHHS or the United States Centers for Disease Control.
i. Decisions regarding students. Unless the school nurse is unavailable, the ultimate decision to exclude a child from school under this Policy due to a contagious or communicable illness shall be made by the school nurse after consulting with the Superintendent/designee and Principal/designee.
If the school nurse is unavailable, a decision to exclude shall be made by the Superintendent/designee.
If the student is a student with an IEP, 504 Plan, or other such individualized learning plan, then decisions regarding alternative settings shall be made according to the applicable laws, regulations and policies.
Students who are aggrieved by the education plan determinations may appeal said determinations pursuant to state and federal special education law if the infected student is eligible for or claims that s/he is eligible for special education or special education and related services. Excluded students who do not claim that they are eligible for special education or special education and related services, but who are aggrieved by the Superintendent's determinations, may appeal said determinations to the Board.
ii. Decisions regarding employees. Determinations regarding exclusion or reassignment of employees shall be made by the Superintendent/designee. Absent significant risk to the employee or risk of transmission to students or other employees, the Superintendent shall not alter the job assignment of the infected person. Volunteers are subject to any directives issued by the administration, as are contractors and consultants, subject to the terms of their respective agreements.
If the Superintendent/designee, after taking the steps above, determines that there is a medically recognized risk of transmission of disease in the School setting or that a significant health problem restricts the infected person's ability to work, or presents a substantial hazard to the employee, the Superintendent/designee shall, if necessary, develop an individually tailored plan to accommodate the staff member if possible. Additional persons may be consulted if necessary for gaining additional information, but the infected person must approve of the notification of any additional persons who are informed of the infected person's identity. The Superintendent/designee may consult with legal counsel to ensure that any official action is consistent with state and federal law. If an individually tailored plan is necessary, said plan should be medically, legally, educationally and ethically sound.
iii. Testing, Social Distancing and Other Extraordinary Measures. Some infectious diseases, viruses, etc., may be so dangerous and or the risk of casual transmission so great, that effective response will require broader measures. Based upon specific recommendations of local, state and/or federal health authorities, the Superintendent is authorized to implement such additional, extraordinary emergency measures as may be necessary and appropriate to address the health risk: e.g., school closure, population exclusion (stay-at-home type instructions), mandatory screenings, mandatory use of personal protective equipment (PPE’s), social distancing orders, administrative leaves or temporary adjustments in duties. These provisions are intended to complement, not replace any provisions of Board policy Pandemic/Epidemic Emergencies. Such measures should be taken with prior notice to the Board, if practicable, or as soon as possible thereafter. The Board Chair may determine that the circumstances, or the measures implemented by the Superintendent, warrant a special or an emergency meeting of the School Board.
3. Practices to Minimize Contamination in Schools.
Good hygiene practices as recommended by local, county and state health authorities are to be followed at all times when handling blood or other body fluids of any student or employee. Parents and employees are not generally required to advise the school if their child has a communicable disease. (Some exception may exist under specific legislation or Executive/emergency orders, in which, such legislation or Executive orders shall supersede this policy to the extent necessary to remove any conflict.) Because the District may not rely on self-reporting, it is appropriate to adopt procedures for the handling of body fluids from any child or employee. This also eliminates the need to notify all maintenance, transportation and building personnel if the District becomes aware of a student or employee with communicable diseases. It is recommended the following procedures be used on a routine basis when blood or any other body fluids including vomitus and fecal or urinary incontinence are involved.
a. Gloves should be worn when cleaning up any body fluids.
b. Spills should be cleaned up, the affected area washed with soap and water and disinfected with bleach (one-part bleach to ten parts water), or another disinfectant.
c. All disposable materials, including gloves and diapers, should be discarded into a plastic bag before discarding in a conventional trash system. The mop should also be disinfected with the bleach solution described in B above.
d. Toys and other personal non-disposable items should be cleaned with soap and water followed by disinfection with the bleach solution before passing to another person. A normal laundry cycle is adequate for other non-disposable items.
e. Persons involved in the clean-up should wash their hands afterward.
Additional precautions may be recommended or required in certain instances (e.g., social distancing, masks, etc.).
4. Confidentiality and Data Privacy.
Public concern regarding communicable diseases is neither an excuse nor defense for the violation of data privacy rights of students or employees who have or are rumored to have such illnesses.
A. Personally identifiable health information regarding students is private data and is not to be disseminated to the public or to staff without the strict observance of student privacy rights.
B. Personally identifiable health data and information regarding employees is private data and may not be released to the public nor to fellow employees without strict observance of privacy rights of public employees.
C. Parents of other children attending the school, or other school employees, may only be notified of a possible exposure to a communicable disease to the extent permitted, or required, under applicable law, regulations or Executive order. In general, such information will not identify the particular student or employee who has the disease.
D. Any District employee who violates the confidentiality provisions of this policy shall be subject to discipline. A confidentiality breached by an independent contractor/consultant, could result in termination of the contract for cause.
5. Staff and Student Education.
The School Board recognizes that the education of its residents, staff, and students regarding the risks involved in the spread of infectious diseases in the school setting will help to minimize the risk of transmission to other students and employees while protecting the rights of infected students and employees.
A. All school district employees should receive instruction regarding appropriate hygienic practices for use in school settings, precautions to be employed where contagious diseases may be encountered and community resources for referral and information.
B. Any information provided as part of a student’s instruction pertaining to sexually transmitted diseases shall comply with Board policy IHAM.
6. Implementation
The Superintendent is authorized to implement this policy through and procedures, or administrative directives which s/he deems necessary or appropriate. The Contoocook Valley School District will work cooperatively with the Division of Public Health Services of New Hampshire Department of Health and Human Services to enforce and adhere to the Public Health Code (Chapter He-P 300 Diseases) for the prevention, control, and containment of communicable disease in schools. To ensure adherence to current law and medical practices, these policies and administrative regulations will be reviewed annually by the school nurses.
Legal References:
RSA 189:1-a, Duty to Provide Education
RSA 189:31, Removal of Teacher
RSA 186-C, Special Education
RSA 193:1, Duty of Parent; Compulsory Attendance by Pupil
RSA 193:3, Change of School or Assignment, Manifest Educational Hardship or Best
Interest, Excusing Attendance
RSA 200:32, Physical Examination of Student
RSA 200:36, Medical Examination of School Personnel
RSA 200:39, Exclusion from School
Statutory Authority: RSA 141-C:6
NHDHHS Bureau of Infectious Disease’s: “When Children Should be Excluded or Dismissed from a Childcare Setting,” may be found at: https://www.dhhs.nh.gov/dphs/cdcs/documents/childrendismissed.pdf
1st Read: September 6, 2022
2nd Read: September 20, 2022
Adopted: September 20, 2022
[post_title] => EBCG/JHCC - Communicable and Infectious Diseases
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[post_content] => The Superintendent will have the general responsibility for the care, custody and safekeeping of all school property, establishing such procedures and employing such means as may be necessary to discharge this responsibility.
At the building level, the Principal will be responsible for overseeing the school campus and for the proper care of school property by the staff and students.
Legal References:
RSA 198:15-b, Amount of Grant
Category: O
1st Read: September 17, 2013
2nd Read: October 1, 2013
Adopted: October 1, 2013
[post_title] => EC - Buildings and Grounds Management
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[post_content] => The School Board will cooperate closely with local law enforcement and fire departments, and with insurance company inspectors.
Records and funds will be kept in a safe, locked location.
Access to school buildings and grounds outside of regular school hours will be limited to school personnel whose work requires it. An adequate key control system will be established to limit access to buildings to authorized personnel.
School buildings will be closed and locked after the last school activity has concluded each day.
A building being used by an authorized school or community group in the evening, or on non-school days, will be opened for such activity and secured again after its conclusion.
A school district employee may be required on school grounds during the course of the activity.
Classroom windows and doors are to be locked when the building is closed.
In addition to this policy, the Superintendent is charged with establishing further safety and security provisions as may be necessary.
The building principal is responsible for enforcing this policy.
Category: R
See ECA-R
1st Read: September 1, 2015
2nd Read: October 20, 2015
Adopted: October 20, 2015
[post_title] => ECA - Buildings And Grounds Security
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[post_content] => Introduction
The procedures set forth below are designed to safeguard access to ConVal Schools for individuals who have legitimate reasons for being in the schools. These procedures have been established to properly identify all visitors to District buildings and regulate access in an effort to protect all students and staff. An effective access control policy will enhance the overall security of District buildings and prepare each building to respond to an emergency event.
Employee Identification
1. All permanent employees will be issued photo identification/proximity reader cards by the District at the time of initial employment or transfer to a new position, including continuing and long-term substitutes. IDs will be provided either through the Human Resources Office. In a limited number of instances, the Superintendent or designee may authorize the Human Resources Office to issue an identification card to a contractor providing services to the District on a regular basis.
2. All temporary or seasonal employees will be issued an ID card, valid for the term of their employment with the District. This ID must be worn at all times, while on District property.
3. At the beginning of his/her shift, a substitute will report to the main school office where he/she may be asked to surrender their car keys in order to be issued keys to lock classroom doors. Classroom keys must be returned at the end of the day to the administrator or their designee.
4. Official photo identification must be worn at all times by employees so that the ID is easily recognizable to other employees, visitors and students. Additionally, employees with keys to classroom doors shall wear those keys on lanyards at all times to provide immediate access to the keys in the event of a lockdown. Alternatives to lanyards may be approved by a school administrator.
5. Should an employee forget to bring his or her ID card and keys to school, the main office will issue a lanyard with a proximity reader/non-photo identification card and keys which can lock any classroom door. The employee may be asked to render his/her driver’s license or other form of identification to the school secretary at the time the lanyard is provided. The identification will be returned to the employee when the lanyard is returned at the end of the day.
6. Upon receipt of a personnel action form terminating a staff member from the employ of the ConVal School District, the HR Office or school principal will remove the employee from the access control system. The principal shall also retrieve the ID card and keys from the employee at the time of separation from the District and forward it to the Human Resources Office.
7. Each employee must immediately report the loss of an employee identification card to the principal or principal’s designee. The school office must then make arrangements with the Human Resources Office or school principal’s office, as appropriate, for the employee to obtain a new identification card.
8. An employee will be provided with one free replacement card once every three years. Thereafter, the employee will be charge $10 for each additional replacement of his or her identification card within the three-year period. The District will reissue identification cards to all employees on an annual basis.
9. Employee identification may be accepted for access at every school, although employees other than ConVal School maintenance personnel must sign in on the visitor logs in schools to which they are not routinely assigned, as a record of who is in the building.
10. There will be a zero tolerance policy for employees releasing their issued employee identification cards to other unauthorized staff members, students or members of the public. Staff members found in violation of this policy will be subject to disciplinary action, up to and including dismissal.
Visitor Identification
1. All visitors are required to sign in at the school’s main office.
2. All schools will have a visitor log located in the main office for visitors to sign before proceeding further into the school. The visitor log shall consist of the date of the visit, the visitor’s full name, the time in and the time out, who he/she is visiting, and the purpose of the visit.
3. Each visitor will be required to display an official numbered school visitor pass on the outside of his/her clothing above the waist at all times until he/she signs out to leave the building. The pass will be a disposable sticker, and must include the visitor’s name as well as the school and date of the visit.
4. It is the responsibility of each visitor to sign out of the building each day and, if applicable, return his/her pass to the school office.
5. All visitor login sheets and other documents pertaining to visitor entry should be kept on file with the school for the duration of the school year.
6. All visitors to all school building main entrances and kitchen/loading dock doors will be screened by main office personnel viewing CCTV monitors and requesting visitors to state their names and business prior to entering the building.
7. School personnel have the authority to deny a visitor access to the building, and to request further identification before he or she is permitted to enter the building. In all cases where access is denied, an administrator shall be notified immediately of the circumstances of the denial. Personnel should not step outside of the building to conduct additional screening. If there is any indication that the visitor may be agitated, dangerous or unstable, the applicable Police Department should be immediately notified.
Vendor/Contractor Identification
1. Any vendor or contractor requiring access beyond the main office, kitchen or loading areas shall be required to sign in as a visitor and receive a numbered temporary visitor’s pass. Vendors shall present appropriate identification, such as an employee’s identification badge or driver’s license.
2. When delivery supplies or working inside a District building, the principal may require the vendor to be accompanied by authorized school personnel.
Occupancy Accountability
1. Each school must develop a procedure to access lists of all students present in the building at the point an emergency incident occurs at the school. These lists must be readily accessible and transferable during an emergency event. Each school should designate a primary and alternate staff member responsible for this task during any incident that requires occupancy information.
2. Any lists of adults present in the building shall be readily accessible and transferable during an emergency event, with a primary and alternative staff member responsible for this task during any incident that requires occupancy information.
Access Control During the School Day – Classroom and Building Doors
1. All classroom doors must be shut and locked when classrooms are unoccupied. Custodial and mechanical closets must also be locked at all times unless ConVal maintenance staff is present.
2. Doors may be unlocked for morning entry points for arriving students and dismissal passage at the end of the school day. All entrances must be locked during the school day from the start of classes until dismissal.
3. Building administrators have the discretion to temporarily unlock doors during the school day for special school events that may require usage of these doors by parents and other visitors to the events.
4. All school doors opened for arriving students, student dismissals, visitors for special events and other occasions during the school day shall be monitored by school staff.
5. All schools, where applicable, will develop a system utilizing theatre style roping systems to funnel visitors into the main office for screening upon building entry.
6. Unauthorized opening of perimeter doors exposes buildings to undue risk and defeats the purpose of the security system developed by the District. Because of the seriousness of this violation, the Director of Facilities and school administrators must make all reasonable attempts to identify and take appropriate disciplinary action against offenders.
School Dismissals
1. All schools must establish a dismissal process that allows for an orderly school dismissal, monitored by school personnel at each perimeter door utilized for the dismissal.
2. Schools shall follow the procedures for early dismissal of students as outlined in procedure JH-R, Student Attendance Procedures.
3. Any other special circumstances for dismissal, whether temporary or permanent, and requiring an older sibling, relative or neighbor to accompany a student must be authorized in writing and signed by the student’s parent or guardian.
After School Activities and Security Procedures
1. Following the dismissal of students, all school doors not designated as after school entrances should be secured by the school personnel at those doors. Within 30 minutes after dismissal school maintenance/custodial/school staff will insure that these school doors are secured and locked.
2. If schools do require access for after school activities, unique procedures for each school must be developed to allow for specific doors to remain open for those activities.
3. Each after school/weekend activity will have a designated advisor who is responsible for ensuring the supervision of participants
Access Control Program Administration
1. All access control technology and equipment will be purchased and maintained through the Facilities Department. Requests for repairs to access control technology and equipment must, therefore, be made through the Department’s work order process.
