CSD File: JLCEA/KFD/GBGBA
CANDIA SCHOOL DISTRICT
USE AND LOCATION OF AUTOMATED EXTERNAL DEFIBRILLATOR(S)

The Candia School District, in coordination with the Candia Fire Department, has purchased an
Automatic External Defibrillator(s) (AED) for use in emergency situations warranting its use. The
use/administration/maintenance of the AED is subject to the following conditions:

1. Location of the AED(s)
The building principal and school nurse shall select and approve the locations for the AEDs. At
least one AED shall be readily accessible in a well-marked and safe place for use in responding to
cardiac emergencies, and shall not be located in an office or be stored in a location that is not
easily and quickly accessible.

2. Authorized Employees/Training of Users
AEDs will only be administered by those employees designated by the Principal, in consultation
with the school nurse. Employees will only be authorized after they have successfully received
completed appropriate training in cardiopulmonary resuscitation and AED use. Such training may
be provided by the school nurse or from another source acceptable to the school nurse and
principal.

3. Maintenance
AEDs will be maintained by the Candia Fire Department. Maintenance shall be done according to
the AED manufacturer’s specifications. The school nurse will maintain a record of all
maintenance which has been performed on the AED(s).

4. Registration of AED(s)
In accordance with RSA 153-A:33, the school nurse or his/her designee shall register the AED(s)
with the New Hampshire Department of Safety. See sample registration forms in Appendix
GBGBA-R or at www.state.nh.us/safety/ems/aed public registry packet.pdf.

5. Incident Reporting: The school nurse or designee shall report all instances of AED use with
the New Hampshire Department of Safety. See sample incident report forms in Appendix KFD-R
or at www.state.nh.us/safety/ems/aed public registry packet.pdf.

6. Liability Limited
The Candia School District, and persons administering the AED(s), shall have the limitations of
liability as specified in RSA 153:A-31, as well as other sources of law.

All employees of the District are expected to comply with the administration of this policy. Any
violation of this policy shall constitute grounds for disciplinary action, up to and including
termination of employment.

Legal Reference:
Further information: RSA 153-A:28-33State of NH, Bureau of Emergency Medical Services, 603-
271-4568

Appendix GBGBA-R

Adopted: November 4, 2004
Revised: February 5, 2009, December 4, 2024

CANDIA SCHOOL DISTRICT
AUTOMATED EXTERNAL DEFIBRILLATOR(S)

Contents of JLCEA-R
New Hampshire Department of Safety Division of Fire Standards and Training & Emergency Medical Services
Instructions for Completing the Automated External Defibrillation (AED) Registry Form

Refer to PDF

CSD File: JLCJA
Candia School District
Emergency Plan for Sports Related Injuries

For responding to serious or potentially life-threatening injuries sustained from sports or
other school sponsored athletic activities. The Sports Injury Emergency Action Plan shall:

a. Document the proper procedures to be followed when a student sustains a
serious injury or illness while participating in school sponsored sports or other
athletic activity;
b. List the employees, team coaches, and licensed athletic trainers in each school
who are trained in first aid or cardiopulmonary resuscitation;
c. Identify the employees, team coaches, or licensed athletic trainers responsible
for carrying out the emergency action plan;
d. Identify the activity location, address, or venue for the purpose of directing
emergency personnel;
e. Identify the equipment and supplies and location thereof needed to respond to
the emergency;
f. Identify the location of any automated external defibrillators and personnel
trained in the use of the automated external defibrillator; and
g. Document policies related to cooling for an exertional heat stroke victim
consistent with guidelines established by the American College of Sports
Medicine and the National Athletic Trainers’ Association.

Dissemination of Sports Injury Emergency Action Plan.
The Sports Injury Emergency Action Plan shall be posted within each school and
disseminated to, and coordinated with, pertinent emergency medical services, fire
department, and law enforcement.

Additional Written Protocols and Procedures Required.
The Superintendent or his/her designee shall develop written procedures and protocols as
described below:

Hydration, Heat Acclimatization and Wet Globe Temperature – protocols relating to
hydration, heat acclimatization and wet bulb globe temperature as established by the
American College of Sports Medicine and the National Athletic Trainers’ Association;

Student Medical History – procedures for obtaining student-participant medical
information for each student athlete prior to engaging in sports. Such information
must include:

a. injury or illness related to or involving any head, face, or cervical spine;
b. cardiac injury or diagnosis;
c. exertional heat stroke;
d. sickle cell trait;
e. asthma;
f. allergies; or
g. diabetes

Access, filing, and confidentiality of student-participant medical information shall be
managed in accordance with the Family Educational Rights and Privacy Act (FERPA),
and the Health Insurance Portability and Accountability Act (HIPAA).

Student Return to Play – Procedures governing a student’s to return to play after a
sports or illness related injury pertaining to this policy are in addition to the return to
play provisions specific to head injuries set forth in Board policy JLCJ, and copies of
the procedures must be maintained at the SAU office and available to the Department
of Education and public upon request.

Annual Review and Update. The Superintendent and/or designee shall assure that the
Sports Injury Emergency Action Plan, and all procedures and protocols adopted pursuant to
this policy are reviewed no less than annually and updated as necessary. Copies of the
updated Plan and procedures should be provided to the Board no later than the start of each
school year.

Inclusion of Sports Injury Emergency Action Plan with Emergency Response Plan.
The Sports Injury Emergency Action Plan shall be included with each school’s annual
Emergency Response Plan.

Legal References:
20 U.S.C. §1232g, Family Educational Rights and Privacy Act (FERPA)

Adopted: October 5, 2023

CSD File: JLCB-R
CANDIA SCHOOL DISTRICT
IMMUNIZATION REQUIREMENTS

All immunization requirements will comply with current state requirements.

Conditional Enrollment
Conditional enrollment shall be granted to a student who provides a record that shows he/she has received at least one dose of DTP, DTaP, DT, or Td; one dose of Polio vaccine; one dose of MMR; and one dose of Hepatitis B (if born on or after 1/1/93) and has an appointment date for the next required dose/doses of vaccine. The appointment date shall serve as the exclusion date if the child fails to keep the scheduled appointment. This process shall continue until all required doses of vaccine have been received. Students granted conditional enrollment status last year are not entitled to continue conditional status this year. Conditional enrollment is a one-time condition, not to be extended or renewed for the same dose of vaccine.

Medical Exemptions
Medical exemptions are granted to a child if his/her health care provider thinks that an immunization against a particular disease may be detrimental to the child’s health. The exemption must be written on the health care provider’s letterhead and must be signed by a licensed health care provider. A separate medical exemption is required for each antigen. A specific time frame must be stated for the exemption or for when the situation will be re-evaluated.

Religious Exemptions
Religious exemptions may be granted for all vaccines for an indeterminate length of time. The official New Hampshire Certificate of Religious Exemption form must be signed by the parent/guardian. All exemption forms must be maintained with health records.

Legal References:
RSA 141-C:20-c, Immunization Exemptions
RSA 200:38, Control and Prevention of Communicable Diseases; Duties of School Nurse
Ed. 301:14

Adopted: August 4, 2005
Revised: January 5, 2023

CSD File: JBAA
CANDIA SCHOOL DISTRICT
TITLE IX SEXUAL HARASSMENT AND SEXUAL VIOLENCE-STUDENTS
SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE

I. PURPOSE
The purpose of this Policy is to maintain a learning environment that is free from sexual
discrimination, harassment and violence, or other improper or inappropriate behavior that may
constitute harassment as defined below. The District does not discriminate on the basis of sex and
prohibits sex discrimination in employment and in all education programs or activities that it
operates as required by Title IX.

