Claremont School Board, March 16, 2016

Organizational meeting after the March 8 election: three members sworn in, Brian Rapp elected chair 4-3 and Chris Irish vice chair, the election results read, and a roll-call vote adopting the administration's early education recommendation, which moves the district's preschool for identified children into the technical center and, as families and members described it, closes the center's tuition-funded child care program, after more than an hour of comment from parents and staff. Also a first reading of a pre-employment drug-testing policy. 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, March 16, 2016 (the superintendent opens "This is the March 16th, 2016, the meeting of the Claremont School Board.")
Start time
Not stated in available records. The superintendent opens at 0:00:11; the Pledge of Allegiance follows the officer elections at 0:07:16; a motion to adjourn is seconded at 3:32:39. The dialogue transcript runs 3:32:44.
Location
Not stated in available records. Speakers refer to "the program located in this building" (1:43:34) and the child care center "located down the hall" (1:47:17), which places the meeting at the Sugar River Valley Regional Technical Center.
Recording
Cablecast: SCHOOL BOARD MEETING of 3-16-16 (transcript length 3:32:44; the slides fail between 1:25:13 and 1:30:20, with little speech)
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).
Board composition
Seven members. Patrick Adrian and Michelle Pierce (three-year terms) and Frank Sprague (one-year term) are sworn in; Richard Seaman, the previous chair, was not re-elected. Seven hand votes are counted in the chair election (4-3), so all seven seats were filled and voting.

Participants

Everyone heard or addressed on the recording. Surnames that rest on the project roster or the attribution report rather than on this recording are marked as such; there are no minutes to check spellings against. Students are not named.
NameRoleParticipation
Brian RappChair (elected at this meeting)Nominated by Irish, seconded by Adrian, and declared chair "for four. A vote of." To three. (0:05:19; transcribed "Brian Rapid" and Ryan). Runs the rest of the meeting, tells a commenter that budgets "can be reallocated", says the technical center is "in noncompliance", and asks whether medical marijuana falls under the disability law.
Chris IrishVice chair (elected at this meeting)Nominates the chair and is elected vice chair unopposed (0:06:24). Argues the technical center is "a CTE program first and foremost" and moves "the recommendation proposed by the administration" (3:00:42).
Frank SpragueMember (sworn in, one-year term)States his name at the oath (0:02:04). Asks about the background-check bill and the $20,000 warrant article, SAT participation, teachers' Youth and Government expenses, Perkins funding, and up-front notice of drug testing.
Patrick AdrianMember (sworn in, three-year term)Seconds the chair nomination (0:04:23). Questions whether low child-care enrollment reflects the program or how it is promoted, and the effectiveness of pre-employment drug tests. Votes No. on the early education motion (3:01:21).
Michelle PierceMember (sworn in, three-year term)Moves the Youth and Government trip (0:45:43). Questions a $24,000 child-care wage, says she is not ready to decide the early education question that night (2:52:37), and in the roll call answers Yes, yes. (3:02:05). Asks about random drug testing.
Brent FerlandMemberAddressed as Brant by the superintendent (2:01:18; the project roster spells it Brent). Moves the agenda and the March 2 minutes, seconds Becky Ferland's chair nomination (0:04:36), presses for a way to keep the child-care program, supports the parents' motion, votes no, and proposes deleting the medical-marijuana paragraph of the drug-testing policy.
Rebecca "Becky" FerlandMemberNominated for chair and loses 4-3 (0:04:29 to 0:05:39). Recognized as Becky (3:23:20); asks that the board set its bargaining priorities before negotiations begin. Her identification rests partly on elimination (attribution report, medium confidence); the third No. in the roll call is labeled as hers (3:01:28).
Middleton McGoodwinSuperintendent, SAU 6Presides over the swearing-in and chair election, gives the superintendent's report and the new-member orientation, and presents the early education recommendation and the drug-testing policy.
Cory LeClairAssistant superintendent, SAU 6Asked a question as Corey (0:31:07); describes being "officially in my position less than a year" (0:54:19). Presents the early-learning strategic plan and explains staffing ratios, certification and service obligations for identified preschoolers.
Mary WoodmanSchool district clerkNamed by the superintendent as the officer who "is going to swear in each member" (0:00:51). Administers the oath, reads the March 8 results, including her own re-election, and calls the roll on the early education motion.
Student representative (not named)Student memberReads the student report (0:09:57): technical-center competitions, scholar-athlete awards, spring sports and a German exchange visit.
Nancy LewisStevens High School social studies teacher, Youth and Government advisorWelcomed by name (0:41:27). Requests permission to take ten students to the YMCA Youth and Government program; also notes an April SAT retake (0:35:06, attributed to her with low confidence).
Student delegate (not named)Youth and Government delegateSpeaks briefly about the program (0:43:39).
Sam (surname not stated)Lead preschool teacher and co-director of the Sugar River Childcare CenterIntroduces herself (1:47:17) and presents tuition and cost figures checked with business administrator "Michael O'Neill".
Emily AdamsCo-director and lead infant and toddler teacher"Emily Adams, I am the co-director" (2:35:00); says the parents' motion asks only for a year to relocate.
Jason (surname heard once as Tatum)Public comment, Ward 2, parent in the child care program"Hi, Jason Ward two" (0:33:31); a member later refers to "Mr. Tatum" (2:48:08), the only source for the surname. Presents the parents' proposed motion and questions the use of the $236,000 budget line.
Rachel GerberPublic comment, Ward 2"I'm Rachel Gerber, Ward two." (2:20:06); a parent in the program who works in preschool special education elsewhere. Explains how a related-service provider serves children in community settings.
Amanda (surname not stated)Public comment, parent"Hi, my name is Amanda." (2:35:36). Asks whether a class with no teacher can be expected to draw students and asks for one more year.
Joel (surname transcribed "Snide")Director, Sugar River Valley Regional Technical CenterThe superintendent defers "to Joel Snide the director" (2:43:20); spelling unverified. Describes state guidelines on district programs in a CTE center, enrollment history and staff losses.
UnidentifiedVarious186 of 1,017 dialogue rows (18.3%) are unidentified: oath and pledge responses, seconds and votes, crowd remarks, the commenter stopped after the vote (3:02:59), and the member who abstains on the March 2 minutes (0:09:39).