2. Any serious violations of access control policies and/or procedures may, in fact, be illegal and constitute trespassing or a violation of other criminal statutes. In circumstances where a criminal violation may exist, a report must be made immediately to the applicable Police Department.
3. In consultation with the Director of Facilities the Superintendent may authorize periodically conduct internal reviews or audits at the District or school level to assure compliance with policies and procedures.
Keys
1. All new ConVal School District keys must be stamped with an identification number in order to be correctly tracked and inventoried.
2. All schools will be responsible for maintaining a key log provided by the Facilities Department.
The key log will note each numbered key issued, who the key was issued to, what areas the key will unlock, and when the key was returned.
3. The school principal is responsible for ensuring that all keys are appropriately issued to new employees and documented through the key log, and for ensuring that all keys are appropriately returned and signed back in when an employee leaves the employ of the School District or transfers to another building.
4. An employee must immediately report a lost or missing key to the school principal or designee.
5. Inside master keys and outside master keys shall only be issued to administrative and maintenance staff. Outside master keys may only be issued to those staff members who have a pin code to arm/disarm the security alarm system.
6. There will be a zero tolerance policy for employees releasing their issued key(s) to other unauthorized staff members, students or members of the public. Staff members found in violation of this policy will be subjected to disciplinary actions, up to and including dismissal.
Alarm Codes
1. All requests to issue new alarm system pin codes or remove existing codes from the alarm system shall be approved by the Facilities Department. Staff members who do not hold an outside master key or have after-hours access privileges assigned to their access control employee identification card will not be issued an alarm system pin code.
2. It is the duty of the principal to immediately notify the Facilities Department of any staff member holding an alarm system pin code who leaves the employ of the District or transfers to another building.
3. Alarm system pin codes will only be issued to administrative staff, maintenance staff, and select school athletic staff.
4. There will be a zero tolerance policy for employees releasing their issued pin code to other staff members, students or members of the public. Staff members found in violation of this policy will be subjected to disciplinary actions, up to and including dismissal.
August 2016
[post_title] => ECA-R – Safe School Procedures
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[post_date] => 2015-09-14 19:32:41
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[post_content] => Vandalism is defined as the willful damaging, destruction or defacing of school-owned property.
This definition also applies to any deliberate tampering with or misuse of district computer
network services or equipment. It shall also include the willful damaging, destruction or
defacing of property used by the school district in conjunction with related services such as
school buses, on field trips, and other school-sponsored events that may occur off-campus.
Students found to have vandalized school property will face discipline in accordance with
applicable School Board policies. The Building Principal is authorized to report such acts of vandalism to local law enforcement authorities. Additionally, the District may seek financial
reimbursement from either the student(s) or the students’ parent/legal guardians for such damage caused.
If the vandalism is caused by someone other than a student of the District, the District
may proceed with all legal remedies available to it under the law, including criminal prosecution.
When vandalism is discovered, the administration is directed to take such steps as are necessary to identify the vandals. If students have taken part in vandalism, the Building Principal shall:
1. Identify the students involved;
2. Notify the students’ parents/legal guardians;
3. Decide upon disciplinary and/or legal action;
4. Take any constructive actions needed to guard against further student misbehavior;
and
5. Seek appropriate restitution.
Category: O
See Also Policies JICD, JICDD
1st Read: February 4, 2014
2nd Read: March 4, 2014
Adopted: March 4, 2014
[post_title] => ECAC - Vandalism
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[post_date] => 2015-09-15 12:15:21
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[post_content] => Video cameras may be used on school buses to monitor student behavior. Audio recordings in conjunction with video recordings may also be captured on school buses, in accordance with the provisions of RSA 570-A:2.
Notification of such recordings is hereby established in this policy and in Policy JICK – Pupil Safety and Violence Prevention. The Superintendent or his/her designee will ensure that there is a sign prominently displayed on the school buses informing the occupants of the school buses that such video and audio recordings are occurring.
The Superintendent is charged with establishing administrative procedures to address the length of time, which the recording is retained, ownership of the recording, limitations on who may view and listen to the recording, and provisions for erasing or destroying the recordings.
All recordings shall be retained for a period not to exceed ten (10) days, unless the Superintendent, or designee, determines that the recording is relevant to a disciplinary proceeding.
Recordings may be viewed only by the following persons and only after expressly authorized by the Superintendent:
- Superintendent or designee
- Business Administrator
- Building Administrator
- Law Enforcement Officers
- Transportation Contractor Official
Parents/Guardians of a student against who a recording is being used as part of a disciplinary proceeding will be permitted to view and listen to the recording. No other individuals shall be entitled to view or listen to the recording without the express authorization of the Superintendent.
Legal References:
RSA 570-A:2, Capture of Audio Recordings on School Buses Allowed
Category: R
See also: EEA, JICK, JRA
First Read: October 3, 2017
Second Read: October 17, 2017
Adopted: October 17, 2017
[post_title] => ECAF - Audio And Video Surveillance On School Buses
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[post_date] => 2015-09-15 12:17:02
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[post_content] => Driving and parking on school property are privileges granted by the School Board, or its designee, to persons who have reasons to be in the schools or on school property.
The assignment of parking areas to staff, students, and visitors to the school will be the responsibility of the school administration.
Vehicle parking and travel on school property is at the risk of the vehicle owner. The Contoocook Valley Regional School District is not responsible for any vehicle damage that may occur while on District property.
Category: O
1st Read: October 1, 2013
2nd Read: October 15, 2013
Adoption: October 15, 2013
[post_title] => ECE - Traffic and Parking
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[post_date] => 2015-09-15 12:23:21
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[post_content] =>
The ConVal School Board believes that every effort should be made to conserve energy and natural resources while exercising sound financial management. Energy systems include, but are not limited to, electricity, heating oil, liquid propane gas, gasoline, and water.
The implementation of this policy is the joint responsibility of the ConVal School Board, District administrators, teachers, support personnel, and students. Its success is based on cooperation at all levels.
The ConVal School Board and the Superintendent will provide leadership in developing an awareness of energy needs and costs, and will support short- and long-range strategies in the areas of facilities management, energy awareness, and conservation.
Key expectations to maximize energy conservation within the School District include the following:
1. The School District will maintain accurate records of energy consumption and cost, and will provide information to the local media on the goals and progress of the energy conservation program.
2. Each school principal will be responsible for adhering to energy management in his/her school, and will support energy audits and conservation programs. Judicious use of the various energy systems of each school will be the joint responsibility of the principal, staff, and facilities personnel to ensure that an efficient energy posture is maintained on a daily basis.
3. Students and employees will be expected to contribute toward energy efficiency targets within the District.
4. Custodial and school staff members are responsible for ensuring that all nonessential equipment (lights, machines, energy-using equipment, etc.) has been turned off each evening.
5. The Superintendent or designee will maintain administrative guidelines to be followed in implementing an ongoing energy conservation program.
Category: R
See Also Policy ECF-R
1st Read: May 3, 2011
2nd Read: June 7, 2011
Adoption: June 7, 2011
[post_title] => ECF - Energy Management & Conservation Policy
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[post_content] => The following operating procedures include clear areas of responsibility for the conservation of electricity and fuel in ConVal District schools. Those areas are administration, building maintenance, building improvements, and transportation.
In all cases, operating procedures will be continually reviewed in an effort to achieve the most efficient use of energy resources.
ADMINISTRATION
Each school principal is responsible, as pertains to his or her building, in implementing, adhering to, and monitoring all energy conservation procedures approved by the Board.
The following measures to conserve fuel and electricity will be instituted in the schools by all staff members:
Heating
- During times when public use of school buildings is occurring, maintain thermostats at night set-back temperature settings for areas not in use.
- Allow sunlight to shine through windows on cold days and keep it out on warm, humid days.
- Close drapes and blinds after school hours to reduce heat loss through window areas in the winter and to keep heat out in summer.
- During the heating season keep classroom doors closed.
- Avoid blocking heating vents with furniture, draperies, and books.
- No supplemental electric heaters are permitted.
- Operate ventilation fans in kitchens and home economics classrooms only when cooking equipment is in operation.
Lighting
- Post “TURN OFF LIGHTS” signs near or on each electrical switch.
- Turn off incandescent and fluorescent lights as soon as they are not needed.
- Reduce the use of corridor lighting after school hours.
Appliances
- All non-essential appliances must be removed from classrooms by the end of the 2010-11 school year end.
- Curtail use of cooking electrical equipment, such as toasters and hot plates, except when needed for classroom instruction, in a nurse’s office, or in a Life Skills classroom.
Transportation
- Encourage all students to ride school buses, form car pools or walk to school; discourage single-occupancy use of student cars.
- Emphasize compliance with the state’s no-idling law (Env-A 1100) with staff, students and parents.
Teachers
- Turn off classroom lights, closet lights, computers, printers, and any other electrical equipment when leaving at the end of the day.
- Close all windows at the end of the school day; close curtains or shades during cool months when leaving for the day.
BUILDING MAINTENANCE
Heating
- Set thermostats at the degrees listed below:
Classrooms – 68° Locker and shower rooms - 68°
Office areas – 68° Shops - 65°
Auditoriums – 65° Lavatories, halls, and corridors – 68° or lower
Cafeterias – 68°
- Lower all thermostatic control settings to 60° during the evening, on weekends, and other times when buildings are not in use. Lower temperature below 60° when schools are closed for an extended period, such as Christmas vacation.
- Install night set-backs on all heating plants.
- Utilize seven-day timers on heating plants and exterior lighting. Set timers up to minimize occupied or “on” times.
- Equip all facilities with automatic outside temperature control devices.
- Analyze the amount of fresh air being introduced into the school’s ventilation system. Fresh air should be reduced to the minimum level that meets state and local code standards.
- During unoccupied hours air-handling equipment should only operate to maintain unoccupied temperature set points. Establish a planned routine preventive maintenance program for all equipment.
- Assign all major inspection schedules to trained maintenance personnel.
- Maintain fans, pumps and compressors in the best possible operating condition.
- Carry out annual combustion analysis to assure optimum efficiency.
- Perform regular maintenance on boilers, including routine cleaning.
- Seal all openings around windows and doors through which warm air could escape.
- Reduce the capacity of showerheads to cut down on the amount of water used.
- Lower the temperature setting for hot water to the lowest acceptable level as determined by ASHRAE standards.
- Install low flow aerators on all kitchen and bathroom faucets.
- As soon as possible, convert to cold water detergents for cleaning purposes.
Cooling
- Where the means of mechanical cooling is present, the thermostat set point should be set at 78° in classroom areas and 74° in the administrative areas.
Lighting
- Instruct school custodians to turn off lights room by room as they complete their cleaning assignments.
- Reduce classroom lighting levels to an appropriate foot-candle maximum.
- As lamps are replaced, utilize “watt-miser” warm white fluorescent tubes.
- Reduce lighting levels in gymnasiums and multipurpose rooms.
- Decorate all rooms (walls, ceiling, and floors) with colors that reflect light.
- Reduce wattage on security lights.
Office Machines
- Wherever available use technology to utilize “sleep mode and auto shutoff” energy-saving enhancements for computers, copiers, and printers.
BUILDING IMPROVEMENTS
The following measure should be instituted on a best-return-on-investment basis:
- Where applicable, when considering renovations or upgrades to doors, windows, exterior walls, ENERGY STAR-rated materials and energy-efficient construction practices should be given priority.
TRANSPORTATION
- Work with transportation contractor to design bus routes that maximize fuel efficiency by utilizing buses to their maximum capacity and reducing the number of pickup points.
- Require transportation contractor to maintain all District vehicles and equipment to manufacturers’ recommendations, promoting the most fuel efficiency possible.
June 7, 2011
[post_title] => ECF-R – Energy Management & Conservation
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[post_date] => 2015-09-15 12:25:26
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[post_content] => No school equipment may be used for other than school, school related, civic, or educational purposes.
The Board shall permit school equipment to be loaned to staff members when such use is related to their employment, and to students when the equipment is to be used in connection with their studies or extracurricular activities. A written agreement should be used, which specifies the borrower’s responsibility to return the equipment in the condition in which it was received, and his/her financial responsibility for any loss or damage, which will meet the requirements of all applicable insurances.
Adopted: April 2, 1991
[post_title] => EDC - Authorized Use of School-Owned Materials
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[post_content] => The District shall provide transportation for pupils to schools in the District consistent with provisions of RSA 189:6, RSA 189:6-a, RSA 189:9, and RSA 189:9-a provided that they live one mile or more from the school. Exceptions that are in the best interest of student safety may be made by the Superintendent or designee.
General Operating Policy
Bus routes, stops and schedules shall be established annually, under the direction of the Superintendent or his/her designee in cooperation with the pupil transportation contractor subject to review by the School Board. Routes will be developed annually and posted.
Pupils attending private schools and charter schools shall be entitled to the same transportation privileges within the District as are provided for pupils in public school within the District.
Routes will use the most direct roads safe for bus travel. Where an alternate route may be selected without sacrifice to efficiency or economy, preference will be given to that route serving the larger number of students more directly. School buses will not travel on unsafe roads.
New routes shall be established in the interest of efficiency, or when full capacity of the trips on existing routes has been reached.
School schedules may be adjusted to allow maximum utilization of each bus in the system.
The Superintendent or his/her designee may modify approved routes, stops, and/or schedules during the school year if conditions warrant such a modification. All modifications to any bus route will be reported to the ConVal School Board.
Approved bus stops shall be located at safe and appropriate intervals in places where students may be loaded and unloaded. Drivers may not load or unload pupils at other than authorized bus stops.
The number of bus stops on each trip shall be limited to enable buses to maintain a reasonable average speed and not to exceed the established times of the routes.
Student Conduct on School Buses
Bus drivers have the responsibility to maintain orderly behavior of students on school buses and will report in writing misconduct to the student's Principal. The school principal will have the authority, to suspend the riding privileges of students failing to conform to Board rules and regulations. Parents of children whose conduct on school buses endangers the health, safety, and welfare of other riders will be notified that their children face the loss of school bus riding privileges in accordance with the student discipline code. The Board must approve suspensions of the right to ride the school bus that continue beyond twenty (20) days.
Resolution of Conflicts
Parents who wish to request a change or exemption from any of the Student Transportation policies shall direct that request to the SAU Business Administrator. If the SAU Business Administrator ruling does not satisfy the parent, he/she may appeal the ruling within15 days to the Superintendent. If the parent is again not satisfied by the ruling, he/she may appeal within 15 days to the School Board.
Legal References:
RSA 189:6, Transportation of Pupils
RSA 189:8, Limitations and Additions
RSA 189:9, Pupils in Private Schools
RSA 189:9-a, Pupils Prohibited for Disciplinary Reasons
RSA 193:12, Legal Residency Required
RSA 194-B:2, V, Chartered Public Schools; Establishment
Appendix: EEA-R & JICC-R
Category: R
See also: , EEAEC, JICC
1
st Read: November 1, 2016
2
nd Read: November 15, 2016
Adopted: November 15, 2016
[post_title] => EEA - Student Transportation Services
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[post_modified] => 2019-05-17 13:21:39
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[post_date] => 2018-12-28 10:30:35
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[post_content] =>
Procedure for Requesting Bus Stop Change
- Complete form and send to Student Transportation of America (STA) at:
364 Hancock Rd
Peterborough, NH 03458
- The proposed stop evaluation will be completed by the bus company.