Sexual discrimination, harassment, and violence are against the law and school board policy. Any
form of sexual discrimination, harassment or violence is strictly prohibited.

It is a violation of this Policy for any student to harass another student, employee or person within
the District through conduct or communication of a sexual nature as defined by this Policy. It is a
violation of this Policy for any student to be sexually violent toward another student, employee, or
person within the District.

The District will investigate all complaints of sexual harassment, discrimination, or sexual violence
in accordance with the grievance procedures in this Policy, and will discipline any student who
sexually discriminates, harasses or is sexually violent toward another person within the District. For
all complaints the District will offer supportive measures to both complainants and respondents.

The grievance procedures provide for the prompt and fair and objective resolution of complaints
made by students, employees, or other individuals who are participating or attempting to
participate in its education program or activity, or by the Title IX Coordinator, alleging any
action that would be prohibited by Title IX or the Title IX regulations.

II. TITLE IX COORDINATOR
The District’s Title IX Coordinator is: Kimberly Sarfde, the Assistant Superintendent, 90 Farmer Rd.,
Hooksett, NH 03106, ksarfde@sau15.net; (603) 622-3731 x 4012.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX,
including offering and coordinating the effective implementation of supportive measures; treating
the complainant and respondent objective and fairly; notifying the complainant or, if the
complainant is unknown, the individual who reported the conduct of the grievance procedures;
notifying the respondent of all the grievance procedures; initiating the grievance procedures; and
implementing remedies.

The Title IX Coordinator’s responsibilities include establishing a process to notify applicants for
employment and admission, students, parents or legal guardians, employees, and all unions of the
Title IX Coordinator’s name, title, office address, e-mail address and telephone number.

The District shall post the Title IX Coordinator’s title, name, office address, e-mail address and
telephone number in conspicuous places throughout school buildings, on the District’s website, and
in each handbook.

III. SEXUAL DISCRIMINATION, HARASSMENT/SEXUAL VIOLENCE DEFINED

A. Sex discrimination is discrimination based on sex, sex stereotypes, sex characteristics,
pregnancy or related conditions, sexual orientation, and gender identity.

Sex-based harassment is a form of sex discrimination and means sexual harassment
and other harassment on the basis of sex, including on the basis of sex stereotypes, sex
characteristics, pregnancy or related conditions, sexual orientation, and gender identity,
that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by
the District to provide an aid, benefit, or service under the District’s education
program or activity explicitly or impliedly conditioning the provision of such an aid,
benefit, or service on a person’s participation in unwelcome sexual conduct;

2. Hostile environment harassment. Unwelcome sex-based conduct that, based
on the totality of the circumstances, is subjectively and objectively offensive and is so
severe or pervasive that it limits or denies a person’s ability to participate in or
benefit from the District’s education program or activity (i.e., creates a hostile
environment). Whether a hostile environment has been created is a fact-specific
inquiry that includes consideration of the following:

a. The degree to which the conduct affected the complainant’s ability to
access the District’s education program or activity;
b. The type, frequency, and duration of the conduct;
c. The parties’ ages, roles within the District’s education program or activity,
previous interactions, and other factors about each party that may be
relevant to evaluating the effects of the conduct;
d. The location of the conduct and the context in which the conduct occurred;
and
e. Other sex-based harassment in the District’s education program or activity;
or

3. Specific offenses.

a. Sexual assault meaning an offense classified as a forcible or nonforcible
sex offense under the uniform crime reporting system of the Federal Bureau
of Investigation;

b. Dating violence meaning violence committed by a person:
(A) Who is or has been in a social relationship of a romantic or intimate
nature with the victim; and
(B) Where the existence of such a relationship shall be determined based on
a consideration of the following factors:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the persons involved in the
relationship;

c. Domestic violence meaning felony or misdemeanor crimes committed by a
person who:
(A) Is a current or former spouse or intimate partner of the victim under the
family or domestic violence laws of the jurisdiction of the District, or a person
similarly situated to a spouse of the victim;
(B) Is cohabitating, or has cohabitated, with the victim as a spouse or
intimate partner;
(C) Shares a child in common with the victim; or
(D) Commits acts against a youth or adult victim who is protected from those
acts under the family or domestic violence laws of the jurisdiction; or

d. Stalking meaning engaging in a course of conduct directed at a specific
person that would cause a reasonable person to:
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.

B. Sexual Harassment/Discrimination State Law
Some forms of sex discrimination/harassment do not meet the definition in Title IX but are
prohibited under State law.

State law defines sex discrimination/harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or
physical conduct of a sexual nature constitutes sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual’s employment or educational benefits;
(b) Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions or educational benefits affecting such individual; or
(c) Such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or a student’s academic performance or creating an
intimidating, hostile, or offensive working environment.

Conduct violating State law but not Title IX will be investigated under other Policies such as Policy
AC.

C. Examples of Sexual Discrimination/Harassment

Sexual harassment may include, but is not limited to:
1. Verbal harassment and/or abuse of a sexual nature;
2. Subtle pressure for sexual activity;
3. Inappropriate patting, pinching or other touching;
4. Intentional brushing against a person’s body;
5. Demanding sexual favors accompanied by implied or overt threats;
6. Demanding sexual favors accompanied by implied or overt promises of preferential
treatment;
7. Any sexually motivated unwelcome touching; or
8. Sexual violence that is a physical act of aggression that includes a sexual act or sexual
purpose.

Throughout this Policy reference to sexual harassment includes sexual discrimination and violence.

IV. REPORTING PROCEDURES

This Policy shall apply to all students, employees, volunteers, and third parties including those who
contract with the District to provide services to the District’s students or employees, upon District
property or during any school program or activity. All District employees except confidential
employees who receive information or become aware of conduct that may reasonably be sex
discrimination must immediately notify the Title IX Coordinator. If the report is about conduct by
the Title IX Coordinator, the report shall be made to the Superintendent. The reporting
requirements do not apply to an employee who has been personally subjected to conduct that
reasonably may constitute sex discrimination under Title IX.

A “confidential employee” is a District employee whose communications are privileged or
confidential under State or Federal law, and who receives information that reasonably may be sex
discrimination while functioning within the scope of the employee’s privileged or confidential duties.
However, a confidential employee must specifically advise the individual reporting sex
discrimination:

a. The employee’s status as a confidential employee under Title IX, including the
circumstances in which the employee is not required to notify the Title IX Coordinator
about conduct that reasonably may constitute sex discrimination;

b. How to contact the District’s Title IX Coordinator and how to make a complaint of sex
discrimination; and

c. The Title IX Coordinator may be able to offer and coordinate supportive measures, as
well as initiate an investigation under the Grievance Procedures.

An employee required to report conduct that may reasonably be sex discrimination who fails to
report the conduct will be subject to discipline up to and including suspension or termination.

V. COMPLAINTS

The following individuals have a right to make a complaint of sex discrimination, including
complaints of sex-based harassment, requesting that the District investigate and make a
determination about alleged discrimination under Title IX:

1. A “complainant,” which includes:
a. a student or employee of the District who is alleged to have been subjected to
conduct that could constitute sex discrimination under Title IX;
b. a person other than a student or employee of the District who is alleged to
have been subjected to conduct that could constitute sex discrimination under
Title IX at a time when that individual was participating or attempting to
participate in the District’s education program or activity;

2. A parent, guardian, or other authorized legal representative with the legal right to act
on behalf of a complainant; or

3. The District’s Title IX Coordinator.

If the complainant or respondent is a student with a disability, the Title IX Coordinator shall consult
with one or more members of the student’s IEP or Section 504 team to determine how to comply
with the IDEA and Section 504 throughout the grievance procedures.

A person is entitled to make a complaint of sex-based harassment only if the individual is alleged to
have been subjected to the sex-based harassment, if the individual has a legal right to act on
behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the
requirements in Section VI.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to
the individuals listed above, the following individuals have a right to make a complaint:
1. Any student or employee the District; or
2. Any person other than a student or employee who was participating or attempting to
participate in the District’s education program or activity at the time of the alleged sex
discrimination.

The District may consolidate complaints of sex discrimination against more than one respondent, or
by more than one complainant against one or more respondents, or by one party against another
party, when the allegations of sex discrimination arise out of the same facts or circumstances, and
the consolidation does not violate FERPA. Consolidation does not violate FERPA when the District
obtains prior written consent from the parents to disclose their child’s education records.

VI. TITLE IX COORDINATOR INITIATING A COMPLAINT

1. In the absence of a complaint or the withdrawal of any or all of the allegations in a
complaint, and in the absence of an informal resolution process, the Title IX Coordinator
may determine whether to initiate a complaint of sex discrimination by making a factspecific determination considering at a minimum the following factors:

a. The complainant’s request not to proceed with initiation of a complaint;
b. The complainant’s reasonable safety concerns regarding initiation of a complaint;
c. The risk that additional acts of sex discrimination would occur if a complaint is not
initiated;
d. The severity of the alleged sex discrimination, including whether the discrimination,
if established, would require the removal of a respondent from school or imposition
of another disciplinary sanction to end the discrimination and prevent its
recurrence;
e. The age and relationship of the parties, including whether the respondent is an
employee of the District;
f. The scope of the alleged sex discrimination, including information suggesting a
pattern, ongoing sex discrimination, or sex discrimination alleged to have impacted
multiple individuals;
g. The availability of evidence to assist a decision maker in determining whether sex
discrimination occurred; and
h. Whether the District could end the alleged sex discrimination and prevent its
recurrence without initiating its grievance procedures.

2. If, after considering these and other relevant factors, the Title IX Coordinator
determines that the conduct as alleged presents an imminent and serious threat to the
health or safety of the complainant or other person, or that the conduct as alleged
prevents the District from ensuring equal access on the basis of sex to its education
program or activity, the Title IX Coordinator may initiate a complaint.

3. If the Title IX Coordinator determines to initiate a complaint, the Title IX Coordinator
shall notify the complainant prior to doing so and appropriately address reasonable
concerns about the complainant’s safety or the safety of others, including by providing
supportive measures.

4. Regardless of whether a complaint is initiated, the Title IX Coordinator shall take other
appropriate prompt and effective steps, in addition to steps necessary to effectuate the
remedies provided to an individual complainant, if any, to ensure that sex
discrimination does not continue or recur within the District’s education program or
activity.

VII. SUPPORTIVE MEASURES

Supportive measures are individualized measures offered as appropriate, as reasonably available,
without unreasonably burdening a complainant or respondent, not for punitive or disciplinary
reasons, and without fee or charge to the complainant or respondent to:

1. Restore or preserve that party’s access to the District’s education program or activity,
including measures that are designed to protect the safety of the parties or the
District’s educational environment; or
2. Provide support during the District’s grievance procedures.

Supportive measures may include counseling, extensions of deadlines or other course-related
adjustments, modifications of work or class schedules, shadowing, mutual restrictions on contact
between parties, changes in work or school locations, leaves of absence, increased security and
monitoring of certain areas of the school, and other similar measures.

The District will maintain as confidential any supportive measures provided to the complainant or
respondent, to the extent that maintaining such confidentiality would not impair the ability of the
District to provide the supportive measures.

VIII. GRIEVANCE PROCEDURES

A. Notice of Allegations

The Title IX Coordinator upon receipt of a complaint shall provide written notice to the complainant
and respondent of the following:

1. The District’s Title IX grievance procedures;
2. Sufficient information available at the time to allow the parties to respond to the
allegations, including the identities of the parties involved in the incident(s), the
conduct alleged to constitute sex discrimination, and the date(s) and location(s) of the
alleged incident(s);
3. Retaliation is prohibited; and
4. The parties are entitled to an equal opportunity to access the relevant and not
otherwise impermissible evidence or an accurate description of this evidence. If the
District provides a description of the evidence, the parties are entitled to an equal
opportunity to access the relevant and not otherwise impermissible evidence upon the
request of any party.

If, in the course of an investigation, the District decides to investigate additional allegations of sex
discrimination by the respondent toward the complainant that are not included in the notice
provided or that are included in a complaint that is consolidated, the District will notify the parties
of the additional allegations.

B. Grievance Procedure Requirements

The District requires that any Title IX Coordinator, investigator, or decisionmaker must not have a
conflict of interest or bias for or against complainants or respondents generally or an individual
complainant or respondent. The District will use a single-investigator model in which the
investigator and decisionmaker will be the same person. The investigator may be the Title IX
Coordinator or a District employee or independent third party investigator.

The District presumes that the respondent is not responsible for the alleged sex discrimination until
a determination is made at the conclusion of its grievance procedures.

The District has established the following timeframes for the major stages of the grievance
procedures:
1. Evaluating whether to investigate or dismiss complaint – three (3) school days
2. Investigation – ten (10) school days
3. Determination – five (5) school days after investigation is completed
4. Appeal of dismissal – five (5) school days after dismissal
5. Hearing on dismissal appeal – ten (10) school days

The Superintendent may grant a reasonable extension of the timeframes on a case-by-case basis
at the request of either party, the Title IX Coordinator, or investigator, for good cause with notice
to the parties that includes the reason for the delay. Good cause may include the availability of
parties or witnesses, holidays or vacations, concurrent law enforcement or other agency activity, or
the need to accommodate disabilities.

The District will take reasonable steps to protect the privacy of the parties and witnesses during its
grievance procedures. These steps will not restrict the ability of the parties to obtain and present
evidence, including by speaking to witnesses; consult with their family members, confidential
resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The
parties cannot engage in any retaliation, including retaliation against witnesses.

The District will objectively evaluate all evidence that is relevant and not otherwise impermissible—
including both inculpatory and exculpatory evidence. Credibility determinations will not be based on
a person’s status as a complainant, respondent, or witness.

“Relevant Evidence” is evidence related to the allegations of sex discrimination under
investigation. Questions are relevant when they seek evidence that may aid in showing whether
the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker
in determining whether the alleged sex discrimination occurred.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will
not be accessed or considered, except by the District to determine whether one of the exceptions
listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether
they are relevant:

1. Evidence that is protected under a privilege recognized by Federal or State law or
evidence provided to a confidential employee, unless the person to whom the privilege
or confidentiality is owed has voluntarily waived the privilege or confidentiality;
2. A party’s or witness’s records that are made or maintained by a physician, psychologist,
or other recognized professional or paraprofessional in connection with the provision of
treatment to the party or witness, unless the District obtains that party’s or witness’s
voluntary, written consent for use in its grievance procedures; and
3. Evidence that relates to the complainant’s sexual interests or prior sexual conduct,
unless evidence about the complainant’s prior sexual conduct is offered to prove that
someone other than the respondent committed the alleged conduct or is evidence
about specific incidents of the complainant’s prior sexual conduct with the respondent
that is offered to prove consent to the alleged sex-based harassment. The fact of prior
consensual sexual conduct between the complainant and respondent does not by itself
demonstrate or imply the complainant’s consent to the alleged sex-based harassment
or preclude determination that sex-based harassment occurred.

IX. INVESTIGATION

The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the
complaint), upon receipt of a complaint alleging sexual harassment shall immediately evaluate the
complaint and determine whether an investigation is required. This investigation may be
conducted by District officials or by a third party designated by the District.

