200 Legal Status of School District

200.1 Organization of the Board of Directors

 

ORGANIZATION OF THE BOARD OF DIRECTORS

The ESTHERVILLE LINCOLN CENTRAL COMMUNITY SCHOOL DISTRICT Board is authorized by and derives its organization from Iowa law.  The Board shall consist of 5 board members.  Board members shall be elected at-large.

The Board is organized for the purpose of setting policy and providing general direction for the school district.  The Board shall hold its organizational meeting each year at the first regular meeting following the canvass of votes.  The retiring Board shall transfer materials and responsibility to the new Board.

The organizational meeting allows the outgoing Board to approve minutes of its previous meetings, complete unfinished business and review the school election results.  The retiring Board shall adjourn and the new Board shall then begin.  The secretary will administer the oath of office to the newly elected board members.  The board secretary will preside while the new Board elects the president and vice president of the new Board.

 

 

Legal Reference:     Iowa Code  274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 (1995).

                                    281 I.A.C. 12.3(2).

 

 

Cross Reference:     202                 Board of Directors Members

                                    206.1              President

                                    206.2              Vice President

                                    210                 Board of Directors' Meetings

 

 

Approved:   11/11/96                                  Reviewed:    7/17/00     Revised: 1/2020

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200.2 Powers of the Board of Directors

POWERS OF THE BOARD OF DIRECTORS

The Board of the ESTHERVILLE LINCOLN CENTRAL COMMUNITY SCHOOL DISTRICT, acting on behalf of the school district, shall have jurisdiction over school matters within the territory of the school district.

The Board is empowered to make policy for its own governance, for employees, for students and for school district facilities.  The Board is also empowered to enforce its policies.  The Board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.

The Board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.

 

Legal Reference:     Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).

                                    Iowa Code 28E; 274.1-.2; 279.8 (1995).

                                    281 I.A.C. 12.1(2).

                                    1990 Op. Att'y Gen. 66.

 

Cross Reference:     209  Board of Directors' Management Procedures

 

Approved:    11/11/96         Reviewed:     7/17/00                              Revised:  1/2020

                                                               11/02

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200.3 Responsibilities of the Board of Directors

RESPONSIBLITIES OF THE BOARD OF DIRECTORS

The Board is authorized to govern the District, which it oversees.  As the governing board of the District, the Board has three duties to perform:  legislative duty, executive duty and evaluative duty.

Legislative Duty:

The Board is responsible for legislating policy for the District under Iowa law.  As a policy making body, the Board has jurisdiction to enact policy with the force and effect of law for the management and operation of the District.

Executive Duty:

To select its chief executive officer, the Superintendent, to operate the District on the Board's behalf.  The Board delegates to the Superintendent its authority to carry out Board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner, which supports and is consistent with Board policy.

Evaluative Duty:

The Board is responsible for reviewing the performance of the District’s educational program.  The Board regularly reviews the education program and ancillary services.  The review should include a careful study of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the Board's educational philosophy for the school District.

Legal Reference:     Iowa Code 274.1; 279.1, .8, .20; 280.12 (1995).

                                    281 I.A.C. 12.3(2).

 

Cross Reference:     101  Educational Philosophy of the School District

                                    103  Educational and Operational Planning

                                    209  Board of Directors' Management Procedures

                                    600  Goals and Objectives of the Educational Program

 

 

Approved:    11/11/96          Reviewed:                 7/00               Revised:  1/2020

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201 Board of Director's Elections

BOARD OF DIRECTOR'S ELECTIONS

The election of citizens to the Board takes place on the second Tuesday in November of odd years. . Each bi-annual school election shall be used to elect citizens to the Board to maintain a 5-member board and to address other questions that must be submitted to the voters.

Citizens of the school District community seeking a seat on the Board must file their nomination papers with the Board secretary, or the Board secretary's designee.

If a vacancy occurs on the Board, it may be filled by appointment within thirty days of the vacancy.  The newly appointed board member shall hold the position until the next scheduled school election.

At that time, the appointed Board member may run for a four-year term, if one is available, or run for the remainder of the unexpired term.

If the Board does not fill the vacancy by appointment within thirty days of the vacancy occurring,  the board secretary shall call a special election to be held no sooner than sixty days and not later than seventy days after the vacancy occurred.   Candidates for a seat created by a vacancy must file their nomination papers 25 days before the special election. A Board member elected at the special election shall serve the remaining portion of the unexpired term.

It shall be the responsibility of the county commissioner of elections to conduct school elections.

 

 

 

Legal Reference:     Iowa Code  39; 45; 47-53; 56-57; 69; 274.7; 277; 278.1                                                                      (1995).

 

 

Cross Reference:     201 Board of Director’s Elections

                                 202  Board of Directors Members

                                  203  Board of Directors' Conflict of Interest

 

 

Approved:    11/11/96         Reviewed:     7/00                           Revised:  1/2020

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202 Board of Directors Members

202.1 Qualifications

QUALIFICATIONS

Serving on the Board of Directors is an honor and privilege.  Its rewards are respect from the community, students, and employees and the satisfaction from knowing each Board member contributed to the success of the children in the school district community.  Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the Board.

Individuals who are willing to serve on the Board believe public education is important, support the democratic process, willingly devote time and energy to Board work, respect educators and have the ability to examine the facts and make a decision.  The Board believes an individual considering a position on the school board should possess these characteristics.

Citizens wanting to run for a position on the Board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position.

Legal Reference:     Iowa Code  63; 68B; 277.4, .27; 279.7A (1995).

 

 

Cross Reference:     201     Board of Directors' Elections

                                    202.4  Vacancies

                                    203     Board of Directors' Conflict of Interest

 

 

Approved:    11/11/96          Reviewed:    7/00                                                 Revised: 1/2020

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202.2 Oath of Office

OATH OF OFFICE

Board members are officials of the state.  As a public official, each Board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the Board member's ability.

Each newly-elected Board member will take the oath of office prior to any action taken as a school official.  The oath of office shall be taken by each new Board member elected at the annual school election at or before the organizational meeting of the Board.  In the event of an appointment or special election to fill a vacancy, the new Board member shall take the oath of office within ten days of the appointment or election.

Board members elected to offices of the Board shall also take the same oath of office but replacing the office of Board member with the title of the office to which they were elected.

The oath of office shall be administered by the Board secretary and does not need to be given at a Board meeting.  In the event the Board secretary is absent, the oath shall be administered by another Board member.

            "Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of  (naming the office) in the ESTHERVILLE LINCOLN CENTRAL COMMUNITY SCHOOL DISTRICT as now and hereafter required by law?"

 

Legal Reference:     Iowa Code 277.28; 279.1, .6 (1995).

Cross Reference:     200.1  Organization of the Board of Directors

                                    201     Board of Directors' Elections

                                    202     Board of Directors Members

                                    204     Code of Ethics

                                    206     Board of Directors' Officers

 

Approved:    11/11/96         Reviewed:     7/00                                       Revised: 1/2020

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202.3 Term of Office

TERM OF OFFICE

Board members elected for a full term at a regularly scheduled school election in September serve for four years.  Board members appointed to fill a vacant position will serve until the next scheduled election. 