- You will be notified within ten days of decision, if request is denied you may appeal the decision to the business administrator.
- You may appeal the decision of the business administrator to the superintendent within the next ten-day period.
- Final appeals may be made to the ConVal Budget & Property Committee.
School Bus Stop Change Request Form
Parent:_____________________________________________________
Student’s Name: _______________________________________________Grade:____________
Address:__________________________________________________________
Town:_____________________ State: _____________ Zip: _________________
Phone:__(_____)___________________________________________________
Bus Route #:____________ Current Stop Location:___________________________
Residential____________Commercial____________Industrial____________Other_____
Proposed Stop Location:__________________________________________________________
Reason for Change:___________________________________________________________
Date:_____________________________________________________________
SCHOOL BUS STOP CHANGE EVALUATION FORM
This form is designed to assist the bus company in evaluating current or proposed bus stops. Please use blue or black ink when completing this form.
Reason for Stop Change:___________________________________________________
Location of Proposed Stop:_______________________________________________
Date Evaluated_______________________Time Evaluated:_______am________pm
This area is: Residential________Commercial________Industrial________Other
Posted Speed Limit:__________MPH
During Observation, traffic was: Light________Medium________Heavy________
Types of Vehicles Observed______________________________________________
Number of Students at Stop:_________Grade Level of Students___________________
School Bus Stop Evaluation Data Yes No N/A
- Is the bus stop located at least 100’ prior to a right-turn lane?
- Is the stop located in a right-turn lane?
- Is the stop located at least 100’ after an acceleration/merge lane?
- Is the stop at least 100’ from railroad tracks?
- Is the stop visible minimum 500’ in a 35 MPH or higher speed zone?
- Is the stop visible a minimum 750’ in a 35 MPH or higher speed zone?
- Is the stop located on a roadway that is used by heavy, commercial traffic?
- Is the stop located near a retention pond or small body of water with a physical barrier between the stop and water, i.e. a guardrail or fence?
- Is the stop located near an access/egress driveway of a commercial strip mall or apartment complex which would cause students to walk across traffic moving at 5 MPH or faster?
- Is the stop free of obstructions that lessen student, motorist and school bus driver visibility including shrubbery, utility poles, walls, fences, trees, parked cars and/or other obstructions?
- Does the stop location allow for sufficient water drainage/runoff?
- Is the stop located within ¼ mile of another bus stop for the same route?
- Is there sufficient room at the stop away from the roadway for students to safely wait for the school bus?
- Is there sufficient room at the stop for students to de-board the bus then walk at least 15’ away from the bus before it departs the stop?
- In the absence of a sidewalk, is there a space/path minimum 4’ wide that provides access/egress to/from the stop?
SKETCH OF SCHOOL BUS STOP
Be sure to include all relevant traffic signals, signs, pavement markings, sight obstructions, student and motorist behavior and roadway deficiencies at the stop.
COMMENTS
Note any unusual pedestrian or vehicular movements that occurred during the observation
Print Name Sign Name Date
Please forward this Evaluation Form to Student Transportation of America
Thank You!!
September 10, 2008
[post_title] => EEA-R -- Student Transportation Services
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[post_content] => The School Board authorizes the use of video devices on District property to ensure the health, welfare, and safety of all staff, students and visitors to District property and to safeguard District buildings, grounds, and equipment. The Superintendent will approve appropriate locations for surveillance devices. Placement of the video cameras will be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy in public areas or quasi-public areas or at public events. Such locations may include gymnasiums, libraries, cafeterias, hallways and outside perimeters.
Signs will be posted on school building to notify students, staff and visitors that video cameras may be in use. Parents and students will also be notified through the student handbook.
Copies of video recordings from surveillance cameras will normally be retained for a period of two weeks and thereafter will be erased either by deletion or copying over with a new recording. If a recording contains evidence of any misconduct or crime, it will be retained until the matter has been fully resolved. Any release or viewing/listening of recordings will be in accordance with the law and will take into consideration the privacy rights of students depicted on the recording.
Recordings from surveillance cameras may be reviewed by District personnel for disciplinary or investigative purposes and may be used as evidence in any disciplinary or criminal proceedings.
Recordings from surveillance cameras will not be used in connection with the annual evaluation of teachers under the ConVal Teacher Evaluation Plan.
Recordings from surveillance cameras are not considered educational records under FERPA, unless they are maintained as part of a student disciplinary proceeding.
Category: R
See Also: EEAB Video and Audio Recording For Instructional and Professional
Development Purposes
EEAE (School Bus Safety Program)
Legal References:
RSA 189:65, Definitions
RSA 570-A:2
RSA 189:68(IV) Student Privacy
20 USC 1232g, Family Education Rights and Privacy Act (FERPA)
34 CFR Part 99, Family Education Rights and Privacy Act Regulations
1st Read: August 9, 2016
2nd Read: August 23, 2016
Adopted: August 23, 2016
[post_title] => EEAA - Video Surveillance on School Property
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[post_modified] => 2016-09-19 07:58:17
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[post_content] => The ConVal School District is committed to the use of technology to enhance the education of its students. The District acknowledges that video, digital video, and audio recording (“recording”) in the classroom may be useful for instructional and/or professional development purposes.
The decision whether or not to conduct video, digital video, or audio recording for educational purposes shall be made in the first instance by the classroom teacher and their request shall be documented in writing and placed on file with the building principal. All such recordings shall be deemed the copy written property of the ConVal School District and shall not be reproduced without the District’s express permission. Recordings shall not be sold. Recordings made for instructional use are intended to provide information for pedagogical and scholarly study. In the case of recording for educational purposes, only the student(s) or instructor, on whose behalf a request for recording is made, will be granted access to that recording. The building principal or an administrator may authorize others to view an existing recording on a case-by-case and as-needed basis.
The decision whether or not to conduct video, digital video, or audio recording for professional development purposes shall be documented in writing and approved by the building principal. All such recordings shall be deemed the copy written property of the ConVal School District and shall not be reproduced without the District’s express permission. Professional development recordings shall not be sold. Recordings made for professional developmental purposes shall, to the extent possible, be made in a manner that focuses upon the educator participating in the professional development activity and which minimizes any student privacy concerns. The recirculation of the recording shall be limited in scope to those individuals participating in the professional development process, and shall only occur with the prior permission of the building principal. To the extent students are included in the recording, steps shall be taken such as video editing and proper camera angles to preserve student privacy. When a recording is no longer necessary for professional development purposes, it shall be erased.
Student recording as an accommodation in their Individualized Education Plan or Section 504 Plan shall not be deemed a school recording. All recordings made as an accommodation, or for instructional recovery or academic study shall be erased at the end of the semester or when they are no longer needed, whichever is the latter event. If the classroom teacher wishes to preserve a recording for future instructional purposes, they shall seek permission from the building principal to preserve the recording.
The District may use audio or video recordings in connection with the instruction of teacher interns or student teachers, after providing written notification to the parent/legal guardian of each student in the class. The notice must include the purpose of, and privacy policy for, the recordings. The Superintendent or his/her designee is authorized to develop procedures and forms pertaining to the use of such recordings.
CONVAL SCHOOL BOARD
The District shall not record a school classroom for the purpose of teacher evaluations, as defined by the ConVal Teacher Evaluation Plan, without first obtaining the written consent of the teacher and each adult student or minor student’s parent or legal guardian. To the extent instruction occurs in quasi-public areas, such as gymnasiums, cafeterias, libraries, hallways or elsewhere on school grounds, and such areas are equipped with surveillance cameras, for security and safety purposes, such recordings shall not be used by administrators in connection with the annual evaluation of teachers under the ConVal Teacher Evaluation Plan, but may be used for any other lawful purpose.
This policy was originally adopted on November 17, 2015 after a public hearing conducted by the ConVal School Board.
Category: O
See Also: EEAA Video Surveillance on School Property
EEAE School Bus Safety Program
Legal References:
RSA 189:68(IV)- (V) 20 U.S.C. § 1232g, Family Education Rights and Privacy Act (FERPA) 34 CFR Part 99, Family Education Rights and Privacy Act Regulations
1st Read: August 9, 2016
2nd Read: September 6, 2016
Adopted: September 6, 2016
[post_title] => EEAB – Video and Audio Recording For Instructional and Professional Development Purposes
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[post_content] => The safety and welfare of student riders will be the first consideration in all matters pertaining to transportation. Safety precautions will include the following:
1. Children will be instructed as to the proper procedure for boarding and exiting from a school bus and in proper and safe conduct while aboard.
2. Emergency evacuation drills will be conducted at least two times a year (Oct.-May) to acquaint student riders with procedures in emergency situations.
3. All vehicles used to transport children will be inspected on a regular schedule to see that they meet applicable safety regulations.
4. All drivers will be screened before employment for physical condition, proper license, and experience. The prior driving record of each driver will be checked for drug and alcohol or other convictions and a criminal records check must also be completed.
5. The School Board authorizes use of video and/or audio surveillance on school buses to ensure the health, welfare, and safety of all students while riding on school buses. Use of such surveillance will be in accordance with policy ECAF, Audio and Video Surveillance On School Buses.
6. In the event an audio or video recording is used as part of a student discipline proceeding, such video may become part of a student’s education record. If an audio or video recording does become part of a student’s education record, the provisions of Policy JRA shall apply. The Superintendent is authorized to contact the District’s attorney for a full legal opinion relative in the event of such an occurrence.
7. The School District or independent contractor will comply with all state and federal laws and regulations pertaining to the operation of school buses and will make these requirements known to bus drivers. It will also cooperate with local safety officials in formulating and accomplishing its school bus safety program.
Legal References:
20 U.S.C. §1232g, Family Educational Rights and Privacy Act
RSA 189:6-a, School Bus Safety
RSA 570-A:2, Interception and Disclosure of Telecommunication or Oral Communications Prohibited
Category: R
Appendix EEA-R, JICC-R
See Also Policies EEA, JICC
1st Read: April 15, 2014
2nd Read: May 6, 2014
Adopted: May 6, 2014
[post_title] => EEAE - School Bus Safety Program
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1. Statement of Policy
The School Board believes that the safety of students while being transported to and from school or school activities is of utmost importance and is the primary responsibility of the driver of the vehicle.
This policy applies to two categories of drivers:
a. school bus drivers (see RSA 189:13-b; 263:29 & 29-a);
b. “contracted carriers”: drivers of vehicles designed to transport 16 or more passengers, including the driver, which are a contract carrier of passengers that has been contracted by the school (see RSA 376:2).
Each driver, as well as others who perform safety-sensitive functions with commercial vehicles that transport students, must be mentally and physically alert at all times while on duty. To that end, the Board has established this policy related to the fitness for duty of transportation personnel.
The Superintendent/designee shall adopt and enact any procedures necessary or appropriate to assure compliance with applicable state and federal laws and regulations.
2. Medical Examination of School Bus Operators
In accordance with RSA 200:37, before employing any person as a school bus driver, directly or through a vendor, the District shall require that such persons submit a certificate signed by a licensed physician setting forth the physician’s findings as a result of the examination to determine the physical condition of drivers in accordance with the requirements of 49 C.F.R. Part 391.41-391.49. Such certificate shall be submitted to the District prior to the commencement of such employment and the District shall retain a copy of such certification. Every 2 years thereafter, either prior to the commencement of the school year or prior to the reemployment of such persons as a school bus driver, the School District shall require submission of a like certificate, except that school bus operators attaining the age of 70 shall be required to undergo an annual examination and to submit a certificate annually.
This provision does not apply to contracted carriers.
3. Certification
No person shall be employed as a school bus driver, directly or through a vendor, unless the person has received a School Bus Driver’s Certificate from the NH Department of Motor Vehicles as required by RSA 263:29.
Contracted carriers shall comply with all applicable provisions of RSA 376:2, as well as have a valid commercial driver’s license and operate a vehicle with a valid state inspection sticker.
4. Criminal Background Investigation
Before employing any person as a school bus driver, directly or through a vendor, or as a contracted carrier, the School District shall require a criminal background investigation as set forth in RSA 189:13-a and School District policy GBCD. For a school bus driver employed directly by or who volunteers for the District, then the employee will pay for the investigation. If the District contracts with a vendor to provide transportation services, either the vendor or the driver will pay for the investigation at the discretion of the vendor.
5. Mandatory Drug and Alcohol Testing
In compliance with the United States Department of Transportation’s Title 49 Code of Federal Regulations, Part 391, all commercial driver’s license holders and personnel performing safety-sensitive functions related to the transportation of the students of this School District will be required to submit to drug and alcohol testing. Testing procedures and facilities used for the tests shall conform to the requirements of the 49 C.F.R. Part 40. The District and any transportation contractor transporting students on behalf of the District shall utilize the Drug and Alcohol Clearinghouse to comply with all requirements for drug and alcohol testing and reporting, in accordance with 49 C.F.R. Parts 382 and 391.
The term “CDL holder” means someone who is required as part of their job duties to hold a Commercial Driver’s License. The term “safety-sensitive function” refers to all tasks associated with the operation and maintenance of commercial vehicles. A “commercial vehicle” is any vehicle capable of carrying 16 or more passengers including the driver.
If the School District employs the transportation personnel directly, the District will be responsible for ensuring compliance with the Mandatory Drug and Alcohol Testing requirements. If the School District contracts with a vendor to provide student transportations services, the vendor shall be the employer and provide assurance to the District on an annual basis that they are in compliance with the Mandatory Drug and Alcohol Testing requirements.
The Drug and Alcohol Testing will include pre-employment, random, reasonable suspicion and post-accident testing as defined by Department of Labor Regulations. The School District supports a zero-tolerance policy related to substance abuse. Therefore, any personnel who have a confirmed positive test for drugs or a confirmed alcohol concentration of 0.02 or greater will be terminated from employment.
Legal References:
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §5331
RSA 200:37, Medical Examination of School Bus Operators
RSA 263:29, School Bus Driver’s Certificate
RSA 189:13-a, School Employee & Volunteer Background Investigations
RSA 376:2, VII, Motor Carriage of Passengers
49 C.F.R. § 40.1-40.13 (2001), Transportation Workplace Drug Testing Program
49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing
49 C.F.R. Part 391, Qualifications of Drivers
First Read: November 2, 2021
Second Read: November 16, 2021
Adopted: November 16, 2021
District review/ revision history:
Category: Priority/Required by Law
Related Administrative Procedure: EEAEA-R
[post_title] => EEAEA - Mandatory Drug and Alcohol Testing - School Bus Drivers and Contracted Carriers
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[post_content] => School bus and commercial vehicle drivers shall be subject to a drug and alcohol testing program that fulfills the requirements of the Code of Federal regulations, Title 49, Part 382.
