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Policy Categories Archives: Section A: Foundations & Basic Commitments

Section A contains policies on the District’s legal role in providing public education and the basic principles underlying school board governance. These policies provide a setting for all of the other policies and regulations.

Nursing Mothers Accommodation

ASD File: ACN
AUBURN SCHOOL DISTRICT
NURSING MOTHERS ACCOMMODATION

A. Statement of Purpose

The District provides a supportive environment as to time and place for employees
(collectively “nursing mothers). Subject to the terms and exceptions set forth in this
policy, the District will accommodate the needs of nursing mothers by providing
reasonable times and suitable spaces for nursing mothers to nurse during school and
work hours for one year after the birth of the child. Nursing for purposes of this policy
will include expression of milk by manual or mechanical means.

No nursing mother will be discriminated against for nursing or nursing related activities
as provided in this policy, and reasonable efforts will be made to assist nursing mothers
in meeting their infant feeding goals while at work or school.

B. Accommodation Notice and Plans

A nursing or expectant mother should contact the building principal or employee’s
supervisor at least two weeks before the need for nursing accommodations arises. The
District will endeavor to meet the break and space needs of each nursing mother.
However, when ordinary accommodations (as discussed below) will create undue
hardship to the operations of the school/workplace, the District will work with the nursing
mother to determine whether other acceptable accommodations may be made. Such
other accommodations could include such items as a change in work/class assignments,
or schedules. When acceptable accommodations are unattainable, the building principal
or other administrator working with the nursing mother should consult with the District’s
Human Rights/Non-Discrimination Officer or Superintendent.

A nursing accommodation plan should be revisited upon the nursing mother’s request, or
at least every three months, with adjustments made to the accommodations for breaks
as nursing needs change.

C. Reasonable Time to Express Milk during the School Day

Absent undue hardship or other accommodations as established under Section B, above,
a nursing mother will have a minimum of three opportunities (“nursing period”) during a
work or school day, at agreed upon intervals (which should include flexibility as
appropriate and practicable) for the purpose of nursing or to address other needs
relating to nursing. An employee can use usual break and meal periods if she chooses.
A nursing mother who is an hourly employee will be paid during nursing periods. Nursing
mothers shall not be required to “make up” time relating to the use of unpaid nursing
periods.

D. Suitable Private Areas for Nursing

Nursing mothers will be provided with a private place, other than a bathroom, in each
school district building in which a nursing mother spends her working or school day. The
nursing area:

1. May be temporary or permanent.
2. Shall be shielded from view and free from intrusion by other persons, including
without limitation other staff or students;
3. Shall be within a reasonable walk to the nursing mothers work-station or
classroom unless otherwise agreed by the nursing mother;
4. Have at a minimum an electrical outlet and a chair if feasible;
5. Have a sink with running water if feasible, or be in proximity to one;
6. Have a refrigerator for breast milk storage if feasible, or be in proximity to one;
and
7. Shall be cleaned regularly by District staff assigned to that duty.

E. Nursing Mother Responsibilities.

Nursing mothers will:

1. Provide at least two weeks advance notice of the need for nursing
accommodations, preferably prior to their return to school following the birth of
the child. This will allow school administrators the opportunity to establish a
location and work out scheduling issues.
2. Maintain the nursing area by wiping down surfaces with antibacterial wipes so the
area is clean for the next user.
3. Provide their own supplies as is necessary.

F. Prohibited conduct.

Any intentional act which violates a nursing mother’s privacy, aims to frustrate a nursing
mother’s intentions to use the nursing facilities, or constitutes harassment on account of
a nursing mother’s needs or breastfeeding status is prohibited, and shall be treated as
violation of the applicable code of conduct, with possible disciplinary consequences and
may constitute sexual harassment and reported to the Title IX Coordinator.

G. Dissemination of policy.

This policy shall be summarized in applicable employee handbook.