 Eligible board members are encouraged to consider running for more than one term.

 

Legal Reference:     Iowa Code 69.12; 274.7; 279.6-.7 (1995).

 

Cross Reference:     201  Board of Directors' Elections

                                   202  Board of Directors Members

 

 

Approved:    11/11/96         Reviewed:                        7/00                              Reviewed: 1/2020

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203 Board of Directors' Conflict of Interest

BOARD OF DIRECTORS' CONFLICT OF INTEREST

Board members must be able to make decisions objectively.  It shall be a conflict of interest for a Board member to receive direct compensation from the District, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A Board member shall not act as an agent for a school textbook or school supply company during the Board member's term of office.  It shall not be a conflict of interest for Board members to receive compensation from the school District for contracts to purchase goods or services if the benefit to the Board member does not exceed $ 6,000 in a fiscal year or if the Board, upon competitive bid in writing, makes the contracts publicly invited and opened.

It shall also be a conflict of interest for a Board member to engage in any outside employment or activity, which is in conflict with the Board member's official duties and responsibilities.  In determining whether outside employment or activity of a Board member creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:

(1)       The outside employment or activity involves the use of the District's time, facilities, equipment and supplies or the use of the District badge, uniform, business card or other evidence of office to give the Board member or member of the Board member's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to a Board member.

(2)       The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the Board member or a member of the Board member's immediate family from anyone other than the state or the District for the performance of any act that the Board member would be required or expected to perform as part of the Board member's regular duties or during the hours in which the Board member performs service or work for the District.

(3)       The outside employment or activity is subject to the official control, inspection,  review, audit, or enforcement authority of the Board member, during the performance of the Board member’s duties of office or employment.

If the outside employment or activity is employment or activity in (1) or (2) above, the Board member must cease the employment of or activity.  If the activity or employment falls under (3), then the Board member must:

            •           Cease the outside employment or activity; or

•           Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

It shall be the responsibility of each Board member to be aware of an actual or potential conflict of interest.  It shall also be the responsibility of each Board member to take the action necessary to eliminate such a conflict of interest.  Should a conflict of interest arise, a Board member should not participate in any action relating to the issue from which the conflict arose.

 

Approved:    11/11/96                    Reviewed:     7/00                                      Revised:  1/2020

                                                                                   11/02

                                                                                    9/08

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                                                                                    1/20

                                                                                                  

Legal Reference:     Iowa Code 55; 71.1; 277.27; 279.7A; 301.28 (1995).

                                    1990 Op. Att'y Gen. 37.

                                    1988 Op. Att'y Gen. 21.

                                    1986 Op. Att'y Gen. 10.

                                    1984 Op. Att'y Gen. 23.

                                    1982 Op. Att'y Gen. 302.

                                    1978 Op. Att'y Gen. 295.

                                    1976 Op. Att'y Gen. 89.

                                    1974 Op. Att'y Gen. 137.

                                    1936 Op. Att'y Gen. 237.

 

 

Cross Reference:     201     Board of Directors' Elections

                                    202.1  Qualifications

                                    204     Code of Ethics

                                    216.3  Board of Directors' Member Compensation and Expenses

                                    217     Gifts to Board of Directors

                                    401.3  Nepotism

 

 

 

 

 

 

 

 

 

 

 

 

204 Code of Ethics

CODE OF ETHICS

Board members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district.  Therefore, Board members must conduct themselves professionally and in a manner fitting to their position.

Each Board member shall follow the code of ethics stated in this policy.

AS A SCHOOL BOARD MEMBER:

1.   I will listen.

2.   I will respect the opinion of others.

3.   I will recognize the integrity of my predecessors and associates and the merit of their work.

4.   I will be motivated only by an earnest desire to serve my school district and the children of my school district community in the best possible way.        

5.   I will not use the school district or any part of the school district program for my own personal advantage or for the advantage of my friends or supporters.      

6.   I will vote for a closed session of the board if the situation requires it, but I will  consider “star chamber” or “secret” sessions of board members unethical.       

7.   I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.         

8.   I will expect, in board meetings, to spend more time on education programs and procedures than on business details.

9.   I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.

10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.

11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program.

12. I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity.

13. I will abide by majority decisions of the board.

14. I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school district.    

15. I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting.

16. I will endeavor to keep informed on local, state and national educational  developments of significance so I may become a better board member.

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and adequate as it is possible to provide. 

2.   I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the school district to the community.

3.   I will earnestly try to interpret the needs and attitudes of the school district community and do my best to translate them into the education program of the school district.

4.   I will attempt to procure adequate financial support for the school district.

5.   I will represent the entire school district rather than individual electors, patrons or groups.

6.   I will not regard the school district facilities as my own private property but as the  property of the people.

 

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

1.   I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.

2.   I will recognize that it is my responsibility, together with that of my fellow board members, to see the school district is properly run and not to run them myself.

3.   I will expect the school district to be administered by the best-trained technical and professional people it is possible to procure within the financial resources of the school district.

4.   I will recognize the superintendent as executive officer of the board.

5.   I will work through the administrative employees of the board, not over or around them.

6.   I will expect the superintendent to keep the board adequately informed through oral and written reports.

7.   I will vote to employ employees only after the recommendation of the superintendent has been received.

8.   I will insist that contracts be equally binding on teachers and the board.

9.   I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority.

10.   I will give the superintendent friendly counsel and advice.

11.   I will present any personal criticism of employees to the superintendent

12.    I will refer complaints to the proper administrative officer.

TO COOPERATE WITH OTHER SCHOOL BOARDS

1.   I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.

2.   I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.

3.   I will not recommend an employee for a position in another school district unless I would employ the employee under similar circumstances.

4.   I will answer all inquiries about the standing and ability of an employee to the best of my knowledge and judgment, with complete frankness.

5.   I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.

 

Approved:    11/11/96                      Reviewed:            8/00                                                                        Revised:  1/2020

                                                                                    11/02

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Legal Reference:     Iowa Code 21.6(3)(d); 68B; 69; 277.28; 279.8 (1995).

Cross Reference:     202  Board of Directors Members

                                  203  Board of Directors' Conflict of Interest

 

 

205 Board Member Liability

 

BOARD MEMBER LIABILITY

Board members shall not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the District community.  In carrying out the duties and responsibilities of their office, Board members shall act in good faith.

The  District shall defend, save harmless and indemnify Board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless it constitutes a willful or wanton act or omission.  However, the  District shall not save harmless or indemnify Board members for punitive damages.

 

 

 

Legal Reference:     Wood v. Strickland, 420 U.S. 308 (1975).

                                    42 U.S.C. 1983, 1985 (1988).

                                    Iowa Code ch. 670 (1995).