Other persons who drive vehicles designed to transport 16 or more passengers, including the driver, are likewise subject to the drug and alcohol testing program.
Testing procedures and facilities used for the tests shall conform with the requirements of the Code of Federal Regulations, Title 49, §§ 40, et seq.
Pre-Employment Tests
Tests shall be conducted before the first time a driver performs any safety-sensitive function for the District.
Safety-sensitive functions include all on-duty functions performed from the time a driver begins work or is required to be ready to work, until he/she is relieved from work and all responsibility for performing work. It includes driving; waiting to be dispatched; inspecting and servicing equipment; supervising, performing, or assisting in loading and unloading; repairing or obtaining and waiting for help with a disabled vehicle; performing driver requirements related to accidents; and performing any other work for the District or paid work for any entity.
The tests shall be required of an applicant only after he/she has been offered the position.
Exceptions may be made for drivers who have had the alcohol test required by law within the previous 6 months and participated in the drug testing program required by law within the previous 30 days, provided that the District has been able to make all verifications required by law.
Post-Accident Tests
Alcohol and controlled substance tests shall be conducted as soon after an accident as practicable on any driver:
- who was performing safety-sensitive functions with respect to the vehicle, if the accident involved loss of human life; or
- who receives a citation under state or local law, for a moving traffic violation arising from the accident.
Drivers shall make themselves readily available for testing, absent the need for immediate medical attention.
No such driver shall use alcohol for 8 hours after the accident, or until after he/she undergoes a post-accident alcohol test, whichever occurs first.
If an alcohol test is not administered within 2 hours or if a drug test is not administered within 32 hours, the District shall prepare and maintain records explaining why the test was not conducted. Tests will not be given if not administered within 8 hours after the accident for alcohol or within 32 hours for drugs.
Tests conducted by authorized federal, state, or local officials will fulfill post-accident testing requirements provided they conform to applicable legal requirements and are obtained by the District. Breath tests will validate only the alcohol test and cannot be used to fulfill controlled substance testing obligations.
Random Tests
Tests shall be conducted on a random basis at unannounced times throughout the year. Tests for alcohol shall be conducted just before, during, or just after the performance of safety-sensitive functions. The number of random alcohol tests annually must equal 25% of the average number of driver positions. The number of random drug tests annually must equal 50% of the average number of driver positions. Drivers shall be selected by a scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are made.
Reasonable Suspicion Tests
Tests shall be conducted when a supervisor or District official trained in accordance with law has reasonable suspicion that the driver has violated the Districts alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the drivers appearance, behavior, speech, or body odors. The observations may include indications of the chronic and withdrawal effects of controlled substances.
Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before, or just after the period of the work day when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within 2 hours of a determination of reasonable suspicion, the District shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after 8 hours.
A supervisor or District official who makes observations leading to a controlled substance reasonable suspicion test shall make a written record of his/her observations within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier.
Enforcement
Any driver who refuses to submit to a post-accident, random, reasonable suspicion, or follow-up test shall not perform or continue to perform safety-sensitive functions.
Drivers who test positive for alcohol or drugs shall be subject to disciplinary action up to and including dismissal.
A driver who violates District prohibitions related to drugs and alcohol shall receive from the District the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug and alcohol-related problems. The employee shall be evaluated by a substance abuse professional who shall determine what help, if any, the driver needs in resolving such a problem. Any substance abuse professional who determines that a driver needs assistance shall not refer the driver to a private practice, person, or organization in which he/she has a financial interest, except under circumstances allowed by law.
An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated by a substance abuse professional to determine that he/she has properly followed the prescribed rehabilitation program and shall be subject to unannounced follow-up tests after returning to duty.
Return-to-Duty Tests
A drug or alcohol test shall be conducted when a driver who has violated the Districts drug or alcohol prohibition returns to performing safety-sensitive duties.
Employees whose conduct involved drugs cannot return to duty in a safety-sensitive function until the return-to-duty drug test produces a verified negative result.
Employees whose conduct involved alcohol cannot return to duty in a safety-sensitive function until the return-to-duty alcohol test produces a verified result that meets federal and District standards.
Follow-Up Tests
A driver who violates the Districts drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with law. Follow-up alcohol testing shall be conducted just before, during, or just after the time when the driver is performing safety-sensitive functions.
Records
Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in accordance with law. Upon written request, a driver shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests. Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.
Notifications
Each driver shall receive educational materials that explain the requirements of the Code of Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and regulations for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The information shall identify:
- the person designated by the District to answer driver questions about the materials;
- the categories of drivers who are subject to the Code of Federal Regulations, Title 49, Part 382
- sufficient information about the safety-sensitive functions performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;
- specific information concerning driver conduct that is prohibited by Part 382;
- the circumstances under which a driver will be tested for drugs and/or alcohol under Part 382;
- the procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processes, safeguard the validity of test results, and ensure that test results are attributed to the correct driver;
- the requirement that a driver submit to drug and alcohol tests administered in accordance with Part 382;
- an explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences;
- the consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation, and treatment;
- the consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04; and
- information concerning the effects of drugs and alcohol on an individuals health, work, and personal life; signs and symptoms of a drug or alcohol problem (the drivers or a coworkers); and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to an employee assistance program, and/or referral to management.
Drivers shall also receive information about legal requirements, District policies, and disciplinary consequences related to the use of alcohol and drugs.
Each driver shall sign a statement certifying that he/she has received a copy of the above materials.
Before any driver operates a commercial motor vehicle, the District shall provide him/her with post-accident procedures that will make it possible to comply with post-accident testing requirements.
Before drug and alcohol tests are performed, the District shall inform drivers that the tests are given pursuant to the Code of Federal Regulations, Title 49, Part 382. This notice shall be provided only after the compliance date specified in law.
The District shall notify a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of his/her employment application.
The District shall notify a driver of the results of random, reasonable suspicion, and post-accident drug tests if the test results are verified positive. The District shall also tell the driver which controlled substance(s) were verified as positive.
Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes. Such a substance may be used only if the physician has advised the driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.
[post_title] => EEAEA-R -- Drug And Alcohol Testing for School Bus and Commercial Vehicle Drivers
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[post_content] => Students using District transportation must understand that they are under the jurisdiction of the School from the time they board the bus until they exit the bus.
Students transported in a school bus shall be under the authority of the District and under control of the bus driver. Continued disorderly conduct or persistent refusal to submit to the authority of the driver shall be sufficient reasons for a student to be denied the privilege of transportation in accordance with the regulations of the Board.
The driver of the bus shall be held responsible for the orderly conduct of the students transported. Each driver has the support of the Board in maintaining good conduct on the bus. If a student is to lose the privilege of riding the bus, advance warning will be given, except for extreme misconduct.
The Superintendent or his/her designee will develop rules and regulations for conduct on buses, and these shall be printed in the Parent-Student Handbook, and made available in another language or presented orally upon request.
Legal References:
RSA 189:6-a, School Bus Safety
NH Code of Administrative Rules, Section Ed. 306.04(d)(1), School Safety
NH Code of Administrative Rules, Section Ed. 306.04(f)(4), Student Discipline
Appendix: EEA-R & JICC-R
See also: EEA, JICC
Category: Recommended
1st Reading: September 2, 2008
2nd Reading: September 30, 2008
Adopted: September 30, 2008
[post_title] => EEAEC -- Student Conduct On School Buses
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[post_content] => Any use of private vehicles to transport students to or from school, field trips, athletic events, or other school functions, must have prior authorization by the Superintendent or his/her designee. Nothing in this policy shall prohibit a parent or guardian from transporting their child to or from school for daily attendance. Nothing in this policy shall limit the authority of the Superintendent or his/her designee from contracting with a private vendor to provide student transportation in a manner consistent with the laws of the State.
The Board specifically forbids any employee to transport students, except the employee’s own children, for school purposes without prior written authorization by the Superintendent or his/her designee. Any employee seeking such permission shall be required to provide proof of a valid driver’s license, (one not subject to suspension) and to disclose whether in the past ten (10) years they have been convicted of reckless operation of a motor vehicle, driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic. Permission shall not be granted to any employee who lacks a valid driver’s license free of suspension, or who has been convicted of the aforementioned offenses. Individuals providing unauthorized student transportation do so without District permission and at their own risk, expense and liability.
Any employee or private citizen using their own or a rented vehicle to provide school-authorized student transportation must have automobile liability insurance of not less than $300,000 Combined Single Limit, provide a Certificate of Insurance naming the District as an Additional Insured and be a designated volunteer. The District will maintain liability insurance, which shall be deemed in excess of the owner's primary insurance for authorized student transportation.
To use a private vehicle for other school purposes, the employee must have the written permission of the Superintendent or his or her designee. Any employee seeking such permission shall be required to provide proof of a valid driver’s license, (one not subject to suspension) and to disclose whether in the past ten (10) years they have been convicted of reckless operation of a motor vehicle, driving under the influence of intoxicating liquors or controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic. Permission shall not be granted to any employee who lacks a valid driver’s license (one free of suspension). Permission shall not be granted to any employee or who has been convicted of the aforementioned offenses unless the employee provides the Superintendent or his/her designee with clear and convincing evidence of mitigating circumstances post-conviction, whereupon permission may be granted to the employee to use a vehicle for other school purposes, but not for student transportation.
This permission may be in the form of a standing permit for employees who use their own cars regularly for school purposes. The permit shall state the particular purpose, and whether it includes transportation of students.
For all special trips involving students, including field trips, a special permit must be obtained in advance for the specific trip.
The employee who transports a student without the authorization described above shall be deemed to have acted outside the scope of their authority and the district shall assume no responsibility for indemnification of the employee in the event of a third party claim arising from an accident. The Board specifically forbids any employee to transport students for school purposes without prior authorization by the Superintendent or his or her designee, except in the case of an imminent health or safety emergency involving a student where no other emergency transportation alternative is available In such an event, the employee shall immediately report the circumstances to the Superintendent or his/her designee
No student shall be sent on school errands using any automobile.
Reimbursement for use of private vehicles will be made only when the staff person has prior approval of the responsible administrator and any reimbursement shall be subject to any other applicable reimbursement policies and requirements of the District
Legal References:
New Hampshire Code of Administrative Rules Section Saf-C 1304.05, Exemption From School Bus Driver's Certificate
NH RSA 259:96-a.
NH RSA 189:6-c.
Category: R – Recommended
First Read: May 7, 2019
Second Read: May 21, 2019
Adopted: May 21, 2019
[post_title] => EEAG -- Use of Private Vehicles to Transport Students and for Other School Purposes
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USE OF PRIVATE VEHICLE FORM
ConVal School District
Use of Private Vehicle Form
All drivers transporting Contoocook Valley School District students to and from curriculum and extra-curricular activities must follow the minimum requirements and provide an original document* (for photocopying items 1-3) and indicate confirmation of items 4 & 5:
- Valid Driver’s License*.
- Current Motor Vehicle Registration*.
- Current State approved automobile insurance* providing minimum liability coverage of $300,000 in the event of an accident. It must be understood that the required insurance is the minimum and represents the primary insurance on the vehicle and occupants.
- Current Motor Vehicle Inspection _____YES _____ NO
- At least one working seat belt per vehicle occupant. _____ YES _____ NO
As the driver of this vehicle, I will transport _________# of students, from ________________________ to
______________________________________ on ________________ and return.
Photocopies of the following documents have been recorded (completed by school):
(Please resubmit if information changes)
Current Motor Vehicle Registration* _____ YES _____ NO
Current State-Approved Auto Insurance _____ YES _____ NO
Valid Driver’s License _____ YES _____ NO
In addition, all drivers must adhere to the following:
a. Drivers must ensure that all passengers are properly seated and secured by seat belts and child restraints as required by state law. Younger students will be seated in the rear seat of the vehicle. The on/off switch for passenger side air bags will be set to manufacturer’s safety specifications.
b. Drivers will not use hand held communication devices such as, but not limited to, cell phones while operating a moving vehicle. In the event any of these devices are needed to be used, park the vehicle.
c. Smoking is prohibited in the presence of students.
I state from personal review and knowledge that the above vehicle meets all minimum requirements as identified in items 1-5 above and will comply with the above-mentioned a, b, and c.
Driver: ______________________________________ Date: ____________________
Signature
Printed Name: __________________________________________________________
Received by: _________________________________ Date: ____________________
Principal or designee
Ref: EEAG, IJOA
Updated May 2019
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[post_content] => The ConVal School District shall provide a food services program within the appropriate regulations of the U.S. Department of Agriculture and State Department of Education, or any other entity with proper jurisdiction over the program.
All food service personnel will be directly responsible to the Food Service Manager, or in the event of outsourcing, to the contractor and ultimately responsible to Superintendent or designee.
The Food Service Manager (or contractor) is responsible for the planning and preparation of food served in the food service program, ensuring full compliance with the State of New Hampshire’s education rules and regulations. All food will comply with the nutrition standards as set forth by the USDA Guidelines and the District’s Wellness program.
The Food Service Manager (or contractor) will order supplies, keep accurate records of financial transactions connected with the food service program, and prepare all records and reports as required.
The Food Service Manager (or contractor) will be certified by a NH Department of Education approved program.
All food service employees shall, within their first year of employment, obtain a certificate of completion for an approved sanitation course.
The Food Service Manager (or contractor) will make recommendations to the Superintendent, or designee concerning personnel and operational matters related to the food service program.
Please see Policy EFC for free and reduced lunch information and Policy EFDA regarding payment options.
Legal References:
RSA 189:11-a, Food and Nutrition Programs
NH Code of Administrative Rules, Section Ed. 306.11, Food and Nutrition Services Section 204
of Public Law 108-265, Child Nutrition and WIC Reauthorization Act of 2004
Category: R
See also: Policy JLCF
1
st Read: November 1, 2016
2
nd Read: November 15, 2016
Adopted: November 15, 2016
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[post_content] => The School District will support the availability and distribution of healthy foods and beverages in all school buildings during the school day.
The Superintendent or designee is responsible for ensuring that all foods and beverages distributed within the district meet nutritional standards established by state and federal law relative to: (1) nutrient density; (2) portion size; and (3) nutrition targets, as defined in pertinent law.
The Superintendent or designee is responsible for implementing developmentally appropriate opportunities to learn food preparation skills that support nationally recognized research-based nutrition standards. The Superintendent or designee is responsible for providing annual communication information about the policy and procedure and related curricula to the school community.