Legal References: 20 U.S.C 1681, et seq, Title IX of the Education Amendments of 1972, 42
U.S.C. 2000ggPregnant Worker Fairness Act (“PWFA”),42 U.S.C. 218dPump for Nursing Mothers
Act (“PUMP Act”)

Adopted: November 14, 2023

Safe Schools

ASD File: ADD/EBB
AUBURN SCHOOL DISTRICT
SAFE SCHOOLS

The Board recognizes that effective learning and teaching takes place in a safe, secure and welcoming environment and that safe schools contribute to improved attendance, increased student achievement and community support. To that end, the Board directs the superintendent, following consultation with the district parents, teachers, administrators, students and when appropriate, members of the community, to develop a safe schools plan that includes:
1. Procedures that address the supervision and security of school buildings and grounds.
2. Procedures that address the safety and supervision of students during school hours and school-sponsored activities.
3. Procedures that address persons visiting school buildings and attending school-sponsored activities.
4. Training programs for staff and students in crisis prevention and management.
5. Training programs for staff and students in emergency response procedures that include practice drills.
6. Training programs for staff and students in how to recognize and respond to behavior or other information that may indicate impending violence or other safety problems.
7. Training and support for students that aims to relieve the fear, embarrassment and peer pressure associated with reporting behavior that may indicate impending violence or other safety problems.
8. Procedures for safe, confidential reporting of security and safety concerns at each school building.
9. Procedures for regular assessments by school security/safety professionals and law enforcement officers to evaluate the security needs of each school building and to provide recommendations for improvements if necessary.
10. Procedures for regular assessments by school climate professionals to determine whether students feel safe and to provide recommendations for improvements in school climate at each district building.
11. Procedures to provide for regular communications between district officials, law enforcement officers, fire department officials, city and county officials and local medical personnel to discuss crisis prevention and management strategies, including involvement by these parties in the development and revision of crisis prevention and management plans.
12. Training programs for staff and students in safety precautions and procedures related to fire prevention, natural disaster response, accident prevention, public health, traffic, bicycle and pedestrian safety, environmental hazards, civil defense, classroom and occupational safety, and special hazards associated with athletics and other extracurricular activities.
13. Procedures for the reporting of criminal activity to law enforcement.
Each building principal shall be responsible for the supervision and implementation of the safe school program at his or her school. The principal shall submit annually, in the manner and by the date specified by the State Board of Education, a written report to the Board of Education concerning the learning environment in the school during that school year. The report shall contain, at a minimum, the information required by law.

It shall be the responsibility of the superintendent or designee to compile the annual safety reports from each principal and submit the compilation to the Board of Education. The Board shall issue a final safety report. The report shall be made available to the public and shall be submitted to the State Board of Education in accordance with state law and regulation.

Legal References:
RSA 193-D, RSA 193-F, and
NH Admin Rules Sec. Ed 306.04(a)(2)
Adopted: September 14, 1999
Revised: January 13, 2009
Code EBB added 9/1/22

Accountability

ASD File: AE
AUBURN SCHOOL DISTRICT
ACCOUNTABILITY

The Auburn School Board directs the Superintendent to establish an accountability system in order to collect data needed for evaluation of the district’s compliance with state and federal laws on school accountability.
The Superintendent will ensure that the district’s statistical reports are filed in a timely manner with the New Hampshire Department of Education.

Legal Reference: RSA 189:28, RSA 192-H:4 NH Code of Administration Rules Section Ed. 306.23

Adopted: March 13, 2007

School District Legal Status

ASD FILE: AA
AUBURN SCHOOL DISTRICT
SCHOOL DISTRICT LEGAL STATUS

The legal basis for education is vested in the will of the people as expressed in the Constitution of New Hampshire, the statutes* pertaining to education, court interpretation of these laws, the powers implied in them, and the rules and regulations of the State Board of Education.

In New Hampshire, School Districts are political subdivisions of the State and, as such, are considered municipal corporations.
Board policies are established by the Board, which serves as the agent of the District. Funds for school operating expenses are approved by a majority of qualified voters, except bond issues, which require a 60% vote.