The District will provide for adequate, reliable, and impartial investigation of complaints.

The burden is on the District—not on the parties—to conduct an investigation that gathers
sufficient evidence to determine whether sex discrimination occurred.

The District will provide an equal opportunity for the parties to present fact witnesses and other
inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

The District will review all evidence gathered through the investigation and determine what
evidence is relevant and what evidence is impermissible regardless of relevance.

The District will provide each party with an equal opportunity to access the evidence that is
relevant to the allegations of sex discrimination and not otherwise impermissible, in the following
manner:

1. The District will provide an equal opportunity to access either the relevant and not
otherwise impermissible evidence, or an accurate description of this evidence. If the
District provides a description of the evidence, the District will provide the parties with
an equal opportunity to access the relevant and not otherwise impermissible evidence
upon the request of any party;

2. The District will provide a reasonable opportunity to respond to the evidence or the
accurate description of the evidence; and

3. The District will take reasonable steps to prevent and address the parties’ unauthorized
disclosure of information and evidence obtained solely through the grievance
procedures. Disclosures of such information and evidence for purposes of
administrative proceedings or litigation related to the complaint of sex discrimination
are authorized.

Questioning the Parties and Witnesses

The District will provide a process that enables the decisionmaker to question parties and witnesses
to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and
relevant to evaluating one or more allegations of sex discrimination.

In the single-investigator model, credibility will be determined during the investigation process.

In determining whether alleged conduct constitutes sexual harassment, the District should consider
the surrounding circumstances, the nature of the sexual advances, relationships between the
parties involved and the context in which the alleged incidents occurred. Whether a particular
action or incident constitutes sexual harassment or sexual violence requires a determination based
on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against
whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or
circumstances giving rise to the complaint. The investigation may also consist of any other
methods and documents deemed pertinent by the investigator. Students who are interviewed may
have a parent present during the interview.

If during the investigation, the District decides to investigate allegations not in the complaint, the
Title IX Coordinator shall provide written notice to the parties of the additional allegations.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal
opportunity to respond to the evidence or accurate description of any evidence.

The investigator’s report shall include a summary of the relevant evidence.

X. DETERMINING WHETHER SEX DISCRIMINATION OCCURRED

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence,
the District will:

1. Use the preponderance of the evidence standard to determine whether sex
discrimination occurred. The standard of proof requires the decisionmaker to evaluate
relevant and not otherwise impermissible evidence for its persuasiveness. If the
decisionmaker is not persuaded by a preponderance the evidence that sex
discrimination occurred, whatever the quantity of the evidence is, the decisionmaker
will not determine that sex discrimination occurred. The decisionmaker’s conclusion
and rationale will be included in the report.

2. Notify the parties in writing of the determination whether sex discrimination occurred
under Title IX including the rationale for such determination, and the procedures and
permissible bases for the complainant and respondent to appeal, if applicable;

3. Not impose discipline on a respondent for sex discrimination prohibited by Title IX
unless there is a determination at the conclusion of the grievance procedures that the
respondent engaged in prohibited sex discrimination.

4. If there is a determination that sex discrimination occurred, the Title IX Coordinator
will, as appropriate:
a. Coordinate the provision and implementation of remedies to a complainant
and other individuals the District identifies as having had equal access to the
District’s education program or activity limited or denied by sex discrimination,
such as reviewing the complainant’s grades, records, evaluations, etc. to
correct any injustice that may have occurred as a result of the harassment;
b. Coordinate the imposition of any disciplinary sanctions on a respondent,
including notification to the complainant of any such disciplinary sanctions; and
c. Take other appropriate prompt and effective steps to ensure that sex
discrimination does not continue or recur within the District’s education
program or activity such as supervising the respondent closely, checking in
with the complainant, separating the complainant and respondent with the
respondent being the one transferred.

5. Comply with the grievance procedures before the imposition of any disciplinary
sanctions against a respondent; and

6. Not discipline a party, witness, or others participating in the grievance procedures for
making a false statement or for engaging in consensual sexual conduct based solely on
the determination whether sex discrimination occurred. The District may, however,
address false statements by initiating a disciplinary process under its code of conduct
as long as there is evidence independent of the determination whether sex
discrimination occurred.

XI. DISMISSAL OF A COMPLAINT

The District may dismiss a complaint of sex discrimination if:
1. The District is unable to identify the respondent after taking reasonable steps to do so;
2. The respondent is not participating in the District’s education program or activity and is
not employed by the District;
3. The complainant voluntarily withdraws any or all of the allegations in the complaint,
the Title IX Coordinator declines to initiate a complaint, and the District determines
that, without the complainant’s withdrawn allegations, the conduct that remains
alleged in the complaint, if any, would not constitute sex discrimination under Title IX
even if proven; or
4. The District determines the conduct alleged in the complaint, even if proven, would not
constitute sex discrimination under Title IX. Before dismissing the complaint, the
District will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, the District will promptly notify the complainant of the basis for the dismissal. If
the dismissal occurs after the respondent has been notified of the allegations, then the District will
also notify the respondent of the dismissal and the basis for the dismissal promptly following
notification to the complainant, or simultaneously if notification is in writing.

The District will notify the complainant that a dismissal may be appealed and will provide the
complainant with an opportunity to appeal the dismissal of a complaint within five (5) school days
after the dismissal. If the dismissal occurs after the respondent has been notified of the
allegations, then the District will also notify the respondent that the dismissal may be appealed.

Dismissals may be appealed on the following bases:
1. Procedural irregularity that would change the outcome;
2. New evidence that would change the outcome and that was not reasonably available
when the dismissal was made; and
3. The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or
bias for or against complainants or respondents generally or the individual complainant
or respondent that would change the outcome.

Appeals of dismissal of the complaint will be heard by the Superintendent within ten (10) school
days after receipt of the appeal.

If the dismissal is appealed, the District will:
1. Notify the parties of any appeal, including notifying them of the allegations, if notice
was not previously provided to the respondent;
2. Implement appeal procedures equally for the parties;
3. Ensure that the decisionmaker for the appeal did not take part in an investigation of
the allegations or dismissal of the complaint;
4. Ensure that the decisionmaker for the appeal has been trained consistent with the Title
IX regulations;
5. Provide the parties a reasonable and equal opportunity to make a statement in support
of, or challenging, the outcome; and
6. Notify the parties of the result of the appeal and the rationale for the result.

When a complaint is dismissed, the District will, at a minimum:
1. Offer supportive measures to the complainant as appropriate;
2. If the respondent has been notified of the allegations, offer supportive measures to the
respondent as appropriate; and
3. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator
to ensure that sex discrimination does not continue or recur within the District’s
education program or activity.

XII. APPEAL OF DETERMINATION OF SEX DISCRIMINATION
The District will provide the parties an appeal process that at a minimum is the same as it offers in
all other comparable proceedings, if any, including proceedings relating to other discrimination
complaints.

XIII. REPRISAL/RETALIATION
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose
of interfering with any right or privilege secured by Title IX, or because the individual has made a
report or complaint, testified, assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under Title IX part.

Charging an individual with a code of conduct, policy or rule violation for making a materially false
statement in bad faith in a Title IX grievance proceeding is not retaliation provided, however, that a
determination regarding responsibility alone is not sufficient to conclude that any party made a
materially false statement in bad faith.

Complaints alleging retaliation may be filed according to the grievance procedures for sex
discrimination.

The exercise of rights protected under the First Amendment does not constitute retaliation.

XIV. ALLEGED CONDUCT NOT PROHIBITED UNDER TITLE IX
Allegations of conduct that are not prohibited by Title IX may be investigated under the District’s
other policies and rules of conduct.

