Print
Share page with AddThis

BAAA - School Board Policies and Administrative Procedures

Generally:

The policies of the Board are intended to establish the general and overall rules within which day-to-day operations of the school district are to be governed. Procedures for carrying out and implementing the broad policies of the Board on a day-to-day basis are to be fashioned and adopted by the administration, under the direction of the Superintendent. As applicable, members of the District community are expected to comply with both Board policy and administrative procedures, subject to the limitations and exceptions set forth herein. However, the failure of the Board or the Administration to comply with policy shall not invalidate any lawful action taken.

Contents of Board Policy and Administrative Procedure:

  1. The policies of the Board shall be composed of:
  2. The policies contained in this Policy Manual;
  3. The contents of administrative job descriptions adopted by the Board;
  4. All formal Student Handbooks; and
  5. All formal Employee Handbooks

Administrative procedure is not part of Board policy and may be altered by the administration without Board action. Administrative procedure, however, may not conflict with Board policy.

Limitations of Policy:

Neither the policies of the Board nor the procedures of the administration are intended, nor shall they be construed, to supersede or preempt any applicable laws, whether constitutional, statutory, regulatory, or common in origin. Consequently, all Board policies and administrative procedures shall be given both an interpretation and application which is lawful. The Board shall have the final interpretation of its policies and the administration shall have the final interpretation of its procedures.

As the Board policies and administrative procedures are limited by legal constraint, so too are the rights of those to whom the Board policies and administrative procedures apply. Neither the policies of the Board nor the procedures of the administration are intended to expand the rights of individuals beyond those established by law, nor to give to any individual a cause of action not independently established in law. Enforcement of Board policy shall rest exclusively with the Board, and enforcement of administrative procedures shall rest exclusively with the administration.

Board policy and administrative procedure shall not preempt, create, supplant, expand or restrict the rights or liabilities of students, employee, taxpayers, or others within the school district beyond those that are established in law and are not intended to restrict or limit students, employees, or other members of the school district community from pursuing any claims or defenses available under law.

Exceptions:

Exceptions to any policy or the application of any policy may be made if requested or recommended in accordance with the following procedures:

  1. Any person may request an exception to any Board policy or the application of same by submitting a letter to the Superintendent. The request shall identify the following:
     
    1. Name, address and telephone number of the person making the request;
    2. Policy for which the exception is being requested;
    3. Action that the requesting individual desires, and
    4. Rationale supporting the need for an exception.
       
  2. The Superintendent or his/her designee shall conduct a sufficient investigation of any request for an exception in order to formulate a recommendation for the Board. Among the factors to be evaluated are the relevant facts related to the request, the rationale of both the policy and the request for the exception; and the disposition of prior requests for exceptions to the same or similar policies.
  3. Following the Superintendent’s investigation, the Superintendent may place the request for exception on the agenda and shall report to the Board the circumstances surrounding the request and his/her recommended disposition. The person requesting the exception shall be notified in advance of this agenda item, and shall be given a reasonable opportunity to address the Board before the Board determines whether to grant the request for an exception.
  4. The Board shall have final and exclusive authority to determine whether to grant any request for any exception and shall be the sole judge of whether the rationale for the exception if sufficient, taking into consideration the recommendation of the Superintendent. Moreover, the granting of exceptions in the same or similar cases shall not constitute binding precedent or practice inasmuch as the prior grant of an exception may establish that the granting of an exception is ill-advised.
  5. Exceptions to administrative procedures shall be made in accordance with the procedures established by the Superintendent.

State law provides that public schools will be operated and maintained by local school boards. As agents of the state, School Boards are required to implement state laws pertaining to public education and to carry out the rules of the State Board of Education.

The Board is an agent of the State and derives its authority from the New Hampshire Constitution, New Hampshire Statutes, and the Rules of the State Board of Education.

Legal References:

RSA 189:1a
RSA 671:4
RSA 194:1-3
RSA 186:5
RSA 197:1
NH Code of Administrative Rules – Section Ed. 303

First Reading: January 9, 2009
Date Adopted: January 22, 2009
Revision Dates: NA
Last Review Date: