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Policy Categories Archives: Section B: School Board Governance and Operations

Section B contains policies on the School Board – how it is appointed or elected; how it is organized; how it conducts meetings, and how the board operates. This section includes bylaws and policies establishing the board’s internal operating procedures.

New Board Member Orientation

CSD File: BIA
CANDIA SCHOOL DISTRICT
NEW BOARD MEMBER ORIENTATION

A new member or any person designated for appointment as a new member of the Board is to be
afforded the Board and the staff’s fullest measures of courtesy and cooperation. Board and staff
shall make every feasible effort to assist the new member to become fully informed about the
Board’s functions, policies, procedures, and problems.

A meeting will be convened with the Superintendent for the primary purpose of orienting the new
member to his or her responsibilities, to the Board’s method of operating, and to the School
District policies and procedures.
Each new member will be provided with the following:
1. Link to the School Board Policies
2. Meetings Schedule
3. Current and Next Year’s Calendar
4. Goals
5. Candia Board Meeting Procedures
6. The current school budget.
7. Negotiated agreements.

Schedule permitting, new members will be informed of the New Hampshire School Board
Association’s Orientation meeting.

Adopted: October 7, 1999
Revised: January 6, 2022

Non-Public Sessions

CSD File: BEC
CANDIA SCHOOL DISTRICT
NON-PUBLIC SESSIONS

The School Board reserves the right to sit in non-public session closed to the public and media
when a majority of the members present and voting so vote (recorded roll call vote required). As
required by law, the motion calling for a non-public session will indicate the matters to be
discussed and the statutory exception stated.

The Board may entertain a motion to hold a non-public session only for those deliberations or for
those purposes which the law recognizes.

RSA 91-A3 I and II.

I. a. Bodies or agencies shall not meet in non-public session, except for one of the
purposes set out in Paragraph II. No session at which evidence, information or
testimony in any form is received shall be closed to the public, except as provided in
paragraph II. No body or agency may enter non-public session, except pursuant to a
motion properly made and seconded.
b. Any motion to enter non-public session shall state on its face the specific exemption
under paragraph II which is relied upon as foundation for the non-public session.
The vote on any such motion shall be by roll call, and shall require the affirmative
vote of the majority of members present.
c. All discussions held and decisions made during non-public session shall be confined
to the matters set out in the motion.

II. Only the following matters shall be considered or acted upon in non-public session:
a. The dismissal, promotion or compensation of any public employee or the disciplining
of such employee, or the investigation of any charges against him/her, unless the
employee affected (1) has a right to a meeting and (2) requests that the meeting be
open, in which case the request shall be granted.
b. The hiring of any person as a public employee.
c. Matters which, if discussed in public, would likely affect adversely the reputation of
any person, other than a member of the body or agency itself, unless such person
requests an open meeting.
d. Consideration of the acquisition, sale or lease of real or personal property which, if
discussed in public, would likely benefit a party or parties whose interests are
adverse to those of the general community.
e. Consideration or negotiation of pending claims or litigation which has been
threatened in writing or filed against the body or agency or any subdivision thereof,
or against any member thereof because of his membership in such body or agency,
until the claim or litigation has been fully adjudicated or otherwise settled.
f. Consideration of applications by the adult parole board under RSA 651-A.
g. Consideration of security-related issues bearing on the immediate safety of security
personnel or inmates at the county correctional facilities by county correctional
superintendents or their designee.
h. Consideration of applications by the business finance authority under RSA 162-A:7-
10 and 162-A:13, where consideration of an application in public session would cause
harm to the applicant or would inhibit full discussion of the application.
i. Consideration of matters relating to the preparation for and the carrying
out of emergency functions, including training to carry out such 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 severe
damage to property or widespread injury or loss of life.
j. Consideration of confidential, commercial, or financial information that is
exempt from public disclosure under RSA 91-A:5, IV in an adjudicative
proceeding pursuant to RSA 541 or RSA 541-A.
k. Consideration by a school board of entering into a student or pupil tuition
authorized by RSA 194 or RSA 195-A, which, if discussed in public, would
likely benefit a party or parties whose interests are adverse to those of the
general public or the school district that is considering a contract,
including any meeting between the school boards, or committees thereof,
involved in the negotiations. A contract negotiated by a school board shall
be made public prior to its consideration for approval by a school district,
together with minutes of all meetings held in non-public session, any
proposals or records related to the contract, and any proposal or records
involving a school district that did not become a party to the contract,
shall be made public. Approval of a contract by a school district shall
occur only at a meeting open to the public at which, or after which, the
public has had an opportunity to participate.

No official, final action may be taken by the Board at a non-public session except as allowed by
RSA 91-A:3. In order to act upon most items considered at a non-public session, the Board will
reconvene in open session.

The Board shall record minutes of all non-public sessions. Non-public session minutes will 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
Board will only vote to seal minutes of non-public sessions if divulging such information would:
1. Adversely affect the reputation of a person other than a member of the
Board;
2. Render a proposed board action ineffective; or
3. Thwart safety considerations pertaining to terrorism or other emergency
functions of the Board.