Order of business (reconstructed)

No agenda survives. The superintendent refers to "the agenda on on the second page" and to a packet; the list below is reconstructed from the chair's and superintendent's transitions.
Taken upItemWhat was said and done
0:00:11Swearing in of newly elected members"Contrary to past practice, we are going to begin the meeting by swearing in the newly elected Claremont School board members." Patrick Adrian and Michelle Pierce, three-year terms; Frank Sprague, corrected to "A one year term." (0:00:45). Oath administered by the clerk (0:01:52 to 0:03:21).
0:03:40Election of chairBrian Rapp nominated by Irish, seconded by Adrian; Becky Ferland nominated, "seconded by Brant Ferland" (0:04:36). Show of hands: Rapp four, Ferland three (0:05:19, 0:05:39).
0:05:59Election of vice chairChris Irish nominated and seconded; no other nominations; "And Chris here vice chair." (0:06:24).
0:07:16Call to order, Pledge of Allegiance, roll callRoll call largely inaudible (0:07:50, 0:08:05).
0:08:26Amendments and final approval of the agenda"Motion to approve the agenda as presented." (Brent Ferland, 0:08:48); seconded; voice vote (0:09:01).
0:09:08Minutes of March 2"Motion to approve the minutes of March 2nd as presented." (Brent Ferland); seconded; voice vote with one I abstain. (0:09:39).
0:09:41Student representative's reportReport read; no questions.
0:14:40Superintendent's reportMayor's message, SB 152 testimony, a $500 donation for STEM Fest, a program-of-studies timing change, new-member orientation, the SAT administration report, and the public participation policy. Member questions follow.
0:33:15Citizens' commentsThe board decides to hear comment on early education when that item comes up; one comment on SAT retakes. Closed at 0:35:25.
0:35:36Reading of the March 8 Claremont voting resultsRead by the clerk. Motion to "Accept as read." (0:41:00); "I'll second." (Sprague); voice vote (0:41:06).
0:41:21Stevens High Youth and Government delegation requestMotion, Pierce: "I move that we support this program so that they can participate." Second, Brent Ferland. Voice vote; no opposition heard (0:45:57).
0:46:11Early education programsPresentation, board discussion and public comment. Motion, Irish: "I make the motion that we move forward with the recommendation proposed by the administration." (3:00:42); seconded; roll call; declared passed (3:02:16). See the timeline and flag 3 for the audible tally.
3:03:27School board policies, first readingPhysical examinations of students: postponed at the superintendent's request. Pre-employment drug testing: first reading "approve as amended" with the medical-marijuana paragraph deleted (3:16:27); "So moved. Second." Voice vote (3:16:36). Second reading set for the next meeting.
3:16:45Update from the school nursesHead-lice procedures and athletic trainer. No vote.
3:20:21Meeting dates with the city councilSecond and fourth Thursdays offered. No vote.
3:22:28Collective bargaining and subcommittee assignmentsMembers volunteer for bargaining teams and capital improvements; priorities to come to a later agenda. No vote.
3:29:08Preview of April 6 and closing remarksSuperintendent's preview; the chair's advice on email.
3:32:39AdjournmentBrent Ferland asks to move adjournment (3:29:04); "So I'll second." Voice vote.

