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+ | **Policy BAAA\\ | ||
+ | School Board Policies and Administrative Procedures\\ | ||
+ | School Board Approved: April 4, 2016**\\ | ||
+ | |||
+ | The Board recognizes its responsibility for properly managing the resources of the School District. This | ||
+ | responsibility includes concern for safety of students, employees, and the public, as well as concern for | ||
+ | protecting the District’s property from loss. No new policy or procedure will be adopted or approved by the | ||
+ | Board without first giving careful consideration to the School District’s risk exposure.\\ | ||
+ | |||
+ | 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**\\ | ||
+ | The policies of the Board shall be composed of:\\ | ||
+ | * The policies contained in this Policy Manual. | ||
+ | * The contents of administrative job descriptions adopted by the Board. | ||
+ | * All formal Student Handbooks. | ||
+ | * 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. The Board may from time to | ||
+ | time review the administrative procedures to ensure conformance 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 constraints, 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 or 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:\\ | ||
+ | |||
+ | 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 name, address and telephone number of the person making the request. | ||
+ | * The policy for which the exception is being requested. | ||
+ | * The action that the requesting individual desires. | ||
+ | * The rationale supporting the need for an exception.\\ | ||
+ | |||
+ | The Superintendent or his/her designee, shall conduct a sufficient investigation of any request for an | ||
+ | exception so as to be able 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.\\ | ||
+ | |||
+ | Following the Superintendent’s investigation, the Superintendent shall 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.\\ | ||
+ | |||
+ | The Board shall have final and exclusive authority to determine whether to grant any request for an | ||
+ | exception and shall be the sole judge of whether the rationale for the exception is 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 in as much as the prior grant of | ||
+ | an exception may establish that the granting of an exception is ill advised.\\ | ||
+ | |||
+ | Exceptions to administrative procedures shall be made at the discretion of the Superintendent.\\ | ||
+ | |||
+ | **Legal References:**\\ | ||
+ | //NH Code of Administrative Rules, Section Ed. 303.01 (a), Substantive Duties of School Boards// | ||
+ | |||
+ | {{:baaa_school_board_policies_and_administrative_procedures.pdf |Download}}\\ | ||
[[section_b|Section B]]\\ | [[section_b|Section B]]\\ | ||
[[start|Policy Manual]] | [[start|Policy Manual]] | ||