XV. CONFIDENTIALITY
The District will keep confidential any personally identifiable information, including the identity of
any individual who has made a report or complaint of sexual harassment, any complaint, any
individual who has been reported to be the perpetrator of sex discrimination or harassment, any
respondent, and any witness, except as may be permitted by FERPA with written consent, or as
required by law, or to carry out Title IX, including the conduct of any investigation, hearing or
judicial proceeding arising thereunder.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL ABUSE
Consistent with the District’s policies, the Safe Schools Act, and State of New Hampshire laws, upon
receipt of any complaint that contains evidence of violence or criminal activity, the Principal, the
Superintendent of Schools, or School Board shall refer the complaint to law enforcement officials
and appropriate child protection authorities for investigation. If the alleged perpetrator is a person
holding a license or credential from the New Hampshire Department of Education (NH DOE), the
Superintendent shall report the matter to the NH DOE.

XVII. DISCIPLINE
The District will take such disciplinary action it deems necessary and appropriate, including
warning, suspension or immediate discharge to end sexual harassment and sexual violence and
prevent its recurrence.

XVIII. ALTERNATIVE COMPLAINT PROCEDURES, LEGAL REMEDIES, AND INQUIRIES
ABOUT TITLE IX
At any times, whether or not an individual files a complaint or report under this Policy, an individual
may file a complaint with the following agencies:

1. Office for Civil Rights, U.S. Department of Education, 5 Post Office3 Square, 8th Floor,
Boston, MA 02019-3921; Telephone number (617) 289-0111; Fax number (617) 289-0150;
E-mail OCR.Boston@ed.gov.

2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH
03301; Telephone number (603) 271-2767; E-mail humanrights@nh.gov.

3. U.S. Equal Employment Opportunity Commission, JFK Building, 15 New Sudbury St., Room
475, Boston MA 02203, phone (800) 669-4000, e-mail info@eeoc.gov.

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

Inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant
Secretary of the United States Department of Education, or both.

XIX. AGE-APPROPRIATE SEXUAL HARASSMENT POLICY
Ed 303.01(j) requires the school board to establish a policy on sexual harassment, written in age
appropriate language and published and available in written form to all students. This Policy is
intended to apply to middle-school and high-school aged students.

The Superintendent and Building Principal(s) are charged with establishing policies, rules, protocols
and other necessary age-appropriate information or materials for the District’s elementary schools.

XX. RECORD KEEPING
The District must maintain all records relating to a sexual harassment complaint, investigation, and
training for seven (7) years.

Legal Reference:
Title IX
NH Code of Administrative Rules, Section Ed. 303.01(j), Substantive Duties of
School Boards; Sexual Harassment Policy
NH Code of Administrative Rules, Section 306.04(a)(8), Student Harassment
NH Code of Administrative Rules, Section 306.04(a)(9), Sexual Harassment
Adopted: June 11, 1985
Adopted: June 1, 2000
Revised: June 7, 2007
Reviewed: June 6, 2019
Revised: June 3, 2021, November 2, 2023, November 7, 2024

CSD File: JX
CANDIA SCHOOL DISTRICT
FACIAL COVERINGS

The Candia School District shall not require any individual to wear a facemask or any other type of facial covering while on school grounds or at school related events.

Adopted: May 5, 2022

CSD File: JLCFA
CANDIA SCHOOL DISTRICT
FEMININE HYGIENE PRODUCTS

The Candia School District shall make tampons and sanitary napkins available at no cost in the middle school wing and in the nurse’s bathroom(s).

Legal References:
RSA 189:16-a, Menstrual Hygiene Products (2019 Laws Chapter 252)

Adopted: January 26, 2021

CSD File: JLDBB
CANDIA SCHOOL DISTRICT
SUICIDE PREVENTION AND RESPONSE

The Candia School Board is committed to protecting the health, safety, and welfare of its students and school community. This policy supports federal, state, and local efforts to provide education on youth suicide awareness and prevention; to establish methods of prevention, intervention, and response to suicide or suicide attempt (“postvention”); and to promote access to suicide awareness, prevention and postvention resources.

A. District Suicide Prevention Plan and Biennial Review

The Superintendent shall develop and provide to the Board for approval, a coordinated written District Suicide Prevention Plan to include guidelines, protocols and procedures with the objectives of prevention, risk assessment, intervention and response to youth suicides and suicide attempts.

1. Specific Requirements for Plan Terms
The District Suicide Prevention Plan shall include terms relating to:
a. Suicide prevention (risk factors, warning signs, protective factors, referrals);
b. Response to in-or-out-of-school student suicides or suicide attempts (postvention, suicide contagion);
c. Student education regarding safe and healthy choices, coping strategies, recognition of risk factors, and warning signs of mental disorders and suicide; and help seeking strategies;
d. Training of staff, designated volunteers, and contracted personnel on the issues of youth suicide risk factors, warning signs, protective factors, response procedures, referrals, post-intervention, and resources available within the school and community;
e. Confidentiality considerations;
f. Designation of any personnel, in addition to the District Suicide Prevention Coordinator and Building Suicide Prevention Liaison, to act as points of contact when students are believed to be at an elevated risk of suicide;
g. Information regarding stated and community resources for referral, crisis intervention, and other related information;
h. Dissemination of the Plan or information about the Plan to students, parents, faculty, staff, and school volunteers;
i. Promotion of cooperative efforts among the District and its schools and community suicide prevention program personnel;
j. Such include such other provisions deemed appropriate to meet the objectives of the Policy (e.g., student handbook language, reporting processes, “postvention” strategies, memorial parameters, etc.).

2. Biennial Review
No less than once every two years, the Superintendent, in consultation District Suicide Prevention Coordinator, and Building Suicide Prevention Liaison, and with input and evidence from community health or suicide prevention organizations, and District health, and guidance personnel, shall update the District Suicide prevention Plan, and present the same to the Board for review. Such Plan updates shall be submitted to the Board in time for appropriate budget consideration.

B. Suicide Prevention Coordinator and Liaison

District Suicide Prevention Coordinator
The Director of Student Services shall serve as the appointed District Suicide Prevention Coordinator, who, under the direction of the Superintendent, shall be responsible for:
a. Developing and maintaining cooperative relationships with and coordination efforts around the District and community suicide prevention programs and personnel;
b. Annual updating of (i) State and community crisis or intervention referral intervention information, and (ii) names and contact information of Building Suicide Prevention Liaison, for inclusion in student handbooks and on the District’s website;
c. Developing – or assisting individual teachers with the development – of age appropriate student educational programming, such that all students receive information in the importance of safe and healthy choices and coping strategies, recognizing risk factors and warning signs of mental disorders and suicide in oneself and others, and providing help-seeking strategies for oneself or others, including how to engage school resources and refer friends for help
d. Developing or assisting in the development of the annual staff training required under section C of this policy;
e. Such other duties as referenced in the policy or as assigned by the Superintendent.

Building Suicide Prevention Liaison
The school guidance counselor shall be designated as the Building Suicide Prevention Liaison and shall serve as the in-building point-of-contact person when a student is believed to be at an elevated risk for suicide. Employees who have reason to believe a student is at risk of suicide, or is exhibiting risk factors for suicide, shall report that information to the Building Liaison, who shall, immediately or as soon as possible, establish and implement a response plan with the District Suicide Prevention Coordinator.

C. Annual Staff Training
The Superintendent shall assure that all school building faculty and staff, designated volunteers, and any other personnel who have regular contact with students, including contracted personnel or third-party employees, receive at least two hours of training in suicide awareness and prevention. Such training may include matters as youth suicide risk factors, warning signs, protective factors, intervention, response procedures, referrals, and postvention and local resources.

