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Policy Categories Archives: Section J: Students

Section J contains policies on students in regards to admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.

Facial Coverings

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

Feminine Hygiene Products

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

Suicide Prevention And Response

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

Education Of Children In Foster Care

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

Sexual Harassment And Sexual Violence

CSD File: JBAA/GBAA
CANDIA SCHOOL DISTRICT
SEXUAL HARASSMENT AND SEXUAL VIOLENCE

SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE- STUDENTS

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.

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 formal 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

II. TITLE IX COORDINATOR
The District’s Title IX Coordinator is: The District’s Title IX Coordinator is: Assistant Superintendent,
90 Farmer Rd., Hooksett, NH 03106, mpolak@sau15.net, 603-322-3731 x12.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX,
including coordinating the effective implementation of supportive measures and effective
implementation of 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 or title, office address, e-mail address and telephone number.

The District shall post the Title IX Coordinator’s title or 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
Sexual discrimination is discrimination based on sex in the District’s education programs or
activities and extends to employment and admissions.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually
motivated physical conduct or other verbal or physical conduct or communication of a sexual
nature that satisfies one or more of the following:
1. An employee of the District conditions the provision of an aid benefit, or service on an
individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive,
and objectively offensive that it effectively denies a person equal access to the
District’s education program or activity; or
3. Sexual assault as defined in 20 U.S.C. §1092(f)(6)(A(v) dating violence as defined in 34

U.S.C. §12291(a)(10), domestic violence as defined in 34 U.S.C. §12291(a)(8) or
stalking as defined in 34 U.S.C. §12291(a)(30).

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
Any student who believes he or she has been the victim of sexual harassment should report the
alleged act(s) immediately to a school district employee. That employee shall then report the
allegation immediately to an appropriate District official, as designated by this policy. The District
encourages the reporting student to use the report form available from the Principal of each
building or available from the Superintendent’s office.
1. In each building, the Principal is the person responsible for receiving oral or written reports
of sexual harassment. Upon receipt of a report, the Principal must notify the Title IX
Coordinator immediately without screening or investigating the report. If the report was
given verbally, the Principal shall reduce it to written form within twenty-four (24) hours
and forward it to the Title IX Coordinator. Failure to forward any sexual harassment report
or complaint as provided herein will result in disciplinary action. If the complaint involves
the building Principal or designee the complaint shall be filed directly with the Title IX
Coordinator.
2. The designated person to receive any report or complaint of sexual harassment and sexual
violence is the Title IX Coordinator. If the complaint involves the Title IX Coordinator, the
complaint shall be filed directly with the Superintendent.
3. Any person may also report sexual harassment in person, by mail, telephone or e-mail to
the Title IX Coordinator at any time including non-business hours.
4. Submission of a complaint or report of sexual harassment will not affect the student’s
standing in school, grades, assignments, or right to attend school and receive and
education. The use of formal reporting forms provided by the District is voluntary. Certain
students, especially younger children, may not be able to submit a written complaint. In
such cases, the District will make available alternate methods of filing complaints.

V. DISTRICT’S RESPONSE TO ALL COMPLAINTS OF SEXUAL HARASSMENT
The District will respond promptly and in a manner that is reasonable in light of the known
circumstances when it has actual knowledge of sexual harassment in its education programs or
activities. Actual knowledge means notice to any employee of the District. Education programs or
activities are locations, events, or circumstances over which the District exercised substantial
control over both the alleged perpetrator of sexual harassment (the respondent) and the context in
which the sexual harassment occurs.

The District will treat complainants and respondents equitably by offering supportive measures and
following the grievance process before the imposition of any disciplinary sanctions or other nonsupportive measures against the respondent.
The District may place an employee on administrative leave during the pendency of the grievance process.
The District may remove a respondent from its education programs or activities on an emergency
basis based upon an individualized safety and risk analysis that determines that the respondent
poses an immediate threat to the physical health or safety of any student or other individual arising
from the allegations of sexual harassment. The District shall provide the respondent with notice
and an opportunity to challenge the decision immediately upon removal.
When the complainant and/or respondent are minor students, notices shall be provided to the
student’s parent or legal guardian.

The Title IX Coordinator will promptly contact the complainant to discuss the availability of
supportive measures, consider the complainant’s wishes with respect to supportive measures,
inform the complainant of the availability of supportive measures with or without the filing of a
formal complaint, and explain to the complainant the process for filing a formal complaint.

