Claremont School Board, October 5, 2022

Public hearing on a three-article warrant to place $429,867.51 of Senate Bill 420 state aid in capital, transportation and energy reserves, followed by the regular meeting. After an hour of public testimony questioning whether the money could lawfully go to reserves, and whether the amount was right, the board tabled the warrant pending written advice from district counsel. The regular meeting adopted policies JICD and JICK, heard an ESSER II status report ($503,663.77 unbudgeted, deadline September 30, 2023) and presentations on achievement data, elementary restructuring and a new high school schedule, and accepted a $500 donation. Built from the dialogue transcript, the official agenda, the hearing notice, the draft warrant and the draft minutes. Timestamps link to the same moment in the Cablecast recording.

Body
Claremont School Board (Claremont School District, SAU 6), public hearing and regular meeting
Date
Wednesday, October 5, 2022 (agenda, notice, minutes, file name and the chair's call to order agree)
Start time
Agenda: public hearing 6:30 p.m., board meeting 7:00 p.m. The draft minutes give no call-to-order or adjournment time. On the recording the chair calls the meeting to order at 0:00:19, closes the hearing at 1:14:04 and opens the regular meeting the same minute. The transcript runs 2:45:07 and stops at the chair's "Further discussion." on the adjournment motion, before any vote is heard.
Location
Sugar River Valley Regional Technical Center (agenda and hearing notice)
Recording
Cablecast: Claremont School Board of 10/5/22 (transcript length 2:45:07; ends during the adjournment motion)
Minutes
draft CSB Meeting Minutes 10.5.22 (in the October 19 packet; Drive createdTime October 14, 2022) and CSB Meeting Minutes 10.5.22 (in the November 17 packet; created November 15, 2022). This page quotes the draft.
Board composition
Seven members, all present by the end: Chair Michael Petrin, Vice Chair Heather Whitney (arrived 6:44 p.m. per the draft minutes), Steven Horsky, Joshua Lambert (first heard at 1:01:12, "Took me to get here"), Bonnie Miles, Frank Sprague, Whitney Skillen.

