SECTION A: FOUNDATIONS AND BASIC COMMITMENTS
Section A contains policies, on the District's legal role in providing public education and the basic principles underlying school board governance. These policies provide a setting for all of the school board's other policies and regulations.
O = Optional- These policies should be reviewed to determine whether they meet a particular local need. Most are informational in nature.
P = Priority - The subject matter of these policies is required by state and/or federal law.
R = Recommended - While these policies are not required by law, they are highly recommended for effective and efficient school board operation.
Windham School District Policy AA
SCHOOL DISTRICT LEGAL STATUS
The legal basis for education is vested in the will of the people as expressed in the Constitution of New Hampshire, the statutes* pertaining to education, court interpretation of these laws, the powers implied in them, and the rules and regulations of the State Board of Education.
In New Hampshire, school districts are political subdivisions of the State and, as such, are considered municipal corporations.
Board policies are established by the Board, which serves as an agent of the District. Funds for school operating expenses are approved by a majority of qualified voters present and voting at the annual School District meeting except that bond issues require a 60% vote under RSA40:13.
Statutory/Case Law References:
New Hampshire Constitution, Pt. 2 Article 83
Claremont School District vs. Governor, 138 NH 183 (1993)
RSA Chapter 33
RSA 194:2
RSA 195:6
RSA 197:1, RSA 40:13
Clough v. Osgood 37 NH 444 (1935)
* The majority of state laws on education are in RSA Chapters 186 through 200H.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy ABA
Also IJOC
VOLUNTEER INVOLVEMENT
The Board shall encourage the involvement of citizens to fulfill the mission of the schools.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy AC
NONDISCRIMINATION
The District shall not discriminate in its education programs, activities or employment practices on the basis of race, color, national origin, age, sex, sexual orientation, religion or handicap under the provisions of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and Title IX of the Education Amendment of 1972, and Section 504 of the Rehabilitation Act of 1973. Any person having inquiries concerning the District's compliance with the regulations implementing these laws may contact the Superintendent of Schools.
Statutory Reference:
RSA 354-A:7.
Appendix: AC-R
Revised: July, 1998
Windham School District Policy AC-R
NONDISCRIMINATION: TITLE IX GRIEVANCES
Inquiries or complaints regarding compliance with Title IX may be directed to the office of Superintendent of Schools. Grievances will be processed as follows:
GRIEVANCE PROCEDURE
1. Any complaint from or on behalf of any person employed or served by the schools shall be submitted in writing, using the form provided, to the office of the Superintendent of Schools, hereafter referred to as "the designated employee." The designated employee shall without delay forward it to the person immediately responsible, i.e., department head, coach, supervisor, etc.
2. The immediately responsible person will investigate the complaint and report his/her findings and recommended remediation in writing to the grievant within five (5) school days. A copy of the report shall be sent to the designated employee who will maintain a file on all grievances.
3. If the grievance has not been remedied to the satisfaction of the grievant, he/she may then submit the complaint, with all previous communications attached, to the following parties, in the order given. Each party will have the time indicated in which to investigate and report its findings and recommended remediation.
a. Responsible Building Principal (5 school days)
b. Superintendent of Schools (10 school days)
c. School Board (20 school days)
4. If all else fails, the grievant may appeal to the Federal Office for Civil Rights, Department of Health, Education and Welfare, Washington, D.C. 20201.
Note: All reports submitted throughout the grievance procedure must be made
out in duplicate, with all previous correspondence attached, one copy going to
the grievant and one to the designated employee who shall maintain a file on
all grievances. Blank grievance forms will be available in all Principals' offices
in every school and in the Superintendent of School's office.
See: Policy AC
Revised: July, 1998
Windham School District Policy ACE
PROCEDURAL SAFEGUARDS
NONDISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY
The District provides the following Notice of Procedural Safeguards to parents/guardians, and handicapped persons, as required by 34 C.F.R. Sections 104.7, 104.8, 104.22 (4) (f), and 104.36 of the Regulations implementing Section 504 of the Rehabilitation Act of 1973.
The District does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its programs and activities.
