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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.

Administration In Policy Absence

By on June 5, 2014 in

CSD File: BFE
CANDIA SCHOOL DISTRICT
ADMINISTRATION IN POLICY ABSENCE

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 taken. In such instances, Principals or other administrative or instructional personnel shall gain the approval of the Superintendent before taking any action.

In the 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/her decisions shall 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 and of the need for policy.

Adopted: October 7, 1999
Reviewed: April 5, 2018

Public Participation At Board Meetings

By on June 5, 2014 in

CSD File: BEDH
CANDIA SCHOOL DISTRICT
PUBLIC PARTICIPATION AT BOARD MEETINGS

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 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 provision RSA
91-A:3.

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 meeting properly and efficiently, the Board adopts, as policy, the
following procedures and rules pertaining to public participation at Board meetings:
1. The Board will provide two periods for public comment during each public
meeting, one prior to the old and new business portions of the meeting and
one following. Speakers will not be limited to meeting agenda items in their
comments.
2. Speakers will be allowed up to five minutes to speak. All speakers are
encouraged to be as direct and concise as possible in consideration of others
waiting to speak.
3. All speakers shall give his or her name, address, and the group, if any, that
is represented. The presentation should be as brief as possible. Written
remarks are encouraged.
4. All speakers are to conduct themselves in a civil manner. Obscene, libelous,
defamatory or violent statements will be considered out of order and will not
be tolerated.
5. The Board Chair or other presiding officer may terminate the remarks of any
individuals when they do not adhere to the rules established above as to content or
time limitation.

Statutory Reference:
RSA 91-A:2, Meetings Open to the Public
RSA 91-A:3, Non-Public Sessions

Adopted: February 11, 1976
Adopted: October 7, 1999
Revised: October 5, 2017
Reviewed: January 3, 2019
Revised: November 4, 2021

Minutes

By on June 5, 2014 in

CSD File: BEDG
CANDIA SCHOOL DISTRICT
MINUTES

The Board will keep a record of the actions taken at Board meetings in the form of minutes.
Minutes shall include the names of members participating, persons appearing before the School
Board, a brief description of each subject matter discussed, and a record of all final decisions. All
motions and seconds must be recorded as well. When a recorded roll call vote on a motion is
required by law or called for by the Chair, the minutes will record how each board member voted
on the motion.

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. Amendments 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. 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, unless sealed by a recorded roll call vote taken in public session with
2/3 of the board members present supporting the motion, will be made available for public
inspection within seventy-two (72) hours after the non-public session.

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.

Sealing Non-Public Minutes.

As used in this policy, “sealed” minutes in reference to minutes of non-public sessions, means
that the Board determined by 2/3 majority vote in public session that “divulgence of the
information” (i.e., information in the minutes of the non-public session):

a. Would affect adversely the reputation of a person other than a Board member;

b. Would render ineffective the action/proposed action taken in non-public session; or

c. Pertains to matters relating to the preparation for and carrying out of all emergency
functions intended to thwart a deliberate act intended to result in widespread or severe
damage to property or widespread injury or loss of life (i.e., terrorism).

− A motion to seal, if any, should be the first item of public business after the Board
exits the non-public session, and must state one of the three grounds above
allowing sealing.

− If the minutes are not prepared/approved during the non-public sessions itself, the
Board should discuss the content of the minutes prior to exiting so that any vote to
seal will be an informed vote.

− When making or voting upon a motion to seal, the Board member who made the
motion should consider and state the duration that minutes be sealed based upon
the grounds supporting the sealing. This can be done either by stating a date they
are sealed until, or a date by which the Board might review the minutes’ status. For
instance, minutes sealed because divulgence of the information would likely affect
adversely the reputation of a person other than a member of the Board might
remain sealed permanently, while minutes sealed because disclosure would
“render the action ineffective” should be sealed only for as long as that reason
exists or is anticipated to exist. Pursuant to RSA 91-A:3, III, non-public minutes
relating to discussion about lease, purchase or sale of property (91-A:3, II(d)) must
be made available “as soon as practicable after the transaction has closed or the
Board has decided not to proceed with the transaction.”

Minutes of the Non-Public Session Itself. In addition to the information included in all minutes as
described in paragraphs B.1-7, above, minutes of the non-public session must include “all
actions” and decisions (i.e., votes, including negative votes) taken by the Board, with a record of
how each member voted. If the Board does not “seal” the minutes of the non-public session, then
such information must be disclosed to the public within 72 hours of the close of the meeting.

Sealed Minutes List. In order to comply with RSA 91-A:3, III, the Superintendent is directed to
maintain a list of all sealed minutes for non-public sessions occurring after July 1, 2021. The list
(referred to as the “Sealed Minutes List”) shall include:

a. the name of the public body (e.g., School Board, Policy Committee, etc.);

b. the date, time, and location of the public meeting (from meeting notice);

c. the start and end times of the non-public session;

d. the specific grounds upon which the non-public session occurred (e.g., RSA 91-A:3, II (b)
and (c), etc.);

e. the specific grounds upon which the minutes were sealed (e.g., “disclosure would render
the action ineffective” or “disclosure would likely adversely affect the reputation of a non-
board member,” etc.);

f. the date the vote to seal the minutes occurred;

g. the date, if any stated in the original motion or subsequently, on which the sealed minutes
will be unsealed; the motion to seal should, when possible, state the date the minutes
should be unsealed or at least reviewed by the Board or other public body; and

h. the date, if any, of a subsequent decision to unseal the minutes

The Sealed Minutes List shall be updated each time the public body seals non-public minutes,
and the updated List shall be made as soon as practicable for public disclosure.