Participants

Everyone in the record. Spellings follow the agenda and draft minutes; where the transcript or dialogue file differs, both are given.
NameRoleParticipation
Michael PetrinChairPresides; reopens public comment before the tabling vote (1:04:27); proposes a new hearing and moving the special meeting (1:10:39); asks the ESSER II deadline (1:43:19); thanks district staff (2:42:45).
Heather WhitneyVice ChairArrived during the hearing (6:44 p.m. per draft minutes). Supports the reserve allocation (0:30:06); seconds the tabling motion (1:06:49) and asks that counsel Matt Upton "write it out" (1:12:49); asks how JICD fits restorative practice (1:39:35); explains the case for elementary restructuring (2:12:28).
Steven HorskyMemberMoves the agenda (0:01:32); seconds the September 21 minutes; defends the reserve plan (0:13:32, 0:40:24); moves to table, withdraws to allow more comment, and moves again (1:03:52, 1:04:41, 1:06:42); seconds JICD and JICK.
Joshua LambertMemberArrives late ("Took me to get here", 1:01:12) and supports the reserves "from the teacher perspective"; reports for the curriculum committee (1:33:11); asks whether Stevens gives in-school suspension for five tardies (2:44:10); moves adjournment (2:44:59).
Bonnie MilesMemberMoves the September 21 minutes with a page-date correction (0:01:59); capital improvement meeting set for Friday (1:32:35); asks about guidance counselors (1:34:54) and the special education trust (2:35:34).
Frank SpragueMemberProposes using part of the money for a $50,000 tech-center feasibility study (0:20:57); supports the plan, describing the money as able to "supplant" (0:35:14); asks whether the accountability amendments were enacted (0:55:08); reports on the CTE visioning committee (1:34:11); moves JICD and JICK (1:39:19, 1:41:02).
Whitney SkillenMemberRaises the SB 420 accountability requirement (0:15:13); asks for counsel's or the Department of Education's confirmation and questions the amount (1:02:01, 1:03:10); asks about the 2019 special education trust and staffing (2:37:29).
Michael TempestaSuperintendent, SAU 6Reads the draft warrant (0:10:30); superintendent's report (1:14:29); elementary restructuring (1:56:37) and schedule (2:14:50) presentations; presents the donation (2:33:02).
Richard SeamanAssistant Superintendent for Finance, Operations and Human Resources, SAU 6Characterizes the money as unrestricted adequacy aid (0:18:37, 0:27:21, 0:56:11); reserve balances (0:33:29); tax-rate mechanics (0:50:57); ESSER II report (1:41:52); special education trust history (2:36:36).
Michael KoskiAssistant Superintendent for Curriculum, Instruction, Innovation and Assessment, SAU 6Presents historical achievement data as a "team of one" (1:44:42).
Ben NesterDirector of Special Education, SAU 6Answers on special education staffing and programs (2:38:05, 2:40:43, 2:41:41). Not named on the recording; identified by role.
Mr. PrattStevens High School principalAnswers on the proposed schedule's lunches (2:25:41, 2:29:09); "It's a proposal at best." (2:29:24). The September 21 minutes call him "Principal Pratt".
Jeff SmallDirector of Technology, SAU 6 (agenda)Asked to put the ESSER II summary on screen (1:41:39); not heard.
Hannah PetrinStudent representative; student council presidentStudent report (0:08:15). Named on the agenda and in the minutes; the chair says "Thank you. Hannah." (0:10:02). The dialogue file labels the rows Unidentified.
Abby HopkinsCitizens' comments, Ward 3Asks what "school year rollover" meant for the summer data and whether the warrant will be read aloud (0:03:43, 0:04:51). The draft minutes attribute her question to Arlene Hawkins.
Cassandra EdwardsCitizens' comments, Ward 3Reports that the tech center's accessible parking space has no curb cut (0:05:24); later asks how school curriculum teams will align with the board's (1:54:52). The draft minutes give her as Ward 3 and later as "Cassie Edwards (Ward 2)".
Candace (Candy) CrawfordCitizens' comments and hearing, Ward 2Repeats two unanswered September 21 questions (0:06:24); at the hearing questions the use, the amount and the cost of a separate vote (0:36:21).
Arlene HawkinsHearing, Ward 3Reads SB 420's plan requirement and objects to the allocation (0:25:02 to 0:33:39). Transcribed "Arlington Hawkins".
David PutnamHearing, Ward 2; former school board memberUrges a legal opinion before the vote (0:44:50); proposes a shared career guidance counselor for the high school and tech center (0:47:25); asks about the Johnson Controls performance contract and energy (0:47:53).
Tom RockHearing, Ward 2Asks how the money affects the budget and the tax rate, and quotes the board's mission statement (0:50:09 to 0:55:00).
Unidentified commenterHearingAsks whether the board had already voted not to return the funds, and welcomes a legal opinion (1:04:53).
Rob, Ward 2 (surname unresolved)HearingAsks whether options other than reserves or a tax reduction were discussed with teachers, parents or students (1:05:40). Transcribed "Rob Leavitt"; the draft minutes print "Rob Levit". The dialogue file suggests former member Rob Lovett Jr. with low confidence; the page does not adopt any spelling.

Agenda

Item wording is quoted from the official agenda (Claremont School Board Public Hearing and Board Agenda 10.5.22); dispositions come from the recording and the draft minutes. Votes were by voice.

