School Board Powers & Duties

BBA

SCHOOL BOARD POWERS AND DUTIES

Ed 303

School Boards enjoy all the powers and duties prescribed to them by state statutes and by the policies, rules and regulations of the State Board of Education.

The following are current regulations of the State Board of Education:

The school board shall:

(a) Adopt policies necessary and desirable to control and effectuate the recruitment, employment, evaluation and dismissal of teachers and other employees and may delegate authority to the superintendent of schools to carry out the provisions of such policies provided that no teacher shall be employed who is not certified or who has not been nominated by the superintendent of schools and elected by the school board;

(b) Adopt policies necessary and desirable to control and effectuate the purchase of equipment, supplies, or services and may delegate to the superintendent of schools the authority to make financial commitments in accordance with such policy;

(c) Provide, through documented planning and public meetings and quorum votes, accommodation for all pupils in approved schools or other facilities in accordance with state law;

(d) Provide required transportation of students consistent with these rules and provide that all school buildings and other learning environments be maintained in a manner consistent with standards of health and safety as required by these rules;

(e) Prepare an annual budget in accordance with RSA 32 and comply with all federal and state laws and rules;

(f) Hold meetings for the transaction of business at least once in 2 months and require the attendance of the superintendent or designee. The board shall cause a written record to be kept of each meeting in accordance with RSA 91-A;

(g) In consultation with the superintendent and in accordance with statutes and rules of the state board of education, determine the educational goals of the District, develop long-range plans and identify measurable and attainable short-term objectives. The school board shall require the implementation of educational programs designed to reflect the goals and objectives and, further, the school board shall review such programs and make public the results of such investigation;

(h) Exercise all powers and perform all duties vested in and imposed upon the school board by law or rules of the state board;

(i) Adopt a rule to ensure that there shall be no unlawful discrimination on the basis of sex, race, age, creed, color, marital status, national origin, or disability in educational programs or activities consistent with local standards which may be stricter in specific areas than the broader statewide standards;

(j) Establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all those who must comply, which includes, at a minimum, the elements specified below:

(1) A statement that sexual harassment is against the law and against school district policy;

(2) A definition of sexual harassment with examples of actions that might constitute sexual harassment;

(3) The names and roles of all persons involved in implementing the procedures;

(4) A description of the process so all parties know what to expect, including time frames and deadlines for investigation and resolution of complaints;

(5) A prohibition against retaliation toward anyone involved in a complaint;

(6) A description of possible penalties including termination;

(7) A requirement that a written factual report be produced regardless of the outcome of the investigation;

(8) At least one level of appeal of the investigators recommendation;

(9) A clear statement that someone can bypass the internal process and proceed directly to the New Hampshire commission on human rights, with address and phone number, or office of civil rights, with address and phone number; and

(k) Annually evaluate the superintendent based on written criteria established by the school board (s)/SAU board.

Legal References:

NH Code of Administrative Rules, Section Ed, 303.01

RSA 186:8

RSA 189:1-a

RSA 195:5

ADOPTED: Bath School Board, March 12, 2009

Benton School Board, April 15, 2009

Haverhill Cooperative School Board, March 19, 2009

Piermont School Board, March 17, 2009

Warren School Board, May 12, 2009

SAU School Board, April 2, 2009

BBAA

BOARD MEMBER AUTHORITY

The school board is a legal body created by the statutes of the State of New Hampshire. Its members are state officials receiving their responsibilities and powers through state law.

The board is, in practice, primarily a policy making body. Although legally authorized to administer policy, the Board usually delegates this function to the Superintendent of Schools. Delegating the administrative function makes the board responsible for evaluating the effectiveness of the execution of board policies. Evaluation by the Board requires a continuous appraisal of the results of its educational policies as well as the effectiveness of the general administration.

Individual board members have no authority over school affairs. They have complete authority, within state law, over school affairs when they serve as a legal body.

In other instances, an individual Board member, including the chairman, shall have power to act individually only when the Board, by vote, has delegated such authority to him or her.

The Board shall not be bound in any way by any statement or action on the part of an individual member except when such statement or action is in pursuance of specific instruction of the Board.

It shall be the policy of the board to make its members, the district staff, and the public aware that only the Board has authority to take official action.

The decisions of the Board shall be binding until rescinded by the Board at a duly called regular or special meeting.