Legal References:
7 CFR 210.10, Nutrition Standards And Menu Planning Approaches For Lunches And Requirements For Afterschool Snacks
NH Department of Education Administrative Rules, Section Ed 306.04(a)( 23), Availability and Distribution of Healthy Foods
NH Department of Education Administrative Rules, Section Ed 306.11(g), (h) Food and Nutrition Services
Category: P
1
st Read: September 3, 2019
2
nd Read: September 17, 2019
Adopted: September 17, 2019
[post_title] => EFA - Availability And Distribution Of Healthy Foods
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[post_content] => The District encourages all parents and guardians (hereinafter "parents") to provide a healthy breakfast and lunch for their student(s). Parents are welcome to send students to school with a "brown bag/lunch box" meal. The District provides the opportunity to purchase (breakfast and) lunch (as well as after school snacks) from the school cafeteria. Each meal meets or exceeds the federal nutrition standards. Payment is expected no later than when the meal is served. Payment may be in cash (check) or as a debit against funds deposited into an established student lunch account.
The school lunch program is required by federal law to operate as a non-profit which must end each fiscal year without a negative balance. Uncollected debt must be paid to the school lunch program from other funds. Therefore, parents of students required to pay the full or reduced price for meals must ensure that the school lunch program is paid for their student's meals. The District's policy is to quickly escalate efforts to bring student meal accounts into positive balance, to avoid circumstances where these accounts build significant debt.
Student Meal Accounts
The District uses a point-of-sale computerized meal payment system which has an account for all students. Parents of students who will be purchasing meals using this system are required to establish and maintain a positive balance in the student's meal account.
Funds may be deposited into a student lunch account by cash, check, or on-line payment. Cash or checks made out to ConVal Food Service should be presented to the Cashier at the cafeteria, the Principal's Office, or the Food Service Office). A check may also be mailed to: 106 Hancock Road, Peterborough NH 03458. The District utilizes the services of K12PaymentCenter.com. The use of checks or on-line payments is encouraged, as each provides a record. Parents are responsible for any fees charged by the on-line service. In accordance with United States Department of Agriculture ("USDA") guidance SP 02-2015, there will be no processing fee for deposits to a student meal account made by cash or check.
Bank fees incurred on any check returned for insufficient funds will be charged to the parent. The fee may not exceed $25.00, RSA 358-C:5, I.) In accordance with RSA 358-C:5, notice of the fee charged for a check that is returned for insufficient funds shall be included in any letter sent to a Parent seeking payment because the student meal account has a negative balance.
Each notice to parents will include information on how to verify a student meal account balance, to resolve concerns regarding the accuracy of the account balance, or to obtain information on the school meal program, including the name, title, hours when available, phone number, and e-mail address of an appropriate member of the District staff.
Parental Restrictions on Use of Student Meal Account
Parents who establish a meal account for their student are responsible for establishing with their student any restrictions the parent chooses to place on use of the account. Unless restricted by the parent, a student may purchase a la carte items in addition to the regular meal choices. Some students purchase more than one meal at one sitting. (After school snacks may be purchased.) Parents must monitor the student's use of the meal account to ensure that a sufficient balance is available at all times for their student to charge meals. (The District's on-line payment system K12PaymentCenter.com allows a parent to check their students balance at any time.)
The District's policy is to ensure that students have access to healthy meals and that no student will be subject to different treatment from the standard school meal or school cafeteria procedures. Therefore, the District will allow students to purchase a meal, even if the student's meal account has insufficient funds. This policy applies to all meal offerings generally available at the cafeteria, breakfast, lunch, and after school snacks.
Balance Statements
The Superintendent shall establish a procedure at each school requiring that a low balance statement be sent to parents whenever the balance in a student's meal account falls to or below a set amount that approximates the amount typically necessary to pay for one week of meals.
The notices will be sent by e-mail when practical, otherwise by a note, sealed in an envelope, sent home with the student. Notice prior to the account reaching zero is intended to reinforce the requirement that a positive balance be maintained in the student meal account. If a student meal account falls into debt, the initial focus will be on resuming payments for meals being consumed to stop the growth of the debt. The secondary focus will be on restoring the account to routinely having a positive balance. Only[CA1] those District staff who have received training on the confidentiality requirements of federal and state law, including the United States Department of Agriculture's ("USDA") guidance for school meal programs, and who have a need to access a child's account balance and eligibility information may communicate with parents regarding unpaid meal charges. Volunteers, including parent volunteers will not be used to communicate with parents regarding unpaid meal charges. 42 U.S.C. 1758(b)(6).
Free or Reduced Price Meals
The District participates in the federally supported program to provide free or reduced price meals to students from families whose economic circumstances make paying for meals difficult. Income guidelines for eligibility are based on family size and are updated each year by the USDA. The District will ensure parents are informed of the eligibility requirements and application procedures for free or reduced cost meals as well as the requirements of this policy.
Parents shall be provided with a copy of this policy and an application for free or reduced cost meals annually at the start of the school year through a mailing or in the parents' handbook, upon enrollment of a transfer student during the school year, and as a component of all notices sent to parents seeking payment to correct a negative balance in the student meal account. The communication explaining the availability of the free or reduced price meals shall include all the elements required by federal regulation, 7 C.F.R. 245.5. Each notice shall also identify a member of the District staff, with contact information, who is available to answer questions or assist the parents with applying for free or reduced price meals.
As required by the Civil Rights Act of 1964 and USDA guidance, parents with Limited English Proficiency ("LEP") will be provided with information on this policy and the free and reduced price meal program in a language the parents can understand. The District will utilize USDA and community resources to fulfill this requirement. This policy and links to application materials for the free or reduced price meal program will be posted on the school web site and made available to parents at each school.
The District will proactively enroll students found to be categorically eligible into the free or reduced price meal program. The District will seek to enroll eligible students in the free or reduced price meal program upon learning from any source of the student's potential eligibility. When eligibility is established, the District will apply the earliest effective date permitted by federal and state law.
The District will provide a copy of this policy and application materials for free or reduced price meals to town welfare offices/human services offices and other local social service agencies who may have contact with parents who are confronting layoffs or other financial hardship.
Students Without Cash in Hand or a Positive Account Balance
Regardless of whether a student has money to pay for a meal or has a negative balance in the student meal account, a student requesting a meal shall be provided with a meal from among the choices available to all students. The only exception will be where the student's parents have provided the District with specific written direction that the student not be provided with a school lunch program meal, the student has a meal sent from home, or otherwise has access to an appropriate meal. Under no circumstances will a student's selected meal be thrown away because of the status of the student's meal account.
It is the parents' responsibility to provide their student with a meal from home or to pay for school prepared meals. Therefore, the District's policy is to direct communications to parents about student meal debt. When parents chose to provide meals sent from home, it is the parents' responsibility to explain to their student the necessity of the student not using the school meal program.
Initial efforts to contact parents will be by e-mail or phone, however if those efforts are unsuccessful, letters to parents may be sent home in sealed envelopes with the student. Resolution of the problem should seek to ensure the student has ongoing access to an appropriate meal.
Should the student's meal account balance fall below zero, a balance statement requesting immediate payment shall be sent to parents no less than once each month.
If the student's meal account balance debt grows to $50.00 or more a letter demanding immediate payment shall be sent by US Mail to the parent or the parent shall be contacted by the Principal or designee by phone or in person. Where warranted, the Principal or designee may arrange a payment schedule to address current meal consumption and arrearages while the school continues to provide the student with meals.
If the student's meal account debt grows to $50.00 or more the parents will be requested to meet with the principal. When appropriate, the Principal or designee should explore with the parents whether an application for free or reduced cost meals is warranted. Where extenuating circumstances of financial hardship exist and the family is not eligible for free or reduced cost meals, the District will work with the parents to identify and engage governmental and private charitable resources which are available to assist the family.
If a student with a negative balance in his or her meal account seeks to purchase a meal with cash or check, the student will be allowed to do so. There is no requirement that the funds be applied first to the debt.
Unresolved Debt
If the Principal determines that the best available information is that the parents are able to pay the expenses of the student's meals and the parents decline to cooperate with resolving the debt in a timely manner, the Principal shall send a letter to the parents directing them to have their student bring meals from home and cease utilizing the school meal program. The student may resume using the school meal program when a positive account balance is restored in the student's meal account. Note: this does not apply to free or reduced priced meals.
If the student continues to use the school meal program, a second letter shall be sent to the parents using certified mail, return receipt requested. Note: this does not apply to free or reduced priced meals.
If parents continue to fail to provide the student with a meal sent from home, continue to fail to provide funds for their student to use the school lunch program, continue to refuse to cooperate with reasonable requests by District staff to address the overdue debt, and the parent is believed to have the ability to pay, the Superintendent may pursue payment through civil legal action, including filing a claim in small claims court pursuant to RSA Chapter 503. The Superintendent is delegated authority to assess the likelihood that civil action will lead to payment, the resources required to pursue collection, and to pursue such action only when doing so is in the best interest of the District. Note: this does not apply to free or reduced priced meals.
The Superintendent shall try to identify non-profit charities that are willing to contribute funds to the district to assist in keeping a positive balance in the meal account of students whose parents do not qualify for free meals and who due to financial hardship are unable to consistently keep the student meal account in a positive balance. If at the end of the fiscal year uncollected debt in student meal accounts must, as a last resort to fulfill federal requirements, be paid to the school meal program from other District funds, the parents' debt for unpaid meal charges shall be owed to the District. Note: this does not apply to free or reduced priced meals.
Applying the policy set forth above, the Superintendent shall determine if further collection efforts are in the best interest of the District. Any payments collected on debt that has been offset with District funds, shall be credited to the District. All debt collection efforts shall comply with RSA Chapter 358-C, New Hampshire's Unfair, Deceptive or Unreasonable Collection Practices Act.
Staff Enforcement of Policy/Training
A copy of this policy and refresher training shall be provided annually to all food service and school staff responsible for serving student meals or enforcing this policy. New staff with these responsibilities shall be provided with a written copy of the policy and training on the policy during their initial training or orientation. In accordance with federal requirements, a record shall be maintained documenting that new staff receive the policy and training. The record must also document that all applicable staff receive a copy of the policy and refresher training annually.
Student with Special Dietary Needs
Nothing in this policy prohibits providing an appropriate meal to a student with special dietary needs such as, but not limited to, diabetes, provided these needs have been documented in a health plan, Section 504, or IEP. If the meal is medically required, and the student has a negative student meal account balance, or does not have cash to purchase the meal, the necessary dietary needs will be met.
To request meal accommodations for students whose dietary needs qualify them for accommodation under law or to file a school meal program complaint with the District, contact ConVal Food Service at phone number 603 924-3336, ext. 2060.
To file a program complaint of discrimination with the USDA, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3) email: program.intake@usda.gov.
This District is an equal opportunity provider.
Nondiscrimination
It is the District's policy that in the operation of child feeding programs, no child will be discriminated against because of race, sex, color, national origin, age, or disability. 7 C.F.R. 245.5(a)(1)(viii). Students will not be denied meals due to the existence of other unpaid charges at the school or for disciplinary reasons.
Assessment for Neglect Reporting
If a student who has been determined to be ineligible for free or reduced cost meals or whose parents have refused to cooperate with filing an application for free or reduced cost meals is consistently not provided with meals, either through a meal sent from home or the payment for a meal through the school meal program, the Principal will assess whether a report of child neglect is warranted to the New Hampshire Department of Health and Human Services, Division for Children, Youth, & Families, as required by RSA 169-C:29-31.
Legal References:
15 U.S.C. § 1692-1695 federal Fair Debt Collection Practices Act (FDCPA)
42 U.S.C. 1758(b)(6), Use or disclosure of information
Civil Rights Act of 1964 & 7 C.F.R. Part 15, Subpart A & B
2 C.F.R. §200.426
7 C.F.R §210.09
7 C.F.R §210.10
7 C.F.R §210.15
7 C.F.R. §245.5
USDA SP 46-2016 - No later than July 1, 2017, all SFA's operating the Federal school meal program are required to have a written meal charge policy.
USDA Guidance SP37-2016: Meaningful Access for Persons with Limited English Proficiency (LEP) in the School Meal Programs
RSA 189:11-a
RSA 358-C , New Hampshire's Unfair, Deceptive or Unreasonable Collection Practices Act;
NH Dept. of Education Technical Advisory - Food and Nutrition Programs
Category: Priority
See also:
JLCF - Wellness
EF - Food Service Management
EFA - Availability and Distribution of Healthy Foods
EFE - Vending Machines
First Read: March 6, 2018
Second Read: March 20, 2018
Adopted: March 20, 2018
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[post_content] => The ConVal School Board recognizes that adequate nutrition is essential to the development, health, and learning of all students. The Superintendent or designee shall facilitate and encourage the participation of students from low-income families in the district's food service program.
The district shall provide at least one nutritionally adequate meal each school day, free of charge or at a reduced price, for students whose families meet federal eligibility criteria.
The Superintendent or designee shall ensure that meals provided through the free and reduced-price meal program meet applicable state and/or federal nutritional standards in accordance with law, Board policy, and administrative regulation.
The Board shall approve, a plan that ensures that students eligible to receive free or reduced-price meals and milk are not treated differently from other students.
Determination of eligibility is made by the Business Administrator in accordance with all applicable law. Appeal of the decision may be made to the Superintendent.
Confidentiality/Release of Records
All applications and records related to eligibility for the free and reduced-price meal program shall be confidential except as provided by law.
The Board authorizes designated employees to use individual records pertaining to student eligibility for any free and reduced-price meal program for the purposes of:
1. Disaggregation of academic achievement data.
2. Identification of students eligible for school choice and supplemental educational services in any school identified for program improvement under Title I of the No Child Left Behind Act.
Legal References:
42 U.S.C. §1751 et seq., National School Lunch Act
Category: O
1st Read: March 6, 2018
2nd Read: March 20, 2018
Adopted: March 20, 2018
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[post_content] => Prior to the start of each school year, parents/guardians shall be advised of meal prices and payment options, as well as information on participation in the Free and Reduced Lunch Program. In order to participate in the school food service program, a signed statement must be returned to the Food Service Director indicating the person(s) responsible for payment. Accounts due may not exceed $50.00 for either staff or students. Any account in excess of $50.00 unpaid for more than 30 days will be considered overdue and responsible persons who have not contacted the Food Service Director with genuine difficulties or acceptable explanation will receive a Notice of Overdue Account. If no payment is received or contact made with the District within 14 days of this letter, the Food Service Director or Assistant Director will contact the responsible party and seek agreement and resolution. If such agreement or resolution is not possible, or should an agreement previously reached not be honored, the account shall be referred to the Superintendent or designee who may pursue such remedy as he deems appropriate including, but not limited to legal action referral to an outside collection agency. In no case will action be taken against a student because of an overdue account.
1
st Read: September 7, 2010
2
nd Read: February 3, 2011
Adopted: February 3, 2011
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[post_content] => The installation and use of vending machines in the schools will be to complement the school lunch program, and encourage students and staff in good eating habits. Contents of vending machines will be in compliance with Policy JLCF, Student Wellness Policy.