Agenda items, when each was taken up, and what was decided.
Taken upItemAgenda text / disposition
0:00:19I. Call to Order and PledgeCalled to order by the chair.
0:01:04II. Agenda amendmentsLetter G, the tech visioning committee, added back. Horsky moved approval as amended (0:01:32); carried. The draft minutes name Joshua Lambert as seconder, but Lambert is not otherwise heard until 1:01:12. See flag 3.
0:01:49Minutes approval: September 21, 2022Approved on Miles's motion, with the date added to each page, seconded by Horsky (0:01:59 to 0:02:58). The draft minutes add "with Joshua Lambert choosing to abstain".
0:03:20Citizens CommentsHopkins, Edwards and Crawford. Closed at 0:08:00.
0:08:00Student Representative ReportSchool events; homecoming dance being rescheduled.
0:10:02III. "PUBLIC HEARING (New Hampshire Senate Bill 420 (Additional Funds) Special Town Meeting (RSA 197:3) Warrant Posting" (agenda text)Draft warrant read (0:10:30 to 0:13:11). Horsky moved to table (1:03:52), withdrew to allow more public comment (1:04:41), and moved again "to table the discussion on the Warren article for tonight" (1:06:42); Heather Whitney seconded; carried by voice with no audible opposition (1:13:57 to 1:14:04). Draft minutes: "Steven Horsky makes a motion to table the warrant until further information is provided. Seconded by Heather Whitney; all in favor". See flag 1, flag 2 and flag 5.
1:14:04IV. Superintendent ReportStrategic plan, achievement comparisons, restructuring and schedule proposals, committee survey.
1:32:08V.1 Sub-Committee Report Out (a) to (f), plus (g) tech visioning (added)Capital improvement meets Friday; budget has not met; curriculum met briefly; visioning committee met NH CTE director (Jeffrey Beard per draft minutes; "Doctor Beard" on tape). No votes.
1:38:53V.2 Third/ Final Read Policies: (a) JICD, (b) JICKJICD (student discipline): Sprague moved final approval, Horsky seconded, carried (1:39:19 to 1:40:46). JICK: Sprague moved, Horsky seconded, carried (1:41:02 to 1:41:18).
1:41:18V.3 ESSER II Update (R. Seaman)Report; no action.
1:44:15V.4 Curriculum Team presentation; Claremont Schools Historical Achievement DataPresentation; no action.
1:56:21V.5 Elementary Restructuring Presentation; Request for Parent and Community Participation/ Advisory CommitteePresentation; advisory committee being formed. No action.
2:14:41V.6 CMS/SHS/SRVRTC Schedule Presentation; Request for Parent and Community Participation/ Advisory CommitteePresentation; no action.
2:32:48Gifts/donations (item 7, not on the posted agenda)$500 from Claremont Savings Bank toward a gaga pit at Bluff School, acknowledged (2:34:56). The posted agenda has no gifts item; the chair said the visioning item fell off "when we had to add the the donation" (0:01:04), so another version apparently carried it. No vote is heard.
2:35:23VI. Other BusinessSpecial education trust and staffing; in-school suspension for tardies.
2:44:52VII. Closing Activities; VIII. AdjournmentLambert moved to adjourn (2:44:59); Second. (2:45:03); the recording ends at the chair's "Further discussion." (2:45:06). Draft minutes: seconded by Whitney Skillen; no vote recorded.

Discussion timeline

Times are taken from the dialogue transcript (Dialogue/14654 SchoolBoard100522.mp4.CSV) and link into the recording.