D. Dissemination
Student handbooks and the District’s website will be updated each year with the contact information for the Building Suicide Prevention Liaison, State and community crisis or intervention referral intervention resources. The District Suicide Prevention Plan will be made available on the school district’s website.

Legal References:
RSA 193-J: Suicide Prevention Education

Adopted: January 30, 2020
Revised: January 26, 2021

CSD File: JFABE
CANDIA SCHOOL DISTRICT
EDUCATION OF CHILDREN IN FOSTER CARE

It is the Board’s intent to remove barriers to the identification, enrollment and retention in school of children who are in foster care. All staff shall take reasonable steps to ensure that children in foster care are not segregated or stigmatized and that educational decisions are made in the best interests of those students.

A. Definition
Under guidance issued jointly by NHDOE and the N.H. Department of Health and Human Services, and for the purposes of this Policy, “foster care” shall mean “24 hour substitute care for children placed away from their parents or guardians for whom the child welfare agency has placement and care responsibility. This includes children in foster family homes, shelters, relative foster homes, group homes and residential facilities, regardless of whether the foster care facility is licensed or whether payments are made by the state.” To the extent required under applicable law, a child in foster care under this policy also includes children whom an appropriate child welfare agency indicates are awaiting a foster care placement. (Note: children awaiting foster care may also qualify as homeless)

The District shall coordinate with other districts and with local child welfare agencies and other agencies or programs providing services to students in foster care as needed. The coordination requirements apply to both situations (i) when a student who is a resident of the District is placed in foster care in another district, or (ii) when a student residing in another district is placed foster care in a home within this District.

The Superintendent is responsible for providing any required assurances to applicable state and federal agencies that the District is complying with applicable requirements related to ensuring the educational stability of children in Foster care; and for reasonably monitoring compliance with such assurances.

B. District Point of Contact with Child Welfare Agencies
The Superintendent shall designate a staff member to serve as the District’s point of contact (the “Foster Care POC”) between the New Hampshire Division of Children, Youth and Families (“DCYF”), NHDOE, other districts, and other child welfare agencies. The main duty of the Foster Care POC is to facilitate the prompt and appropriate placement, transfer, and enrollment of students in foster care, pursuant to applicable state and federal statutes, regulations and guidance. Additionally, the Foster Care POC shall work with the Superintendent or designee to monitor regulations and guidance related to this policy that may be issued by applicable state and federal agencies (e.g., DCYF, NHDOE, and the U.S. Department of Education).

The District shall provide training opportunities and other technical assistance to the Foster Care POC and other appropriate district staff regarding the District’s obligations to students in foster care.

C. Best Interest Enrollment Determinations, Disputes and Enrollment
Generally, a student in foster care will remain in his/her school of origin, unless there is a determination that it is not in the student’s best interest. The Foster Care POC shall assist DCYF or any other child welfare agency to make a “best interest determination” education decision, particularly the determination of whether or not it is in the best interest of the student in foster care to remain in his/her school of origin or to enroll in a new school. Unless local procedures are established in accordance with state and federal law, the District will use the model procedures prepared jointly by the NHDOE and DCYF.

If the determination is that the best interests of a child is not to remain in the school of origin, and instead placed within a new school within this District, the child in foster care shall be immediately enrolled in the new school (“receiving school”), even if any documents or records otherwise required for enrollment are not immediately available.

If there are disputes regarding a determination regarding the best interest determination for a child in foster care, it is expected that DCYF and the separate school districts, both sending and receiving, will work collaboratively at the local level to resolve the issue. Should there be no resolution, RSA 193.12, V-b, requires the Department of Health and Human Services to request in writing that the two Superintendents involved resolve the dispute. If the residency dispute remains unresolved after 10 days after such request, the Department of Health and Human Services shall request that the Commissioner of the Department of Education determine the residence of the child for purposes of school enrollment.

If a school within the District is a receiving school, such receiving school shall accept the student’s certified coursework as if it had been completed at the receiving school. To the extent such coursework is not aligned with the curriculum, the awarded credit may be elective, but it must be counted toward required credits for advancement or graduation.

D. Transportation
When the District is notified that a student in foster care needs, or may need, transportation to a District school, the Foster Care POC will take steps to establish an individualized plan that addresses transportation to maintain the student in his/her school of origin will be arranged, provided and funded for the duration of time that the student in foster care is attending his/her school of origin.

In establishing such a plan, the Foster Care POC and other district staff shall follow any existing transportation procedures, systems-level plan or agreement that the District, acting in collaboration with DCYF and/or other departments of human services, has adopted or otherwise expressly agreed to implement for the cost-effective transportation of the student. Out of District transportation of children in foster care shall be provided in accordance with DCYF’s or other child welfare agency’s authority to use child welfare funding for school of origin transportation.

If there are disputes regarding the provision or funding of transportation, the school district foster care point of contact and child welfare agency representative will contact their respective Supervisor and Superintendent of the school to resolve the dispute. To the extent feasible and appropriate, the school districts involved should ensure that a child remains in his or her school of origin while the disputes are being resolved to minimize disruptions and reduce school transitions.
All staff shall take reasonable steps to ensure that homeless students are not segregated or stigmatized, their homeless status is not revealed or alluded to in the presence of other students, and that educational decisions are made in the best interests of those students.

Legal References:
-20 U.S.C. 1232g (Family Educational Rights and Privacy Act – “FERPA”)
-20 U.S.C. 1701-1758 (Equal Educational Opportunities Act of 1974 – “EEOA”)
-20 U.S.C. 6311 (g)(1)(E) and 6312(c)(5) (provisions in ESSA regarding obligations to students in foster care)
-42 U.S.C. 671 (a)(10) and 675 (1)(G) (child welfare agency requirements related to supporting normalcy for children in foster care and ensuring educational stability of children in foster care)
-42 U.S.C. §11431 and §11432 (McKinney-Vento Homeless Assistance Act – Education for Homeless Children and Youth)
-Public Law 110-351, The Fostering Connections to Success and Increasing Adoptions Act of 2008
-34 C.F.R. 200.30 (f)(1)(iii) (ESSA’s definition of “foster care”)
-Plyler v. Doe, 457 U.S. 202 (1982)
-RSA 193:12, Legal Residence Required
-“N.H. Guidance on ESSA and Foster Care to Ensure that the Educational Needs of Children and Youth in Foster Care are Being Addressed”, January 2017,NHDOE and NHDHHS

Adopted: December 5, 2019

CSD File: JJJ
CANDIA SCHOOL DISTRICT
ACCESS TO PUBLIC SCHOOL PROGRAMS BY NON-PUBLIC, CHARTER SCHOOL AND HOME-EDUCATED PUPILS

The district will comply with the provisions of RSA 193:1-c allowing pupils who attend non-public schools, charter schools or are home-educated equal access to the district’s curricular courses and co-curricular programs. The district recognizes that any school board policies regulating participation in curricular courses and co-curricular programs, cannot be more restrictive for non-public, public chartered school, or home educated pupils than the policy governing the school district’s resident pupils.

Legal Reference:
RSA 193:1-c

Adopted: February 2, 2017
Reviewed: January 5, 2023

CANDIA SCHOOL DISTRICT
PROCEDURES ON USE OF CHILD RESTRAINT AND SECLUSION
CSD File: JKAA-­‐R

The Candia School District hereby establishes the following procedures to describe how and in what
circumstances restraint or seclusion is used in this District. The procedures are adopted for the
purpose of meeting the District’s obligations under state law governing the use of restraints and
seclusion. The procedures shall be interpreted in a manner consistent with state law and regulations.

