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Policy Categories Archives: Section A: Foundations & Basic Commitments

Section A contains policies on the District’s legal role in providing public education and the basic principles underlying school board governance. These policies provide a setting for all of the school board’s other policies and regulations.

Vaping Devices

CSD File: AZ/GZ/JZ
CANDIA SCHOOL DISTRICT
VAPING DEVICES

Use of Vaping Devices

The use of vaping devices on school grounds and/or facilities is prohibited. Exemptions may be granted at the discretion of the building principal for medicinal or therapeutic use at the direction of a physician or other professional health care provider.

Any person found to be in violation of this policy shall be asked by the building principal or other school district employee to cease use of the vaping device. Refusal to comply will result in being directed to leave school facilities and/or grounds by the building principal.

Adopted: January 31, 2019

Tobacco Products Ban

CSD File: ADC
CANDIA SCHOOL DISTRICT
TOBACCO PRODUCTS BANNED
USE AND POSSESSION IN AND ON SCHOOL FACILITIES AND GROUNDS

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.

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.

“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. Device may include, but is 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 may or may not contain nicotine or e-liquid. 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-b.

“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.

“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.

A. 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 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.

B. 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.

C. 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 call contact the appropriate law enforcement agency(ies) for possible criminal or other proceedings as provided under state law.

D. 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

Adopted: February 9, 1988
Adopted: October 7, 1999
Revised: August 7, 2003
Revised: April 7, 2016
Revised: January 3, 2019
Revised: June 4, 2020

Drug-Free Workplace/Drug-Free Schools

CSD File: ADB/GBEC
See also JICH
CANDIA SCHOOL DISTRICT
DRUG-FREE WORKPLACE/DRUG-FREE SCHOOLS

A. Drug-Free Workplace
1. All District workplaces are drug- and alcohol-free. All employees and contracted personnel are prohibited from:
a. Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the influence of any controlled substance or 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 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 should 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”. The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B, I, 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.

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, N.H. Admin. Code, Ed. Part 316

Adopted: March 16, 1992
Adopted: October 7, 1999
Revised: March 9, 2017
Revised: January 3, 2019

Educational Philosophy/Mission Statement

CSD File: AD
CANDIA SCHOOL DISTRICT
EDUCATIONAL PHILOSOPHY/SCHOOL DISTRICT MISSION

The mission of the Candia School District is to develop a community of learners who are intellectually curious, resourceful, and respectful of self and others. Academic achievement, through constantly improving standards, is the Candia School District’s highest priority.

Additionally, the Candia School Board expects each school in the district to adopt a written philosophy and a statement of goals and objectives consistent with the state’s board of education rules and the following philosophical statements, which are viewed as integral to the teaching/learning process:
1. Each child is important.
2. All children can be successful learners.
3. Children learn by example.
4. Learning in school occurs primarily through faculty and student interaction.
5. Children learn best when community, schools, families, and students work together as a supportive and respectful group.
6. Families are an integral part of a child’s education team.
7. Schools must be safe places where risk taking, success, and failure are all important parts of the learning process.
8. The purpose of schools is to promote learning.
9. Today’s education is to shape and prepare learners for tomorrow’s world.
10. All people have the right to learn in an environment free of emotional, mental, and physical harm.
11. It is essential to recognize the importance of cooperation as well as competition in our complex, independent world.
12. Problem solving and adaptability are essential to survival in our changing world.
13. Learning is a lifelong process.
14. Acceptance of individuality is possible with understanding and mutual respect.
15. Opportunity must be provided for all students to reach their full academic potential.

The Board working with the Superintendent will review the philosophy, goals and objectives at least every five (5) years.