Statutory/Case Law References:
NH Constitution, Pt. 2 Article 83
Claremont School District vs. Governor, 138 NH 183 (1993)
RSA Chapter 33, Municipal Finance Act
RSA 194:2 School Districts to be Corporations
RSA 197:1 Annual School District Meetings
RSA 40:13 Use of Official Ballot
Clough v. Osgood 37 NH 444 (1935)

Adopted: November 13, 1980
Revised: September 10, 1992
Adopted: August 10, 1999
Revised: September 12, 2017

Non-Discrimination, Equal Opportunity Employment And District Anti-Discrimination Policy

ASD File: AC
AUBURN SCHOOL DISTRICT
NON-DISCRIMINATION, EQUAL OPPORTUNITY EMPLOYMENT AND DISTRICT ANTIDISCRIMINATION POLICY

Education is a protected civil right in New Hampshire. As such, it is the policy of the School Board that there will
be no discrimination on the basis of age, sex, gender, gender identity, race, creed, color, religion, familial status,
marital status, sexual orientation, national or ethnic origin, economic status, or disability, or any other classes
protected under RSA 354-A, for employment in, participation in, admission/access to, or operation and
administration of any educational program or activity in the School District.

The District will not discriminate against any student or employee who is a victim of domestic violence,
harassment, sexual assault, or stalking.

The Superintendent or his/her designee will receive all inquiries, complaints, and other communications relative
to this policy and the applicable laws and regulations concerned with non-discrimination.

This policy of non-discrimination is applicable to all persons employed or served by the District. Any complaints or
alleged infractions of the policy, law or applicable regulations will be processed through the grievance procedure.
This policy implements PL 94-142, Section 504 of The Rehabilitation Act of 1973, Title II of The American with
Disabilities Act, Title VI or VII of The Civil Rights Act of 1964, Title IX of The Education Amendments of 1972,
and the laws of New Hampshire pertaining to non-discrimination.

The Superintendent shall develop and provide to the Board for approval, a coordinated written District Anti-
Discrimination Plan (the “Plan”) to include guidelines, protocols and procedures intended to prevent, assess the
presence of, intervene in, and respond to incidents of discrimination.

Complaint and Reporting Procedures

Any person who believes that he or she has been discriminated against, harassed, or bullied in violation
of this policy by any student, employee, or other person under the supervision and control of the school
system, or any third person who knows or suspects conduct that may constitute discrimination,
harassment, or bullying, should contact the District Human Rights Officer, or otherwise as provided in
the policies referenced below under this same heading.

Any employee who has witnessed, or who has reliable information that another person may have been
subjected to discrimination, harassment, or bullying in violation of this policy has a duty to report such
conduct to his/her immediate supervisor, the District Human Rights Officer, or as provided in one of the
policies or administrative procedures referenced below under this same heading. Additionally, employees
who observe an incident of harassment or bullying are expected to intervene to stop the conduct in
situations in which they have supervisory control over the perpetrator and it is safe to do so. If an
employee knows of an incident involving discrimination, harassment, or bullying and the employee fails
to report the conduct or take proper action or knowingly provides false information in regard to the
incident, the employee will be subject to disciplinary action up to, and including, dismissal.

Investigations and resolution of any complaints shall be according to the policies listed below and related
administrative procedures or regulations. Complaints or reports regarding matters not covered in one or
the other of those policies should be made to the District Human Rights Officer.

1. Reports or complaints of sexual harassment or sexual violence by employees or third
party contractors should be made under Board policy GBAA;

2. Reports or complaints of sexual harassment or sexual violence by students should be
made under Board policy JBAA;

3. Reports or complaints of discrimination on the basis of disability should be made
under Board policy ACE, except for complaints regarding facilities accessibility by
disabled non-students or employees, which should be made under Board policy
KED; and

4. Reports or complaints of bullying or other harassment of pupils should be made
under Board policy JICK.

Alternative Complaint Procedures and Legal Remedies

At any time, whether or not an individual files a complaint or report under this Policy, an individual may
file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or
with the New Hampshire Commissioner for Human Rights.

1. Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor,
Boston, MA 02109-3921; Telephone number: (617) 289-0111; Fax number: (617) 289-
0150; Email: OCR.Boston@ed.gov
Note: Complaints to OCR must be filed in writing no later than 180 days after the alleged
act(s) of discrimination. OCR may waive its 180 day time limit based on OCR policies and
procedures.

2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH
03301; Telephone number: (603) 271-2767; Email: humanrights@nh.gov

Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution
under state or federal criminal law.

Retaliation Prohibited

No reprisals or retaliation of any kind will be taken by the Board or by any District employee against the
complainant or other individual on account of his or her filing a complaint or report or participating in an
investigation of a complaint or report filed and decided pursuant to this policy, unless that person knew
the complaint or report was false or knowingly provided false information.

The Superintendent shall ensure that District and or building personnel are assigned to the positions
listed below:

Human Rights Officer –Human Resources Director
(90 Farmer Road, Hooksett, NH 03106 622-3731 x18)
Title IX Coordinator Director of Curriculum, Instruction and Assessment
(90 Farmer Road, Hooksett, NH 622-3731 x12)
504 Coordinator –Assistant Principal
(Auburn Village School 11 Eaton Hill Road, Auburn, NH 483-2769 x 1001)

Legal References:
RSA 354-A:6 Opportunity for Employment without Discrimination a Civil Right
RSA 354-A:7 Unlawful Discriminatory Practices, The Age Discrimination in Employment Act of 196, Title
VII of The Americans with Disabilities Act of 1990, Title VII of The Civil Rights Act of 1964 (15 or more
employees), RSA 186:11, XXXIII, Discrimination, RSA 275:71, Prohibited Conduct by Employer, ED 306

Adopted: November 8, 1989
Revised: September 10, 1992, June 8, 1999, March 16, 2001, March 13, 2007, December 11, 2018,
December 10, 2019, July 28, 2020
Reviewed: June 8, 2021, May 10, 2022, May 4, 2023
Revised: August 22, 2023

Procedural Safeguards: Non-Discrimination On The Basis Of Handicap/Disability

ASD File: ACE
AUBURN SCHOOL DISTRICT
PROCEDURAL SAFEGUARDS: NON-DISCRIMINATION ON THE BASIS OF HANDICAP/DISABILITY

The Auburn School District will ensure that all students with a handicap or disability are provided all necessary procedural safeguards as are required by law. Such procedural safeguards are found in pertinent federal and state laws and regulations. In addition, all staff, students, parents and other interested persons are directed to the New Hampshire Department of Education Procedural Safeguards Handbook.

Legal References:
NHDOE Admin Rules, Ed 1120, Procedural Safeguards 34 C.F.R. Part 104, Nondiscrimination on the Basis of Handicap Section 504 of the Rehabilitation Act of 1973

Adopted: July 10, 1979
Revised: September 10, 1992
Adopted: June 8, 1999
Revised: December 13, 2016
Revised: January 10, 2017

Nondiscrimination Policy/Grievance Procedure

ASD File: ACG
AUBURN SCHOOL DISTRICT
NONDISCRIMINATION POLICY
GRIEVANCE PROCEDURE

A complaint regarding a violation of law shall be subject to a grievance procedure that provides for the prompt and equitable resolution of disputes from all students, employees, and staff of the District.

Upon request, the building administrator will provide a copy of the District’s grievance procedures. The person who believes he/she has a valid basis for a grievance shall discuss the grievance informally and on a verbal basis with the building administrator, who shall in turn investigate the complaint and respond to the complainant. If not satisfied with the response, the complainant may initiate formal procedures according to the following steps:

Step 1. A written statement of the grievance signed by the complainant shall be submitted to the building administrator within five (5) school days of receipt of answer to the informal complaint. The building administrator shall communicate his/her decision to the aggrieved party in writing within five (5) days of receipt of the written grievance. If the building administrator is the person charged with the violation, the grievant may submit the complaint to the Superintendent of Schools, or his/her designee, for the Auburn School District.

