Claremont School Board, September 23, 2020

Single-item special meeting on whether to bring hybrid students back full time sooner than November 2, chaired by the vice chair because the chair could attend only by video. District counsel briefed the board on liability, the administration presented the costs of an October 5 return, a motion for October 5 went to a roll call whose result was never announced, and a substitute motion passed six to one: cohorts A and B back full time on October 19 once safety equipment is installed, the high school hybrid to the end of the first quarter, no high school busing. The page is built from the CCTV recording's dialogue transcript; no agenda, packet or minutes survive in the district's online shares. Timestamps link to the same moment in the Cablecast recording.

Body
Claremont School Board (Claremont School District, SAU 6)
Date
Wednesday, September 23, 2020 (set at the September 2 meeting as a single-item meeting)
Start time
No agenda survives. After connection problems the acting chair apologizes for “a few technical difficulties” (0:02:56) and the pledge begins at 0:03:48. Adjournment is moved and seconded at 2:20:00; no vote is heard. The dialogue transcript runs 2:21:28. A nonpublic session on the printed agenda was struck (0:05:35).
Location
Not stated in available records. Members, administrators and counsel are in a room with a video link; Frank Sprague, Carolyn Towle and Heather Whitney take part remotely, and the attribution report adds Jason Benware for part of the meeting (the room tells Whitney “Heather you're still Muted”).
Recording
Cablecast: CLAREMONT SCHOOL BOARD meeting of 9/23/20 (dialogue transcript runs 2:21:28; the Cablecast API refused this environment, so the run time was not retrieved)
Minutes
None located. MAP.md records no Drive material for this meeting: neither district share holds a year folder older than 2022, and the Meeting Minutes share starts at 2023 (checked 9/26/26). The board approved these minutes by roll call on October 7, 2020 (see the October 7, 2020 page).
Board composition
Seven members, all present: Heather Whitney (vice chair, presiding), Frank Sprague (chair, by video, not presiding: “Frank Sprague is unable to attend in person tonight”), Jason Benware, Rob Lovett Jr., Michael Petrin, Carolyn Towle and Rebecca Zullo.

Participants

Everyone heard or addressed on the recording. Spellings follow the project's 2015-2023 roster where the transcript garbles a name (for example Bennett or Benwell for Benware, Patron for Petrin); there are no minutes to check spellings against.
NameRoleParticipation
Heather WhitneyVice chair, presiding (remote)Chairs in Sprague's place (0:00:54); argues for opening as soon as possible with the high school possibly hybrid to the semester (1:53:59).
Frank SpragueChair (remote, not presiding)Asks how the administration can guarantee readiness by October 5 (1:04:11); votes on both roll calls.
Jason BenwareMemberMoves the agenda and the October 5 motion (0:56:34); seconds the October 19 motion; moves adjournment.
Rebecca ZulloMemberMoves the October 19 substitute (2:06:02); keeps time on public comment.
Rob Lovett Jr.MemberArgues the administration should get its extra weeks (1:29:31); votes no on October 5 (2:05:04); seconds the October 19 motion.
Michael PetrinMemberSupports an early full return; seconds the October 5 motion (0:57:08); raises reopening board meetings to the public (2:17:33).
Carolyn TowleMember (remote)Presses on PPE on order for six weeks (0:51:08).
Michael TempestaSuperintendent, SAU 6Presents the impacts of an October 5 return; reports three staff resignations that day.
Matt UptonDistrict counsel (Drummond Woodsum)Briefs on discretionary-function immunity and causation (0:07:52); asks for roll-call votes because members are remote (0:06:14).
Donna MagoonAssistant superintendentExplains contact tracing and illness data; says “We cannot do it for October 5th.”; writes down and reads back the October 19 motion.
Ben NesterDirector of special educationRecommends returning at the end of the first quarter for about 400 special education students (1:37:03).
Patricia BarryPrincipal, Stevens High SchoolReports 143 remote high school students and classes that would reach 26 (1:41:23). Not self-named; identified by role and Nester's reference.
Prescott HerzogStudent representative, Stevens High SchoolReports on 17 students he consulted (1:27:12); asks whether a motion could target the quarter's end.
Mary WoodmanSchool district clerkCalls the roll and the roll-call votes.
Jeff (surname not spoken; the roster lists Jeff Small as director of technology)District technology staffRuns the video connections (0:01:28); medium confidence per the attribution report.
James WardCitizens' comment by phone; parent of a Stevens studentSelf-identified (2:00:10).
UnidentifiedVarious86 of 727 dialogue rows (11.8%), including the member who cast the lone no on the October 19 motion.