 

Cross Reference:     709 Insurance Program

 

Approved:  11/11/96                        Reviewed:              8/00                                                          Revised:  1/2020

                                                                                    11/02

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206 Board Officers

BOARD OFFICERS

 

      

PRESIDENT

The president shall be elected at the organizational meeting each year.

The President of the Board of Directors presides at all of its meetings, signs all warrants, drafts, and orders drawn upon the treasurer as provided by the law.  He/she shall sign all contracts made by the Board, and shall appear on behalf of the school District in all actions brought by or against it, unless the President is one of the parties in such actions, in which case this duty shall be performed by the Board secretary. 

 

VICE PRESIDENT

The Vice President shall be elected at the organization meeting each year.

In the absence of the President, the Vice President shall serve and, in so doing, shall exercise all the powers and bear all the responsibilities of the President.

 

SENIOR MEMBER

In the absence of or relinquishing of the chair by the President and/or Vice President, the Senior Member, in years of service, shall be the chairman of the meeting and shall exercise all duties and responsibilities of the office.

 

 

 

Legal Reference:                 Iowa Code 291.1, 279.5, 279.1

 

 

Adopted:    8/00                                Reviewed:    11/02                                      Revised: 1/2020

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206.1 President

PRESIDENT

It is the responsibility of the Board president to lead a well-organized Board in an efficient and effective manner.  The Board president will set the tone of the Board meetings and, as the representative of the consensus of the Board, speak on behalf of the Board to the public.

The president of the Board shall be elected by a majority vote at the organizational meeting each year to serve a one-year term of office.  A member may be elected to successive one-year terms as president.

The president, in addition to presiding at the Board meetings, shall take an active role in Board decisions by discussing and voting on each motion before the Board in the same manner as other Board members.  However, before making or seconding a motion, the Board president shall turn over control of the meeting to either the vice president or senior Board member.

The Board president has the authority to call special meetings of the Board.  Prior to Board meetings, the Board president shall consult with the Superintendent on the development of the agenda for the meeting.

The Board president, as the chief officer of the District, signs employment contracts and may sign other contracts and school District warrants approved by the Board. The Board president will appear on behalf of the school corporation in causes of action involving the District, unless the Board president must appear individually as a party, in which case, this duty shall be performed by the Secretary.

 

 

Legal Reference:     Iowa Code 279.1-.2; 291.1 (1995).

 

Cross Reference:     200.1  Organization of the Board of Directors

                                    202.2  Oath of Office

                                    206.2  Vice President

 

Approved:    11/11/96                      Reviewed:             8/00                                Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

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206.2 Vice President

VICE PRESIDENT

If the Board president is unable or unwilling to carry out the duties required, it shall be the responsibility of the vice president of the Board to carry out the duties of the president.  If the president is unable or unwilling to complete the term of office, the vice president shall serve as president for the balance of the president's term of office, and a new vice president shall be elected.

The vice president of the Board shall be elected by a majority vote at the organizational meeting each year to serve a one-year term of office.

The vice president shall accept control of the meeting from the president when the president wishes to make or second a motion.  The vice president shall take an active role in Board decisions by discussing and voting on matters before the Board in the same manner as other Board members.

 

Legal Reference:     Iowa Code 279.5 (1995).

 

Cross Reference:     200.1  Organization of the Board of Directors

                                    202.2  Oath of Office

                                    206.1  President

 

Approved:    11/11/96                      Reviewed:       8/00                               Revised:  1/2020

                                                                                    11/02

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206.3 Secretary-Treasurer

SECRETARY-TREASURER

SECRETARY

The Secretary shall be appointed by the Board at its annual meeting in July, for a period of one year.

The Secretary shall be required to furnish a security bond in such sum as may be required by the Board; same to be paid for by the District.

He/she shall perform all the duties as prescribed by law, and any other duties prescribed by the Board.

He/she shall keep a complete record of the proceedings of Board meetings.

The Secretary shall work with the Business Manager/Treasurer in keeping accurate, separate accounts of all funds and furnish reports and other documents as required by the Board.

TREASURER

The Treasurer of the Board will:

Be appointed by the Board at its annual meeting in July, for a period of one year.

Receive all monies belonging to the School District.

Pay warrants signed by the President and countersigned by the Secretary of the School Board.

Keep an accurate record of all receipts and expenditures of school funds.

Register all orders drawn and reported to him/her by the Secretary showing the number, date, to whom drawn, fund upon which it is drawn, the purpose and amount.

Keep an accurate, separate account for all school funds.

Ensure completion of financial statements and reports whenever required by the Board, and keep books open for inspection at all times.

Deposit school funds in banks designated by the Board as the official depositories with any changes by the Board.

Keep a record to whom interest bearing school bonds are sold.

 

Legal Reference:                 Iowa Code 279.3, 279.30, 291.2, 291.6-291.15, 298.22

 

Approved:    11/11/96                      Reviewed:       8/00                                                Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

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207 Board of Directors' Legal Counsel

BOARD OF DIRECTORS' LEGAL COUNSEL

It shall be the responsibility of the Board to employ legal counsel to assist the Board and the administration in carrying out their duties with respect to the numerous legal issues confronting the  District.  The Board may appoint legal counsel at its annual meeting.

The Superintendent shall have the authority to contact the Board's legal counsel on behalf of the Board when the Superintendent believes it is necessary for the management of the school District.  The Board president may contact and seek advice from the school Board's legal counsel.  The Board's legal counsel shall attend both regular and special school Board meetings upon the request of the Board or the Superintendent.  Board members may contact legal counsel upon approval of a majority of the Board.  It shall be the responsibility of each Board member to pay the legal fees, if any, of an attorney the Board member consulted regarding matters of the school District unless the Board has authorized the Board member to consult an attorney on the matter.

It shall be the responsibility of the Superintendent to keep the Board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the District.

 

 

Legal Reference:     Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986). Iowa Code 279.37 (1995).

 

 

Cross Reference:     200  Legal Status of the Board of Directors

 

 

Approved:    11/11/96                        Reviewed:       8/00                                              Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

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208 Committees

208.1 AD HOC Committees

AD HOC COMMITTEES

Whenever the Board deems it necessary, the Board may appoint a committee of composed of citizens, staff or students to assist the Board.  Committees formed by the Board shall be ad hoc committees.

An ad hoc committee is formed by Board resolution which shall outline the duties and purpose of the committee.  The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the Board resolution.  The committee shall automatically dissolve upon the delivery of its final recommendation to the Board or upon completion of the duties outlined in the Board resolution.  The Board will receive the report of the committee for consideration.  The Board retains the authority to make a final decision on the issue.  The committee will be subject to the open meetings law if the committee is established by statute or if the committee makes policy recommendations and is established by or approved by the Board.

The method for selection of committee members shall be stated in the Board resolution.  When possible, and when the necessary expertise required allows, the committee members will be representative of the District community and shall consider the various viewpoints on the issue.  The Board may designate a Board member and the Superintendent to serve on an ad hoc committee.  The committee will select its own chairperson, unless the Board designates otherwise.