Step 2. The aggrieved party, no later than five (5) school days after receipt of the building administrator’s decision, may appeal the building administrator’s decision to the Superintendent of Schools or his/her designee. The appeal to the Superintendent of Schools or his/her designee must be made in writing reciting the matter submitted to the building administrator and the aggrieved party’s dissatisfaction with decisions previously rendered. Superintendent of Schools, or his/her designee, shall meet with the aggrieved party to attempt to resolve the matter as quickly as possible, but within a period not to exceed five (5) school days. The Superintendent of Schools, or his/her designee, shall communicate his/her decision in writing to the aggrieved party and the building administrator no later than five (5) school days after the meeting.

Step 3. If the grievance is not resolved to the aggrieved party’s satisfaction, the aggrieved party, no later than five (5) school days after receipt of the Superintendent of School’s, or his/her designee’s, decision, may submit a written request for a hearing with the local School Board regarding the alleged discrimination through the Superintendent of Schools. The hearing will be held within thirty (30) calendar days of the written request. The School Board must provide the aggrieved party with a written decision on the appeal within ten (10) calendar days after the hearing.

Step 4. If the complainant wishes to appeal the local School Board’s decision, he/she may request an impartial hearing by contacting the NH Commissioner of Education, NH Department of Education, 101 Pleasant Street, Concord, NH 03301.

Step 5.  If at any point the grievance has not been satisfactorily settled, the complaint may be made to the Office for Civil Rights, US Department of Education, 33 Arch Street, Suite 900, Boston, Massachusetts 02110-1491.

A copy of the regulations on which this notice is based may be found in the building administrator’s office. During all steps of this complaint process, the aggrieved party and the School District may continue to negotiate a mutual solution to the alleged discrimination. Upon such a mediated agreement, the procedure would be terminated.

First Reading: May 11, 1999
Adopted: June 8, 1999
Revised: June 12, 2007

School District Mission/Core Values

ASD File: AD
AUBURN SCHOOL DISTRICT
SCHOOL DISTRICT MISSION/CORE VALUES

It Takes a Village To Educate a Child

MISSION:
The mission of the Auburn School District is to ensure that each student develops the foundational academic skills and knowledge necessary to be a contributing participant in an evolving global society. We work collaboratively with our community to provide the highest quality education in a secure, positive, and challenging environment for all students.

CORE VALUES:

High Achievement
We will:
Set high expectations and standards for all students and staff.
Teach students to be involved and active learners who work hard, think critically and communicate effectively.
Educate the whole child through engagement in academic, physical, civic pursuits and the arts.

Excellence in Teaching
We will:
Recruit and retain passionate, knowledgeable and skillful teachers.
Support a professional and collaborative learning community that sustains a culture of intellectual excitement, creative instruction, and personal growth.

Innovation
We will:
Be recognized as a leader in education and curriculum development.
Foster critical thinking, open mindedness, creativity and collaborative problem-solving with our students and staff.
Continuously assess learning and adjust teaching practices accordingly.

Respect
We will:
Create an environment where students feel known, safe, and valued.
Recognize the uniqueness and dignity of individuals of differing races, religions, classes, ethnicities, sexual orientations, learning styles and abilities.
Create a culture of collaboration, collegiality and open communication.
Welcome divergent ideas on important issues.
Cultivate citizens who contribute to and care about their community and the world.

Each year, the Auburn Village School Board will identify strategic district goals. These goals will guide the work of administrators and promote the advancement of the Auburn Village School. Progression of goals will be assessed and discussed at monthly school board meetings. At the conclusion of the year, the Board shall reflect on the degree to which the goals and objectives have been accomplished.