Vending machines may be operated by the school food services department. The funds derived from such sales will accrue to the food service program revenue budget.
Vending machines may also be operated by the school. The funds derived from such operation will accrue to the internal accounts fund for the individual school.
Each machine will be clearly marked with notice of which group will operate the machine. The revenue and sales from each machine will be deposited and accrued to the general operating accounts of each respective group.
The Food Services Director and Principal(s) will submit to the Business Administrator annual financial reports on each account.
Category: O
See Also Policy JLCF
1st Read: June 4, 2013
2nd Read: June 18, 2013
Adopted: June 18, 2013
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[post_content] => The ConVal School District adheres to the Copyright Law of the United States (Title 17, U. S. Code). It is imperative that all staff and students recognize the importance of the law and continuously guard against its infringement. It is our intent, as a public school district, to ensure copyright law observance by all members of the district, and to ensure that plagiarism is understood as one form of non-compliance of copyright.
Fair Use Factors/Criteria
Under the “fair use” doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, commentary, news reporting, teaching, scholarship or research. Fair use, as a legal concept, provides the criteria for determining whether copyright work may or may not be used without securing the permission of the copyright holder. Fair use guidelines also apply to transformative uses of copyrighted materials, i.e., when works are used to create new functionality or meaning.
If duplicating or changing a copyrighted work is to fall within the bounds of fair use, these four standards must be met for any of the foregoing purposes:
a) The Purpose and Character of the Use: The use must be for such purposes as teaching or scholarship in a nonprofit organization or institution.
b) The Nature of the Copyrighted Work: Staff may make single copies of book chapters for use in research, instruction or preparation for teaching; articles from periodicals or newspapers; short stories, essays, or poems; and charts, graphs, diagrams, drawings, cartoons, or pictures from books, periodicals, or newspapers.
c) The Amount and Substantiality of the Portion Used: Copying the whole of a work cannot be considered fair use; copying a small portion may be, if these standards are followed.
d) The Effect of the Use upon the Potential Market for or Value of the Copyrighted Work: If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials may be an infringement, and making multiple copies presents the danger of greater penalties.
Anyone responsible for duplication in any format may be liable for breach of copyright. Specifics regarding copyright procedures shall be available to anyone using equipment for duplication purposes (see EGAD-R). The individual user shall maintain a record of copyright permissions.
Members of the ConVal community who are uncertain regarding copyright compliance in the use of any materials are encouraged to seek out the advice and assistance of library media specialists and technology integrators. Any members of the ConVal community who observe copyright violations should report such concerns to the building Principal, who will then determine if the Superintendent or other administrators need to be informed.
Legal Reference:
US Code Title XVII, Public Law 94-533, United States Copyright Act of 1976.
See also: http://www.copyright.gov/title17/circ92.pdf
Category: R
See EGAD-R
1st Read: January 7, 2013
2nd Read: January 21, 2014
Adopted: January 21, 2014
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[post_content] => The Superintendent is hereby designated the custodian of all District governmental records, including but not limited to, minutes, documents, writings, letters, memoranda, e-mails, or other written, typed, copied, electronic or developed information received, possessed, assembled, or maintained by this District.
-
- All requests, in accordance with RSA 91-A:4, are to be forwarded to the Superintendent immediately upon receipt. If the requested governmental records exist, are properly disclosed to the public, and are readily available, the requested records shall be promptly made available for inspection or if requested, copies provided. No fee shall be charged to inspect governmental records. A fee may be charged for copies that reflects the actual cost of making a paper copy or the actual cost of the electronic media onto which a copy is placed for delivery.
- If the existence or location of the requested governmental records, in accordance with RSA 91-A:4, is uncertain, if a determination needs to be made as to whether some or all of the requested records are confidential or exempt from disclosure, if legal advice is needed regarding the request, or if redacted copies must be prepared to provide the properly disclosed records while preserving the confidentiality of information which is not properly disclosed, the Superintendent will within five (5) business days of the request respond to the requestor in writing acknowledging receipt of the request and providing a statement of the time reasonably necessary to determine whether the request shall be granted or denied.
- The Superintendent or designee may contact the person making the request, if the request is unclear or will be time consuming and onerous to fulfill, to determine if the person will clarify the request or agree to narrow the request. Any clarification or narrowing of the request shall be documented in writing and a copy provided to the person making the request.
- In accordance with RSA 91-A:4, if the Superintendent finds the requested governmental records exist and to be public in nature, he or she shall notify the person making the request and make the records or a copy of the records available for inspection. If requested, copies will be provided at cost. If the requested governmental records, in accordance with RSA 91-A:4 do not exist, the party requesting the information will be informed in writing that the requested governmental records do not exist.
- If the Superintendent finds the information not to be public in nature, he or she shall inform the requesting party in writing that the governmental records requested are not a public record and cannot legally be disclosed.
- If the Superintendent is unable to ascertain whether or not the information requested is public in nature, or whether the Right-to-Know law requires preparation of a copy of the governmental record that discloses public information while redacting confidential information/information exempt from disclosure, he or she is hereby authorized to request, on behalf of the Board, an opinion from the Board's attorney as to the nature of the information. Such opinion requests will be made promptly following the request for the information. The Superintendent shall notify the person making the request in writing that additional time will be needed to determine if the request will be granted or denied. Upon receipt of an opinion from legal counsel, the Superintendent will promptly notify the person making the request of the outcome of the determination and where legally appropriate make the records available for inspection or copying.
Legal References:
RSA 91-A:4, Minutes and Records Available for Public Inspection
Category: Recommended
See Also Policy EHB
1
st Read: September 3, 2019
2
nd Read: September 17, 2019
Adopted: September 17, 2019
[post_title] => EH - Public Use Of School Records
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Overview
The ConVal School District provides its students access to a multitude of technology resources. These resources provide opportunities to enhance learning and improve communication within our education community and with the global community beyond our campus. However, with the privilege of access is the responsibility of students to exercise appropriate personal responsibility in their use of these resources.
The ConVal School District policies are intended to promote the most effective, safe, productive, and instructionally sound uses of networked information and communication tools, including preventing unauthorized disclosure of, or access to, information protected by the Family Educational Rights and Privacy Act (FERPA). The District also makes a good faith effort to protect its students from exposure to Internet materials that are harmful, obscene, violent, or otherwise inappropriate. The District maintains an Internet content filtering system that meets federal standards established in the Children’s Internet Protection Act (CIPA) and Children’s Online Privacy Protection Act (COPPA) by blocking access to inappropriate material on the Internet and ensuring the safety and security of minors when using email, social media, and other forms of direct electronic communications.
Digital Citizenship
The ConVal School District provides information and technology resources for use in safe, legal, and responsible ways. A responsible digital citizen is one who:
1. Respects one’s self. Users will use online names that are issued to them, and will carefully consider the appropriateness of any information and images that are posted online.
2. Respects others. Users will refrain from using technologies to bully, tease, or harass other people. Users will not masquerade using a false identity or impersonate others.
3. Protects one’s self and others. Users will protect themselves and others by using secure passwords, logging out of a computer when finished, not sharing passwords with others, and by reporting abuse and not forwarding inappropriate materials or communications.
4. Respects and protects intellectual property. Users will suitably cite any and all use of websites, books, media, etc., and will request to use the software and media others have produced.
5. Respects the District’s technology equipment, network, and resources. Users will avoid bandwidth-intensive tasks, the transfer of unnecessarily large files, and the submission of multiple copies of the same print job to a printer. Users are prohibited from attempting to install or download software onto District-owned computers.
6. Protects the conval.edu and cvsd.me domains from inappropriate use. Users will use District-provided accounts and subscriptions for school work only. Users will respect filters and other security systems and not attempt to defeat them.
To help ensure student safety and citizenship in online activities, all students will be educated about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and about cyberbullying awareness and response.
Expectations
Responsible use of the District’s technology resources is expected to be ethical, respectful, academically honest, and supportive of the School District’s mission. Each computer user has the responsibility to respect every other person in our community and on the Internet. Digital storage and electronic devices used for school purposes are viewed as extensions of the physical school space. Administrators, or their designees, may review files and communications (including electronic mail) to ensure that users are using the system in accordance with District policy. Users do not have any expectation of privacy of any information stored on servers or transmitted through District communication systems. Users should also understand that school servers, as well as non-school servers, regularly record Internet activity in log files and that, if requested under New Hampshire’s “Right to Know” law (RSA 91-A: Access to Public Records and Meetings), the District must provide this information.
Some activities are expressly prohibited by law. Users are expected to abide by the generally accepted rules of network etiquette. The following guidelines are intended to clarify expectations for conduct, but they should not be construed as all-inclusive:
1. Use of electronic devices should be consistent with the District’s educational objectives, mission and curriculum.2. Transmission of any material in violation of any local, federal and state laws is prohibited. This includes, but is not limited to copyrighted material, licensed material, threatening or obscene material, and unauthorized disclosure, use, and dissemination of personal information of minors.
3. Intentional or unintentional use of computing resources to access or process proxy sites, pornographic material, explicit text or files, material that is demeaning or degrading, content that is violent or harmful to minors, or files dangerous to the integrity of the network are strictly prohibited.
4. Use of computing resources for commercial activities, product advertisement or religious or political lobbying is prohibited.
5. Users may be held personally and financially responsible for damage done to network software, data, user accounts, hardware and/or unauthorized costs incurred.
6. Files stored on District-managed networks may be inspected at any time and should not be considered private.
7. Protects the conval.edu and cvsd.me domains from inappropriate use. Users will use District-provided accounts and subscriptions for school work only. Users will respect filters and other security systems and not attempt to defeat them.
The School District reserves the right to refuse access to the Internet to anyone. Violating any portion of this policy may result in disciplinary action, including suspension or dismissal from school and/or legal action. The School District will cooperate with law enforcement officers in investigations related to illegal activities conducted through its network.
Jurisdiction
This policy is in effect:
● When CVSD-provided equipment (laptops, tablets, etc.) is used on or off school property;
● When non-CVSD devices access the District’s network or District resources in school or out of school if the use creates a hostile environment at school for any student/employee and/or cause disruption or disorder within a school.
Legal References:
U.S. Pub. L. No. 106-554, Children’s Internet Protection Act (www.ifea.net/cipa.html)
U.S. Pub. L. 105-277, 112 Stat. 2581-728, enacted October 21, 1998, Children’s Online Privacy Protection Act of 1998 (COPPA) (15 U.S.C. §§ 6501–6506)
NH RSA 194:3-d, School District Computer Networks.
Category: P
See also JICL
First Read: May 1, 2018
Second Read: May 15, 2018
Adopted: May 15, 2018
[post_title] => EHAA - Internet Safety And Responsible Use Policy For Students
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[post_content] => In accordance with the Contoocook Valley School District Acceptable Use Policy:
No school equipment may be used for other than school, school related, civic, or education purposes.
The Board will permit school equipment to be loaned to staff members when such use is related to their employment and to students when the equipment is to be used in connection with their studies or extra-curricular activities. A written agreement will be used which specifies the borrower’s responsibility to return the equipment in the condition in which it was received, and his/her financial responsibility for any loss or damage.
The equipment described below will be loaned to _____________________________________
(Printed staff member name)
The borrower agrees that use of the equipment will be related to employment activities/ responsibilities. The staff member also agrees to abide by all provisions of the Acceptable Use Procedure for ConVal School District and to abide by all copyright, plagiarism and proprietary information laws when using the equipment. Students may use laptop computers to do assignments of activities ONLY under the direct supervision of the staff member.
The borrower agrees that any loss or negligent damage during the time that the equipment is in the borrower’s possession is the borrower’s financial responsibility. The borrower understands that the equipment will be returned in the same condition in which it was borrowed. Normal “wear and tear” associated with daily use is to be expected.
The borrower also agrees to return the borrowed equipment to the appropriate IT Coordinator twice a year (e.g. December and June) for necessary maintenance and upgrades.
EQUIPMENT
Description Make/Model Number Serial Number
An authorized school representative and the borrower must sign this agreement before the equipment is loaned to the borrower.
______________________________________________ ____________________________
Borrower (Staff member signature) Date
______________________________________________ ____________________________
Authorized School Representative Date
Above equipment has been returned on _________________________
____________________________ _______________________________
Borrower (Staff member signature) Authorized School Representative
[post_title] => EHAA-F: Agreement for Authorized Use of School-Owned Materials
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[post_content] => To accomplish the ConVal School District's mission and comply with the law, the District must collect, create and store information. Accurately maintaining and protecting this data is important for efficient District operations, compliance with laws mandating confidentiality, and maintaining the trust of the District's stakeholders. All persons who have access to District data are required to follow state and federal law, District policies and procedures, and other rules created to protect the information.
A. Definitions
Confidential Data/Information - Information that the District is prohibited by law, policy or contract from disclosing or that the District may disclose only in limited circumstances. Confidential data includes, but is not limited to, personally identifiable information regarding students and employees.
Critical Data/Information - Information that is determined to be essential to District operations and that must be accurately and securely maintained to avoid disruption to District operations. Critical data is not necessarily confidential.
B. Data and Privacy Governance Plan - Administrative Procedures
- Data Governance Plan. The Superintendent, in consultation with the District Information Security Officer ("ISO") (see paragraph C, below) shall create a Data and Privacy Governance Plan ("Data Governance Plan"), to be presented to the Board no later than June 30, 2019. Thereafter, the Superintendent, in consultation with the ISO, shall update the Data Governance Plan for presentation to the Board no later than June 30 each year.
The Data Governance Plan shall include:
(a) An inventory of all software applications, digital tools, and extensions. The inventory shall include users of the applications, the provider, purpose, publisher, privacy statement, and terms of use;
(b) A review of all software applications, digital tools, and extensions and an assurance that they meet or exceed minimum standards set by the New Hampshire Department of Education;
(c) Policies and procedures for access to data and protection of privacy for students and staff including acceptable use policy for applications, digital tools, and extensions used on District hardware, server(s) or through the District network(s);
(d) A response plan for any breach of information; and
(e) A requirement for a service provider to meet or exceed standards for data protection and privacy.
- Policies and Administrative Procedures. The Superintendent, in consultation with the ISO, is directed to review, modify and recommend (policies) create (administrative procedures), where necessary, relative to collecting, securing, and correctly disposing of District data (including, but not limited to Confidential and Critical Data/Information, and as otherwise necessary to implement this policy and the Data Governance Plan. Such policies and/or procedures will may or may not be included in the annual Data Governance Plan.
C. Information Security Officer
The Superintendent or her/his designee is hereby designated as the District's Information Security Officer (ISO). The ISO is responsible for implementing and enforcing the District's security policies and administrative procedures applicable to digital and other electronic data, and suggesting changes to these policies, the Data Governance Plan, and procedures to better protect the confidentiality and security of District data. The ISO will work with the both District and building level administrators and Data managers (paragraph E, below) to advocate for resources, including training, to best secure the District's data.