Discussion timeline

Times are taken from the dialogue transcript (Dialogue/8258 SchoolBoard031616.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
0:00:11Swearing inThe superintendent cites the oath as "Per RSA 925." (as transcribed; the provision meant is not identified) and names the three new members; Sprague's term is corrected from three years to "A one year term." The clerk leads the oath line by line.
0:03:40Chair and vice chairThe superintendent: "all those in support of Brian Rapp serving as a school board chair of the Claremont School Board, would you please raise your hand?" then "Three and I counted three. Mr. Rapp is the next school board chair". The new chair takes vice-chair nominations; Irish is unopposed.
0:09:08March 2 minutesApproved by voice. The single I abstain. at 0:09:39 is labeled in the dialogue file as the superintendent, who is not a voting member; it is more likely a member who had not sat on March 2 (see the footer).MED
0:14:41Mayor's message and the background-check billThe superintendent reads Mayor Charlene Lovett's congratulations and reports testifying with the high school principal and the mayor on Senate Bill 152: "the House Education Committee voted 18 to 1 to approve Senate Bill 152"; it would "allow school superintendents to have access to strictly confidential information" and "become effective July 1st, 2016" (0:16:58) [enacted as 2016 N.H. Laws ch. 117, effective July 19, 2016]. Sprague asks whether the $20,000 warrant article is for those checks; hires before then will be told their contracts are "contingent upon there's nothing in their criminal offense record check that would disqualify them." (0:30:39).
0:17:30STEM Fest donation and math schedulingA business "provided a donation of $500." for middle-school STEM Fest (0:17:59). The high school principal asks to offer honors algebra and geometry "in a true a B schedule every other day, all year long", with "nothing with the curriculum, the credit values, etc. has changed." (0:18:29).
0:20:03Orientation for new membersFrom New Hampshire School Board Association materials: no individual member has authority "unless the board by vote has delegated authority", "No legal action can be taken except that a duly Warren meeting", and at social functions a quorum need not leave "unless the four of you or five of you sit down and start discussing board issues" (0:24:36).POS
0:25:49SAT administrationThe testing coordinator's report on the March 2 SAT; the state decision "was apparently made in the fall, and by the time the legislature funded it, there was not enough lead time." Sprague: "89 out of 112 taking the SAT." (0:31:07). LeClair: under the waiver the district has not been focusing on participation rates.
0:27:10Public participation policyThe superintendent reads the policy's third rule: "in public session, the board will not hear personal complaints of school personnel or complaints against any person connected with the school system. And that includes you, by the way." Personal matters about an employee or member belong in "a protocol of going into nonpublic." (0:28:49).OBS
0:33:31When will the public be heard?Jason asks whether parents should speak in citizens' comments or at the early education item. Adrian and Brent Ferland prefer comment at the item; the chair agrees.POS
0:36:40March 8 resultsNo candidate on the ballot for moderator (a write-in received 72 votes); treasurer Jane Hunter 740; clerk Mary Woodman 743; three-year seats Patrick Adrian 424, Michelle Pierce 522 (transcribed "The shelters"), Richard Seaman 401; Sprague 702 for the one-year seat. Operating budget "652 yes votes and 165 novels" [no votes]; paraprofessionals 518-313; maintenance and custodians 531-300; secretaries 483-343; expanded background checks 556-274; security upgrades 464-368; Maple Avenue repairs 593-230; maintenance expendable trust 491-334. "There are 849 total voters" of 8,446 registered (as read), read as "a 13% voting public" [849 of 8,446 is about 10%].
0:41:49Youth and GovernmentLewis asks to take ten students to Concord, "on August 8th and ninth this year" for "all day Friday and all day Saturday" [as transcribed; April 8 and 9, 2016 were a Friday and Saturday, August 8 and 9 a Monday and Tuesday]. Sprague objects to "you and Jill are going to be incurring the expenses on your own"; Lewis: "The school district pays a stipend." Approved.