Adopted: January 11, 1989
Revised: June 13, 2006
Revised: June 13, 2017

Drug-Free Workplace/Drug-Free Schools

ASD File: ADB/GBEC
See also JICH
AUBURN SCHOOL DISTRICT
DRUG-FREE WORKPLACE/DRUG-FREE SCHOOLS

A. Drug-Free Workplace
1. All District workplaces are drug- and alcohol-free. All employees and contracted personnel are prohibited from:
a. Unlawfully manufacturing, dispensing, distributing, possessing, using, or being under the influence of any controlled substance or drug while on or in the workplace, including employees possessing a “medical marijuana” card.
b. Distributing, consuming, using, possessing, or being under the influence of alcohol while on or in the workplace.

2. For purposes of this policy, a “controlled substance or drug” means and includes any controlled substance or drug defined in the Controlled Substances Act, 21 U.S.C. § 812(c), or New Hampshire Controlled Drug Act RSA 318-B.

3. For purposes of this policy, “workplace” shall mean the site for the performance of work, and will include at a minimum any District building or grounds owned or operated by the District, any school-owned vehicle, and any other school-approved vehicle used to transport students to and from school or school activities. It shall also include off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction, care or control of the District.

4. As a condition of employment, each employee and all contracted personnel will:
a. Abide by the terms of this policy respecting a drug- and alcohol-free workplace, including any administrative rules, regulations or procedures implementing this policy; and b. Notify his or her supervisor of his or her conviction under any criminal drug statute, for a violation occurring on District premises or while performing work for the District, no later than five (5) days after such conviction.

5. In order to make employees aware of dangers of drug and alcohol abuse, the District will endeavor to:
a. Provide each employee with a copy of the District drug- and alcohol-free workplace policy;
b. Post notice of the District drug- and alcohol-free workplace policy in a place where other information for employees is posted;
c. Establish a drug-free awareness program to educate employees about the dangers of drug abuse and drug use in the work place, the specifics of this policy, including, the consequences for violating the policy, and any information about available drug and alcohol counseling, rehabilitation, reentry, or other employee-assistance programs.

B. District Action Upon Violation of Policy
An employee who violates this policy may be subject to disciplinary action; up to and including termination of employment. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.

The Board will take disciplinary action with respect to an employee convicted of a drug offense in the workplace, within thirty (30) days of receiving notice of a conviction. Should District employees or contracted personnel be engaged in the performance of work under a federal contract or grant, or under a state contract or grant, the Superintendent will notify the appropriate state or federal agency from which the District receives contract or grant moneys of an employee/contracted personnel’s conviction, within ten (10) days after receiving notice of the conviction.

The processes for disciplinary action shall be those provided generally to other misconduct for the employee/contractor personnel as may be found in applicable collective bargaining agreements, individual contracts, School Board policies, contractor agreements, and or governing law. Disciplinary action should be applied consistently and fairly with respect to employees of the District and/or contractor personnel as the case may be.

C. Drug-Free School Zone
Pursuant to New Hampshire’s “Drug-Free School Zone” law (RSA Chapter 193-B), it is unlawful for any person to manufacture, sell prescribe administer, dispense, or possess with intent to sell, dispense or compound any controlled drug or its analog, within a “drug-free school zone”. The Superintendent is directed to assure that the District is and remains in compliance with the requirements of RSA 193-B, I, and N.H. Ed. Part 316 with respect to establishment, mapping and signage of the drug-free zone around each school of the District.

D. Implementation and Review
a. The Superintendent is directed to promulgate administrative procedures and rules necessary and appropriate to implement the provisions of this policy.
b. In order to maintain a drug-free workplace, the Superintendent will perform a biennial review of the implementation of this policy. The review shall be designed to (i) determine and assure compliance with the notification requirements of section A.5.a, b and d; (ii) determine the effectiveness of programs established under paragraph A.5.c above; (iii) ensure that disciplinary sanctions are consistently and fairly enforced; and (iv) and identify any changes required, if any.