Order of business (reconstructed)

No agenda survives. The September 2 meeting set this as a single-item meeting, and the acting chair names the item at the start; the list below is reconstructed from her transitions.
Taken upItemWhat was said and done
0:03:48Pledge, roll callRoll call (0:04:27 to 0:05:11); Sprague confirmed present online.
0:05:15AgendaApproved “with the exception of removing the nonpublic session” on Benware's motion; roll call at counsel's prompting (0:06:14 to 0:06:35). POSITIVE
0:06:47Discussion and action: fast-tracking the full reopening from November 2 to October 5Counsel's liability briefing, the superintendent's presentation, board discussion, citizens' comment, two motions. Detail in the timeline.
2:04:19Vote on the October 5 motionRoll call; no result announced. MEDIUM
2:06:02Substitute motion: October 19 for cohorts A and BPassed on roll call, “We have six yeses and one. No.” (2:13:51).
2:16:01Future agenda itemsGrading, high school students failing because of remote learning, SAU 6 committees; next meeting October 7, 2020.
2:17:33Other business: reopening board meetings to the publicConsensus, no vote, on in-person attendance with registration and assigned seating from October 7. OBSERVATION
2:20:00AdjournmentMoved by Benware, seconded by Lovett; no vote heard before the recording ends.

Discussion timeline

Times are taken from the dialogue transcript (Dialogue/10993 SchoolBoard092320.mp4.CSV) and link into the recording. Quotations are as transcribed; bracketed words are corrections, with the transcript's wording kept where the correction changes sense.