0:46:19Early education: the case for changeIn fiscal 2014 "24% of our students were identified as having special needs" (0:50:01); in 2014 "44% of our half day kindergarten students at the end of the year scored below or well below" the literacy benchmark (0:52:11). LeClair presents three priorities, "early learning, personalization and engagement", a grant of technical assistance with no monetary value, and an AmeriCorps VISTA position with a $5,000 local share to be paid from Title I (1:00:31).
1:02:12The federal lawThe superintendent explains child find and least restrictive environment under the Individuals with Disabilities Education Act, citing Ed 1105 for New Hampshire's rule (not verified here). The number of identified three- and four-year-olds is rising; "the fact that we have not been able to comply with Ida" (1:07:16); "We don't have the room to provide children ages three and four, who are identified with the appropriate special education services" (1:07:38). The plan was "blessed by the Doe" and "it'll put us in compliance with the federal law." (1:11:23).MED
1:09:27The proposed modelMixed classes of identified and non-identified children aged three and four, plus self-contained classes, "a potential of 100 children", by "taking our pre-K program that is in the Maple Avenue Elementary School, transferring it to the current facility, and over the summer, retrofitting that." He cautions it "may not look exactly like this in the fall of 2016".OBS
1:13:07The technical center reviewA study for the Newport and Claremont districts on whether programs align with "high skill, high wage job needs". A recorded August 2015 interview is played (1:17:30): "to assume or speculate that programs will close. Is inaccurate". Child-care enrollment from the high school has been low, and early child care offers no "positive, livable wage opportunity" (1:20:36). A teacher-preparation pathway is proposed, with a teacher hired "for the fall of 2017" (1:22:33); "We have 17 teachers next year retiring in Claremont alone."OBS
1:32:41Board questionsAdrian asks whether low enrollment reflects how the program is promoted; the superintendent says the review found the high school and technical center "are not connected." LeClair separates "three distinct issues": the identified preschool population, a Department of Education direction to move from an early-childhood pathway to teacher preparation ("that was not a local decision"), and the existing program (1:41:07, 1:41:35).
1:43:03Enrollment and compliance todayLeClair: "27, 27 for the program located in this building" and "I believe we are up to 38 in the Maple, preschool programs". Asked whether the Maple Avenue program meets the standard, Pierce: "Doesn't because it doesn't have the other students that." The superintendent: "It's mostly sped children." (1:44:12, 1:44:14). Twelve new identified children are expected (1:46:07).MED
1:47:17The child care program's financesSam: tuition of $185 a week (infants and toddlers) and $175 (preschool); "without a CTE teacher, the Claremont taxpayers pay $0 to fund our program"; after salaries and benefits, "an income after that of $28,102.80." (1:49:38), and building operation is covered from tuition (1:49:55). The superintendent: identified children cannot be blended into the program without staff holding "a licensure and special education" (1:51:22).
1:52:11A CTE program or child care?Irish: "We only have four kids that are signed up to even take the health care program" and "This is a CTE program first and foremost." (1:54:03). Pierce asks whether a $24,000 career is one the district should train students for; Sam describes earning running-start credits in the program.
1:59:25Could the program be combined with the preschool?Brent Ferland proposes using the tuition program to supply non-identified peers. The superintendent: the identified children's teachers "have to be special education certified" (2:01:50). LeClair: about 15 children in referral, 12 likely identified, "projection of around 50." (2:05:23); class models and ratios; services begin on a child's third birthday (2:08:27).
2:11:40The parents' motionJason reads a proposed motion directing the superintendent "to maintain the current status quo, as presented in the 20 1617 budget" until the end of fiscal 2017, after which the parents would "close completely and dissolve the program". He says "the taxpayers did not approve a $236,000 fund to facilitate this move. We approved $236,000 as a budget for the Tech center program." (2:12:58). The chair: "Budgets are total budgets and there are no specific line items. It can be reallocated." (2:13:34). Jason: three months is not enough for 27 families (2:15:58).OBS