The District provides a grievance procedure with appropriate due process rights. Director of Special Educationis the designated employee, charged with coordinating efforts to comply with Section 504. The parent/guardian of handicapped students or any handicapped person may use the grievance procedure established by the Board.
Grievance Procedure: As the parent/guardian of a handicapped student or as a handicapped person, you have the right to notify the above designated employee with your complaint.
The designated employee will make an initial response to the complainant within ten (10) days of receipt of complaint. The parties will attempt to work out their differences promptly and equitably informally. A written record of the resolution of the complaint should be made within ten (10) working days of completion.
If that effort fails, you may (a) request that the Board places this matter on its agenda or (b) notify the Superintendent of the complaint. Either request shall be delivered to the above cited the complaint. You may be represented by anyone of your choosing, may present information through documents and other evidence and witnesses, and may examine witnesses presented by the School District.
Within ten (10) working days of either of the above options, a written record should be made of the decision.
Section D Procedural Safeguards: As required by Section 104.36, as the parent/guardian of a student, who because of handicap needs or is believed to need special instruction and related services, you have the right, with respect to any action regarding identification, evaluation, and placement to:
1. Notice of referral/identification, evaluation, and placement process, with appropriate consent form.
2. Examine all relevant records.
3. At an impartial hearing, at any time, with respect to any actions regarding identification, evaluation, or placement of persons who need or are believed to need special education and related services, an opportunity for participation by you and representation of counsel as provided under the Individuals with Disabilities Education Act.
4. A review process.
Reference
34 C.F.R.
Sections 104.7, 104.8, 104.22 (4) (f), and 104.36 of the Section 504 Regulations.
Revised: July, 1998
Windham School District Policy AD
PHILOSOPHY OF THE SCHOOL DISTRICT
The Board will develop a mission statement for the District and the Board should review the statement annually.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy ADB
Also ADC, GBEC, GBED, JICG
DRUG-FREE WORKPLACE POLICY
The School District will provide a drug-free workplace in accordance with the Drug-Free Schools and Communities Act of 1988 and Amendments of 1989 (41 USCA Section 701 Et. Seq.). In compliance with statutory requirements, the District will:
1. Notify all employees, in writing, that the unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs and alcohol is prohibited in the District's workplace and that any violation is subject to disciplinary action. Notification will be accomplished by distribution of this policy to all employees.
2. Provide a drug-free awareness program to inform employees about:
a. The dangers of illicit drugs in the workplace;
b. The District's policy of maintaining a drug-free workplace;
c. Available drug and alcohol counseling, rehabilitation, and employee assistance and/or re-entry programs; and
d. The penalty/penalties that may be imposed on employees for drug and alcohol violations occurring in the workplace.
3. Notify employees that, as a condition of employment in the District, they will agree to and abide by the terms of the policy, and will notify the District of any drug statute conviction resulting from workplace conduct within five days of the conviction.
4. Establish the following as grounds for disciplinary action:
a. Working under the influence of alcohol or illegal drugs, no matter where consumed.
b. Having an unsealed container of alcohol or consuming alcohol on School property. (Any employee who finds any type of container of alcohol on School property should report it to the administration as soon as possible.)
c. Possessing or distributing controlled substances on School property.
d. Consuming, possessing, or distributing alcohol or illegal drugs at official* School functions not on School property.
*An official School function is defined as one which is authorized and conducted by the School with School officials present, in charge, and on duty, such as, but not limited to:
a. Interscholastic athletic contests
b. Field trips
c. School dances
5. Alert the local law enforcement agency of suspected violations of the policy.
6. Take any of the following disciplinary actions (either alone or in combination) regarding an employee who is in violation of the policy:
a. Suspension
b. Termination of employment
c. Satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health or law enforcement, or other appropriate agency.
7. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all the provisions of this policy. In so doing, the District will conduct a biennial review of its programs to determine their effectiveness and to ensure that the disciplinary sanctions are consistently enforced and changes are implemented, if needed.
Revised: July, 1998
Windham School District Policy ADC
Also ADB, GBEC, GBED, JICG
TOBACCO PRODUCTS BAN
USE AND POSSESSION IN AND ON SCHOOL FACILITIES AND GROUNDS
USE OF TOBACCO PRODUCTS STRICTLY PROHIBITED IN/ON ALL SCHOOL FACILITIES AND/OR GROUNDS
No person shall use any tobacco product in any facility maintained by the School District, nor on any of the grounds of the District.