These provisions do not modify rights under the IDEA, Section 504, or the ADA.

The District’s response shall not restrict rights protected by the United States Constitution including
the First, Fifth, and Fourteenth Amendments.

VI. SUPPORTIVE MEASURES
Supportive measures are non-disciplinary, non-punitive individualized services offered as
appropriate, as reasonably available, and without fee or charge to the complainant or the
respondent before or after the filing of a formal complaint or where no formal complaint has been
filed which are designed to restore or preserve equal access to the District’s education program or
activity without unreasonably burdening the other party, including measures designed to protect
the safety of all parties or the District’s educational environment, or deter sexual harassment.
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.

VII. FORMAL COMPLAINTS
A formal complaint is a document filed by a person who is alleged to be the victim of conduct that
could constitute sexual harassment (the complainant) or signed by the Title IX Coordinator and
requesting that the District investigate the allegation of sexual harassment. The formal complaint
may be filed with the Title IX Coordinator in person, by mail, or e-mail and must contain the
complainant’s physical or digital signature or otherwise indicate that the complainant is the person
filing the formal complaint.

Parents or legal guardians may file complaints on behalf of their children.

The complainant’s wishes with respect to investigating a complaint should be respected unless the
Title IX Coordinator determines that the Title IX Coordinator’s signing a formal complaint over the
complainant’s wishes is not clearly unreasonable in light of the known circumstances.

The Title IX Coordinator may in his/her discretion consolidate formal complaints where the
allegations arise out of the same facts.
In response to a formal complaint, the District will follow the grievance procedures in this policy.

VIII. GRIEVANCE PROCEDURE FOR FORMAL COMPLAINTS
A. Notice of Allegations
The Title IX Coordinator upon receipt of a formal complaint shall provide written notice to the
complainant and respondent of the following:
1. The allegations including the date and location of the alleged incident, if known;
2. A statement that the respondent is presumed not responsible for the alleged conduct and a
determination of responsibility will be made at the conclusion of the grievance process;
3. The complainant and respondent may have an advisor of their choice who may but is not
required to be an attorney and may inspect and review evidence during the investigation;
4. Provisions in the District’s code of conduct that prohibit knowingly making false statements
or knowingly submitting false information;
5. A copy of this Title IX policy.
B. Grievance Procedure Requirements
1. Both the complainant and respondent shall have an equal opportunity to submit and review
evidence throughout the investigation;
2. The District will use trained Title IX personnel to objectively evaluate all relevant evidence
without prejudgment of the facts at issue and free from conflicts of interest or bias for or
against either party.
3. The District will protect the parties’ privacy by requiring a party’s written consent before
using the party’s medical, psychological or similar treatment records during a grievance
process.
4. The District will obtain the parties’ voluntary written consent before using any kind of
informal resolution process, such as mediation or restorative justice, and not use an
informal process where an employee allegedly sexually harassed a student.
5. The District will apply a presumption that the respondent is not responsible during the
grievance process so that the District bears the burden of proof and the standard of
evidence is applied correctly.
6. The District will use the preponderance of the evidence standard for formal complaints
against students and employees.
7. The District will ensure the decision-maker for determining responsibility is not the same
person as the investigator or the Title IX Coordinator.
8. The District will permit the parties to submit written questions for the other parties and
witnesses to answer before determining responsibility.
9. The District will protect all complainants from inappropriately being asked about prior
sexual history.
10. The District will not restrict the parties’ ability to discuss the allegations under investigation
or to gather and produce relevant evidence.
11. The District will send both parties a written determination regarding responsibility
explaining how and why the decision-maker reached conclusions.
12. The District will effectively implement remedies for a complainant if a respondent is found
responsible for sexual harassment.
13. The District will offer both parties an equal opportunity to appeal.
14. The District will protect all individuals, including complainants, respondents, and witnesses,
from retaliation for reporting sexual harassment, or participating or refusing to participate
in any Title IX grievance process.
15. The District will make all materials used to train Title IX personnel publicly available on the
District’s website.
16. The District will document and keep records of all sexual harassment complaints,
investigations, and training for seven (7) years.