 

Legal Reference:     Iowa Code  21; 279.8; 280.12(2) (1995).

                                    281 I.A.C. 12.3(3), .3(8); .5(8).

 

 

Cross Reference:        103    Educational and Operational Planning

                                    211    Open Meetings

                                    212    Closed Sessions

                                    215    Board of Directors' Records

                                    605.1 Instructional Materials Selection

                                    900    Principles and Objectives for Community Relations

 

 

Approved:    11/11/96                      Reviewed:          8/00                         Revised:  1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    9/12

208.1E1 AD HOC Committees Exhibit208

AD HOC COMMITTEES EXHIBIT208

Ad Hoc Committee Purpose and Function

The specific purpose of each ad hoc committee varies.  Generally, the primary function of an ad hoc committee is to give specific advice and suggestions.  The advice and suggestions should focus on the purpose and duties stated in the Board resolution establishing the committee.  It is the Board's role to take action based on information received from the ad hoc committee and other sources.  Ad hoc committees may be subject to the open meetings law.

Role of an Ad Hoc Committee Member

The primary role of an ad hoc committee member is to be a productive, positive member of the committee.  In doing so, it is important to listen to and respect the opinions of others.  When the ad hoc committee makes a recommendation to the Board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee.  An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.

Ad Hoc Committee Membership

Ad hoc committee members may be appointed by the Board.  The Board may request input from individuals or organizations, or it may seek volunteers to serve.  Only the Board or Superintendent has the authority to appoint members to an ad hoc committee.  Boards must follow the legal limitations or requirements regarding the membership of an ad hoc committee.

209 Board Policy Development

209.1 Development of Policy

DEVELOPMENT OF POLICY

The Board has jurisdiction to legislate policy for the District with the force and effect of law.  Board policy provides the general direction as to what the Board wishes to accomplish while allowing the Superintendent to implement Board policy.

The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school District community.  The policy statements shall be the basis for the formulation of regulations by the administration.  The Board shall determine the effectiveness of the policy statements by evaluating periodic reports from the administration.

Policy statements may be proposed by a board member, administrator, employee, student or member of the school District community.  Proposed policy statements or ideas shall be submitted to the Superintendent's office for possible placement on the Board agenda.  It shall be the responsibility of the Superintendent to bring these proposals to the attention of the Board.

 

 

 

 

 

 

Legal Reference:     Iowa Code 274.1-.2; 279.8; 280.12 (1995).

                                    281 I.A.C. 12.3(2).

                                    1970 Op. Att'y Gen. 287.

 

Cross Reference:           101     Educational Philosophy of the School District

                                    200.2  Powers of the Board of Directors

                                    200.3  Responsibilities of the Board of Directors

                                    209     Board of Directors' Management Procedures

 

Approved     12/9/96                         Reviewed:           8/00                                  Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

209.2 Adoption of Policy

ADOPTION OF POLICY

The Board shall give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two regular Board meetings.  The proposed policy changes shall be distributed and public comment will be allowed at both meetings prior to final Board action.  This notice procedure shall be required except for emergency situations.  If the Board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy shall be included in the minutes.  The Board shall have complete discretion to determine what constitutes an emergency situation.

The final action taken to adopt the proposed policy shall be approved by a simple majority vote of the Board at the next regular meeting after the meeting allowing public discussion.  The policy will be effective on the later of the date of passage or the date stated in the motion.

In the case of an emergency, a new or changed policy may be adopted by a majority vote of a quorum of the Board.  The emergency policy shall expire at the close of the third regular meeting following the emergency action, unless the policy adoption procedure stated above is followed and the policy is reaffirmed.

 

 

 

 

 

 

 

 

 

Legal Reference:     Iowa Code 279.8 (1995).

                                    281 I.A.C. 12.3(2).

                                    1970 Op. Att'y Gen. 287.

 

Cross Reference:     200.2  Powers of the Board of Directors

                                    200.3  Responsibilities of the Board of Directors

                                    209     Board of Directors' Management Procedure

 

Approved     12/9/96                         Reviewed:            8/00                             Revised:  1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

209.3 Dissemination of Policy

DISSEMINATION OF POLICY

A Board policy manual shall be housed in the central administration office, 1814 7th Avenue South, Estherville, Iowa.  Each Board member shall have online access to all Board policies via the district’s website.   Persons wishing to review a hardcopy of the Board policy manual shall contact the Board secretary, who shall have a Board policy manual available at the Central Administrative Office for public inspection.

It shall be the responsibility of the Board secretary to ensure copies of new and revised policy statements are sent to the District’s webmaster and updated online no later than the first regular Board meeting following the policy’s adoption, review or revision.  Notation of changes in Bboard policy shall also be included in the meetings in which the final action was taken to adopt the new or changed policy.

 

 

 

 

Legal Reference:     Iowa Code 277.31; 279.8 (1995).

                                    281 I.A.C. 12.3(2).

 

 

Cross Reference:     200.3  Responsibilities of the Board of Directors

                                   209     Board of Directors' Management Procedure

 

 

Approved    12/9/96                          Reviewed:            8/00                             Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

209.4 Suspension of Policy

SUSPENSION OF POLICY

Generally, the Board shall follow Board policy and enforce it equitably.  The Board, and only the Board, may, in extreme emergencies of a very unique nature, suspend policy.  It shall be within the discretion of the Board to determine when an extreme emergency of a very unique nature exists.  Reasons for suspension of Board policy shall be documented in Board minutes.

 

 

 

 

 

 

Legal Reference:     Iowa Code 279.8 (1995).

                                    281 I.A.C. 12.3(2).

 

 

Cross Reference:     200.3  Responsibilities of the Board of Directors

                               209     Board of Directors' Management Procedure

 

 

Approved     12/9/96                         Reviewed:           8/00                       Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

 

209.5 Administration in the Absence of Policy

ADMINISTRATION IN THE ABSENCE OF POLICY

When there is no Board policy in existence to provide guidance on a matter, the Superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy and financial condition of the District.

It shall be the responsibility of the Superintendent to inform the Board of the situation and the action taken and to document the action taken.  If needed, the Superintendent shall draft a proposed policy for the Board to consider.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:     Iowa Code 279.8 (1995).

                                    281 I.A.C. 12.3(2).

 

 

Cross Reference:        200.3  Responsibilities of the Board of Directors

                                    209     Board of Directors' Management Procedure

                                    302.4  Superintendent Duties

                                    304     Policy Implementation

 

 

Approved     12/9/96                         Reviewed:            8/00                                Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

 

209.6 Review and Revision of Policy

REVIEW AND REVISION OF POLICY

The Board shall, at least once every five years, review board policy.  Once the policy has been reviewed, even if no changes were made, a notation of the date of review shall be made on the face of the policy statement.