I. Definitions.

Restraint. Any bodily physical restriction, mechanical devices, or any device that immobilizes a person
or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical
restraints, physical restraints, and medication restraint used to control behavior in an emergency or
any involuntary medication.

Restraint shall not include the following:

(1) A brief touching or holding to calm, comfort, encourage, or guide a student, so long as there is
no limitation on the student’s freedom of movement.

(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a
student to stand, if necessary, and then walk to a safe location, so long as the student is in an
upright position and moving toward a safe location.

(3) Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages
and supportive body bands, or other physical holding when necessary for routine medical
treatment purposes, or when used to provide support for the achievement of functional body
position or proper balance or to protect a person from falling out of bed, or to permit a student to
participate in activities without the risk of physical harm.

(4) The use of seat belts, safety belts, or similar passenger restraints during transportation of a
student in a motor vehicle.

(5) The use of force by a person to defend himself or herself or a third person from what the actor
reasonably believes to be the imminent use of unlawful force by a student, when the actor uses a
degree of such force which he or she reasonably believes to be necessary for such purpose and
the actor does not immobilize a student or restrict the freedom of movement of the torso, head,
arms, or legs of any student.

The five interventions listed immediately above are not considered “restraint” under these procedures,
are not barred or restricted by these procedures, and are not subject to the training or notification
requirements that otherwise apply to permissible restraints addressed herein.

Medication Restraint. When a student is given medication involuntarily for the purpose of immediate
control of the student’s behavior.

Mechanical Restraint. When a physical device or devices are used to restrict the movement of a
student or the movement or normal function of a portion of his or her body.

Physical restraint. When a manual method is used to restrict a student’s freedom of movement or
normal access to his or her body.

Prone restraint. When a student is intentionally placed face-down on the floor or another surface, and
the student’s physical movement is limited to keep the student in a prone position. Prone restraints are
prohibited physical restraints; the temporary controlling of an individual in a prone position while
transitioning to an alternative, safer form of restraint is not considered to be a prohibited form or
physical restraint.

Dangerous Restraint Techniques.

a. Prone restraint, or any other physical restraint or containment technique that:

(1) Obstructs a student’s respiratory airway or impairs the student’s breathing or
respiratory capacity or restricts the movement required for normal breathing;

(2) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum,
diaphragm, back or abdomen of a student;

(3) Obstructs the circulation of blood;

(4) Involves pushing on or into the student’s mouth, nose, eyes, or any part of the face or
involves covering the face, or body with anything, including soft objects such as
pillows, blankets, or wash clothes, or

(5) Endangers a student’s life or significantly exacerbates a student’s medical condition.

b. Intentional infliction of pain, including the use of pain inducement to obtain compliance.

c. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near the
student for the purpose of controlling or modifying the behavior of or punishing the student.

d. Any technique that subjects the student to ridicule, humiliation, or emotional trauma.

Seclusion. The involuntary confinement of a student alone in any room or area from which the
student is unable to exit, either due to physical manipulation by a person, lock, or other mechanical
device or barrier, or from which the student reasonably believes they are not free to leave; or the
involuntary confinement of a student to a room or area, separate from their peers, with one or more
adults who are using their physical presence to prevent egress.

Seclusion does not include:

(1) The voluntary separation of a student from a stressful environment for the purpose of allowing the
student to regain self-control, when such separation is to an area which a student is able to leave;

(2) The involuntary confinement of a student to a room or an area with an adult who is actively
engaging in a therapeutic intervention; or

(3) Circumstances in which there is no physical barrier and the student is physically able to leave.

II. Use of Restraint

1. Restraint as defined in these procedures shall be used only to ensure the immediate physical safety
of persons when there is a substantial and imminent risk of serious bodily harm to others.

2. Restraint as defined in these procedures shall only be used by trained personnel and with extreme
caution. It should be used only after all other interventions have failed or appear unlikely to
succeed based on the student’s past history.

3. Use of restraint as defined in these procedures shall be limited to physical restraint. School officials
shall not use or threaten to use any dangerous restraint techniques, any inappropriate aversive
behavioral interventions, any medication restraints, or any mechanical restraints except as
permitted for transporting students.

4. Physical restraint shall be administered in such a way so as to prevent or minimize physical harm.

III. Use of Seclusion

1. Seclusion may only be used when a student’s behavior poses a substantial and imminent risk of
physical harm to the student or to others, and may only continue until that danger has dissipated.

2. Seclusion shall only be used by trained personnel after other approaches to the control of behavior
have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to
succeed based on the history of actual attempts to control the behavior of a particular student.

3. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a
person trained in the safe use of seclusion.

4. When seclusion is used, school staff shall designate a co-regulator to monitor the student and
develop a plan to help the student manage their state of regulation and their return to a less
restrictive setting. The co-regulator shall check the student at regular intervals not to exceed 30
minutes between any one interval. The co-regulator shall be selected and designated in the
following order of preference:

a) A trusted adult selected by the student.

b) A clinician or counselor trained in trauma informed practices.

c) A staff member known to have a positive relationship with the student

d) A staff member who was not involved in the incident leading to seclusion.

IV. Prohibited Use of Restraint or Seclusion

1. School officials shall not use or threaten to use restraint or seclusion as punishment or discipline
for the behavior of student.

2. School officials shall not use or threaten to use medication restraint.

3. School officials shall not use or threaten to use mechanical restraint, except its use is permitted in
the transportation of students, as outlined under these procedures.

4. School officials shall not use or threaten to use dangerous restraint techniques, as defined in these
procedures.

5. Seclusion shall only be used by trained personnel after other approaches to the control of behavior
have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to
succeed based on the history of actual attempts to control the behavior of a particular student.

6. Seclusion shall not be used in a manner that that unnecessarily subjects the studentto the risk of
ridicule, humiliation, or emotional or physical harm.

V. Authorization and Monitoring of Extended Restraint & Length of Restraint

When restraint may permissibly be used on a student, school officials must comply with the following
procedures:

1. Restraint shall not be imposed for longer than is necessary to protect the student or others from
the substantial and imminent risk of serious bodily harm;

2. Students in restraint shall be continuously and directly observed by personnel trained in the
safe use of restraint;

3. During the administration of restraint, the physical status of the student, including skin
temperature, color, and respiration, shall be continuously monitored. The child shall be released
from restraint immediately if they demonstrate signs of one or more of the following: difficulty
breathing; choking; vomiting; bleeding; fainting; unconsciousness; discoloration; swelling at points
of restrain; cold extremities, or similar manifestations.

4. No period of restraint shall exceed 15 minutes. If restraint is to exceed this time, approval of the
Principal or supervisory employee designated by the Principal to provide such approval is required.

5. No period of restraint shall exceed 30 minutes unless a face-to-face assessment of the mental,
emotional and physical well-being of the student is conducted by the Principal or supervisory
employee designated by the Principal who is trained to conduct such assessments. The assessment
must include a determination of whether the restraint is being conducted safely and for a proper
purpose. These assessments must be repeated at least every 30 minutes during the period of
restraint and documented in writing pursuant to the notification requirements set forth below.

VI. Restriction of Use of Mechanical Restraints during Transport of Students.

1. Mechanical restraints during the transportation of students are prohibited unless the student’s
circumstances dictate the use of such methods. In any event when a student is transported using
mechanical restraints, the Principal shall document in writing the reasons for the use of mechanical
restraint. This documentation shall be treated as notification of restraint as discussed in paragraph
VIII, below.