Chronological topics with what was said. Quotations are from the transcript as transcribed.
TimeTopicWhat was saidFlags
0:01:59September 21 minutesMiles asks that the date be added at the top of page two, and praises the note-taker: "she's doing a wonderful job taking notes."
0:03:20Citizens' commentsChair: comments "again at this time or for non-agenda items." Hopkins asks what the summer data "rollover" meant; an unidentified administrator: the vendor rolled over and "that data was lost" (0:04:11); the summer program was federally funded (0:04:49). Hopkins thanks the board for "the copy of the warrant that was in the packet that we got tonight" (0:04:51); Tempesta: "It's on the website right now for download." Edwards reports the accessible parking space at the tech center has no curb cut (0:05:50). Crawford: of the $650,000 she asked about on September 21, "did we lose it because we didn't act in a timely way?" (0:06:24); and her counselor question has had no answer (0:07:31). The chair says administration will respond by email (0:07:55).OBSERVATION
0:10:30Warrant read aloudTempesta reads the draft: a single-session special meeting "pursuant to RSA 1973 A" [197:3-a] on Wednesday, then corrects himself: "On Thursday. Excuse me, that's an error on that draft on Thursday, October 20th" (0:10:57). Article 1: $200,000 to the Building Repair and Renovation Capital Reserve Fund; Article 2: $100,000 to the Transportation Capital Reserve Fund; Article 3: establish an Energy Expendable Trust Fund under RSA 198:20-c with $129,867.51; each "from the increases in the district's Adequate Education grant" [RSA 198:41], "with no money to be raised from taxation" (0:11:27 to 0:12:26). Horsky: correct the day and "get rid of that extra thousand in between 100 and 29" (0:13:22).OBSERVATION POSITIVE
0:15:13Accountability questionSkillen: how does putting the funds in reserves "meet the requirements of receiving the grant under under state bill for 20 to address student achievement needs" (0:15:13); "I don't know if we're following the rules" (0:16:16). Tempesta: the plan aligns with the strategic plan and ESSER work (0:16:28). Seaman: an improvement plan is needed whether the money is kept or returned; "this is what's considered unrestricted dollars, there isn't a restriction tied to it as far as how it's used" (0:18:37); "We're absolutely in compliance with what the request is for this." (0:19:56); the January report is "not an approval" (0:20:18). Heather Whitney: otherwise the money goes back to taxpayers (0:18:16).MEDIUM
0:20:57Tech-center feasibility studySprague suggests about $50,000 of the money for a tech-center renovation feasibility study (0:20:57); Tempesta notes Dr. Herzog's advocacy for it (0:22:16). Heather Whitney recalls a motion "a few meetings back to allocate $100,000 to the CTE committee" (0:23:25); Tempesta: ESSER money covers it. Horsky: the renovation cycle was missed under a previous administration (0:23:54).
0:25:02Hawkins reads the statuteArlene Hawkins, Ward 3, reads SB 420's plan and accountability language (0:25:24): "The primary goal of this grant is to improve student achievement" (0:25:59). "Where is the match of your proposal and your proposed allocations to satisfy that last sentence?" She cites a state figure for Claremont of "$489,872" and calls it a two-year grant (0:26:28).MEDIUM OBSERVATION
0:27:21Administration's answerSeaman: "it's not a grant. It's additional adequacy aid." It is for this year, with a smaller amount expected next year (0:27:34). Reserves protect the instructional budget from surprises such as propane "going up by 75%" (0:28:14): "I believe it's absolutely a very appropriate use for it." (0:28:40). Heather Whitney supports the reserves to avoid "some draconian cuts" (0:30:31). Balances: capital reserve "$500,000" and transportation reserve "Approximately $230,000" (0:33:29, 0:33:37). Hawkins: "I still believe it's doing a disservice to our children and their families." (0:33:39).MEDIUM
0:33:55Sprague on "supplant"Sprague supports the plan: "a grant can be used to supplement but not supplant. And with money, this money we can supplant and I think is what we're doing." (0:35:14); "As long as what we're hearing is, is accurate, I think I'm okay with it." (0:35:48).
0:36:21Crawford: three questions"it says this section is extraordinary. Need grants for schools. So it seems like in the title it says it is a grant." (0:36:21); the state shows "$489,872" against warrant articles of "something like 429,000", "a variance there of about, what, 60,000" (0:37:37, 0:38:13); and why not put the question on the November 8 ballot to save cost and raise turnout (0:38:13). Horsky: "there's nobody here with legal expertise on this" (0:40:24); "Three quarters of $1 million could be spent that fast on a building." (0:41:17).OBSERVATION
0:43:35DeadlineSeaman: the only deadline is giving the city the final appropriation for the tax rate, "I think the 15th of October. It might have been by the 1st of October." (0:43:35).
0:44:50Putnam: get a legal opinionDavid Putnam, Ward 2, a former board member: "you should have, a legal opinion on it" (0:44:50); Perkins money cannot pay for building consultants and is "under $100,000 this year" (0:46:24). Seaman: the Johnson Controls project heats the middle and high schools with pellets and chips; propane locked "at $1.57" (0:48:09, 0:49:23). Putnam later: "it does not read like an unrestricted fund" (0:57:41).POSITIVE
0:50:09Rock: budget and missionTom Rock, Ward 2, asks how the money affects the budget. Seaman: if not appropriated, it reduces the district assessment (0:51:25); the special meeting would "raise the appropriation" without affecting taxes raised (0:53:10). Rock reads the board's mission statement and asks why the money would not go to students (0:53:57, 0:54:42).