The Board will review approximately one-fifth of the policy manual annually according to the following subject areas:

  • Board of Directors (Series 200)
  • Administration, Employees (Series 300 and 400)
  • School District, Education Program (Series 100 and 600)
  • Students (Series 500)
  • Non-instructional Operations & Business Services, Buildings & Sites, School District-Community Relations (Series 700, 800, and 900)

It is the responsibility of the Superintendent to keep the Board informed as to legal changes at both the federal and state levels.  The Superintendent shall also be responsible for bringing proposed policy statement revisions to the Board's attention.

If a policy is revised because of a legal change over which the Board has no control, the policy may be approved at one meeting at the discretion of the Board.

 

 

 

 

Legal Reference:     Iowa Code 279.8 (1995).

                                    281 I.A.C. 12.3(2).

 

Cross Reference:     200.3  Responsibilities of the Board of Directors

                                    209     Board of Directors' Management Procedures

 

Approved     12/9/96                         Revised:              8/00                            

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

                                                                                    1/2020

209.7 Review of Administrative Regulations

REVIEW OF ADMINISTRATIVE REGULATIONS

Board policy sets the direction for the administration of the education program and school District operations.  Some policies require administrative regulations for implementation.

It shall be the responsibility of the Superintendent to develop administrative regulations to implement the Board policies.  The regulations, including handbooks, will be approved by the board prior to their use in the school district.

 

Legal Reference:     Iowa Code 279.8, .20 (1995).

 

 

Cross Reference:     200.3  Responsibilities of the Board of Directors

                                  209     Board of Directors' Management Procedures

 

 

Approved    12/9/96                          Reviewed:           8/00                             Revised:  1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    11/12

 

210 Board Meetings

210.1 Board Meetings

 

BOARD MEETINGS

All meetings of the Board shall be public meetings and shall be open to the public at all times with the exception of closed session as described under Iowa law.

Advance public notice of the time, date, and place of each meeting and reconvened meeting, and the tentative agenda shall be provided.  When it is necessary to hold an emergency meeting without notice, the nature of the emergency shall be stated in the minutes.

Regular Meetings:

The regular meeting time and date shall be set by the Board at is organizational meeting in odd-number years and at its September regular meeting in even-numbered years.  Regular meetings of the Board will be held on the third Monday of each month.

Meetings will be held in the meeting place officially designated by the Board, which will be accessible to the public.  Meetings shall begin promptly at 5:15 p.m.  The Board shall adhere to this meeting date unless the Board requires additional meetings or, due to circumstances beyond the board’s control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled at the Board’s convenience.  Public notice of the meetings shall be given.

During the September regular meeting in even-numbered years, the Board shall elect from its membership a President and a Vice-President and shall appoint a Secretary and Treasurer.

Annual Meetings:

At the regular September meeting the Board shall examine the books of the Treasurer for the year ending on 30th of June preceding, and transact such other business as may be properly come before it.  The Treasurer shall furnish the Board with a sworn statement from each depository showing the balance. 

Organizational Meetings:

An organizational meeting shall be held during the first regular meeting after the canvass of votes of the regular school election(odd years).  The meeting shall be called to order by the Secretary acting as temporary chairperson. 

The first order of business during the organizational meeting shall be to swear into office any new members unless they have been so sworn in previously.  During the organizational meeting, the Board shall then elect its membership a President and a Vice-President and shall appoint a Secretary and Treasurer.

Special Meetings:

It may be necessary for the Board to conduct a special meeting in addition to the regularly scheduled board meeting.  Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the Board.  Should a special meeting be called, public notice shall be given at least twenty-four(24) hours notice, if possible.

If the special meeting called is an emergency meeting and the Board cannot give public notice in its usual manner, the Board shall give public notice of the meeting as soon as practical and possible in light of the situation.  The reason for the emergency meeting and why shall be stated in the minutes.

Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting.  The Board shall strictly adhere to the agenda for the special meeting and action on other issues shall be reserved for the next regular or special board meeting.

Reconvened Meetings:

At a reconvened meeting, where the meeting was reconvened within four(4) hours of the start of the recess of the scheduled meeting and the date, time and place of the reconvened meeting is announced at the scheduled meeting in open session and recorded in the minutes of the meeting, the Board is not required to provide further notice of the meeting.

Closed Session:

The Board may hold a closed session only affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting.  The Board may hold a closed session for any of the reasons listed Chapter 21.5 of the Iowa Code.  No formal action of any kind may be taken in a closed session. (Policy 212)

Electronic Meetings:

The Board may conduct a meeting by electronic means such as telephone conference call only “in circumstances where such a meeting in person is impossible or impractical.”  Public access to the conversation must be provided “to the extent reasonably possible.”  Public notice must be given for the electronic meeting and minutes kept, which include the reason for not holding a meeting in person.

Work Sessions and Retreats:

The Board may schedule work sessions and retreats from time to time in order to provide its members and administrative staff with such opportunities to learn together.  Topics for discussion and study will be announced publicly and work sessions and retreats will be conducted in accordance with the state law.

 

 

Legal Reference:     Iowa Code 21.3, .4; 279.1 (1995).

                                    1980 Op. Att'y Gen. 148.

                                   

 

Cross Reference:     200.1  Organization of the Board of Directors

                                    210     Board of Directors' Meetings

 

 

 

 

Approved: 1/20/2020                      

210.5 Meeting Notice

MEETING NOTICE

Public notice shall be given for meetings and work sessions held by the Board.

Public notice shall indicate the time, place, date and tentative agenda of board meetings.  The public notice shall be posted on the bulletin board in the central administration office at least 3 days before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given.

A copy of the public notice will be provided to those who have filed a written request for notice with the Board secretary.   A copy of the public notice will also be accessible by employees and students.

In the case of special meetings, public notice shall be given in the same manner as for a regular meeting unless it is an emergency meeting.  In that case, public notice of the meeting shall be given as soon as practical and possible in light of the situation.  The media and others who have requested notice shall be notified of the emergency meeting.  Attendance at a special meeting or emergency meeting by the media or board members shall constitute a waiver of notice.

It shall be the responsibility of the Board secretary to give public notice of board meetings and work sessions.

 

 

 

 

 

Legal Reference:     Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).

                                    Iowa Code 21.2-.4; 279.1, .2 (1995).

                                    1952 Op. Att'y Gen. 133.

 

 

Cross Reference:     210     Board of Directors' Meetings

                                    210.8  Board of Directors' Meeting Agenda

 

 

Approved:     12/9/96               Reviewed:           9/00                Revised: 01/2020

                                                                                   11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

210.6 Quorum

QUORUM

The majority of the members of the Board shall be necessary to constitute a quorum for the transaction of business.  A majority vote of those members present shall be necessary and sufficient to pass any motion or to take any action of the Board, unless state law or Board policies require the vote of greater number of Board members on a particular issue.

 

 

 

 

 

Legal Reference:     Iowa Code 21.5(1); 279.4 (1995).