Legal References:
41 U.S.C. §101, et. Seq. – Drug-free workplace requirements for Federal contractors, and Federal grant recipients, RSA Chapter 193-B, Drug Free School Zones, N.H. Admin. Code, Ed. Part 316

Adopted: June 13, 1991
Adopted: August 10, 1999
Revised: May 9, 2017
Revised: December 11, 2018

Tobacco Products Ban Use And Possession In And On School Facilities And Ground

ASD File: ADC
Also GBED and JICG
AUBURN SCHOOL DISTRICT
TOBACCO PRODUCTS BAN USE AND POSSESSION IN AND ON SCHOOL FACILITIES AND GROUNDS

State law prohibits the use of any tobacco product, E-cigarette, or liquid nicotine in any facility or upon any grounds maintained by the District. Students and minors are further prohibited from possessing such items in or upon any facility, school vehicle, or grounds owned or maintained by the District.

A. Definitions.
“Tobacco product(s)” means any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes, as well as any other product or item included in RSA 126-K:2, XI as the same may be amended or replaced from time-to-time.

“E-cigarette” means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name as well as any other product or item included in RSA 126-K:2, II-a as the same may be amended or replaced from time-to-time.

“Liquid nicotine” means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes, as well as any other product or item included in RSA 126-K:2, III-a as the same may be amended or replaced from time-to-time.

“Facility” is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.

B. Students
No student shall purchase, attempt to purchase, possess or use any tobacco product, E-cigarette, or liquid nicotine in any facility, in any school vehicle or anywhere on school grounds maintained by the District.

Enforcement of the prohibition against students shall initially rest with building principals, or their designees, who may also report any violation to law enforcement, for possible juvenile, criminal or other proceedings as provided under state law. Additional consequences may be administered pursuant to printed student conduct rules.

C. Employees
No employee shall use any tobacco product, E-cigarette, or liquid nicotine, in any facility, in any school vehicle or anywhere on school grounds maintained by the District.

Initial responsibility for enforcement of this prohibition shall rest with building principals, or their designees. Any employee(s) who violate(s) this policy is subject to disciplinary action which may include warning, suspension or dismissal. Violations may also be referred to appropriate law enforcement and/or other appropriate agencies for criminal or other proceedings as provided under state law.

D. All other persons
No visitor, contractor, vendor or other member of the public, shall use any tobacco product, Ecigarette, or liquid nicotine in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.

The building principal(s), and where appropriate, other site supervisor (athletic director, vehicle driver, etc.), or their designee(s), shall have the initial responsibility to enforce this section, by requesting that any person who is violating this policy to immediately cease the use of tobacco products, E-cigarette or liquid nicotine. After this request is made, if any person refuses to refrain from using such products in violation of this policy, the principal, site supervisor, or designee may call contact the appropriate law enforcement agency(ies) for possible criminal or other proceedings as provided under state law.

E. Implementation and Notice
Administrative Rules and Procedures. The Superintendent shall establish administrative rules and procedures to implement this policy, which rules and procedures may be building level and/or district-wide. Rules and procedures relating to student violations and resulting disciplinary consequences should be developed in consultation with building principal(s).

The Superintendent, working with the building principal(s), shall provide annual notice to employees, students and parents of the pertinent provisions of this policy (e.g., student or staff handbook) along with applicable administrative regulations and procedures, which may include prescribed consequences for violations of this policy. Such notice should include information that violation of this Policy could lead to criminal or other such proceedings.

Signs shall be placed by the District in all buildings, facilities and school vehicles stating that the use of tobacco products is prohibited.

Legal References:
RSA 155:64 – 77, Indoor Smoking Act, RSA 126-K:2, Definitions, RSA 126-K:6, Possession and Use of Tobacco Products by Minors, RSA 126-K:7, Use of Tobacco Products on Public Educational Grounds Prohibited

Adopted: November 3, 1987
Adopted: February 10, 1998
Adopted: August 10, 1999
Revised: October 6, 2003
Revised: June 14, 2016
Revised: December 11, 2018