0:55:08Was the accountability language enacted?Sprague: the accountability piece came in amendments and "I can't find what the actual final" version is (0:55:08). Seaman: at a Department of Education and Department of Revenue session, "that was stated several times from Doe as well as the Department of Revenue, that this is unrestricted monies" (0:56:11); the improvement plan is "a matter of reporting it out one more time" (0:56:37); "there really aren't any handcuffs wrapped around how you use it" (0:59:24).MEDIUM
1:01:12Board membersLambert, just arrived, supports reserves so classroom budgets are not cut for emergencies (1:01:12). Skillen wants confirmation from "legal counsel or from someone directly from the the state Department of Education" (1:02:01) and asks "What's the consequence if we're wrong?" (1:02:49); the amounts must add up to the full grant (1:03:10). Seaman will check the figure with the Department "tomorrow" (1:03:31).OBSERVATION
1:03:52TablingHorsky moves to table; the chair wants to hear waiting commenters first, and Horsky withdraws (1:04:27, 1:04:41). An unidentified commenter thought the board had already voted (1:04:53); "Rob Leavitt, Ward two" asks whether other uses were discussed with teachers, parents and students (1:05:40). Horsky moves again; Heather Whitney seconds (1:06:42, 1:06:49). Seaman: tabling is "Purely procedural" and a new special meeting needs two weeks' warning (1:07:06). Petrin floats a new hearing on the 19th and the special meeting on November 3 (1:10:39). Horsky: "the state kind of slaps us in the face right now" (1:09:39). Skillen: "I personally don't want to potentially disobey a law." (1:11:47). Heather Whitney: Matt Upton should "write it out", with Department of Education clarification "in writing" if possible (1:12:49). Carried by voice; hearing closed (1:14:04).POSITIVE
1:14:29Superintendent's reportThe strategic plan from the prior November retreat (1:15:08); Stevens is "in the middle of the pack" on SAT and AP among area schools (1:15:33); "26 students took 30 tests" in AP in 2020 with 11 qualifying scores, against "Minimally, 125 students" earning college credit through other courses (1:17:03, 1:17:35); "We only have 1 or 2 AP classes historically that we've run." (1:18:06). Elementary restructuring models and a survey for parents and staff; plan to the board "by November, 16th" (1:20:43, 1:21:27).
1:33:35CTE visioning committeeSprague reports a meeting with the state CTE director on adding programs (1:34:11). Miles asks whether Stevens counselors also do career counseling; Tempesta: all counselors hold the same certification and follow national guidance standards, and use Naviance (1:35:40, 1:36:30). Sprague suggests giving eighth graders the Naviance interest inventory (1:38:04).
1:39:05Policies JICD and JICKHeather Whitney asks whether JICD aligns with the high school's restorative model; Tempesta: "the regular discipline code applies" (1:40:16). Both adopted on Sprague's motions and Horsky's seconds.
1:41:52ESSER IISeaman: "the grand total of 2 million 879. 321" [$2,879,321]; budgeted "2,000,375, six, 57 and $0.23" [$2,375,657.23]; "there remains 503,663 and $0.77 to budget" (1:41:52). Deadline "September 30th of 2023" (1:43:22). ESSER I is closed out, all spent except "80 some odd dollars" allocated to a private school (1:43:30).
1:44:42Historical achievement dataKoski: i-Ready growth but still "pretty well below" the national norm (1:45:07); state test results 2012 to 2018 across three test changes; "it's I think it's reflective of the high turnover the district has experienced" (1:45:07). Sprague recalls NECAP and No Child Left Behind as "fear based motivation" (1:49:01); Koski: "I believe all kids can be proficient" (1:49:56) and cites Maple "having to replace 60% of their staff this year due to turnover" (1:50:51). Edwards asks how school curriculum teams will align with the board's committee; a written procedure is promised for the next agenda (1:55:07, 1:56:18).
1:56:37Elementary restructuringTempesta: "20 plus percent of staff turning over on a regular basis" (1:57:56); move the pre-K program into the elementary schools (2:00:27); bus-routing software bought to model transportation (2:02:34); class sizes such as a single fifth grade of 27 at Bluff (2:08:33). Heather Whitney: concentrations of poverty by school and middle-school clicks [cliques] drive the proposal, not budget (2:12:28, 2:12:55, 2:14:11).
2:14:50High school scheduleProposal to move Stevens from a 4x4 block to year-long periods of 56 minutes with two lunches, "16% increase in time on learning in the core academics" (2:16:24, 2:19:13). Board questions on lunch timing and credits; Mr. Pratt: "It's a proposal at best." (2:29:24). Lambert: restructuring and the schedule are separate decisions (2:30:24).
2:33:02Donation$500 from Claremont Savings Bank toward a gaga pit at Bluff; other funds still being sought (2:34:15).
2:35:34Special education trust and staffingSeaman: "we received a 1.3 million of additional adequacy aid back in fiscal 20"; half went to a special education reserve and half back to taxpayers; "It was set at 650 and it is still at 650." (2:36:36, 2:37:00). Skillen asks whether it could address staffing gaps for students with plans (2:37:29). Nester: "it really does boil down to staffing some of our compliance issues" (2:38:05); special educators "still down three district wide" (2:40:43); at the middle school "the biggest hole is behavior social emotional programing" with no teacher or paraprofessional running it, and no such program at the high school (2:41:41, 2:42:19). Tempesta: no students are placed out of district until sixth grade (2:38:34). Petrin thanks staff (2:42:45).OBSERVATION
2:44:10TardiesLambert asks whether Stevens suspends students for five tardies, noting students who care for siblings; Tempesta will look into it (2:44:29).
2:44:59AdjournmentLambert moves to adjourn; the recording ends at the call for discussion.