 

Cross Reference:     210  Board of Directors' Meetings

 

Approved:     12/9/96                  Reviewed:               9/00                Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

210.7 Rules of Order

RULES OF ORDER

An orderly Board meeting allows the Board members to participate in the discussion and decision process on an issue confronting the District.  Rules of order for Board meetings allow District business and the relative information concerning the business to be brought to the attention of the Board.  They also allow the Board to discuss, act upon and make a clear record of District business in a regular, ordered, reasonable and consistent manner.

It shall be the responsibility of each Board member to follow the rules of order stated in this policy at each meeting, and it shall be the responsibility of the presiding officer to conduct the Board meeting within these rules.

The Board shall follow Robert's Rule of Order, Revised, latest edition as modified by this policy and subsequent rule.

The purpose of modified rules adopted by the Board are:

•           To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;

•           To organize the meetings so all necessary matters can be brought to the board and

decisions of the board can be made in an orderly and reasonable manner;

•           To insure members of the board, concentrating on the substantive issues at hand, have

            the necessary information to make decisions, and to insure adequate discussion of

            decisions to be made; and,

•           To insure meetings and actions of the board are conducted so as to be informative to the

            staff and the public, and to produce a clear record of actions taken and decisions made.

Modification of Rules:

  1. Board members need not rise to gain the recognition of the Board President
  2. All motions will be made as a positive action.
  3. A motion will be adopted or carried if it receives an affirmative vote from more than half, unless Iowa law specifically states something different (i.e. closed session requires all affirmative votes), of the votes cast.  Only “yes” and “no” votes are counted in the calculation. 
  4. All motions shall receive a second, prior to opening the issue for discussion of the Board.  If a motion does not receive a second, the Board president may declare the motion dead for lack of a second.
  5. The Board president my decide the order in which Board members will be recognized to address an issue.  An attempt should be made to alternate between pro and con positions.
  6. The Board president shall rule on all motions that come before the Board.
  1. The Board president may rule on points of order brought before the Board. The Board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.
  2. The Board president has the same authority and responsibility as each Board member to vote on all issues.

 

Legal Reference:     Iowa Code 21.2, .7; 279.8 (1995).

 

 

Cross Reference:     210     Board of Directors' Meetings

                                    210.8  Board Meeting Agenda

 

 

Approved :    12/9/96                     Reviewed:     9/00                            Revised: 1/2020

                                                                                   11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

210.8 Board Meeting Agenda

BOARD MEETING AGENDA

The tentative agenda for each Board meeting shall state the topics for discussion and action at the Board meeting.  The agenda is part of the public notice of the Board meeting and will be made available at least 24 hours prior to the Board meeting.

 

Persons requesting to place an item on the agenda must make a request to the Superintendent one week(7days)  prior to the monthly meeting date.   The person making the request must state the person's name, address, purpose of the presentation, action desired and pertinent background information.  Requests from the public may be added to the tentative agenda at the discretion of the Superintendent after consultation with the Board president.  Requests received after the deadline may only be added to the agenda for good cause.

 

The tentative agenda and supporting documents shall be sent to the Board members 3 calendar days prior to the scheduled Board meeting.  These documents are the private property of the Board member and sent through the District assigned email and accessed through the District’s secure site. Persons wishing to view the tentative agenda and supporting documents may do so at the Central Administration Office.

 

The Board shall take action only on the items listed on the tentative agenda posted with the public notice.  Items added to the agenda may be discussed or taken under advisement by the Board.  If an added item is acted upon, the minutes of the Board meeting shall state the reason justifying the immediate action.

 

It shall be the responsibility of the Board president and Superintendent to develop the agenda for each board meeting.

 

Legal Reference:     Iowa Code 21; 279.8 (1995).

                                    1980 Op. Att'y Gen. 269.

Cross Reference:     210     Board of Directors' Meetings

 

                                    211     Open Meetings

                                    213     Public Participation in Board Meetings

                                    215     Board of Directors' Records

                                    402.5  Public Complaints About Employees

                                    502.4  Student Complaints and Grievances

 

 

 

Approved:     12/9/96                 Revised:  9/00                                        Reviewed:     9/08

                                                                        11/02

                                                                        9/05

                                                                        8/10

                                                                        12/12

                                                                         1/2020

211 Open Meetings

OPEN MEETINGS

A gathering of a majority of Board members in which deliberation of an issue within the jurisdiction of the Board takes place is a Board meeting.  A gathering for the purpose of social or ministerial action shall not constitute a Board meeting unless a discussion of District policy takes place.  Meetings of the Board shall be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.

Legal Reference:     Iowa Code  21, 279.1-.2 (1995).

                                    1982 Op. Att'y Gen. 162.

                                    1980 Op. Att'y Gen. 167.

 

 

Cross Reference:     208     Ad Hoc Committees

                                    210     Board of Directors' Meetings

                                    210.8  Board Meeting Agenda

                                    212     Closed Sessions

 

 

Approved:    12/9/96                   Reviewed:           9/00                                    Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

212 Closed Sessions

CLOSED SESSIONS

Generally, board meetings shall be open meetings, unless a closed session or exempt meeting is provided for by law.  The Board shall hold a closed session or exempt meeting in the situations stated below.

Exceptions to the Open Meetings Law

Closed sessions take place as part of an open meeting.  The item for discussion in the closed session shall be listed as part of the tentative agenda on the public notice.  The motion for a closed session, stating the purpose for the closed session, shall be made and seconded during the open meeting.  A minimum of two-thirds of the Board, or all of the board members present, must vote in favor of the motion on a roll call vote.  Closed sessions shall be tape recorded and have detailed minutes kept by the board secretary.  Final action on matters discussed in the closed session shall be taken in an open meeting.

The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended.  The tape recordings and the written minutes shall be kept for one year from the date of the meeting.  Real estate related minutes and tapes will be made public after the real estate transaction is completed.

The detailed minutes and tape recording shall be sealed and shall not be public records open to public inspection.  The minutes and tape recording shall only be opened upon court order in an action to enforce the requirements of the open meetings law.  The Board has complete discretion as to whom may be present at a closed session.

Reasons for the Board entering into a closed session from an open meeting include, but are not limited to, the following:

1.  To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board's possession or receipt of federal funds.

2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the Board.

 3.  To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.

 4.  To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.

 5.  To discuss the purchase of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property.

Exemptions to the Open Meetings Law

Board meetings at which a quorum is not present, or gatherings of the Board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements.  Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion.  The Board may also hold an exempt session for the following:

1.  negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;

2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

3.  to conduct a private hearing relating to the recommended termination of a teacher's contract.  However, the private hearing in the teacher's contract termination shall be recorded verbatim by a court reporter; and

4.  to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the  termination of an administrator's contract.

 

 

Approved:     12/9/96              Reviewed: 9/00                              Revised:

                                                                        11/02

                                                                         9/08

                                                                        12/12

                                                                         1/2020

Legal Reference: Iowa Code ˜˜ 20.17; 21; 22.7; 279.15, .16, .24 (1995).

