November 29, 2017 at 4:22 pm #63338
No Agenda for the 5 pm meeting, but it’s on the calendar as the first of two Board meetings tonight:November 29, 2017 at 5:02 pm #63339
In attendance, at the Board table: Chairman Rick Hyotte, Dean/Treasurer/Founder Kim Lavallee, Sean Thomas, Maureen Anson, Founder Patti Humphrey, Dean Maureen Mooney, Kristi Scarpone, Teacher Rep Mike Gaumont.
In the audience…2 parents, 1 teacher, and moi – your blogger/parent/volunteerNovember 29, 2017 at 5:04 pm #63340
Matt Mercer, Board member arrives just as the meeting gets under way.
Dean Eggert, attorney, will lead the Board Training.
Starts with Malawi and some village there, and a public school there. Consider your blessings.November 29, 2017 at 5:12 pm #63341
Overview- challenges; right way and wrong way to do it; goal to find the pathway if everyone is united around the vision/mission of Founders, will be successful.
Board- State Constitution, State Statutory Law, Judicial Decisions, Federal Law, State Board of Education. Focus tonight is on the law.
1. The General Framework for a Chartered Public School Board
A. The State Constitution
Practice Pointers: There is a case to be made that the State has a duty to cherish charter schools as public schools; There is a case to be made that the State’s funding duty to Charter schools should be…(he changed the screen, so please refer to video)November 29, 2017 at 5:15 pm #63342
B. The Chartered Public School as a Statutory creation
NH RSA 194-B:5.III provides that, “An established chartered public school shall bea corporation, which shall be registered with the secretary of state…with authority necessary or desirable to carry out its charter program, including, but not limited to, the folloing…. (see video)November 29, 2017 at 5:16 pm #63343
The Increased Role of the NH Department of Education” The Duty to establish “a chartered public school program officer position” with enumerated responsibilities/authority.
a0 Answer inquiries regarding charter public schools
b act as a liason between charter…. (see video)November 29, 2017 at 5:18 pm #63344
C. The Role of the Board Member
The board of trustees is the governing body of a chartered public school. See RSA 194-B:1, III
Similare to a public school board, the board of trustes is granted “general supervisory control and authority over the operations of the …. (see video)November 29, 2017 at 5:21 pm #63345
1. Board Member Authority
* The Board acts by a vote of the body as a whole.
*Individual board members do not have the authority to bind the Board or Founders.
*Policy BEDH, Public Participation at School Board Meetings, embodies this premise. It states that “members of the Board are without authority to act independently as individuals in official matters.”
We have to check our policies, especially our indemnification one.November 29, 2017 at 5:22 pm #63346
Ware then the ‘substantive duties’ of the Board?
Look to analogous duties of a Public School Board under Ed 303.01 plus more
‘Substantive duties’ of the Director/Administrator/Dean?
Look to analogous duties of public school Superintendent, plus moreNovember 29, 2017 at 5:25 pm #63347
The Board adopts educational policies, and the Dean is responsible for implementing those policies. Policy BG, Board Policy Process states that “Policies are guides for action by the administration, who then sets the rules, regulations, and proceures to provide specific directions to school peronnel.”
The Dean also serves as the conduit for communiction between the Board and other employees. See Policy BHC, Board-Employee Communications’ See also Policy KEB, Public Complaints about school Personnel, Employees, Students or Administration.November 29, 2017 at 5:28 pm #63348
2. Ethical Obligations of a Board Member (Policy BCA)
1. Attend all regular scheduled Board meetings… (see video)
3. Seek systematic communications with students, staff, and members of the community’
4. Work respectfully with other Board members to achieve the educational goals of the school district by encouraging the free expression of opinions by all Board members;
5. Communicate to other Board members and the Dean expressions of public reaction to the Board policies and school programs.
(see video)November 29, 2017 at 5:31 pm #63349
Matt Mercer asks about the acronyms used on the policies. Eggert says it is part of the state system of codification.
II. The “Right to Know” Law NH RSA 91-A
Governing Board=Public Body
A. The General Presumption of Openness
The Presumption that all meetings will be Open to the public.
Board Members should model civic responsibility, ethical standards, and the same healthy dialogue….. (see video)November 29, 2017 at 5:32 pm #63350
B. Defining a Meeting
Four relevant Exceptions…. (see video)November 29, 2017 at 5:35 pm #63351
1. Participation by members in a meeting
Public Board meetings enter the elctronic age
Five criteria for electronic participation
Illustrates the problem with “phone polls”
2. Public Participation in Board Meetings
The limitations on a public participation: “The meeting is a public meeting of the Board, not a meeting of the public” No statutory requirement to have public participation. Privilege, not a rightNovember 29, 2017 at 5:41 pm #63352
C. Protections Afforded to the Public 7 Key Protections
D. The General Presumption Against Non-public Sessions
Prerequisites to Nonpublic session:
Subject matter must fit a stutory exception;
Proper motion must be made and seconded;
Must be roll call vote, requires majority of the members present;
Discussion must be confined to the matters set forth in the Motion.
As of January 1, 2018- new- Member’s right to Object!
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