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 October 5, 2022, or is labeled an observation where no verified rule applies.

MEDIUM The board and public were told the SB 420 money was "not a grant" and carried no conditions; the statute calls it a grant and ties it to an achievement plan

Seaman told the hearing "it's not a grant. It's additional adequacy aid." (0:27:21) and "this is what's considered unrestricted dollars, there isn't a restriction tied to it as far as how it's used" (0:18:37), relying on what he said the Department of Education and Department of Revenue had stated at a briefing (0:56:11). The statute in force on this date, RSA 198:40-f (2022, 318:1, eff. July 1, 2022), is headed "Extraordinary Need Grants" and provides: "In order to receive an extraordinary need grant, the eligible school district shall provide a plan to the department of education outlining how the district intends to use grant award funds to improve the educational achievement and growth of students." It requires an accountability assessment and "an annual grant accountability progress report", and states "The primary goal of this grant is to improve student achievement and growth" (statute text). RSA 198:41, I(e) does add the grant to the district's total education grant, which supports describing it as adequacy aid, and the statute contains no express bar on placing the money in reserves. But the text does not support telling the public it was "not a grant" or that the plan was a mere repetition of existing reporting. Two citizens read the statute aloud (0:25:24, 0:36:21), and a member asked for the consequence of being wrong (1:02:49). Mitigation: the board tabled the warrant for written advice from counsel (flag 5).

Sources: RSA 198:40-f, I-II, 2022 codification (2022, 318:1): extraordinary need grants; plan, accountability assessment, annual progress report; RSA 198:41, I(e), 2022 codification (2022, 318:2): grant added to the total education grant

OBSERVATION The draft warrant carried two errors, and the amount itself was disputed by about $60,000

The warrant file posted the morning of the hearing, Claremont Special District Warrant - 10.20.22 - FINAL.pdf, calls the meeting for "Wednesday, October 20, 2022" (warrant text), a Thursday, and writes Article 3's sum as "ONE HUNDRED THOUSAND TWENTY NINE THOUSAND EIGHT HUNDRED SIXTY SEVEN DOLLARS AND FIFTY ONE CENTS" (warrant text) beside the figure $129,867.51. Both were caught aloud (0:10:57, 0:13:22). Separately, two citizens said the state listed Claremont's amount as "$489,872" (0:26:28, 0:37:37), against the $429,867.51 in the warrant; Seaman said "I didn't create this number out of whole cloth" and would confirm it with the Department of Education the next day (1:03:31). This recording does not resolve which figure is right. RSA 197:3-a, III requires the warrant to "specify, in one or more articles, the amounts of appropriations proposed" (statute text), so an unconfirmed total is a reason the tabling was prudent rather than a violation.