   1982 Op. Att'y Gen. 162.

   1980 Op. Att'y Gen. 167.

   1976 Op. Att'y Gen. 384, 514, 765.

   1972 Op. Att'y Gen. 158.

   1970 Op. Att'y Gen. 287.

 

 

Cross Reference:     208  Ad Hoc Committees

            

213 Public Participation in Board Meetings

PUBLIC PARTICIPATION IN BOARD MEETINGS

The Board recognizes the importance of citizen participation in school District matters.  In order to assure citizens are heard and Board meetings are conducted efficiently and in an organized manner, the Board may set time aside for citizen participation, either at a specific time during the meeting or during the discussion of agenda items.

Citizens wishing to address the Board may do so at this time.  However, the Board will only receive the petitions and not act upon them or their contents.  The Board has the discretion to limit the amount of time set aside for public participation.

If the pressure of business or other circumstances dictate, the board president may decide to eliminate this practice.  The Board president will recognize these individuals to make their comments at the appropriate time.  The orderly process of the Board meeting shall not be interfered with or disrupted.  Only those speakers recognized by the Board president shall be allowed to speak.  Comments by others are out of order.  If disruptive, the individual making the comments or another individual causing disruption may be asked to leave the board meeting.

Individuals who have a complaint about employees may bring their complaint to the Board only after they have followed board policy addressing citizens' complaints.  Students who have a complaint may only bring their complaint to the Board after they have followed board policy addressing students' complaints.

 

 

 

Legal Reference:     Iowa Code 21; 22; 279.8 (1995).

 

 

Cross Reference:     205     Board Member Liability

                                    210.8  Board Meeting Agenda

                                    214     Public Hearings

                                    402.5  Public Complaints About Employees

 

 

Approved:      12/9/96                 Reviewed:                9/00                            Revised:  1/2020

                                                                                11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

213.1R1 General Complaints by Citizens

GENERAL COMPLAINTS BY CITIZENS

The Board recognizes that concerns regarding the operation of the  District will arise.  The Board further believes that constructive criticism can assist in improving the quality of the education program and in meeting individual student needs more effectively.  The Board also places trust in its employees and desires to support their actions in a manner which frees them from unnecessary or unwarranted criticism and complaints.

Procedures for dealing with complaints concerning programs or practices should be governed by the following principles:

•           where action/investigation is desired by the complainant, or where it seems appropriate, the matter should be handled as near the source as possible;

•           complaints should both be investigated and, if possible, resolved expeditiously;

•           complaints should be dealt with courteously and in a constructive manner; and,

•           individuals directly affected by the complaint should have an opportunity to respond.

Specific procedures for handling complaints may be established in policies.  The Board, consistent with its Board policy-making role, will deal with complaints concerning specific schools, programs or procedures only after the usual channels have been exhausted.  Complaints regarding employees or complaints by students will follow the more specific policies on those issues.

When a complaint requiring attention is received by the Board or a Board member it will be referred to the Superintendent.  After all of the channels have been exhausted, the complainant may appeal to the Board by requesting a place on the Board agenda or during the public audience portion of the Board meeting.  If the complainant appeals to the Board, the appeal shall be in writing, signed and explain the process followed by the complainant prior to the appeal to the Board. It is within the Board’s discretion to determine whether to hear the complaint.

 

Approved:     12/9/96                   Reviewed:                    9/00                            Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

 

214 Public Hearings

PUBLIC HEARINGS

Public hearings may be held on District matters at the discretion of the Board.  Public notice of a public hearing shall be in the same manner as for a Board meeting except that the notice shall be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so.

At public hearings, citizens of the District will be allowed to speak on the issue for which the public hearing is being held.  Speakers are asked to keep their remarks as brief as possible.  Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals.  In no event will a speaker be allowed to take the time of another speaker.

The Board shall conduct public hearings in an orderly fashion.  At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the Board president.  The Board president will recognize the speakers.  A Board member may ask questions of the speakers after receiving permission from the Board president.  Only those speakers recognized by the Board president will be allowed to speak.  Comments by others are out of order.  Individuals who interfere with or interrupt speakers, the Board or the proceedings shall be asked to leave.

 

 

 

 

 

 

 

Legal Reference:     Iowa Code  24.9; 279.8; 297.22 (1995).

 

 

Cross Reference:     210     Board of Directors' Meetings

                                    213     Public Participation in Board Meetings

                                    703.1  Budget Planning

 

 

Approved:     12/9/96               Reviewed:           9/00                            Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

 

215 Board of Directors' Records

BOARD OF DIRECTORS' RECORDS

The Board shall keep and maintain permanent records of the Board including, but not limited to, records of the minutes of Board meetings and other required records of the Board.

It shall be the responsibility of the Board secretary to keep the minutes of the board meetings.  The minutes of each Board meeting shall include as a minimum the following items:  a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed shall be attached.  This information shall be available within two weeks of the Board meeting and forwarded to the newspaper designated as the official newspaper for publication.  The information does not need to be published within two weeks.  The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes.  The permanent records of the Board minutes may include more detail than is required for the publication of the minutes.

 

Minutes waiting approval at the next Board meeting will be available for inspection at the central administration office.

 

 

Legal Reference:     Iowa Code 21; 22; 279.8, .35, .36; 291.6, .7; 618.3 (1995).

                                    281 I.A.C. 12.3(1).

                                    1982 Op. Att'y Gen. 215.

                                    1974 Op. Att'y Gen. 403.

                                    1952 Op. Att'y Gen. 133.

 

 

Cross Reference:         206.3  Secretary

                                    206.4  Treasurer

                                    208     Ad Hoc Committees

                                    210.8  Board Meeting Agenda

                                    708     Care, Maintenance and Disposal of School District

                                                Records

                                    901     Public Examination of School District Records

 

 

Approved:     12/9/96                       Reviewed:           9/00                     Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    12/12

215.1E1 Board Meeting Minutes

BOARD MEETING MINUTES

A complete and accurate set of minutes of each regular and special board meeting shall be kept to comply with all legal requirements. Minutes of all of the regular meetings of the Board of Directors shall be kept showing the time, date, and place, the members present, and the action taken at each meeting. Minutes leading to a closed session shall include the vote of each member on the question of holding the closed session and the reason for the closed session, but the statement of such reason need not state in the minutes the name of any individual or the details of the matter discussed in the closed session.

A copy of the minutes shall be sent to each member of the Board of Directors before the next regularly scheduled meeting. The Secretary of the Board shall furnish a copy of the proceedings as indicated by the minutes within a reasonable amount of time following the adjournment of the meeting to the school District’s official newspaper for publication.

Minutes shall be kept in an official record book specified for that purpose and shall be kept on file as the official record of legislation of the District and shall be open to public inspection. Examination of the official record book by any citizen or group of citizens must be made at the location where the District maintains the records, and under the jurisdiction of the Secretary of the Board.