The Superintendent will also designate an alternate ISO, who will assume the responsibilities of the ISO when the ISO is not available.
D. Responsibility and Data Stewardship
All District employees, volunteers, contractors, and agents are responsible for accurately collecting, maintaining and securing District data including, but not limited to, Confidential and/or Critical Data/Information.
E. Data Managers
All District administrators are data managers for all data collected, maintained, used, and disseminated under their supervision, as well as data they have been assigned to manage in the District's data inventory. Data managers will monitor employee access to the information to ensure that confidential information is accessed only by employees who need the information to provide services to the District and that confidential and critical information is modified only by authorized employees. Data managers will assist the ISO in enforcing District policies and procedures regarding data management.
F. Confidential and Critical Information
The District will collect, create, or store confidential information only when the Superintendent or designee determines it is necessary, and in accordance with applicable law. The District will provide access to confidential information to appropriately trained District employees and volunteers only when the District determines that such access is necessary for the performance of their duties. The District will disclose confidential information only to authorized District contractors or agents who need access to the information to provide services to the District and who agree not to disclose the information to any other party except as allowed by law and authorized by the District.
District employees, volunteers, contractors, and agents will notify the ISO or designee immediately if there is reason to believe confidential information has been disclosed to an unauthorized person or any information has been compromised, whether intentionally or otherwise. The ISO or designee will investigate immediately and take any action necessary to secure the information, issue all required legal notices and prevent future incidents. When necessary, the Superintendent, ISO or designee is authorized to secure resources to assist the District in promptly and appropriately addressing a security breach.
Likewise, the District will take steps to ensure that critical information is secure and is not inappropriately altered, deleted, destroyed, or rendered inaccessible. Access to critical information will only be provided to authorized individuals in a manner that keeps the information secure.
All District staff, volunteers, contractors, and agents who are granted access to critical or confidential information/data are required to keep the information secure and are prohibited from disclosing or assisting in the unauthorized disclosure of such confidential or critical data/information. All individuals using confidential and critical data/information will strictly observe all administrative procedures, policies and other protections put into place by the District including, but not limited to, maintaining information in locked rooms or drawers, limiting access to electronic files, updating and maintaining the confidentiality of password protections, encrypting and redacting information, and disposing of information no longer needed in a confidential and secure manner.
G. Using Online Services and Applications
District staff members are encouraged to research and utilize online services or applications to engage students and further the District's education mission. District employees, however, are prohibited from installing or using applications, programs or other software, or online system/website, that either stores, collects or shares confidential or critical data/information, until the ISO approves the vendor and the software or service used. Before approving the use or purchase of any such software or online service, the ISO or designee shall verify that it meets the requirements of the law, Board policy, and the Data Governance Plan, and that it appropriately protects confidential and critical data/information. This prior approval is also required whether or not the software or online service is obtained or used without charge.
H. Training
The ISO will provide appropriate training to employees who have access to confidential or critical information to prevent unauthorized disclosures or breaches in security. All school employees will receive annual training in the confidentiality of student records, and the requirements of this policy and related procedures and rules.
I. Data Retention and Deletion
The ISO or designee shall establish a retention schedule for the regular archiving and deletion of data stored on District technology resources. The retention schedule should comply with, and be incorporated [by reference] into the data/record retention schedule established under Policy EHB and administrative procedure EHB-R, including but not limited to, provisions relating to Litigation and Right to Know holds as described in Policy [EHB].
J. Consequences
Employees who fail to follow the law or District policies or procedures regarding data governance and security (including failing to report) may be disciplined, up to and including termination. Volunteers may be excluded from providing services to the District. The District will end business relationships with any volunteer, contractor, or agent who fails to follow the law, District policies or procedures, or the confidentiality provisions of any contract. In addition, the District reserves the right to seek all other legal remedies, including criminal and civil action and seeking suspension or revocation of an employee's teaching certificate.
The District may suspend all access to data or use of District technology resources pending an investigation. Violations may result in temporary, long-term or permanent suspension of user privileges. The District will cooperate with law enforcement in investigating any unlawful actions. The Superintendent or designee has the authority to sign any criminal complaint on behalf of the District.
Any attempted violation of District policies, procedures, or other rules will result in the same consequences, regardless of the success of the attempt.
Legal References:
15 U.S.C. §§ 6501-6506 * Children's Online Privacy Protection Act (COPPA)
20 U.S.C. § 1232g * Family Educational Rights and Privacy Act (FERPA)
20 U.S.C. § 1232h * Protection of Pupil Rights Amendment (PPRA)
20 U.S.C. § 1400-1417 * Individuals with Disabilities Education Act (IDEA)
20 U.S.C. § 7926 * Elementary and Secondary Education Act (ESSA)
RSA 189:65 * Definitions
RSA 186:66 * Student Information Protection and Privacy
RSA 189:67 * Limits on Disclosure of Information
RSA 189:68 * Student Privacy
RSA 189:68-a * Student Online Personal Information
RSA 359-C:19-21 * Right to Privacy/Notice of Security Breach
Category: Priority/Required by Law
Related Policies: EHAA, EHB, GBEBD, GBEF, IHBH, JICJ, JICL, JICM, KD, & KDC
First Read: December 19, 2019
Second Read: January 7, 2020
Adopted: January 7, 2020
Reviewed: August 16, 2022
[post_title] => EHAB – Data Governance and Security
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[post_content] => The Superintendent shall develop procedures for a records retention system that is in compliance with RSA 189:29-a, 186-C:10-a, and the New Hampshire Department of Education regulations, as well as all other pertinent state and federal law. These procedures should also address retention/destruction of all other records which are not subject to specific statutes or regulations. The procedures should ensure that all pertinent records are stored safely and are stored for such durations as are required by law. The Superintendent shall develop procedures necessary to protect individual rights and preserve confidential information consistent with the Family Educational Rights and Privacy Act (FERPA).
This policy shall apply to all district records, irrespective of the specific medium of the record, i.e., paper, electronic, digital, cloud, or other media.
Although not exhaustive, the retention of specific records and under specific circumstances are addressed below. However, a review of the procedures referenced above should always occur prior to the destruction of any records.
- Records Pertaining to Students’ Attendance and Scholarship
In accordance with Ed 306.04(h), the District shall maintain complete and accurate records of students' attendance and scholarship permanently safely stored in a fire-resistant file, vault, or safe.
- Special Education Records
-
- Upon a student’s graduation from high school, his or her parent(s)/guardian(s) may request in writing that the District destroy the student’s special education records, including any final individualized education program.
- The parent(s)/guardian(s), or adult student who has graduated or is over the age of 21, may, at any time prior to the student’s twenty-sixth birthday, request, in writing, that the records be retained until the student’s thirtieth birthday.
- Absent any request by a student’s parents or adult student who has graduated or is over the age of 21, to destroy the records prior to the twenty-sixth birthday, or to retain such records until the student’s thirtieth birthday, the District shall destroy a student’s records and final individualized education program within a reasonable time after the student’s twenty-sixth birthday, provided that all such records be destroyed by the student’s thirtieth birthday.
- A permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. 34 CFR 300.624.
- The District shall provide parents/guardians, or where applicable, the adult student, with a written notice of the District’s document destruction policies upon the student’s graduation with a regular high school diploma or at the transfer of parental rights to the adult student, whichever occurs first.
- The District shall provide public notice of its document destruction policy at least annually. The method of destruction for digital, electronic, and cloud-based records shall be thorough enough to ensure that they are deleted and no longer accessible.
- Litigation Hold
On receipt of notice from legal counsel representing the District that a litigation hold is required, the routine destruction of governmental records, including paper and electronic or digital records, which are or may be subject to the litigation hold shall cease. All third-party letters and notices requesting a litigation hold shall promptly be forwarded to legal counsel for the District, and routine destruction of potentially relevant records shall be suspended pending advice of counsel.
The destruction of records subject to a litigation hold shall not resume until the District has received a written directive from legal counsel authorizing resumption of the routine destruction of those records in accordance with the retention requirements of this policy and the associated procedures.
- Right-to-Know Request Hold
On receipt of a Right-to-Know law request to inspect or copy governmental records, the Superintendent shall cease any destruction of governmental records which are or may be the subject of the request. The records shall be retained regardless of whether they are subject to disclosure under RSA Chapter 91-A, the Right-to-Know law. If a request for inspection is denied on the grounds that the information is exempt under this chapter, the requested material shall be preserved for no less than ninety (90) days and until any lawsuit pursuant to RSA 91-A:7-8 has been finally resolved, all appeal periods have expired, and a written directive from legal counsel representing the District authorizing destruction of the records has been received.
Legal References:
- RSA 91-A, Right to Know Law
- RSA 186-C:10-a Retention of Individualized Education Programs
- RSA 189:29-a, Records Retention and Disposition
- NH Code of Administrative Rules, Section Ed 306.04(a)(4), Records Retention
- NH Code of Administrative Rules, Section Ed 306.04(h), Records Retention
- NH Code of Administrative Rules, Section Ed. 1119.01, Confidentiality Requirements
- 20 U.S.C. 1232g, Family Educational Rights and Privacy Act (FERPA)
Category: Priority – Required by Law
Related Policies: EH, EHAB, JRA
See also: EHB-R (Records Retention Schedule)
1st Reading: June 7, 2022
2nd Reading: June 21, 2022
Adoption: June 21, 2022
[post_title] => EHB - Data/Records Retention
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LOCAL RECORDS RETENTION SCHEDULE
Litigation Hold
On receipt of notice from legal counsel representing the District that a litigation hold is required, the routine destruction of governmental records, including paper and electronic records, which are or may be subject to the litigation hold shall cease. The destruction of records subject to a litigation hold shall not resume until the district has received a written directive from the attorney representing the district authorizing resumption of the routine destruction of those records.
Right-to-Know Request - Hold
On receipt of a Right-to-Know law request to inspect or copy governmental records, the Superintendent shall cease any destruction of governmental records which are or may be the subject of the request. The records shall be retained regardless of whether they are subject to disclosure under RSA Chapter 91-A, the Right-to-Know law. If a request for inspection is denied on the grounds that the information is exempt, the requested material shall be preserved for no less than 90 days and until any lawsuit pursuant to RSA 91-A:7-8 has been finally resolved, all appeal periods have expired, and a written directive from the attorney representing the District authorizing destruction of the records has been received.
Retention Periods
The recommended retention periods in the NHSBA sample regulation, except where another statute or rule are cited, are based on the New Hampshire requirements for municipalities as set forth in RSA 33-a:3-a where a category of records is listed in that statute which is not addressed in school law, consideration of the civil statutes of limitation in New Hampshire, and the guidance last issued several years ago by the New Hampshire Department of Education.
Where different retention periods are required or recommended by different sources of legal authority, the longest retention period is recommended, but the shorter period is cited with the source of legal authority.
The General Education Provisions Act (GEPA) 20 U.S.C. 1232f requires that district "shall keep records which fully disclose the amount and disposition by the recipient of [federal] funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit . . . . for three years after the completion of the activity for which the funds are used." Therefore, while other authorities suggest that a purchase order, with accompanying documentation, may need to be retained only until the records are audited, plus 1 year, if the purchase is in part or in whole with federal funds the record must be retained for three years after the completion of the activity for which the funds are used, a much longer period of time. We have tried to flag with an "*" categories of records which may include documents related to the use of federal funds and require retention of those documents for a longer period. Districts will need to decide whether to simply apply the longer period to all documents in the category or to have a system of segregating for longer retention those documents related to use of federal funds.
The NHSBA is engaged in an ongoing effort to identify legal authority, where it exists, for the retention period for each category of records. We plan to issue further updates as this work progresses. This update is being released now, even though that research is not yet complete, because the existing sample regulation has retention periods which we know are not consistent with current law and regulation.
Prior to destroying any class of records for which no definitive legal authority regarding retention is identified, we recommend that each District consult with local legal counsel and your insurance carrier for any recommendations they may have on retention periods. The recommended retention period is a minimum. Unless destruction is required by law, where governmental records have historical value or other considerations warrant retention, the records may be retained for a longer period or permanently.
Special Education Records
Dept of Education Administrative Rule 1119.01, Confidentiality Requirements, section (b)(1)
"An LEA shall not destroy a student's special education records prior to the student's 25th birthday, except with prior written consent of the parent or, where applicable, the adult student, pursuant to 34 CFR 300.624(b). The LEA must maintain a copy of the last IEP that was in effect prior to the student's exit from special education until the student's 60th birthday. An LEA may retain and store the student's special education records in electronic form or any other form. An LEA shall provide a parent or adult student a written notice of its document destruction policies upon the student's graduation with a regular high school diploma or at the transfer of rights or whichever occurs first. The LEA shall provide public notice of its document destruction policy at least annually."
* = If record related to federal funds:
Federal Funds
Records of amounts and disposition/use of federal funds, 20 U.S.C. 1232f, (a):
"Each recipient of Federal funds under any applicable program through any grant, subgrant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit. The recipient shall maintain such records for three years after the completion of the activity for which the funds are used." (emphasis added).
Electronic Records
The state law on preservation of electronic records, RSA 33-A:5-a Electronic Records, does not explicitly apply to school districts, but does provide guidance: "Electronic records as defined in RSA 5:29, VI and designated on the disposition schedule under RSA 33-A:3-a to be retained for more than 10 years shall be transferred to paper or microfilm, or stored in portable document format/archival (PDF/A) on a medium from which it is readily retrievable. Electronic records designated on the disposition schedule to be retained for less than 10 years may be retained solely electronically if so approved by the record committee of the municipality responsible for the records. The municipality is responsible for assuring the accessibility of the records for the mandated period."
See Policy EH, EHB, GBJ & JRA
Revised: May 2017
[post_title] => EHB-R Data/Records Retention
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[post_date] => 2015-09-15 14:51:24
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[post_content] => The School Board recognizes its responsibility for properly managing the resources of the school system. This responsibility includes concern for the safety of students, employees and the public, as well as concern for protecting the system's property from loss. No new policy or procedure will be adopted or approved by the board without first giving careful consideration to the school system's risk exposure.
The Superintendent or, by designation, the Business Administrator, shall be responsible for establishing a risk management and insurance program covering all property and program risks related to the performance of the educational and service missions of the system. This risk management and insurance program shall include means for identifying, eliminating, reducing, retaining, or transferring risk. Only when a particular risk cannot be eliminated or feasibly retained by the system shall it be transferred by the purchase of insurance.
The Board realizes that the assumption of some predictable risks is the most economically feasible method of treating certain exposures. When it is in the apparent best interest of the system, the board may budget for and retain limited and predictable risks of financial loss, through the use of contingency funds, deductibles, etc. or participation in pooled risk management programs with other School Districts.