Board members and any persons attending a non-pubic session are duty-bound not to disclose
any details of the discussion held.

The Superintendent or his/her designated representative may attend all non-public sessions
except those which pertain to the Superintendent’s employment.

NOTE: Due to yearly changes in the Right-to-Know Law, frequent review of current language is
advised.

Legal References: RSA 91-A:3; RSA 91-A:4; RSA 42:1-a

Adopted: October 7, 1999
Revised: May 5, 2011
Revised: April 7, 2016

 

School Board Elections

CSD File: BBB
CANDIA SCHOOL DISTRICT
SCHOOL BOARD ELECTIONS

The School Board shall consist of an odd number of members elected by the qualified voters of the District at the annual district elections held in March.

The term of office of each member of the School Board shall be for a period of three (3) years.

Statutory Reference: RSA 671:4, RSA 671:22

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

 

Emergency Meetings

CSD File:  BEB
CANDIA SCHOOL DISTRICT
EMERGENCY MEETINGS

Emergency meetings may be called by the Chairperson or by action of a majority of the Board. For the purposes of this policy, an emergency is defined as a situation where immediate, undelayed action is deemed to be imperative by the Chairperson. 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.

Legal Reference:  RSA 91-A:2, II

Adopted: October 7, 1999
Revised: November 6, 2014

 

Board Member Authority

CSD File: BBAA
CANDIA SCHOOL DISTRICT
BOARD MEMBER AUTHORITY

All powers of the School Board lie in its action as a group. Individual board members may not exercise their authority over District affairs. The Board may, by majority vote, take action at a legal meeting of the Board.

In other instances, an individual board member, including the chairperson, has power only when the Board by vote has delegated authority to him or her.

No legal action can be taken except at a duly warned meeting of the Board and by a quorum acting as a unit.

The decisions of the Board shall be binding until rescinded by the Board at a duly called regular or special meeting.

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

Statutory-Regulatory References: NH Code of Administrative Rules-Section Ed. 303.01

School Board Meeting Preparation

CSD File: BEAA
CANDIA SCHOOL DISTRICT
SCHOOL BOARD MEETING PREPARATION

Board members shall be provided adequate data and backup information, as far in advance as reasonably possible, to assist them in reaching sound and objective decisions consistent with established goals.

Adopted: October 7, 1999
Reviewed: October 5, 2017

School Board Powers and Duties

CSD File: BBA
CANDIA SCHOOL DISTRICT
SCHOOL BOARD POWERS AND DUTIES

School Boards exercise all the powers and duties prescribed to them by applicable state and federal laws and rules of the State Board of Education.

Legal References: NH Admin Rules, Section Ed. 303

Adopted: October 7, 1999
Revised: February 5, 2009

 

Regular and Special Board Meetings

CSD File: BEA
CANDIA SCHOOL DISTRICT
REGULAR and SPECIAL BOARD MEETINGS

Unless otherwise determined by Board action, regularly scheduled Board meetings will be held at the building of the School District on the first Thursday of each month, with the exception that the Board meets on an as needed basis in July.

Notice of all board meetings will be posted in accordance with the provisions of RSA 91-A. The Superintendent is authorized to post notice of the meeting on the District website. Minutes of all meetings will be taken and provided in accordance with the provisions of RSA 91-A.

All meetings shall be open to the public. Agendas will be established per Board Policy BEDH. The Board reserves the right to amend the agenda during the meeting, upon majority vote. Public comments will be allowed per Board Policy BEDH.

Additional meetings may be scheduled at the call of the Chair. Emergency meetings may be called in accordance with the provisions of RSA 91-A:2 and Board Policy BEB.

A majority of the Board shall constitute a quorum.

Legal References:  RSA 91-A, NH Admin Rules, Sec Ed. 303.01(f)

Adopted: October 7, 1999
Revised: November 6, 2014

 

School Board Legal Status

CSD File: BB
CANDIA SCHOOL DISTRICT
SCHOOL BOARD LEGAL STATUS

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 carry out state laws pertaining to public education and to carry out the policies and regulations of the State Board of Education.

The School Board is an instrument of the New Hampshire legislature and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and rules of the State Board of Education.

Statutory-Regulatory References:
189:1a, 194:1-3, RSA 186:5, RSA 197:1
NH Code of Administrative Rules-Section Ed. 303

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

School Attorney

 

CSD File: BDG
CANDIA SCHOOL DISTRICT
SCHOOL ATTORNEY

The Board recognizes that the increasing complexity of School District operations frequently requires procurement of professional legal services. Consequently, it shall retain an attorney or law firm for that purpose.

A decision to seek legal advice or assistance on behalf of the School District shall normally be made by the Superintendent or by persons authorized by the Superintendent or Board. 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 Superintendent concludes that unusual types or amounts of professional legal service may be required, the Superintendent should promptly notify the Board.

Adopted: October 7, 1999
Revised: September 7, 2017