BEDH - Public Comment & Participation at School Board Meetings
Introduction
The School Board, as the representative body of the school district, wishes to provide an avenue for any resident of the district to express interest in the schools. Accordingly, the Board invites the residents of the district to attend any regular, special, or adjoined meetings or study sessions of the Board.
The Board schedules and posts meetings to conduct the business of the schools. These events are not public meetings. These meetings are Board meetings held in public. The Board closes the meeting to the public only during non-public sessions. The Board holds non-public sessions to discuss matters delineated by law, which are confidential by their nature and regulated by District Policy BEC.
The intent of the rules of this policy is to:
Allow a means of communication with the residents of the district;
Permit the Superintendent to take direct action or to recommend action to the Board;
Minimize the possibility of the Board making ill-advised, illegal, or improper rulings due to hasty action in the absence of adequate information and study, especially when a policy does not exist, a change in policy is proposed, or an exception to a policy is specifically requested; and
See that the time so devoted does not interfere with the scheduled business of the Board.
The Board desires residents of the district to attend its sessions so that they may become better acquainted with the operation and programs of the schools and that the Board may have opportunity to hear the wishes and ideas of the residents of the district. All official meetings of the Board shall be open to the press and public. However, the Board reserves the right to meet and to adjourn or recess a meeting at any time to discuss such matters as are properly considered in non-public sessions in accordance with RSA 91-A:3.
To ensure residents of the district who want to appear before the Board may be heard and, concurrently, conduct its meetings properly and efficiently, the Board adopts the following:
General Meeting Policy
Meetings of the Board shall be open to the press and public.
For this policy, “Residents of the district” is inclusive of those individuals residing in the towns identified in the Kearsarge Regional School District’s Articles of Agreement and Charter. Additionally, the Board expands the definition to other people with legitimate connections to the district. A legitimate connection to the district may include, but is not limited to:
Parents/guardians of students enrolled or eligible for enrollment;
Property owners or taxpayers of the District;
Current or prospective employees;
Individuals or organizations directly affected by a pending Board action; or
Individuals invited to provide information relevant to matters before the Board.
The determination of the presence of a “legitimate connection to the district” shall be made through a majority vote of the Board.
The Board encourages residents of the district to attend Board meetings so that they may become acquainted with the operation and programs of the schools. Additionally, the Board will provide an opportunity for residents of the district to provide input and comment at Board meetings consistent with the meeting and participation rules described below.
Opportunity for Public Comment
Consistent with RSA 189:74, the Board will provide the opportunity for residents of the district to comment on school district matters at all regularly scheduled Board meetings. Emergency meetings, called under RSA 91-A:2, II, or meetings for which the sole purpose is to address one or more issues in non-public sessions under RSA 91-A:3, are exceptions and may not remain consistent with RSA 189:74.
To ensure that residents of the district who wish to appear before the Board may be heard and, at the same time, assure the Board that they may conduct its business and meetings properly and efficiently, the Board adopts as policy the following procedures and rules pertaining to public participation at Board meetings:
Residents of the district shall not speak unless recognized by the Board Chair or other person presiding over the meeting (The term “Chair” shall apply to either the elected Chair or Acting Chair in this policy).
The Board will generally schedule opportunities for a public comment period in the first half of its meetings.
The Board will provide a minimum of thirty minutes to hear public comments per agenda. Additionally, the Board may include additional public comment periods for specific agenda items, with a time limit for public comment specified on the pertinent agenda. If speakers do not fill the allotted minimum thirty (30) minute public comment period, the Board will move to close the opportunity for public comment.
Individual speakers in public comment will be allotted 3 minutes per person, and each speaker will be permitted equal time. Speakers may not relinquish allotted time to another speaker. The Board may, at the outset of the public comment period, increase or decrease the individual time limit for all speakers (but may not decrease the aggregate time below thirty (30) minutes). The Board directs the Chair to enforce time limits as necessary.
The Board makes most meetings accessible online, in real time, with meeting links included on the meeting notice. Although the Board will allow public comment remotely, attendance in person to offer public comment is strongly encouraged. The Board cannot, and will not, assure residents of the district that in all cases the technology will/can function adequately. If technological issues arise either before or during the meeting such that the comments are not reasonably audible at the meeting location, the
Chair may terminate opportunity for remote public comment or terminate the speaker’s comment period.
The Board will provide opportunity for written public comments for people unable to attend the meeting. Written comments that meet the requirements of this paragraph and other provisions of this policy will either (a) be included in the materials publicly available at the meeting, (b) briefly be described in the minutes (in the same manner as comments made in person), or (c) attached to the minutes. If public commentary does not exhaust the full 30 minutes reserved for this purpose, the Board may read the written comments aloud at the meeting, on a first-received basis, until the comment period has expired.