Regulatory References:
NH Code of Administrative Rules, Section Ed. 306.05, School Philosophy, Goals, and Objectives

Adopted: October 7, 1999
Adopted: June 1, 2006
Reviewed: August 17, 2017

Procedural Safeguards/Non-Discrimination On The Basis Of Handicap/Disability

CSD File: ACE
CANDIA SCHOOL DISTRICT
GENERAL POLICY
PROCEDURAL SAFEGUARDS/NON-DISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY

PROCEDURAL SAFEGUARDS

The Candia 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:
NHDOE Admin 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

Adopted: August 22, 1979
Adopted: June 17, 1999
Revised: January 5, 2017

Nondiscrimination Policy Notice

CSD File: AC
CANDIA SCHOOL DISTRICT
NON-DISCRIMINATION

The Candia School District in accordance with the requirements of federal and state laws, and of regulations which implement those laws declares that the school district shall not discriminate in its education programs, activities or employment practices on the basis of race, color, national origin, age, gender, sexual orientation, religion, sex, gender identity, creed, marital, familial or economic status, physical or mental disability or disability under the provisions of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, and the IDEA of 1990, or any other classes protected under RSA 354-A. Any person having inquiries concerning the school district’s compliance with the regulations implementing these laws may contact the office of the Superintendent of Schools.

The person designated to handle inquiries regarding nondiscrimination policies for the Candia School District is:
Assistant Superintendent of Schools
Candia School District
SAU #15
90 Farmer Road
Hooksett, NH
03106-2125
(603) 622-3731

Inquiries regarding the application of nondiscrimination policies may also be referred to the US Department of Education, Office for Civil Rights, 33 Arch Street, Ninth Floor, Boston, MA 02110.

Complaint and Reporting Procedures.
Any person who believes that he or she has been discriminated against, harassed, or bullied in violation of this policy by any student, employee, or other person under the supervision and control of the school system, or any third person who knows or suspects conduct that may constitute discrimination, harassment, or bullying, should contact the District Human Rights Officer, or otherwise as provided in the policies referenced below under this same heading.

Any employee who has witnessed, or who has reliable information that another person may have been subjected to discrimination, harassment, or bullying in violation of this policy has a duty to report such conduct to his/her immediate supervisor, the District Human Rights Officer, or as provided in one of the policies or administrative procedures referenced below under this same heading. Additionally, employees who observe an incident of harassment or bullying are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator and it is safe to do so. If an employee knows of an incident involving discrimination, harassment, or bullying and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action up to, and including, dismissal.

Investigations and resolution of any complaints shall be according to the policies listed below and related administrative procedures or regulations. Complaints or reports regarding matters not covered in one or the other of those policies should be made to the District Human Rights Officer.
1. Reports or complaints of sexual harassment or sexual violence by employees or third party contractors should be made under Board policy GBAA.
2. Reports or complaints of sexual harassment or sexual violence by students should be made under Board policy JBAA.
3. Reports or complaints of discrimination on the basis of disability should be made under Board policy AC, except for complaints regarding facilities accessibility by disabled non-students or employees, which should be made under Board policy KED; and
4. Reports or complaints of bullying or other harassment of pupils should be made under Board policy JICK.

Alternative Complaint Procedures and Legal Remedies.
At any time, whether or not an individual files a complaint or report under this Policy, an individual may file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commissioner for Human Rights.
1. Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02109-3921; Telephone number: (617) 289-0111; Fax number: (617) 2890150; Email: OCR.Boston@ed.gov Note: Complaints to OCR must be filed in writing no later than 180 days after the alleged act(s) of discrimination. OCR may waive its 180 day time limit based on OCR policies and procedures.
2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH 03301; Telephone number: (603) 271-2767; Email: humanrights@nh.gov

Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law.

Retaliation Prohibited. No reprisals or retaliation of any kind will be taken by the Board or by any District employee against the complainant or other individual on account of his or her filing a complaint or report or participating in an investigation of a complaint or report filed and decided pursuant to this policy, unless that person knew the complaint or report was false or knowingly provided false information.

Staff Assigned Roles
Human Rights Officer-Human Resource Director
Title IX Coordinator-Assistant Superintendent
504 Coordinator-School Counselor

This policy will be reviewed every two years.

Legal Reference: RSA 354-A:7, Unlawful Discrimination Practices R
SA 354-A:6, Opportunity for Employment without Discrimination a Civil Right

Adopted: November 8, 1989
Revised: September 10, 1992
Re-Adopted: June 8, 1999
Revised: March 16, 2001
Re-Adopted: June 2, 2005
Revised: January 3, 2019
Revised: November 7, 2019
Revised: June 4, 2020
Reviewed: June 3, 2021, May 6, 2022

School District Legal Status

CSD File: AA
CANDIA SCHOOL DISTRICT
SCHOOL DISTRICT LEGAL STATUS

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 and as per RSA 194:2 and RSA 195:6. School districts have powers as set in RSA 194:3. Such powers include:
1. To procure land for lots for schoolhouses and school administrative unit facilities, and for the enlargement of existing lots;
2. To build, purchase, rent, repair, or remove schoolhouses and outbuildings, buildings to be used for occupancy by teachers in the employ of such school district, and buildings to be used for educational administration including office facilities for school administrative units;
3. To procure insurance against such risks of loss, cost or damage to itself, its employees or its pupils as its School Board may determine;
4. To provide group plan life, accident, medical, surgical and hospitalization insurance benefits, or any combinations of such benefits, for all regular employees of the district and their dependents, the cost thereof to be borne in whole or in part by the district;
5. To plant and care for shade and ornamental trees upon schoolhouse lots;
6. To provide suitable furniture, books, maps, charts, apparatus and conveniences for schools;
7. To purchase/lease vehicles for the transportation of children;
8. To provide for health and sanitation;
9. To provide for adult high school diploma and continuing education programs; and
10. To pay debts.

School district policies are established by the School Board, which serves as an agent of the school district. Funds for school operating expenses are approved by a majority of qualified voters present and voting at the annual school district meeting (RSA 197:1, RSA 40:13), except that bond issues require a two-thirds vote. The administration of the schools is under the executive direction of the Superintendent of Schools, who works under the School Board policies in addition to State Board of Education rules.

Statutory/Case Law References:
NH Constitution, Pt. 2 Article 83;
Claremont School District vs. Governor, 138 N183 (1993)
RSA Chapter 33, 194:2, 195:6, 197:1, 40:13
Clough v. Osgood 37 NH 444 (1935)

Adopted: October 7, 1999
Revised: March 9, 2017

Evaluation Of Board Operational Procedures

CSD File: AFA
CANDIA SCHOOL DISTRICT
EVALUATION OF BOARD OPERATIONAL PROCEDURES

The School Board shall periodically establish realistic objectives related to Board procedures and relationships and shall, from time to time, measure its performance against the stated objectives.
The following areas of Board operations and relationships are representative of those in which objectives may be set and progress appraised
1. Board meetings.
2. Policy development.
3. Fiscal management.
4. Board role in educational program development.
5. Board member orientation.
6. Board member development.
7. Board officer performance.
8. Board-Superintendent relationship.
9. Board-staff relationships.
10. Board-community relationships.
11. Legislative and government relationships.
12. Risk management.

Adopted: October 7, 1999
Reviewed: April 6, 2017

Recognition Of Accomplishment/Accomplishment Reporting to Public

CSD File: AEB/AEC
CANDIA SCHOOL DISTRICT
RECOGNITION OF ACCOMPLISHMENT/
ACCOMPLISHMENT REPORTING TO PUBLIC

The Board will recognize the accomplishments of its students, staff, and other members of the school community. Such recognition will be publicized through periodic school newsletters, technology, media publications, town reports, and other available means.

Adopted: October 7, 1999
Reviewed: April 6, 2017

Accountability

CSD File: AE
CANDIA SCHOOL DISTRICT
ACCOUNTABILITY

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, RSA 193-H4
NH Code of Administrative
Rules, Section Ed. 306.23

Adopted: October 7, 1999
Revised: March 8, 2007