Tobacco products means cigarettes, cigars, snuff, smokeless tobacco, smokeless cigarettes, products containing tobacco, and tobacco in any other form.
"Facility" is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, libraries, and storage areas.
Signs shall be placed by the District in all buildings, facilities and school vehicles stating that the use of tobacco products is prohibited.
It is the responsibility of the building principal(s), or designee, to initially enforce this policy by requesting that any person who is violating this policy to immediately cease the use of tobacco products. After this request is made, if any person refuses to refrain from using tobacco products in violation of this policy, the principal or designee may call the local police who shall then be responsible for all enforcement proceedings and applicable fines and penalties.
Students
No student shall purchase, attempt to purchase, possess or use any tobacco product in any facility, in any school vehicle or anywhere on school grounds maintained by the District.
Enforcement of this prohibition shall initially rest with building principals, or their designees, who may report any violation to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
The principal will develop regulations that cover disciplinary action to be taken for violations of this policy. These regulations will be communicated to students by means deemed appropriate by the principal. In addition to disciplinary actions taken by the school, criminal penalties for fines may result from violations of this policy.
Employees
No employee shall use any tobacco product in any facility in any school vehicle or anywhere on school grounds maintained by the District.
Initial responsibility for enforcement of this prohibition shall rest with building principals, or their designees. The principal may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
The principal will develop and implement the appropriate means of notifying employees of the possible disciplinary consequences of violating this policy. Any employee(s) who violate(s) this policy is subject to disciplinary action which may include warning, suspension or dismissal. In addition, fines or other penalties may result from enforcement of these prohibitions by other law enforcement officials.
All other persons
No visitor shall at any time use tobacco products in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.
Responsibility for enforcement of this prohibition shall rest with all school District employees who may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
Statutory References:
RSA 155:64 - 76
RSA 126 – K:6 & K:7
Revised: November, 1999
Revised: July, 1998
Windham School District Policy AFA
EVALUATION OF BOARD OPERATIONAL PROCEDURES
The School Board shall periodically establish realistic objectives related to Board procedures and relationships and shall, from time to time, measure its performance against the stated objectives.
Appendix: AFA-R
Revised: July, 1998
Windham School District Policy AFA-R
Evaluation of school board operational procedures
Instructions
Each Board member and each administrator asked to evaluate the Board's effectiveness is to rate the Board on each criterion, using a number on a scale from 1 to 5.
The Key:
1-Needs immediate attention
2-Meeting minimum demands only (some work needed)
3-Satisfactory (meets expectations)
4-Meets all requiremen6ts effectively
5-Exemplary
The Board Chairperson or Superintendent will collect all copies of the rating instrument, tally the scores, determine the composite average, and record it on the graph provided. Each member of the Board will be given a copy of the composite results.
Individual Composite A. RELATIONSHIP WITH SUPERINTENDENT
Rating Rating
1. Establishes written policies for the guidance of the Superintendent in the operation of the schools.
2. Provides the Superintendent with a clear statement of the expectation of performance and personal qualities against which he/she will be measured periodically.
3. Engenders confidence in the Superintendent by inviting communication from the Superintendent.
4. Reaches decisions only on the basis of study of all available background data and consideration of the recommendation of the Superintendent.
5. Requests information through the Superintendent and only from staff members with the knowledge of the Superintendent.
6. Provides a climate of mutual respect and trust offering commendation whenever earned and constructive criticism when necessary.
7. Matters tending to alienate either Board member or Superintendent are discussed immediately rather than being permitted to fester and deteriorate.
8. Provides opportunity and encouragement for professional growth of the Superintendent.
9. Provides time for the Superintendent to plan.
10. Takes the initiative in maintaining a professional salary for the Superintendent comparable with salaries paid for similar responsibility in and out of the profession.
B. COMMUNITY RELATIONSHIPS
11. Encourages attendance of citizens at Board meetings.
12. Actively fosters cooperation with various news media for the dissemination of information about the school program.
13. Ensures a continuous planned program of public information regarding the schools.
14. Participates actively in community affairs.
15. Channels all concerns, complaints, and criticisms of the school system through the Superintendent for study with the expectation that he/she will report back to the Board if action is required.