The Board requests that residents of the district providing written comments submit them to the Board secretary at least 48 hours prior to a Board meeting. Anonymous written comments will not be accepted as part of public comment, as RSA 91-A:2, II requires meeting minutes including the names of people appearing at public meetings. Written comments including personally identifiable or other confidential information will only be disclosed/made public as required under RSA 91-A:4 and 5, and Board policy EH. Readers of this paragraph should not view it as a means of the Board to limit other correspondence to the school district, as this language only pertains to writings intended to be included as public comment at a school board meeting.
To comply with the official minute requirements of RSA 91-A:2, II, speakers shall identify themselves and their town of residence clearly for the record.
During periods of public comment, residents of the district may offer comments on agenda items or other District matters (e.g., operations, budget, and other issues directly relating to the District's school policies, programs and operations.) However, consistent with RSA 189:74, I, and in the interest of protecting personally identifiable or confidential information, comments (including complaints), whether positive or negative, regarding individual students, volunteers, or employees (other than the Superintendent) shall be directed to the Superintendent or otherwise as provided under the complaint/grievance resolution processes set forth in School Board policy KEB.
The Board Chair shall not act on any matter which has not been addressed through proper administrative channels in accordance with Policies KE, KEB, and KED, including but not limited to matters which may compromise the duty of the Board to provide a third-party with a fair hearing, or matters which may compromise the right of an employee, student, or other party to be present.
The Board will not tolerate defamatory statements, comments threatening/inciting violence or bodily harm, or other unprotected speech. The Board shall not discriminate against speakers based on viewpoint, selectively enforce policies against speakers based on viewpoint, or prohibit comments because those comments are derogatory, demeaning, or otherwise offensive.
The Board Chair may rule any member of the public or resident of the district who is expressing comments failing to adhere to the above provisions as “out of order.” Repeated violations may result in the Chair terminating the speaker's privilege of addressing the Board. The Board Chair may also deem the speaker’s violations a disruption and, as a result, address the disruption as discussed in section C below.
Residents of the district appearing before the Board are reminded that the public comment period is an opportunity to provide their input to the Board but the opportunity is not a question-and-answer session. Board members are without authority to answer spontaneously on behalf of the Board.
In addition to the opportunity to offer input during the public comment period of a Board meeting, residents of the district may also request initiatives or other such items placed on the Board’s agenda. The determination as to whether the matter is included on a Board meeting agenda will be consistent with Board Policy BEDB. Requests to have a matter placed on an agenda should be presented in writing to the Superintendent no less than fourteen days prior to the next Board meeting and must set forth the specifics of the subject to be addressed.
The Board reserves the right to enter non-public sessions at any time if needed to protect the privacy and/or reputation of any person (other than the Board or the Superintendent) in accordance with the provisions of RSA 91-A:3.
C. Meeting Disruptions
The primary purpose of School Board meetings is to conduct the business of the Board as it relates to school policies, programs and operations. While members of the public have the right to attend and residents of the district to offer input during the public comment period of meetings, they do not have the right to disrupt them. Impermissible disruptions include, but are not limited to the following:
Shouting or speaking out of appointed time while someone else has been recognized by the Chair;
Obstructing the view of others with posters or otherwise;
Refusing to terminate public comment after that speaker’s time has expired;
Any other sustained or intentionally loud noises after the Chair has called for order; or
Any other conduct intended to disrupt the meeting or person speaking.
If, after at least two warnings from the Chair, an individual continues to disrupt the meeting by words or actions, the Chair may direct the person to leave the meeting. Upon refusal, the Chair may request assistance from law enforcement officials to have the individual removed, with the potential for criminal charges. Interruptions may result in a recess or, provided the thirty minutes for public comment has expired, an adjournment of the meeting.
See Also:
District Policy BEDB,
District Policy KEB
Legal References:
U.S. Constitution., 1st Amendment
RSA 91-A:2, Meetings Open to the Public
RSA 91-A:3, Non-Public Sessions
RSA 189:65, VII & VII-a - Definitions (Student and Teacher personally identifiable information)
RSA 189:74, School Board Public Comment Period
RSA 644:2, Disturbing the Peace
State v. Comely, 130 N.H. 688 (1988)
State v. Dominic, 117 N.H. 573 (1977)
First Reading: June 16, 1994, September 22, 2022, 12/11/2025
Second Reading: July 14, 1994, October 6, 2022, 1/8/2026
Adopted: July 14, 1994, October 6, 2022, 1/8/2026
Last Review Date: September 24, 2011, October 6, 2022, 1/8/2026
Revision Date(s): November 17, 2011, October 6, 2022, 1/8/2026