IX. INVESTIGATION
The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the
complaint), upon receipt of a formal complaint alleging sexual harassment shall immediately
authorize an investigation. This investigation may be conducted by District officials or by a third
party designated by the District. The investigating party shall provide a written report of the status
of the investigation within ten (10) working days to the Title IX Coordinator. If the Title IX
Coordinator is the subject of the complaint, the report shall be submitted to the Superintendent.
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 formal
complaint, the Title IX Coordinator shall provide written notice to the parties of the additional
allegations.

The District shall provide to a party whose participation is invited or expected written notice of the
date, time, location, participants and purposes of all investigative interviews, other meetings, or
hearings with sufficient time for the party to prepare to participate.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal
opportunity to inspect and review any evidence obtained as part of the investigation that is directly
related to the allegations in the formal complaint including evidence that the investigator does not
intend to rely upon. Each party shall have an opportunity to respond to the evidence.

Prior to the completion of the investigation report, the investigator must send to each party and the
party’s advisor, if any, either in electronic format or hard copy the evidence subject to inspection
and review. The parties shall have at least ten (10) days to submit a written response.

The investigator shall create an investigation report fairly summarizing the relevant evidence. The
investigator shall send each party and the party’s advisor, if any, a copy of the investigation report
either in electronic format or hard copy. The parties have ten (10) days to review the investigation
report and file a written response.

X. DETERMINING RESPONSIBILITY
A decision-maker who is not the Title IX Coordinator or investigator must issue a written
determination regarding responsibility based on a preponderance of evidence.
Before reaching a determination, the decision-maker must provide each party the opportunity to
submit written, relevant questions of any party or witness provide both parties with the answers,
and allow for additional, limited follow-up questions. If the decision-maker determines a question
is not relevant, the decision-maker must provide a written explanation to the party proposing the
question.

XI. WRITTEN DETERMINATION OF RESPONSIBILITY
The decision-maker’s written determination must include:
1. An identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken by the District from the receipt of the formal
complaint through the determination, including any notifications to the parties, interviews
with parties and witnesses, site visits, and methods used to gather other evidence;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the District’s code of conduct to the facts;
7
5. A statement of, and rationale for, the result as to each allegation, including a determination
regarding responsibility, any disciplinary sanctions the District imposes on the respondent,
and whether remedies designed to restore or preserve equal access to the District’s
education program or activity will be provided by the District to the complainant; and
6. The District’s procedures and permissible bases for the complainant and respondent to
appeal.

The District must provide the written determination to the parties simultaneously.

The responsibility determination becomes final either on the date that the District provides the
parties with the written determination of the result of the appeal, if an appeal is filed; or if an
appeal is not filed, the date on which an appeal would no longer be considered timely.

XII. DISMISSAL OF FORMAL COMPLAINT
A. Mandatory Dismissal
If the allegations in the formal complaint are not sexual harassment even if proved; or did not
occur in the District’s education program or activity; or did not occur against a person in the United
States, the District will dismiss the formal complaint.
B. Permissive Dismissal
The District may dismiss the formal complaint, or any allegations, if at any time during the
investigation a complainant notifies the Title IX Coordinator in writing that the complainant would
like to withdraw the formal complaint, or any allegations therein; or the respondent is no longer
enrolled or employed by the District; or specific circumstances prevent the District from gathering
evidence sufficient to reach a determination as to the formal complaint or allegations therein.

The District shall promptly send to the parties simultaneously written notice of the dismissal and
reasons.

XIII. APPEALS
Within ten (10) days of the receipt of the written determination, the complainant and respondent
may appeal to the Superintendent the dismissal of a formal complaint or any allegations; or the
determination of responsibility for the following reasons:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding
responsibility or dismissal was made, that could affect the outcome of the matter; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias
for or against complainants or respondents generally or the individual complainant or
respondent that affected the outcome of the matter.

The Superintendent shall notify the other party in writing when an appeal is filed and implement
appeal procedures equally for both parties.

In the appeal, both parties shall have a reasonable, equal opportunity to submit a written
statement in support of, or challenging the outcome. The Superintendent shall issue a written
decision describing the result of the appeal, the rationale for the result, and provide the written
decision simultaneously to both parties within ten (10) days of receiving all information submitted
by the parties.

XIV. 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 this part. Intimidation, threats, coercion, or
discrimination, including charges against an individual for code of conduct violations that do not
involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances
as a report or complaint of sex discrimination, or a report or formal complaint of sexual
harassment, for the purpose of interfering with any right or privilege secured by Title IX,
constitutes retaliation.

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

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.