2:20:06Least restrictive environment in the communityGerber: "a special ed student may be placed there and receive their special education services there. There does not have to be a special educator on staff, as long as the special educator is in consultation". LeClair: for a district-sponsored program the Department of Education's recommendation is "dual cert teachers", but "there are additional ways to provide support to identify children in the greater community population" (2:25:03).MED
2:27:53Irish: decide now"If we do nothing for a year, that's just one more year for this tech center to die." "If we do nothing for another year, we have wasted that $200,000, no matter how you slice it." (2:30:07). On whom to trust: "I got to go with the people. We're paying a salary" (2:30:49).
2:35:00More public commentEmily Adams: "we will not have this conversation next year." Amanda: "Personally, if you were a student, would you sign up for a class with no teacher?" (2:35:37). The chair stops crosstalk: "This is a public meeting. People need to. People need to be able to hear the conversation" (2:40:08).POS
2:42:35State compliance and Perkins fundingThe chair: "The state has acknowledged that it's not currently being used what it's meant for. So we're in noncompliance." Asked about Perkins money, the director: "the state said you cannot push out a CTE program in order to put something else in" and new guidelines permit district programs "so long as it doesn't displace a C to E program. So the proposal is legal according to the new state guidelines." (2:43:42). He has "lost 56% of my staff here in the last seven years." (2:46:24).OBS
2:48:08Members divideBrent Ferland backs the parents' motion: spending the money as allocated "adds some, credibility to the budgetary process." (2:50:31). Irish: "I wasn't elected to to make decisions based on making them happy." Pierce: "I don't feel comfortable making any kind of decision tonight on any of this until I have an opportunity to understand some of it." (2:52:37). The superintendent: "What you're feeling right now is the price of leadership" (2:56:38).OBS
3:00:42The voteIrish: "I make the motion that we move forward with the recommendation proposed by the administration." Seconded; roll call called by the clerk. Audible answers: after Avian [Adrian] No. (3:01:21); No. (3:01:24, Brent Ferland); No. (3:01:28, labeled Becky Ferland); after an unrecovered name transcribed Rosanna, Yes. (3:01:31); after "Michelle. Pierce." Yes, yes. (3:02:05); Yes. (3:02:10); "True. Passes." (3:02:16). Three no and three yes answers are audible; the seventh is not.OBS
3:02:59A comment after the voteAn unidentified audience member: "Doctor Goodwin was adding additional information, and you're not getting the whole story. I'm afraid to tell you I'm going to be straight. You were misled." A point of order is called; Irish: "Please don't go there."; the superintendent: "The policy does not allow discrimination like that." (3:03:17).OBS
3:03:29Pre-employment drug testing, first readingThe superintendent: "The city of Claremont does this with all its employees". Sprague asks for disclosure "up front" in postings. Brent Ferland: is the paragraph on "the New Hampshire law legalizing medical marijuana" redundant "given the American disability paragraph?" The chair: "people being prescribed medical marijuana, would they necessarily fall under American with Disability Act." (3:06:57). Pierce asks why not random testing; the superintendent: "Constitutionally I believe this random conjecture." (3:13:37). Irish: testing after hire "will have to be part of the collective bargaining" (3:15:15). The paragraph is deleted and the policy approved "as amended" on first reading (3:16:27).OBS
3:16:45Nurses and athletic trainerFamilies' cost should "not be an obstacle" to head-lice treatment; nurses' websites are up. Irish praises the athletic trainer's concussion protocol.
3:22:28Collective bargainingThe superintendent wants to "address the salary of our professional teachers" and discuss health insurance. Becky Ferland: "I felt very uncomfortable going to the to those collective bargaining meetings and coming back and reporting to the board". Brent Ferland wants the priorities set "at a public meeting. So it's on the record" (3:24:03). No more than three members per bargaining team (3:25:50). Becky Ferland stays with the paraprofessionals, Brent Ferland the secretaries; Irish and Sprague take capital improvements (3:28:11).
3:32:01The chair's advice on email"I would recommend a separate email account. Just understand. Freedom of information, public emails." so that "all school board business happens through that."POS