2. Whenever a student is transported to a location outside a school, the Principal shall ensure that all
reasonable measures consistent with public safety are taken to transport and/or escort the
student. Such measures should:

a. Prevent physical and psychological trauma,
b. Respect the student’s privacy, and
c. Represent the least restrictive means necessary for the safety of the student.

VII. Room Conditions for a Seclusion Area

When permitted by this chapter, seclusion may only be imposed in rooms which:

(a) Are of a size which is appropriate for the chronological and developmental age, size, and behavior of
the students placed in them.

(b) Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in
which they are located.

(c) Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the
systems that are in use in the other rooms of the building in which they are located.

(d) Are free of any object that poses a danger to the students being placed in the rooms.

(e) Have doors which are either not equipped with locks, or are equipped with devices that automatically
disengage the lock in case of an emergency. For the purposes of this subparagraph, an “emergency”
includes, but is not limited to:

(1) The need to provide direct and immediate medical attention to a student;

(2) Fire;

(3) The need to remove a student to a safe location during a building lockdown; or

(4) Other critical situations that may require immediate removal of a student from seclusion to a
safe location.

(f) Are equipped with unbreakable observation windows or equivalent devices to allow the safe,
direct, and uninterrupted observation of every part of the room.

VIII. Notice and Record Keeping Requirements

1. Unless prohibited by a court order, a school official shall verbally notify the parent or guardian and
guardian ad litem of a restraint or seclusion no later than the time of the return of the student to
the parent or guardian on that same day, or the end of the business day, whichever is earlier.
Notice shall be made in a manner calculated to provide actual notice of the incident at the earliest
practicable time.

2. A school employee who uses restraint or seclusion shall submit a written report to the building
principal or the principal’s designee within 5 business days after that intervention. If the school
employee is not available to submit such a report, the employee’s supervisor shall submit such a
report within the same time frame. If the principal uses restraint or seclusion, he/or she shall
submit a written report to the Superintendent, or his/her designee, within 5 business days. Any
report addressed in this section shall contain the following information:

a. The date, time and duration of the restraint or seclusion;
b. A description of the actions of the student before, during, and after the occurrence; a
description of any other relevant events preceding the use of restraint or seclusion,
including the justification for initiating the restraint or seclusion.
c. The names of the persons involved in the occurrence;
d. A description of the actions of the school employees involved before, during, and after the
occurrence;
e. A description of any interventions used prior to the restraint or seclusion;
f. A description of the seclusion or restraint used, including any hold used and the reason the
hold was necessary;
g. A description of any injuries sustained by, and any medical care administered to, the
student, employees, or others before, during, or after the use of restraint or seclusion;
h. A description of any property damage associated with the occurrence;
i. A description of actions taken to address the emotional needs of the student during and
following the incident;
j. A description of future actions to be taken to control the student’s problem behaviors;
k. The name and position of the employee completing the notification; and
l. The anticipated date of the final report.

3. Unless prohibited by court order, the Principal or other designee shall, within 2 business days of
receipt of the written report described above, send or transmit by first class mail or electronic
transmission to the student’s parent or guardian and guardian ad litem the information contained
in that written report. Within the same time frame, the Principal shall also forward any such report
to the Superintendent for retention in that office.

4. Each written report referenced in this section shall be retained by the school and shall be made
available for periodic, regular review consistent with any rules that may be adopted by the state
board of education for that purpose.

IX. Employee Duty to Report

1. Any employee who has reason to believe that another employee has engaged in conduct that
violates RSA 126-U (NH Restraint and Seclusion Law) and also believes or suspects that such
violation constitutes misconduct, shall report the conduct to the Superintendent or designee
within 24 hours.

2. Any employee who has reason to believe that another employee has engaged in conduct that
violates RSA 126-U (NH Restraint and Seclusion Law) and also believes or suspects that such
violation constitutes abuse or neglect, shall report the conduct to the Superintendent or designee,
as well as the Department of Human Services and the Department of Education’s Bureau of
Credentialing.

X. Serious Injury or Death during Incidents of Restraint or Seclusion.

1. In cases involving serious injury or death to a student subject to restraint or seclusion, the
school district shall, in addition to the notification requirements above, notify the commissioner
of the department of education, the attorney general, and the state’s federally designated
protection and advocacy agency for individuals with disabilities. Such notice shall include a
copy of the written report referenced in Section VIII above.

2. “Serious injury” means any harm to the body which requires hospitalization or results in the
fracture of any bone, non-superficial lacerations, injury to any internal organ, second or third-
degree burns, or any severe, permanent, or protracted loss of or impairment to the health or
function of any part of the body.

XI. Team Meeting Requirements

1. After the first incident of restraint or seclusion in a school year for students identified under
special education or Section 504, the District shall hold an IEP or 504 meeting to review the
student’s IEP or 504 plan and make such adjustments as are indicated to eliminate or reduce the
future use of restraint or seclusion.

2. Parents may request a 504 or IEP team meeting after any restraint or seclusion incident and that
request must be granted “if there have been multiple instances of restraint or seclusion since the
last review.”

XII. Notice and Records of Intentional Physical Contact

1. If a school employee has intentional physical contact with a student which is in response to a
student’s aggression, misconduct, or disruptive behavior, a school representative shall make
reasonable efforts to promptly notify the student’s parent or guardian.

2. Such notification shall be no later than the time of the student’s return to the parent or guardian on
that same day, or the end of the business day, whichever is earlier. Notification shall be made in a
manner to give the parent or guardian actual notice of the incident at the earliest practicable time.

3. Within 5 business days of the incident of “intentional physical contact with a student which is in
response to a student’s aggression, misconduct, or disruptive behavior,” the school shall prepare a
written description of the incident. This description shall include:

a) Date and time of the incident;
b) Brief description of the actions of the student before, during and after the occurrence;
c) Names of the persons involved in the occurrence;
d) Brief description of the actions of the school employees involved before, during and after the
occurrence; and
e) A description of any injuries sustained by, and any medical care administered to, the student,
employees, or others before, during or after the incident.

4. If an incident of intentional physical contact amounts to a physical restraint as set forth earlier in
these procedures, the school shall meet the notification and record requirements that apply to
physical restraint, rather than the requirements that apply to incidents of “intentional physical
contact.”

5. The notification and record-keeping duties for an incident of intentional physical contact do not
apply in the following circumstances:

a) When a student is escorted from an area by way of holding of the hand, wrist, arm, shoulder,
or back to induce the student to walk to a safe location — unless the student is actively
combative, assaultive, or self injurious while being escorted, and then these requirements do
apply.

b) When actions are taken such as separating students from each other, or inducing a student to
stand, or otherwise physically preparing a student to be escorted.

c) When the contact with the student is incidental or minor, such as for the purpose of gaining a
misbehaving student’s attention – except that blocking of a blow, forcible release from a grasp,
or other significant and intentional physical contact with a disruptive or assaultive student shall
be subject to the requirement.

XIII. Department of Education Review

1. A parent may file a complaint with the New Hampshire Department of Education regarding the
improper use of restraint or seclusion. Resolution of any such complaint should occur within 30 days,
with extensions only for good cause.

2. Investigation of any such complaint shall include appropriate remedial measures to address
physical and other injuries, protect against retaliation, and reduce the incidence of violations of
state standards on restraint and seclusion.

XIV. Civil or Criminal Liability

Nothing in the District’s Policy or Procedures on the Use of Student Restraint should be understood in
any way to undercut the protections from civil and criminal liability provided to school officials for the
use of force against a minor, consistent with state law found at RSA 627:1, 4, and 6.

Legal Reference:
RSA 126-U:1 to 1; RSA 627:1, 4, 6 Ed 1200-1203, Ed 510

Adopted: May 7, 2015
Revised: March 7, 2024