XV. 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.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute child abuse or
sexual abuse under New Hampshire law. In such situations, the District shall comply with said laws
including any reporting obligations.

XVII. DISCIPLINE
The School 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 Office for Civil Rights (“OCR”), of the United States Department of
Education, or with the New Hampshire Commission for Human Rights.
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.

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

Access To Public School Programs By Non-Public, Charter School And Home-Educated Pupils

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

JKAA-R: Procedures On Use Of Child Restraint And Seculsion

CANDIA SCHOOL DISTRICT
PROCEDURES ON USE OF CHILD RESTRAINT AND SECLUSION

CSD File: JKAA-­‐R

The Candi 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 child, so long as there is no limitation on the child’s freedom of movement.

(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child 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 child 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 child 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 child, 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 child or restrict the freedom of movement of the torso, head, arms, or legs of any child.

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 child is given medication involuntarily for the purpose of immediate control of the child’s behavior.

Mechanical Restraint. When a physical device or devices are used to restrict the movement of a child 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 child’s freedom of movement or normal access to his or her body.

Dangerous Restraint Techniques.

a. Any technique that:

(1) Obstructs a child’s respiratory airway or impairs the child’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 child;
(3) Obstructs the circulation of blood;
(4) Involves pushing on or into the child’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 child’s life or significantly exacerbates a child’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 child for the purpose of controlling or modifying the behavior of or punishing the child.

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

Seclusion. The involuntary placement of a child alone in a place where no other person is present and from which the particular child is unable to exit, either due to physical manipulation by a person, lock, or other mechanical device or barrier.

Seclusion does not include:

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

(2) Circumstances in which there is no physical barrier between the child and any other person or the child is physically able to leave the place.

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.

III. Use of Seclusion

1. Seclusion may only be used when a child’s behavior poses a substantial and imminent risk of physical harm to the child 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 child.

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

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 children, 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 child.

6. Seclusion shall not be used in a manner that that unnecessarily subjects the child to 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 child, school officials must comply with the following procedures:

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

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

3. 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.

4. No period of restraint shall exceed 30 minutes unless a face-­‐to-­‐face assessment of the mental, emotional and physical well-­‐being of the child 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 Children.

1. Mechanical restraints during the transportation of children are prohibited unless the child’s circumstances dictate the use of such methods. In any event when a child 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 VI, below.

2. Whenever a child 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 child. Such measures should:

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

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 children 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 children 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 child;

(2) Fire;

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

(4) Other critical situations that may require immediate removal of a child 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 child to the parent or guardian on that same day, or the end of the business day, which ever 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 child 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 child, 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 child during and following the incident;
j. A description of future actions to be taken to control the child’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 child’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. Serious Injury or Death during Incidents of Restraint or Seclusion.

1. In cases involving serious injury or death to a child 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.

X. 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.”

XI. Notice and Records of Intentional Physical Contact

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

2. Such notification shall be no later than the time of the child’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 child which is in response to a child’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 child 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 child, 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 child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location -­‐-­‐ unless the child is actively combative, assaultive, or self injurious while being escorted, and then these requirements do apply.

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

c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’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 child shall be subject to the requirement.

XII. 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.

XIII. Civil or Criminal Liability

Nothing in the District’s Policy or Procedures on the Use of Child 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 13 (2014);  RSA 627:1, 4, 6

Adopted: May 7, 2015

 

 

 

Sexual Harassment And Sexual Violence

CSD File: GBAA/JBAA
CANDIA SCHOOL DISTRICT
SEXUAL HARASSMENT AND SEXUAL VIOLENCE
SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE- STUDENTS

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.

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 formal 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

II. TITLE IX COORDINATOR
The District’s Title IX Coordinator is: The District’s Title IX Coordinator is: Assistant Superintendent, 90 Farmer Rd., Hooksett, NH 03106, mpolak@sau15.net, 603-322-3731 x12.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX, including coordinating the effective implementation of supportive measures and effective implementation of 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 or title, office address, e-mail address and telephone number.

The District shall post the Title IX Coordinator’s title or 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
Sexual discrimination is discrimination based on sex in the District’s education programs or activities and extends to employment and admissions.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature that satisfies one or more of the following:
1. An employee of the District conditions the provision of an aid benefit, or service on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. Sexual assault as defined in 20 U.S.C. §1092(f)(6)(A(v) dating violence as defined in 34 U.S.C. §12291(a)(10), domestic violence as defined in 34 U.S.C. §12291(a)(8) or stalking as defined in 34 U.S.C. §12291(a)(30).
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
Any student who believes he or she has been the victim of sexual harassment should report the alleged act(s) immediately to a school district employee. That employee shall then report the allegation immediately to an appropriate District official, as designated by this policy. The District encourages the reporting student to use the report form available from the Principal of each building or available from the Superintendent’s office.
1. In each building, the Principal is the person responsible for receiving oral or written reports of sexual harassment. Upon receipt of a report, the Principal must notify the Title IX Coordinator immediately without screening or investigating the report. If the report was given verbally, the Principal shall reduce it to written form within twenty-four (24) hours and forward it to the Title IX Coordinator. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal or designee the complaint shall be filed directly with the Title IX Coordinator.
2. The designated person to receive any report or complaint of sexual harassment and sexual violence is the Title IX Coordinator. If the complaint involves the Title IX Coordinator, the complaint shall be filed directly with the Superintendent.
3. Any person may also report sexual harassment in person, by mail, telephone or e-mail to the Title IX Coordinator at any time including non-business hours.
4. Submission of a complaint or report of sexual harassment will not affect the student’s standing in school, grades, assignments, or right to attend school and receive and education. The use of formal reporting forms provided by the District is voluntary. Certain
students, especially younger children, may not be able to submit a written complaint. In such cases, the District will make available alternate methods of filing complaints.

V. DISTRICT’S RESPONSE TO ALL COMPLAINTS OF SEXUAL HARASSMENT
The District will respond promptly and in a manner that is reasonable in light of the known circumstances when it has actual knowledge of sexual harassment in its education programs or activities. Actual knowledge means notice to any employee of the District. Education programs or activities are locations, events, or circumstances over which the District exercised substantial control over both the alleged perpetrator of sexual harassment (the respondent) and the context in which the sexual harassment occurs.

The District will treat complainants and respondents equitably by offering supportive measures and following the grievance process before the imposition of any disciplinary sanctions or other non-supportive measures against the respondent. The District may place an employee on administrative leave during the pendency of the grievance process.

The District may remove a respondent from its education programs or activities on an emergency basis based upon an individualized safety and risk analysis that determines that the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment. The District shall provide the respondent with notice and an opportunity to challenge the decision immediately upon removal.

When the complainant and/or respondent are minor students, notices shall be provided to the student’s parent or legal guardian.

The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

These provisions do not modify rights under the IDEA, Section 504, or the ADA.

The District’s response shall not restrict rights protected by the United States Constitution including the First, Fifth, and Fourteenth Amendments.

VI. SUPPORTIVE MEASURES
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed which are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. 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.

VII. FORMAL COMPLAINTS
A formal complaint is a document filed by a person who is alleged to be the victim of conduct that could constitute sexual harassment (the complainant) or signed by the Title IX Coordinator and requesting that the District investigate the allegation of sexual harassment. The formal complaint may be filed with the Title IX Coordinator in person, by mail, or e-mail and must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint.

Parents or legal guardians may file complaints on behalf of their children.

The complainant’s wishes with respect to investigating a complaint should be respected unless the Title IX Coordinator determines that the Title IX Coordinator’s signing a formal complaint over the complainant’s wishes is not clearly unreasonable in light of the known circumstances.

The Title IX Coordinator may in his/her discretion consolidate formal complaints where the allegations arise out of the same facts.

In response to a formal complaint, the District will follow the grievance procedures in this policy.