Chronological topics with the most concrete material first.
TimeTopicWhat was saidFlags
0:00:54The vice chair presidesWhitney: “Frank Sprague is unable to attend in person tonight, so I will be sharing the meeting” [chairing], and asks the room to hold her to points of order.POSITIVE
0:05:35Agenda, by roll callBenware moves the agenda without the nonpublic session; when a voice vote is suggested, counsel asks: “Roll call vote? Because you have people appearing electronically, right?” The clerk calls the roll. Whitney: “We have a quorum so we can move forward.”POSITIVE
0:07:52Counsel on liabilityUpton: “there are significant protections from liability associated with reopening schools”; immunity holds “as long as you're following prevailing medical guidance”, and a plaintiff would still have to prove causation (0:10:55). Asked about the Dartmouth-Hitchcock recommendations: “I think it's for the board to, to kind of way” [weigh] the studies.
0:12:57The administration's presentationTempesta: the same slides are on the district website (0:12:57). Cohort counts “At the middle school, we have about 315 in those cohorts, 83 in the remote cohort”. An October 5 start would mean adjusting bus routes and, “unfortunately, that would be needed right away to to not be able to provide transportation to the high school”; “it's not required that we we have to transport to the high school”.OBSERVATION
0:21:14Classrooms and spacing“we have most of our classrooms right now in every school building, only have 12 desks”; a full return would put “up to 24 or 26 in some cases at the high school”. Asked if CDC spacing can be met: “we can't meet the CDC, the six foot requirements”.
0:29:48Illness dataBenware asks for comparison data from prior years (0:29:50, the first words labeled Petrin in the dialogue file; see the footer). Magoon explains that a test result does not shorten a quarantine (0:46:57).
0:47:38Bus drivers unprotectedSprague asks about spacing from drivers; Magoon: “So the driver does not have any protection currently.” The shields were ordered “least six weeks ago”.
0:51:08PPE on orderTowle: “the PPE is going to be an issue”, citing news that FEMA funds were ending.
0:52:19Lovett on testing refusals“we've sent home approximately 150 people and anywhere between 75 and 57% of them have chosen to just not get tested”; “we don't have enough accurate data to pull from in order to make this decision”.
0:56:34Motion: five days from October 5Benware: “I move that. We go back to school five days a week starting October 5th.” With the remote option kept (0:56:51). Petrin seconds (0:57:08).
1:00:35Can it be done?Tempesta: “But. But could could we do it? Technically, yes. Is it the safest way?” Magoon: “I don't think that the October 5th date would be enough time”. Asked by Sprague how readiness could be guaranteed (1:04:11), Tempesta: “Right now I can't.”
1:14:49Student representativeHerzog: “I certainly didn't want my senior year to be like this.” Of 17 students he reached, “All of them said that they wanted to go back at some point. It's just now is not the right time.”
1:17:58Staff resignationsTempesta: “I'm just going to say we had three resignations today.” He has not yet followed up on them (1:18:41).
1:28:44Lovett for waiting“What the administration is asking for at this time is an additional four weeks”; “My concern is we are now going to blow past all the OSHA guidelines”. Benware replies that the claim is “so rampantly unscientific”.
1:36:37Special education and the high schoolNester: “we have about 400 special ed kiddos in Claremont a little less”; “my recommendation again, is that we just come back at the natural break at the end of the first quarter”. Barry: “Our number as of today was 143 versus the 124 that you saw in the presentation.” and “There's no way to keep even a three foot distance.”
1:44:52Zullo against October 5“I think it's unreasonable, and irresponsible to say that they should be back in school by October 5th”, while backing a return in two or three weeks with protective gear in place (1:45:28).
1:52:28Whitney for opening soon“I feel as if we push this back, that we will continue to push it back.” She could accept the high school “maintaining the hybrid model until the end of the semester”.
1:58:54Citizens' comment by phoneWhitney limits comments “to three minutes” with Zullo as timekeeper. “James Ward. Claremont, New Hampshire. My daughter is a Stevens student”; he asks the board to weigh the impact on families. Zullo calls time (2:03:07); no other caller (2:03:42).POSITIVE
2:04:19Roll call on October 5Whitney: “we're going to do a board vote to fast track the full reopening from November 2nd to October 5th. We'll do a roll call vote.” Heard: an unidentified No no., Benware Yes., the clerk “Rob Lovett no.”, Whitney Yes., and further clipped answers; Petrin: “She did not vote and I did.” No tally is announced and Zullo moves a substitute (2:05:50).MEDIUM
2:06:02Substitute motion: October 19Zullo: “Make a motion that we would consider reopening of the schools fully on October 19th, with the understanding that high school would not go back until after the first quarter.” Benware seconds (2:06:45). Restated by Magoon: “For cohorts A and B on ten. 19 pending all necessary safety equipment is installed. High school will remain hybrid until the end of the first quarter. Cohort C will remain remote until the end of the first semester.” Whitney adds “I want to add that no bussing will be provided.”OBSERVATION
2:12:43Roll call on October 19Answers heard include Sprague “My first. I'm sorry. Yes.”, Zullo and Benware Yes., Lovett Yes. and a run of answers after Towle's name; result “We have six yeses and one. No.” The lone no is not attributable from the recording.
2:14:21Motion read backMagoon reads it back with a slip, “The high school will remain remote until the end of the first quarter.”, corrected at once to “Remain hybrid.”
2:17:33Reopening board meetings to the publicPetrin: “We didn't take a vote or anything to close the meeting, so I'm not sure if we need to take a vote to open them back up”. Benware proposes registration and “a sign seating” [assigned seating]. Tempesta notes the 48 hours needed for a change of venue (2:19:33). Benware: “So do we have to vote on that? Okay, great.”OBSERVATION
2:20:00AdjournmentBenware moves, Lovett seconds; Towle: “this was the probably the most rewarding meeting I've had”.

Items flagged for review

These flags are a reviewer's aid, not findings of violation and not legal advice. Each one names the rule it rests on, as that rule read on September 23, 2020, or is labeled an observation where no verified rule applies.

MEDIUM No agenda, packet or minutes for this meeting survive in any district share

MAP.md records no Drive material for this meeting: neither district share holds a year folder older than 2022, and the Meeting Minutes share starts at 2023. The board changed the district's reopening date at this meeting, and the recording is now the only public account. RSA 91-A:2, II, as in force from January 1, 2019, required minutes naming members and persons appearing, the subjects, the final decisions and the mover and seconder of each motion, open to inspection within five business days.

