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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.

School Board Members And Other Elected Officials Resignation

CSD File: BBBC/BBBE
CANDIA SCHOOL DISTRICT
SCHOOL BOARD MEMBERS AND OTHER ELECTED OFFICIALS RESIGNATION

The Board believes that any citizen who files for and seeks election to the Board or any other School District office should do so with full knowledge of and appreciation for the investment in time, effort, and dedication expected of all School District officials. The Board also believes the citizen’s intent to serve reflects his/her intention to serve a full term of office.

However, if for reasons of health, change in domicile, or any other compelling reason, a board member or other elected official does decide to terminate service, the Board requests earliest possible notification of intent to resign so that the Board may plan appropriately for this event.

Vacancies shall be filled in accordance with RSA 197:26.

RSA 197:26 Vacancies. The School Board shall fill vacancies occurring on the Board, and in other district offices, except that of moderator, until the next annual meeting of the district. In case of vacancy of the entire membership of the Board, or the remaining members are unable to agree upon an appointment, the Selectmen, upon application of one or more voters in the district, shall fill the vacancies so existing until the next annual meeting of the district.

A failure of the School Board to fill a vacancy after 3 Board Meetings will be considered the inability to agree on an appointment.

In the event that a vacancy or vacancies occur(s) during the term of office of any board member causing the membership of the Board to be less than five, the unexpired term or terms of office shall be filled as follows:

1. Solicit names of voters in the district who are willing to serve with appropriate notice of the same through public notification serving the community. Published notification will be made no later than ten days prior to a regularly scheduled board meeting.

2. Appointment Process:
a. All names submitted to the Board and qualified to be appointed shall be given due consideration.
b. Voting shall be conducted in open session and a process leading to the appointment of a new board member(s) can begin only after the tendered date of resignation of the previous board member(s).
c. Appointment to the Board shall require a majority vote of Board present.

3. The appointment is only for that period of time until the next election of school district officers as stipulated in RSA 197:26.

Statutory Reference:
RSA 197:26 School Meetings & Officers: Vacancies

Adopted: October 7, 1999
Revised: June 8, 2017

Board Member Oath Of Office

CSD File: BBBB
CANDIA SCHOOL DISTRICT
BOARD MEMBER OATH OF OFFICE

Newly elected members of the Candia School Board shall be required to take an oath of office as described in RSA 42:1 which states, as follows:

RSA 42:1 Oath Required. Every town officer shall make and subscribe the oath or declaration as prescribed by part 2, Article 84 of the Constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office involved.

In accordance with part 2, Article 84 of the New Hampshire Constitution, said oath will be as follows:

Article 84. Oath of Civil Officers. Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.—

I, A. B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitutions thereof. So help me God.

I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as ………………………………., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.

Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary’s office, he shall not be obliged to take said oath again.

Provided always, when any person chosen or appointed as aforesaid, shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word “swear,” and likewise the words “So help me God,” subjoining instead thereof, “This I do under the pains and penalties of perjury.”

I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as ………………………………., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.

Statutory References:
RSA 42:1
Article 84, NH Constitution

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

 

Board Member Qualifications

CSD File: BBBA
CANDIA SCHOOL DISTRICT
BOARD MEMBER QUALIFICATIONS

A person is eligible to become a member of the School Board if he/she is a legal voter of the Candia School District. In addition, however, it would be desirable that members of the School Board have a genuine interest in and devotion to public education, a willingness to give time and effort to the work, a capacity for understanding people, and the ability to work cooperatively with others.

RSA 671:18 Qualifications. To become a candidate for any school district office, a person must be a registered voter in the district. No person holding the office of member of the School Board shall at the same time hold the office of district moderator, treasurer, or auditor. No person employed on a salaried basis by a school administrative unit or by any school district within a school administrative unit shall be a School Board member in any district of the school administrative unit. Salaried positions shall include, but are not limited to, the following: teacher, custodian, administrator, secretary, school bus driver (if paid by the district), school lunch worker and teacher’s aide.

Statutory Reference: RSA 671:18

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

 

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

 

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 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

 

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 Board Policies And Administrative Procedures

CSD File: BAAA
CANDIA SCHOOL DISTRICT
SCHOOL BOARD POLICIES AND ADMINISTRATIVE PROCEDURES

Generally
The policies of the Candia School 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.

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.
4. All formal Employee Handbooks.
Administrative procedure is not part of the 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, employees, 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:
1. 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:
a. The name, address, and telephone number of the person making the request.
b. The policy for which the exception is being requested.
c. The action that the requesting individual desires.
d. The rationale supporting the need for an exception.
2. The Superintendent or his/her designee shall conduct a sufficient investigation of any request for an exception and make a determination. 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. Should the parties involved disagree with the Superintendent’s decision, an appeal may be made to the Candia School Board.
3. 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. Moveover, 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.
4. Exceptions to administrative procedure shall be made in accordance with the procedures established by the Superintendent.

Adopted: May 9, 2002
Reviewed: June 6, 2024

Annual Goals And Objectives

CSD File: BA
CANDIA SCHOOL DISTRICT
ANNUAL GOALS AND OBJECTIVES

Each year the Candia School Board will formulate goals and objectives. The goals and objectives may include, but are not limited to, the board functions of visions, structure, accountability, and advocacy.

At the conclusion of the year, the Board shall reflect on the degree to which the goals and objectives have been accomplished.

Regulatory Reference:
Ed. 303.01 (g) Substantive Duties of School Boards

Adopted: May 9, 2002
Reviewed: August 17, 2017

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