Reviewing and Unsealing Previously Sealed Minutes. Pursuant to RSA 91-A:3, IV, starting on
October 3, 2023, sealed minutes must either be reviewed within each ten year period or unsealed
no later than the expiration of ten years following the date they were sealed or last reviewed.
Minutes sealed prior to October 3, 2023 must be reviewed and/or unsealed by October 3, 2033.

The Board will review previously sealed non-public minutes within ten years of the date the
minutes were first sealed, or within ten years of the last time those minutes were last reviewed by
the Board. The minutes shall be unsealed by majority vote of the Board if the circumstances
justifying sealing the minutes no longer apply. Minutes which are not reviewed after 10 years will
be automatically unsealed. Although discussion of whether to unseal such minutes should occur
in non-public session pursuant to RSA 91-A:3, II (m), any vote to unseal must occur in public
session.

Legal References:
RSA 91-A:2 II-a, RSA 91-A:3 III Public Records and Meetings: Non-Public Sessions and RSA 91-
A:4 I Public Records and Meetings: Minutes and Records available for Public Inspection, RSA
189:29-a Records Retention and Disposition

Adopted: October 12, 1999
Revised: May 7, 2009, December 6, 2017, January 3, 2019, January 4, 2024

Rules Of Order

By on June 5, 2014 in

CSD File: BEDD
CANDIA SCHOOL DISTRICT
RULES OF ORDER

It is the desire of the Board that meetings shall be formal enough for orderly procedure but informal enough to be natural and to encourage free discussion and to promote group thinking and action.

Meetings of the Candia School Board will be conducted in a manner which is consistent with common courtesy and respect. School Board meetings will be conducted in accordance with the following guiding principles:
1. Individual board members, members of the public, and administration and staff will not speak until recognized by the Chair.
2. All members and attendees will refrain from separate and private conversations while an individual has the floor.
3. Robert’s Rules of Order may be used as a guide when motions are necessary.

Adopted: January 5, 1983
Adopted: October 7, 1999
Revised: October 5, 2017

Quorum

By on June 5, 2014 in

CSD File: BEDC
CANDIA SCHOOL DISTRICT
QUORUM

A simple majority of the Board shall constitute a quorum for the transaction of business.
Board members unable to attend a meeting in person may participate via electronic means in accordance with RSA 91-A:2 III. However, in all circumstances, a quorum shall only be met when a quorum of the Board is physically present at the meeting.

Legal Reference: RSA 91-A2

Adopted: October 7, 1999
Revised: January 5, 2017

Agenda Preparation And Dissemination

By on June 5, 2014 in

CSD File: BEDB
CANDIA SCHOOL DISTRICT
AGENDA PREPARATION AND DISSEMINATION

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 seven
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. 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.

Statutory Reference:
RSA 91-A:3, Access to Government Records and Meetings: Non-Public Sessions

Adopted: March 16, 1983
Revised: July 8, 1986
Adopted: October 7, 1999
Revised: December 6, 2017

 

Non-Public Sessions

By on June 5, 2014 in

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

 

Emergency Meetings

By on June 5, 2014 in

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

 

School Board Meeting Preparation

By on June 5, 2014 in

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

Board Member Development Opportunities

By on June 5, 2014 in

CSD File: BIB
CANDIA SCHOOL DISTRICT
BOARD MEMBER DEVELOPMENT OPPORTUNITIES

The Candia School Board places a high priority on the importance of a planned and continuing program of in-service education for its members. The central purpose of the program is to enhance the quality and effectiveness of public school governance in our community. The Board will attempt to plan specific in-service activities designed to assist board members in their efforts to improve their skills as members of a policy-making body; to expand their knowledge about trends, issues, and new ideas affecting the continued welfare of our local schools; and to deepen their insights into the nature of leadership in a modern democratic society.

Funds shall be budgeted annually to support the program. Individual board members shall be reimbursed for out-of-pocket costs incurred through participation in approved activities.

The Board regards the following as the kinds of activities and services appropriate for implementing this policy:
1. An awareness of conferences, conventions, and workshops which appear to be the most promising in terms of producing benefits to the School District.
2. Participation in School Board conferences, workshops, and conventions held by the State and National School Board Associations.
3. District-sponsored training sessions for Board members.
4. Subscriptions to publications addressed to the concerns of board members.

When a conference, convention, or workshop is not attended by the full Board, those who do participate may be requested to share information, recommendations, and materials acquired from the meeting.

Adopted: October 7, 1999
Revised: June 7, 2018