VIII. GRIEVANCE PROCEDURE FOR FORMAL COMPLAINTS
A. Notice of Allegations
The Title IX Coordinator upon receipt of a formal complaint shall provide written notice to the complainant and respondent of the following:
1. The allegations including the date and location of the alleged incident, if known;
2. A statement that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the conclusion of the grievance process;
3. The complainant and respondent may have an advisor of their choice who may but is not required to be an attorney and may inspect and review evidence during the investigation;
4. Provisions in the District’s code of conduct that prohibit knowingly making false statements or knowingly submitting false information;
5. A copy of this Title IX policy.
B. Grievance Procedure Requirements
1. Both the complainant and respondent shall have an equal opportunity to submit and review evidence throughout the investigation;
2. The District will use trained Title IX personnel to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party.
3. The District will protect the parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological or similar treatment records during a grievance process.
5
4. The District will obtain the parties’ voluntary written consent before using any kind of informal resolution process, such as mediation or restorative justice, and not use an informal process where an employee allegedly sexually harassed a student.
5. The District will apply a presumption that the respondent is not responsible during the grievance process so that the District bears the burden of proof and the standard of evidence is applied correctly.
6. The District will use the preponderance of the evidence standard for formal complaints against students and employees.
7. The District will ensure the decision-maker for determining responsibility is not the same person as the investigator or the Title IX Coordinator.
8. The District will permit the parties to submit written questions for the other parties and witnesses to answer before determining responsibility.
9. The District will protect all complainants from inappropriately being asked about prior sexual history.
10. The District will not restrict the parties’ ability to discuss the allegations under investigation or to gather and produce relevant evidence.
11. The District will send both parties a written determination regarding responsibility explaining how and why the decision-maker reached conclusions.
12. The District will effectively implement remedies for a complainant if a respondent is found responsible for sexual harassment.
13. The District will offer both parties an equal opportunity to appeal.
14. The District will protect all individuals, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment, or participating or refusing to participate in any Title IX grievance process.
15. The District will make all materials used to train Title IX personnel publicly available on the District’s website.
16. The District will document and keep records of all sexual harassment complaints, investigations, and training for seven (7) years.

IX. INVESTIGATION
The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the complaint), upon receipt of a formal complaint alleging sexual harassment shall immediately authorize an investigation. This investigation may be conducted by District officials or by a third party designated by the District. The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Title IX Coordinator. If the Title IX Coordinator is the subject of the complaint, the report shall be submitted to the Superintendent.

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 formal complaint, the Title IX Coordinator shall provide written notice to the parties of the additional allegations.

The District shall provide to a party whose participation is invited or expected written notice of the date, time, location, participants and purposes of all investigative interviews, other meetings, or hearings with sufficient time for the party to prepare to participate.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint including evidence that the investigator does not intend to rely upon. Each party shall have an opportunity to respond to the evidence.

Prior to the completion of the investigation report, the investigator must send to each party and the party’s advisor, if any, either in electronic format or hard copy the evidence subject to inspection and review. The parties shall have at least ten (10) days to submit a written response.

The investigator shall create an investigation report fairly summarizing the relevant evidence. The investigator shall send each party and the party’s advisor, if any, a copy of the investigation report either in electronic format or hard copy. The parties have ten (10) days to review the investigation report and file a written response.

X. DETERMINING RESPONSIBILITY
A decision-maker who is not the Title IX Coordinator or investigator must issue a written determination regarding responsibility based on a preponderance of evidence.

Before reaching a determination, the decision-maker must provide each party the opportunity to submit written, relevant questions of any party or witness provide both parties with the answers, and allow for additional, limited follow-up questions. If the decision-maker determines a question is not relevant, the decision-maker must provide a written explanation to the party proposing the question.

XI. WRITTEN DETERMINATION OF RESPONSIBILITY
The decision-maker’s written determination must include:
1. An identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken by the District from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the District’s code of conduct to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District imposes on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
6. The District’s procedures and permissible bases for the complainant and respondent to appeal.
The District must provide the written determination to the parties simultaneously.
The responsibility determination becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed; or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

XII. DISMISSAL OF FORMAL COMPLAINT
A. Mandatory Dismissal
If the allegations in the formal complaint are not sexual harassment even if proved; or did not occur in the District’s education program or activity; or did not occur against a person in the United States, the District will dismiss the formal complaint.
B. Permissive Dismissal
The District may dismiss the formal complaint, or any allegations, if at any time during the investigation a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint, or any allegations therein; or the respondent is no longer enrolled or employed by the District; or specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

The District shall promptly send to the parties simultaneously written notice of the dismissal and reasons.

XIII. APPEALS
Within ten (10) days of the receipt of the written determination, the complainant and respondent may appeal to the Superintendent the dismissal of a formal complaint or any allegations; or the determination of responsibility for the following reasons:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The Superintendent shall notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
In the appeal, both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging the outcome. The Superintendent shall issue a written decision describing the result of the appeal, the rationale for the result, and provide the written decision simultaneously to both parties within ten (10) days of receiving all information submitted by the parties.

XIV. 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 this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

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

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.

XV. 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.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute child abuse or sexual abuse under New Hampshire law. In such situations, the District shall comply with said laws including any reporting obligations.