MEDIUM limb, because the record mitigates the gap: the board approved these minutes by roll call on October 7, 2020 (see the October 7 page). The loss matters more than usual here, because the minutes are the only place the outcome of the first roll-call vote (flag 2) and the identity of the lone no on the second could be recorded.

Sources: RSA 91-A:2, II (2019 codification)

MEDIUM A roll-call vote on the October 5 return whose result was never announced

The acting chair put the October 5 motion to a roll call at 2:04:19. The recording catches some answers (an unidentified No no., Benware Yes., the clerk's “Rob Lovett no.”, Whitney Yes.) and a dispute over whether someone had voted (2:05:29), then moves straight to Zullo's substitute (2:05:50). No one states the tally or whether the motion failed. The substitute's passage implies it did, but the record does not say so.

RSA 91-A:2, II requires the minutes to record final decisions, and III(e) requires a roll call when members participate remotely so that each vote is known. The roll call was taken; what is missing on the public record is the decision. With the minutes not public, a reader cannot learn how each member voted on the question the meeting was called to decide.

Sources: RSA 91-A:2, II and III(e) (2019 codification)

OBSERVATION Ending high school busing: the statute supports the superintendent, with limits worth stating

Tempesta said “it's not required that we we have to transport to the high school” (0:18:53), and the adopted motion provides that “I want to add that no bussing will be provided.” for the high school (2:11:41). RSA 189:6, in the text in force from July 1, 2020, requires a district to transport pupils in kindergarten through grade 8 who live more than two miles from their assigned school, and makes transport for grades 9 through 12 discretionary unless the commissioner directs it. The superintendent's statement is consistent with that.

Two limits the meeting did not discuss: federal law still requires transportation to the school of origin for students experiencing homelessness (42 U.S.C. 11432(g)(1)(J)(iii)), and transportation written into a student's special education plan is a separate obligation. The October 7 citizens' comment from a Stevens counselor shows the decision's effect on families who cannot drive their children.

Sources: RSA 189:6 (2019 codification; source note ends 2019, 181:1, eff. July 1, 2020); 42 U.S.C. 11432(g)(1)(J)(iii) (McKinney-Vento transportation)

OBSERVATION Public attendance at board meetings closed and reopened without a vote

Petrin: “We didn't take a vote or anything to close the meeting” (2:17:33). The board agreed by consensus to readmit the public in person from October 7, with registration and assigned seating, and Benware confirmed no vote was needed ({R(718)}).

No statute required a vote either way. What the law required during the emergency is narrower: Emergency Order #12 let a public body meet without a physical quorum only if it gave the public telephone access, published how to use it, provided a way to report problems and adjourned if the public could not get in; ordinarily RSA 91-A:2, III(c) requires remote participants to be audible to the public at the noticed meeting location. The meeting notices that would show which rules the board was meeting under are not in any reachable record. This meeting itself took telephone comment (flag 6).

Sources: Emergency Order #12 (March 23, 2020); RSA 91-A:2, III(c) (2019 codification)

POSITIVE Every vote by roll call, at counsel's prompting, and the remote chair's reason stated on the record

When a voice vote on the agenda was suggested, district counsel asked for a roll call “Because you have people appearing electronically, right?” (0:06:14), and the board used roll calls for both reopening motions. The acting chair stated at the outset why the chair was not in the room (0:00:54). RSA 91-A:2, III requires that a remote member's reason for not attending in person be stated in the minutes, and III(e) requires roll-call votes whenever a member participates remotely. Compare the voice votes at the September 2 and September 22 meetings.

Sources: RSA 91-A:2, III(a) and (e) (2019 codification)

POSITIVE Telephone public comment on the night's single decision, under an even time limit

Before the vote the acting chair opened the floor to callers with a three-minute limit applied by a timekeeper (1:58:54); James Ward spoke by phone (2:00:10) and the room checked for further callers (2:03:19). No statute required a comment period until RSA 189:74 took effect on September 6, 2022.

Sources: RSA 189:74 (2022, 333:1, eff. Sept. 6, 2022); Emergency Order #12 (March 23, 2020)

Appendix: source files

Official and public sources

Project files

Working files this page was built from. The dialogue file is linked; the others are not published with the page.

Laws and rules cited on this page