Sources: Claremont Special District Warrant - 10.20.22 - FINAL.pdf; RSA 197:3-a, III-V, 2022 codification (2013, 197:1): warrant contents, hearing and meeting notice

OBSERVATION The draft minutes misplace a late-arriving member and misattribute a citizen's question

The draft minutes' roll call lists six members present and none absent, omitting Joshua Lambert, yet credit him with seconding the agenda motion and abstaining on the September 21 minutes, both taken in the first three minutes (0:01:32, 0:02:58). On the recording Lambert first speaks at 1:01:12: "Took me to get here." They attribute Abby Hopkins's question about the summer data rollover (0:03:43) to "Arlene Hawkins (Ward 3)", answered by "Mr. Koski" (minutes text), where the answer on tape is from an unidentified speaker. They place the $650,000 deadline "by the end of August" (minutes text) where Crawford said "September 15th" (0:06:24), give Cassandra Edwards two different wards, and record the adjournment motion and second with no vote; the recording also ends before one. RSA 91-A:2, II requires minutes to "include the names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions" (statute text); a member shown as voting before he arrived is the kind of error a reader relying on the minutes cannot detect. The draft reached the public share on October 14, 2022, nine days after the meeting and at or just past the five-business-day mark depending on how the October 10 holiday is counted; a second version was filed November 15.

Sources: draft CSB Meeting Minutes 10.5.22; RSA 91-A:2, II, 2022 codification (2018, 244:1): contents of minutes; five business days

OBSERVATION The special education director reported no behavioral program at the middle or high school and linked staffing to "compliance issues", while a $650,000 special education reserve sat unused

Nester said the district's challenges "really does boil down to staffing some of our compliance issues" (2:38:05), that special educators were "still down three district wide" (2:40:43), and that at the middle school "the biggest hole is behavior social emotional programing" with no teacher or paraprofessional running it, and no such program at the high school (2:41:41, 2:42:19). Seaman confirmed the special education reserve created with fiscal 2020 adequacy aid "is still at 650" (2:37:00). Under IDEA, "As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP" (regulation text). The recording does not show that any student's IEP services went undelivered, so this is an observation; it records the director's own description of the gap for comparison with later meetings and with the September 21 discussion of the same reserve.

Sources: 34 CFR 300.323(c)(2), 2022 annual edition (services made available in accordance with the IEP); the recording (2:35:34 to 2:42:45)

POSITIVE The board reopened public comment, then tabled its own warrant to get counsel's advice in writing

When a member moved to table, the chair said he wanted to hear the commenters still waiting, and the mover withdrew the motion until they had spoken (1:04:27, 1:04:41). The board then tabled the warrant, with the vice chair asking that counsel Matt Upton "write it out" and that the Department of Education's clarification be obtained "in writing" if possible, and that the next meeting summarize the district's achievement initiatives for the public (1:12:49, 1:13:15). A member put it plainly: "I personally don't want to potentially disobey a law." (1:11:47). Responding to public testimony on the record by pausing a spending decision for legal review goes beyond what any statute requires.

Sources: the recording (1:03:52 to 1:14:04); draft CSB Meeting Minutes 10.5.22

POSITIVE The hearing was noticed eleven days ahead and the warrant was read aloud for viewers at home

RSA 197:3-a, IV requires notice of the hearing "at least 7 days prior to the hearing" (statute text). The district's public notice for the October 5 hearing, naming the date, place and SB 420 subject, was filed to the public Drive share on September 24, 2022, eleven days ahead. At a citizen's request the superintendent read the full draft warrant into the record so people not in the room could hear it (0:10:30), and it was posted for download (0:05:13).

Sources: CSB Public Hearing_Meeting Notice 10.5.22 (1).pdf (Drive createdTime September 24, 2022); RSA 197:3-a, IV, 2022 codification: hearing at least 14 days before the meeting; notice 7 days before the hearing

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