XVII. DISCIPLINE
The School 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 Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commission for Human Rights.
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.
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

Change Of School Or Assignment

CSD File: JCA
See also JEC & JFAB
CANDIA SCHOOL DISTRICT
CHANGE OF SCHOOL OR ASSIGNMENT

In circumstances where the best interests of a pupil warrant a change of school assignment, the Superintendent or his/her designee is authorized to reassign a pupil from the public school to which he/she is currently assigned to another public school, or to approve a request from another Superintendent to accept a transfer of a pupil from a school district that is not part of the SAU, under the following conditions and procedure.

CONDITIONS AND PROCEDURES FOR REASSIGNMENT
1. The parent(s) or legal guardian(s) (or Superintendent of another SAU) shall make a written request to the Superintendent or consents to the recommendation of the Superintendent for a change of school assignment. In the request, the parent(s)/legal guardian(s) shall state why the best interests of the pupil warrant a reassignment.
2. The Superintendent shall fully consider this written request, shall meet with the parent(s) or legal guardian(s), if necessary, and shall make a decision concerning the re-assignment request.
3. The Superintendent’s decision shall be based on the best interests of the pupil, as determined by the Superintendent. The Superintendent may develop administrative regulations concerning the factors that will be considered in making such a determination.
4. If the Superintendent determines that the best interest of the pupil warrants a reassignment, he/she will present the matter to the school board. The board must vote to approve the re-assignment before the reassignment can occur. Upon school board approval, the Superintendent may reassign the pupil to: (a) another school within the same school district; (b) another school district within the same SAU; or (c) a school district in another SAU, subject to the pupil meeting the admission requirements of such school, and subject to the agreement of the Superintendent of the receiving SAU and approval of the school boards of both the sending and receiving school districts.
5. The Superintendent will issue a written decision to the parent/guardian.
6. The total reassignments or transfer made under this policy in any one school year shall not exceed one (1) percent of the average daily membership in residence of a school district, or five (5) percent of the average daily membership in residence of any single school, whichever is greater, unless the school board votes to exceed this limit.
7. Reassignments made under this policy which exceed the percentages provided in #6 above, must have the prior written approval of the School Board.

COUNT OF RE-ASSIGNED PUPILS. TUITION PAYMENT AND RATE, AND TRANSPORTATION
Pupils reassigned under this policy shall be counted in the average daily membership in residence of a given pupil’s resident school district. Said pupil’s resident district shall forward any tuition payment due to the District to which said pupil was assigned.

The Superintendents involved in the reassignment of a pupil shall jointly establish a tuition rate for each such pupil. Some or all of the tuition may be waived by the Superintendent of the receiving district for good cause shown, or pursuant to any applicable policy(ies) of the receiving district, presuming said action is not contrary to law.

The cost of transportation for any pupil re-assigned under this policy shall be the sole responsibility of the parent/legal guardian.

ROLE OF DEPARTMENT OF EDUCATION
The Superintendent of the pupil’s resident SAU shall notify the Department of Education within thirty (30) days of any reassignment made under this policy.

MANIFEST EDUCATIONAL HARDSHIP CHANGE OF ASSIGNMENT
When a parent(s)/legal guardian(s) believe that an initial assignment has been made which will result in a manifest educational hardship to the pupil, said parent(s)/legal guardian(s) may seek a change of assignment in accordance with RSA 193:3 and Policy JEC, Manifest Educational Hardship.

A placement made relative to a student’s special education needs and services shall not be deemed a change of school assignment for purposes of this section.

Legal References:
RSA 193:3, III, Change of School Assignment
RSA 193:14-a, Change of School Assignment; Duties of State Board of Education

Adopted: August 2, 2007
Revised: October 6, 2011
Revised: November 05, 2015
Reviewed: February 2, 2017
Reviewed: January 31, 2019

Enrollment Policy

CSD File: JF
CANDIA SCHOOL DISTRICT
ENROLLMENT POLICY

It is the policy of the Board that all students enrolling in school must do so on a full-time basis. “Full-time basis” shall be defined as attending classes for the full instructional day within the public school system or in conjunction with another state-accredited institution such as a vocational-technical school, college or university for concurrent enrollment. The only exception to this policy shall be for fifth-year seniors and special education students whose IEP’s require variations of student schedules. In the event the State Department of Education advises that part-time students can be counted for state aid purposes, the Board will reconsider this policy.

Adopted: April 5, 2001