When the purchase of commercial insurance is deemed necessary, such purchase will be made on the basis of service offered by the insurer, the reliability and financial stability of the insurer, and the price of the insurance as competitively determined.
The Board does not recognize any obligation to purchase insurance from a particular agent, broker, or insurer representative or from any group of agents, brokers, or insurer representatives other than an obligation based on the above stated considerations.
The Board charges the Business Administrator with the responsibility for preparing an annual risk management audit report for review by the board. The report shall include a description of the system's current risk management program and a summary of the existing insurance coverages. Minimum information to be maintained for planning, budgeting, loss control and overall financial management, includes at least the following: 1) policy roster; 2) losses incurred and paid; 3) property valuations; 4) inspection and maintenance records for all property; 5) emergency plans.
The Board authorizes the Superintendent to seek professional risk management advice, if necessary, in order to develop, implement, maintain, and audit an effective risk management program for the system.
Legal Reference:
RSA 194:3,III, Powers of Districts
Category: R
Adopted: April 2, 1991
Amended: September 17, 2013, October 1, 2013
[post_title] => EI - Risk Management
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[post_name] => ei-risk-management
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[post_content] => The School Board may procure liability insurance to protect against such risks of loss, cost, or damage to itself, its employees or its pupils, or other loss. Such insurance may include general liability coverage, automobile liability coverage, errors and omissions liability coverage, and other coverage as the Board may determine. Liability limits for all coverage will correspond to those limits established by applicable law.
The Board may also participate in a pooled risk management program. The pooled risk management program may be utilized for: the defense of claims and indemnification for losses arising out of the ownership, maintenance, and operation of real or personal property and the acts or omissions of school officials, school employees, or agents of the school district; the provision of loss prevention services including, but not limited to, inspections of property and the training of personnel; and the investigation, evaluation, and settlement of claims by and against the school district. Membership in a pooled risk management program will conform to the provisions set forth in RSA 5-B and related statutes.
The school district’s carrier and attorney shall review all contract forms to be entered into by the Board or its agents with the insurance agent or broker, to identify any contractual liability being assumed by the district, and attempt to reduce or transfer such liabilities. Each contractor will provide evidence of Worker’s Compensation coverage, and a Certificate of Insurance showing the liability policy
endorsed to name the district as an additional insured.
Any accidents or occurrences, no matter how minor, that could indicate liability on the part of an employee or official of the district, shall be promptly reported to the administration and by them to the insurer.
Legal References:
RSA 5-B, Pooled Risk Management Programs
RSA 507-B:4, Limit of Liability
Marcotte v. Timberlane/Hampstead School Dist., 143 N.H. 331 (1999)
Category: R
Adopted: April 2, 1991
Amended: September 17, 2013
[post_title] => EIB - Liability Insurance And Pooled Risk Management
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[post_date] => 2022-10-06 09:01:19
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[post_content] => As the Board seeks to incorporate the most appropriate and cost-effective risk management techniques for less prevention and control, and to overcome deficiencies in its physical plant, it will strive to provide new and remodeled facilities that will offer the best possible physical environment for learning and teaching. The Board specifically recognizes the need and importance of regular and substantial capital maintenance, renovation, improvement and expansion consistent with realistic fiscal constraints.
The Board aims specifically toward:
- Facilities, including buildings, ground, and playing fields, that will accommodate organization and instructional patterns that support the district’s educational philosophy and instructional goals.
- Meeting all safety requirements through the remodeling and renovation of older structures.
- Providing building renovations to meet requirements on the availability of public school facilities to handicapped persons whenever possible.
- Building design, construction, and renovation that will lend themselves to low maintenance costs and the conservation of energy.
- Facilities that will also lend themselves to utilization by the community in ways consistent with the overall goals of the district.
- Keeping the community informed about the condition of district facilities as well as the perceived needs in the areas of capital improvement expansion and acquisition.
Decisions pertaining to education specifications of new buildings and those undergoing extensive remodeling will be developed with the input of teachers, students, parents, and the community.
Category O
First Read: May 3, 2022
Second Read: May 17, 2022
Adopted: May 17, 2022
[post_title] => FA - Facilities, Development Goals/Priority Objectives
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[post_content] =>
FAA - ANNUAL FACILITY PLAN
A. Drafting and Adoption. Each year, the School Board shall adopt an updated Facility Plan. The first Facility Plan shall be adopted no later than November 15, 2021, with an updated plan approved by the Board by June 1 of 2023 and each year thereafter.
The Facility Plan shall be developed and drafted by the Superintendent or his/her designee, and it shall be proposed to the School Board for comment and adoption at least 30 days prior to the adoption deadlines articulated above.
B. Contents of Facility Plan. The Facility Plan shall account for each facility owned by the District and document the use of each such facility. For each then unused facility, the plan shall specify any uses intended within the next two years of the annual plan approval relative to academic purposes, extracurricular activities, administrative functions, and/or sports. Facilities for which no current or intended use is included on the plan shall be referred to in this policy as “Unused Facilities”.
C. Annual Report to N.H. Department of Education. The Superintendent shall submit a report of Unused Facilities to the New Hampshire Department of Education, with the first such report due January 1, 2022 and subsequent reports due July 1 each year thereafter. Pursuant to RSA 194:61, such Unused Facilities are then encumbered by a right of first refusal (“ROFR”) available to every approved charter school operating in New Hampshire. The specifics of the ROFR are described in RSA 194:61, III-VII.
Category: Recommended
Related Policies: FA
Legal References:
RSA 194:61, Unused District Facilities
First Read: May 3, 2022
Second Read: May 17, 2022
Adopted: May 17, 2022
[post_title] => FAA - Annual Facility Plan
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[post_date] => 2015-09-14 18:35:00
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[post_content] => Enrollment projections will be prepared every five years under the direction of the Superintendent and will be reviewed and brought up to date annually.
The projections will take into consideration the following:
- School registration figures
- Review of forthcoming changes in town planning and zoning
- Review of current and planned community land development and housing projects
Whenever construction of new school facilities or the closing of any school buildings is being contemplated, the Board may authorize outside studies made of population trends and school enrollment.
Category: R
1
st Read: January 19, 2016
2
nd Read: February 2, 2016
Adopted: February 2, 2016
[post_title] => FBB - Enrollment Projections
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[post_name] => fbb-enrollment-projections
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[post_modified] => 2016-02-03 12:54:40
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[post_content] => Changing educational needs require the planning, design, and construction of new educational facilities as well as to renovate or make additions to existing schools. The size, complexity, and potential cost for such a program requires that the Superintendent develop a comprehensive plan in the following areas:
- Educational program spatial requirements and assessment of the adequacy of existing facilities to accommodate present or proposed educational programs.
- Cost/benefit considerations relating to facility modernization, renovation, or new construction.
- An annual six-year capital improvements program showing population projections, new capital projects needed, and associated costs. Use of a community-based advisory committee is encouraged to assist in the creation and review of this program.
- Community use of schools and school-related facilities.
- An annual report reviewing projects underway or completed.
Construction plans, requests for bond money, and all other documents required to begin and/or complete needed school construction projects will be submitted to the appropriate local and state agencies in a timely manner
Category O
First Read: May 3, 2022
Second Read: May 17, 2022
Adopted: May 17, 2022
[post_title] => FE - Facilities Construction
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[post_content] =>
Process for Approval
Change orders that change the approved scope of the project will be submitted to the School Board (or subcommittee) for approval prior to work commencing. Change orders that do not change the scope of the work, but are the result of unforeseen circumstances discovered during the course of the project, will be dealt with in the follow manner:
1. Change orders totaling $5,000 or less than 10% of the original project budget will be recommended to the Superintendent of Schools (or Business Administrator) for approval, and the Board informed at the first opportunity;
2. Change orders that, in the aggregate, comprise $50,000 or 10% or more of the original project budget will be submitted to the School Board (or subcommittee) for approval prior to work commencing.
Construction Change Orders
The School Board employs a Facilities Director who shall be directly responsible to the Board for review of architect and/or contractor’s activities in his/her supervision of building construction.
This review shall include adequacy of field inspection of the contractor’s operations, administrative activities of the architect relating to construction, and any other matters relating to the interest of the School District. The Facilities Director shall make periodic reports to the Superintendent, Business Administrator, and School Board, certifying by his/her personal knowledge that the work of the construction contractor and/or the architect is being performed in accordance with plans, specifications, and contracts.
In the event of a large project, the Board, at its discretion, may employ a Clerk of the Works to supervise the project.
Other Change Orders
Other projects that may require change orders shall be reviewed by other appropriate personnel, such as the Business Administrator or the District Systems Administrator.
This review will include review of the initial bid/proposal specifications, timelines for completion, and any other matters relating to the interest of the School District.
Legal References:
RSA 199:3, 4, 4a, Transfer of Building
Category: R
1st Read: August 19, 2014
2nd Read: September 2, 2014
Adopted: September 2, 2014
[post_title] => FEH - Change Orders Procedures
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[post_date] => 2022-10-21 02:33:10
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[post_content] => A. PURPOSE AND GENERAL POLICY
The purpose of this policy is to establish a process and guidelines for the naming of School District school buildings or facilities, and naming or dedication of areas of buildings or facilities.
The naming of a building or facility, or the designation of an area of a building or facility falls within the authority of the School Board. The School Board recognizes that the official names of district buildings and facilities are important to the district’s identity, and must stand the test of time.
For purposes of this policy, “buildings and facilities” shall mean and include every school, building, stadium, field, playground, or other real estate owned or leased by the district, or otherwise under the jurisdiction of the School Board.
An “area” of a building or facility, refers to identifiable spaces within or adjacent to a building or facility, including but not limited to spaces such as libraries, media centers, gymnasiums, theaters, auditoriums, playgrounds, cafeterias, hallways, wings, etc.
The Board retains the authority in its sole discretion to name, rename, in whole or in part, any building or facility, or name or dedicate any area of a building or facility. Such naming, renaming, or dedication may be considered at any time the Board chooses, including proposals prior to construction, when construction is in progress, or after acquisition by the district.
B. GENERAL GUIDELINES FOR NAMING OF BUILDINGS OR FACILITIES OR FOR DEDICATION OF SPACES.
- The naming of school buildings or facilities or dedication of building or facility spaces is the ultimate responsibility of the School Board. Individuals or groups may submit a written naming or dedication proposal to the School Board. Naming or dedication proposals should include information relating to the criteria below, along with any other information the person or group making the proposal deems appropriate for the Board’s consideration.
- If the Board determines that a naming or dedication proposal requires further study, or if the naming or dedication is at the Board’s initiative, the Board may establish a committee to evaluate the proposal, or to determine a specific process for naming a specific building or facility or dedicating an area of a specific building or facility.
- The final decision to name or rename a building or facility, or to dedicate or re-dedicate any building or facility area shall be made by the Board by way of formal resolution, which may be approval of a written proposal or Board committee recommendation.
- In making a naming or dedication decision the Board shall apply the criteria set forth below.
C. CRITERIA FOR THE NAMING OF BUILDINGS, FACILITIES, AND AREAS.
The following four criteria are listed in order of priority.
A name for building, facility, or area shall be derived from or refer to:
- The community, location, road, or street where the public-school building is located;
- A significant and distinguishable landmark or geographical feature which is associated with the school's location;
- The mascot of a district school;
- A person who made significant contributions to the district in which the school building or facility is located, following these criteria:
a. Deceased a minimum of ten years;
b. Exceptional service to or on behalf of public-school students or schools;
c. Outstanding citizenship and character;
- A person who made a significant philanthropic or financial contribution made by
the person to the school district.
First Read: September 20, 2022
Second Read: October 4, 2022
Adopted: October 4, 2022
[post_title] => FF - Naming of District Buildings and Facilities and Dedication of Areas
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[post_date] => 2015-09-14 18:40:32
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[post_content] => A school will be considered for a comprehensive closing study if any of the following conditions apply:
1. The school building is inadequate by virtue of age, condition, size of site, or other overriding limitations and cannot reasonably and economically be brought up to the current educational standards.
2. The school has substantially under capacity for a two-year period and is projected to remain so. “Substantially under capacity” is the difference between program capacity and student membership such that the students in the grouping could be housed in one school less. (Instructional programs drawing the majority of students from outside of the regular boundary area of the group of schools will not be considered for this purpose.)
Although use for local community students will be the primary function of a school, unusual circumstances may prevail which will require alternate use of a particular location or building. A closing study of such a school may be authorized by the Board.
A closing study will include direct involvement by those communities considered in the study and will be concerned with the following factors:
1. Review of the in-depth demographic studies and grouping, and consideration of alternative.
2. Age and current physical condition of the building, its operating systems and program facilities.
3. Adequacy of site, location, access, surrounding development, traffic patterns, and other environmental conditions.
4. Reassignment of children, including alternative plans, according to Board policy.
5. Transportation factors including numbers of children bused, time, distance, and safety.
6. Alternate uses of the building.
7. Costs/savings
a. Personnel
b. Plant Operation
c. Transportation
d. Capital Investment
e. Alternate Use
8. Continuity of instructional and community programs.
Adopted: April 2, 1991
[post_title] => FL - Retirement of Facilities
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[ID] => 3506
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[post_date] => 2019-03-11 08:28:44
[post_date_gmt] => 2019-03-11 12:28:44
[post_content] => The ConVal District shall act in good faith when providing employment references and verification of employment for current and former employees.
The School District, and its employees, contractors, and agents, are prohibited from providing a recommendation of employment, and/or from otherwise assisting any school employee, contractor, or agent in obtaining a new position or other employment if he/she or the District has knowledge of, or probable cause to believe that the other employee, contractor, or agent ("alleged perpetrator") engaged in illegal sexual misconduct with a minor or student. This prohibition does not include the routine transmission of administrative and personnel files.
In addition, this prohibition does not apply if:
- The information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction;
- The information giving rise to probable cause has been reported to any other authorities as required by local, state or federal law (for instance New Hampshire Division of Children, Youth and Families "DCYF"), and
- At least one of the following conditions applies
- The matter has been officially closed;
- The District officials have been notified by the prosecutor or police after an investigation that there is insufficient information for them to proceed;
- The school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated; or
- The case or investigation remains open and there have been no charges filed against or indictment of the school employee, contractor, or agent within four years of the date on which the information was reported to a law enforcement agency.
Legal References:
20 U.S.C. 7926(a) (§8546(a) of the Elementary and Secondary Education Act/Every
Student Succeeds Act
Category: Priority/Required by Law
Related Policies: GBCD, GBJ
First reading: February 19, 2019
Second reading: March 5, 2019
Adopted: March 5, 2019
[post_title] => GADA -- Employment References and Verification (Prohibiting Aiding and Abetting of Sexual Abuse)
[post_excerpt] =>
[post_status] => publish
[comment_status] => closed
[ping_status] => closed
[post_password] =>
[post_name] => gada-employment-references-and-verification-prohibiting-aiding-and-abett