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 March 16, 2016, 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: the district's shares hold no year folder older than 2022, and the Meeting Minutes share starts at 2023. This meeting elected the board's officers, accepted the election results and adopted a recommendation that, as discussed, closes a child care program the parents said serves 27 families, and the recording is now the only public account. RSA 91-A:2, II, in the text in force in 2016, required minutes including "names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions", "open to public inspection not more than 5 business days after the meeting". This page applies the MEDIUM limb of the project's severity rule because the record mitigates the gap: the superintendent refers to the agenda and a packet (0:00:51, 0:19:33), and the board approves the March 2 minutes (0:09:08), so minutes were being kept. What is missing is any public copy now, and with it the recommendation the board adopted by reference (flag 3).

Sources: RSA 91-A:2, II (2015 codification; source note ends 2008, 303:4, so in force through 2016)

MEDIUM The administration told the board its preschool for identified children was not in compliance with the federal least-restrictive-environment rule

The superintendent described "the fact that we have not been able to comply with Ida" (1:07:16) and said the plan "it'll put us in compliance with the federal law. Because right now, if a parent of a child who's identified says you are not following ID, their correct" (1:11:23). Asked whether the Maple Avenue preschool meets the standard, a member answered that it does not "because it doesn't have the other students", and the superintendent added "It's mostly sped children." (1:44:12, 1:44:14). IDEA requires that "To the maximum extent appropriate, children with disabilities ... are educated with children who are not disabled". An administration's own statement that a program falls short of that requirement is a probable compliance gap, graded MEDIUM rather than HIGH because the board acted on it the same night and the remedy is a plan for the next school year, not a finding by any agency. Two qualifications from the record: LeClair said placement in community settings with consultation is another lawful route (2:25:03), as a parent who works in preschool special education explained (2:20:35), and the superintendent's Ed 1105, the state rule he cited, was not verified for this page.

Sources: 20 U.S.C. §1412(a)(5)(A) (least restrictive environment; not amended after 2004)

OBSERVATION A program closure adopted by reference to a presentation that does not survive, on a roll call that is only partly audible

The motion was "that we move forward with the recommendation proposed by the administration" (3:00:42); its terms were in a PowerPoint "in your packet" (0:46:19) and were described aloud as an example that "may not look exactly like this in the fall of 2016" (1:09:27). With no minutes or packet surviving, what the board approved can be reconstructed only from the presentation as heard. The roll call yields three audible no answers (Adrian, Brent Ferland, and one labeled Becky Ferland) and three audible yes answers, one of them Pierce's, before the result is announced as passed (3:01:21 to 3:02:16); the seventh vote is not heard and two yes voters are not named. Pierce had said minutes earlier that she did not "feel comfortable making any kind of decision tonight" and asked for time to "make an informed decision" (2:52:37, 2:54:22). RSA 91-A:2, II required the minutes to record "final decisions", and the 2016 text did not yet require them to name the mover and seconder; with no minutes, even the second to the motion is unnamed.

Sources: RSA 91-A:2, II (2015 codification)

OBSERVATION Two different accounts of what state law allows in the technical center building

The chair said the state "has acknowledged that it's not currently being used what it's meant for. So we're in noncompliance." (2:42:35). The center's director said new state guidelines permit district programs in a center "so long as it doesn't displace a C to E program. So the proposal is legal" (2:43:42). RSA 188-E:3, II, in the 2015 codification, provides that a regional career and technical education facility constructed or renovated under that section "shall become the property of the school district or public academy, for use by the career and technical education center exclusively." Whether the Claremont building was built under that section, what the state said about noncompliance, and what the new guidelines say are not established on the recording; neither document was read into the record. The plan places the district's preschool for identified children, not a CTE program, in the building, so the statute's word exclusively and the director's account of the guidelines point in different directions. A reviewer would need the state's written direction and the guidelines to resolve it.

Sources: RSA 188-E:3, II (2015 codification; source note ends 2015, 252:5, eff. July 1, 2015)

OBSERVATION The chair's answer on reallocating the $236,000 technical-center line was broadly right but incomplete

A parent said voters approved "$236,000 as a budget for the Tech center program" and that using it for the preschool move was "maybe not the most honest allocation of my tax dollars" (2:12:58, 2:14:35). The chair answered that "Budgets are total budgets and there are no specific line items. It can be reallocated." (2:13:34). RSA 32:10, as it read in 2016, lets the governing body transfer an unexpended balance from one appropriation to another "If changes arise during the year following the annual meeting", provided the total spent does not exceed the total appropriated, and requires records of the transfers. So a transfer within the operating budget is lawful, but it is the board's act as governing body, and the line-item budget the voters saw remains the public record of intent, which is the point Brent Ferland made about the "credibility to the budgetary process" (2:50:31). The money at issue is in the fiscal 2016-17 budget, which had not yet begun.