 A complete and accurate set of minutes will be made of each meeting and/or session of the Board as required by law. A complete and accurate set of minutes and complete audio recordings will be made of each closed session of the Board as required by law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Reviewed:  12/12                Revised:  1/20

216 Board of Directors' Member Serivces

216.1 Association Membership

ASSOCIATION MEMBERSHIP

Participation in Board member associations are beneficial to the Board. The Board shall maintain an active membership in the Iowa Association of School Boards and in organizations the Board determines will be of benefit to the Board and the District.

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:     Iowa Code 279.38 (1995).

 

Cross Reference:     216.2  Board of Directors' Member Development and Training

 

 

Approved:     12/9/96                           Reviewed:           9/00                           Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    2/13

 

216.2 Board of Directors' Member Development and Training

BOARD OF DIRECTORS' MEMBER DEVELOPMENT AND TRAINING

The Board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.

The Board shall work closely with the Iowa Association of School Boards' Academy of Board Learning Experiences and encourage the Board members to participate in conferences to achieve the Better Boardsmanship Award.

Members of the Board are authorized and encouraged to attend at least one National School Board Association conference during four-year term of office.  Newly elected members should attend as soon as possible.  Upon returning from the conference, each participant is required to submit a written or oral report to the rest of the Board.

All Board members are encouraged to attend the Iowa Association of School Boards Conference in Des Moines each year.

All reasonable and relevant costs will be paid by the District upon submission of proper verification of the costs.

Legal Reference:     Iowa Code 279.8, .38 (1995).

 

Cross Reference:     216.1  Association Membership

 

Approved:     12/96                             Reviewed:        9/00                               Revised:    7/98        

                                                                                 11/02                                                   1/2020

                                                                                 9/08

                                                                                 8/10

                                                                                2/13        

216.3 Board of Directors' Member Compensation and Expenses

BOARD OF DIRECTORS' MEMBER COMPENSATION AND EXPENSES

As an elected public official, the Board member is a public servant who serves without compensation.  Board members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

Prior to reimbursement of actual and necessary expenses, the Board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item.  A credit card receipt is generally not considered a detailed receipt.  Failure to provide a detailed receipt shall make the expense nonreimbursable.  In exceptional circumstances, the Board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the  District's record of the claim.

It shall be the responsibility of the Board secretary to compile the expenses of board members and bring them to the Board for audit and approval in the same manner as other claims of the District.  It shall be the responsibility of the Board to determine through the audit and approval process of the board whether the expenses incurred by a Board member are actual and necessary expenses incurred in the performance of their official duties.

If a District vehicle is not available, the board member will be reimbursed .39 cents per mile.  Pre-approved expenses for meals are limited to $35.00 for full day commitments.  Meals may be pre-approved for a larger amount at the discretion of the Board.

 

 

 

 

 

 

Legal Reference:     Iowa Code  68B; 277.27; 279.7A, .8, .32 (1995).

 

 

Cross Reference:     203      Board of Directors' Conflict of Interest

                                    401.7   Employee Travel Compensation

                                    401.10  Credit Cards

 

 

Approved:     12/9/96               Reviewed:  9/00                                     Revised: 1/2020

                                                                           11/02

                                                                           9/08

                                                                           8/10

                                                                           2/13

216.5 New Board Member Orientation

NEW BOARD MEMBER ORIENTATION

Board members and Superintendents will assist each newly elected or appointed Board member to understand the Board’s function, policies and procedures.

A new Board member will be provided access to all appropriate publications and documents, including the Board’s Policy Manual, selected sections of the School Laws of Iowa, and other selected publications from regional and state sources.

New members will be encouraged to attend meetings or workshops conducted by outside organizations designed specifically for the orientation of new members.  Expenses will be reimbursed by the Board in accordance with established policy.

 

 

 

 

Legal. Reference:    Iowa Code Section 279.32

Approved:    9/00                                  Reviewed:    11/02                            Revised: 1/2020

                                                                                    9/08

                                                                                    8/10

                                                                                    2/13

217 Gifts to Board of Directors

GIFTS TO BOARD OF DIRECTORS

Board members may receive a gift on behalf of the school District.  Board members shall not, either directly or indirectly, solicit, accept or receive a gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

•           Is seeking to be or is a party to any one or any combination of sales, purchases,

            leases or contracts to, from or with the school District;

 •           Will be directly and substantially affected financially by the performance or   nonperformance of the Board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

            •           Is a lobbyist or a client of a lobbyist with respect to matters within the school District's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

            •           Contributions to a candidate or a candidate's committee;

            •           Information material relevant to a Board member's official function, such as

                        books, pamphlets, reports, documents, periodicals or other information that is

                        recorded in a written, audio or visual format;

            •           Anything received from a person related within the fourth degree by kinship or  marriage, unless the donor is acting as an agent or                                    intermediary for another  person not so related;

            •           An inheritance;

            •           Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;

            •           Items received from a charitable, professional, educational or business organization to which the Board member belongs as a dues                                  paying member if the items are given to all members of the organization without regard to an individual member's status or positions held                          outside of the organization and if the dues paid are not inconsequential when compared to the items received;

                 •       Actual expenses of a Board member for food, beverages, travel and lodging for a   meeting, which is given in return for participation in                              a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has                              participation or presentation responsibilities;

             •           Plaques or items of negligible resale value given as recognition for public service;

            •           Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

            •           Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school District is a member                          for purposes of a business or educational conference, seminar or other meeting or solicited by or given to state, national or regional                                  government organizations whose memberships and officers are primarily composed of state or local government officials or employees                              for purposes of a business or educational conference, seminar or other meeting;

            •           Items or services received by members or representatives of members as part ofa regularly scheduled event that is part of a business or                          educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government                                          organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by                                         members  or representatives of members of state, national or regional government organizations whose memberships and officers are                             primarily composed of state or local government officials or employees;

            •           Funeral flowers or memorials to a church or nonprofit organization;

            •           Gifts which are given to a public official for the public official's wedding or twenty- fifth or fiftieth wedding anniversary;

            •           Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of                                       attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission,                           committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of                                expenses from the school District;

            •           Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a                             country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is                             of personal value only to the board member; or

           •           Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the                           person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or                                 sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings                         or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

 

An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

 

                  •           Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for                                         participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the                                          Board member has participation or presentation responsibilities;

                  •           A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable                                                  organization or the department of general services; or

                  •            A payment made to a Board member for services rendered as part of a private business, trade or profession in which the Board                                         member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the                                             person's status as a board member but, rather, because of some special expertise or other qualification.

 

It shall be the responsibility of each Board member to know when it is appropriate to accept or reject gifts or honorariums.

 

Approved:    12/9/96                  Reviewed:           9/00                                        Revised: 1/2020

                                                                                    11/02

                                                                                    9/08

                                                                                    8/10

                                                                                    2/13

 

 

Legal Reference:     Iowa Code ch. 68B (1995).

                                    1972 Op. Att'y Gen. 276.

                                    1970 Op. Att'y Gen. 319.

 

 

Cross Reference:     203     Board of Directors' Conflict of Interest

                                    402.4  Gifts to Employees

                                    704.4  Gifts - Grants - Bequests