16. Protects the Superintendent from unjust criticism and the efforts of vocal special interest groups.
17. An individual Board member does not commit him/herself to a position in answer to an inquiry or in public statements unless Board policy is already established and clear or the question addressed to him/her requires merely a recitation of facts about the school system.
18. Encourages citizen participation in an advisorycapacity in the solution of specific problems.
19. Is aware of community attitudes and the special interest groups, which seek to influence the district's program.
C. BOARD MEETINGS
20. Has established written procedures for conducting meetings, which include ample provision of the public to be heard but prevents a single individual or group from dominating discussions.
21. Conducts its meetings in facilities that allow the division's business affairs to be conducted by the Board and its administrative staff effectively.
22. Selects a chairperson on the basis of his or her ability to properly conduct a meeting rather than on seniority or rotation.
23. New items of a complex nature are not introduced for action if they are not listed on the agenda but are presented for listing on a subsequent agenda.
24. Definitive action is withheld until asking if there is a staff recommendation and what it is.
25. Care is used in criticizing a staff recommendation.
26. The privilege of holding over matters for further study is not abused.
27. Each member makes a sincere effort to be informed on all agenda items listed prior to the meeting.
28. Controversial, complex, or complicated matters are held over or placed on the agenda for discussion only, prior to consideration for adoption.
D. STAFF AND PERSONNEL RELATIONSHIPS
29. Develops sound personnel policies, involving the staff when appropriate.
30. Authorizes the employment or dismissal of staff members only upon the recommendation of the Superintendent.
31. Makes provision for the complaints of employees to be heard, and, after full study if staff dissatisfaction is found to exist, takes action to correct the situation through appropriate administrative channels.
32. Is receptive to suggestions for improvement of the school system.
33. Encourages professional growth and increased competency through:
a. Attendance by staff members at educational meetings.
b. Training on the job.
c. Salary increments, which recognize training and experience beyond minimum qualifications for a given position.
34. Makes the staff aware of the esteem in which it is held.
35. Provides a written policy protecting the academic freedom of teachers.
E. RELATIONSHIP TO INSTRUCTIONAL PROGRAM
36. Understands the instructional program and the general restrictions imposed on it by the Legislature, the State Board of Education, and college and university requirements.
37. Realistically faces the community to support a quality education for its children.
38. Resists the efforts of special interest groups to influence the instructional program if the effect would be detrimental to the students.
39. Encourages the participation of the professional staff, and in certain instances the public, in the development of the curricula.
40. Weighs all decisions in terms of what is best for the students.
41. Provides a policy outlining the district's educational objectives against which the instructional program can be evaluated.
42. Keeps abreast of new development in course content and teaching techniques through attendance and participation in School Boards association conferences and meetings of other educational groups and by reading of selected books and periodicals.
F. RELATIONSHIP TO FINANCIAL MANAGEMENT OF THE SCHOOLS
43. Equates the income and expenditures of the district in terms of the quality of education that should be provided and the ability of the community to support such a program.
44. Takes the leadership in suggesting and securing community support for additional financing when necessary.
45. Establishes written policies which will ensure efficient administration of purchasing, accounting, and payroll procedures, and the risk management program.
46. Authorizes individual budgetary allotments and special non-budgeted expenditures only after considering the total needs of the district.
47. Makes provision for long-range planning for acquisition of sites, additional facilities, and plant maintenance.
G. PERSONAL QUALITIES
Each Board Member Exhibits:
48. A sincere and unselfish interest in public education and in the contribution it makes to the development of children.
49. A knowledge of the community which the school system is designed to serve.
50. An ability to think independently, to grow in knowledge, and to rely on fact rather than prejudice, and a willingness to hear and consider all sides of a controversial question.
51. A deep sense of loyalty to other Board members and respect for group decisions cooperatively reached.
52. A respect for, and interest in, people and ability to get along with them.
53. A desire to work through defined channels of authority and responsibility.
54. A willingness to devote the necessary time to become an effective Board member.
Reference: AFA
Revised: July, 1998