Sources: RSA 32:10, I (2016 codification; source note ends 2004, 113:1, so in force until Aug. 15, 2017)

OBSERVATION The medical-marijuana paragraph was struck on a premise the federal disability law does not clearly support

Brent Ferland proposed deleting the policy's paragraph on "the New Hampshire law legalizing medical marijuana" as redundant "given the American disability paragraph" (3:06:00). The chair asked the right question, whether people "being prescribed medical marijuana" would "necessarily fall under American with Disability Act" (3:06:57), and it went unanswered before the paragraph was deleted (3:15:27). The ADA excludes from protection "any employee or applicant who is currently engaging in the illegal use of drugs" (42 U.S.C. §12114(a)) and defines illegal use by reference to the Controlled Substances Act, with an exception for a drug "taken under supervision by a licensed health care professional" (§12111(6)). How that exception applies to a state therapeutic-cannabis patient is a legal question the board did not put to counsel. The state law the deleted paragraph addressed, RSA 126-X, does not require "Any accommodation of the therapeutic use of cannabis on the property or premises of any place of employment" and keeps the employer's power to discipline for use or impairment at work. The ADA also provides that a drug test "shall not be considered a medical examination" (§12114(d)(1)). With the paragraph gone, the policy is silent on how a positive test from a lawful state patient is to be handled, which the superintendent said would be "a private conversation" (3:07:42).

Sources: 42 U.S.C. §12114(a), (d)(1); 42 U.S.C. §12111(6) (no amendment to this paragraph since 1990); RSA 126-X:3 (2015 codification; source 2013, 242:1)

OBSERVATION The policy against public complaints about staff was read early and then used to end a comment after the vote

In his report the superintendent read the board's public participation rule that "the board will not hear personal complaints of school personnel or complaints against any person connected with the school system", adding "And that includes you, by the way." (0:28:20). After the vote an audience member began to say the board had been misled by the superintendent's information; a point of order was called and the superintendent said "The policy does not allow discrimination like that." (3:02:59 to 3:03:17). No state statute in 2016 gave the public a right to speak at board meetings (RSA 189:74 dates from 2022), so enforcing a local rule is within the board's control. Two features of the moment are worth a reader's attention: the person being criticized was the one who invoked the rule, and the chair, who controls the floor, did not rule. The commenter's claim is unexplained on the recording and is not evaluated here.

Sources: RSA 189:74 (2022, 333:1, eff. Sept. 6, 2022; not law in 2016)

POSITIVE The public was heard at length on the program before the vote

When a parent asked how the board wanted to hear from the families (0:33:31), members chose to take comment when the item came up (0:34:07, 0:34:16), and during the item six people spoke from the floor: two program staff, three parents and the technical center's director, several more than once, over more than an hour before the motion (1:47:17 to 2:48:02). The chair also enforced that comment be made where the audience could hear it (2:40:08). No statute required a comment period in 2016 (RSA 189:74 was enacted by 2022, 333:1), so this exceeded the legal minimum.

Sources: RSA 189:74 (2022, 333:1, eff. Sept. 6, 2022; not law in 2016)

POSITIVE New members were briefed on the Right-to-Know law, and the chair advised keeping board email as a public record

The superintendent's orientation told new members that four or more members at a social function need not leave "unless the four of you or five of you sit down and start discussing board issues" (0:24:36), which matches RSA 91-A:2, I: a meeting is "the convening of a quorum", and "A chance, social, or other encounter not convened for the purpose of discussing or acting upon such matters shall not constitute a meeting if no decisions are made". The chair advised a "separate email account" for board business because of "Freedom of information, public emails" (3:32:01). RSA 91-A:1-a, III defines governmental records to include communications in "paper, electronic, or other physical form, received by a quorum or majority of a public body in furtherance of its official function, whether at a meeting or outside a meeting". Keeping board business in one account makes those records easier to find and produce. Neither step was required, and both help the public's access.

Sources: RSA 91-A:2, I (2015 codification); RSA 91-A:1-a, III (2015 codification; source note ends 2008, 354:1)

Appendix: source files

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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