200 BOARD OF DIRECTORS

200 LEGAL STATUS OF THE BOARD OF DIRECTORS

200.1 ORGANIZATION OF BOARD OF DIRECTORS

The Tipton Community School District board is authorized by and derives its organization from Iowa law.  The board consists of five (5) board members.  Board members are elected at-large 

The board is organized for the purpose of setting policy and providing general direction for the school district.  The board will hold its organizational meeting at or before the first regular meeting following the canvass of votes.  The retiring board will transfer materials,  including the board policy manual 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 will adjourn and the new board will then begin.  The Board Secretary will administer the oath of office to the newly-elected board members.  The secretary will preside while the new board elects the president and vice-president of the new board.    Each member is elected for a term of four years, or for the length of time it takes to complete the unexpired term of a regularly elected member who has left the board. 

Legal Reference:    

     Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8, .33.

     281 I.A.C. 12.3(2).

 

Cross Reference:    

     202       Board of Directors Members

     206.1    President

     206.2    Vice-President

     210.2    Regular Meeting

     210.3    Special Meeting

Approved:  12/12/2016        Reviewed: 10/9/2023             Revised:   10/9/2023              

 

 

200.1R1 ORGANIZATIONAL MEETING PROCEDURES

The board will hold its organizational meeting in odd-numbered years at or before the first regular meeting following the canvass of votes.  Notice of the meeting's place and time will be given by the board secretary to each member, member-elect and the public.

The purpose of the meeting is to transfer material and responsibility from the outgoing board to the new board.  At the meeting, the board will elect a president and a vice president who will hold office for one year.  Once elected, the president and vice president will be entitled to vote on all matters before the board.

Meeting Procedure

The organizational meeting of the board will be held in two parts:  the final meeting of the outgoing board and the organizational meeting of the new board.

1.    Final Meeting of the Retiring Board

    (1)    Call to order.

    (2)    Roll call.

    (3)    Approval of minutes of previous meeting(s).

    (4)    Visitors.

    (5)    Unfinished business.

        (a)  Current claims and accounts (for the retiring board to authorize).

    (6)    Examine and settle the books for the previous year.

    (7)    Review of election results.  The board secretary will present the county auditor's official report on the latest elections.  Official results are recorded in the minutes.

    (8)    Adjournment of the retiring board.

2.    Organizational Meeting of the New Board

    (1)    The board secretary, as president pro-tem, will preside over the meeting until a new board president is elected.

    (2)    Call to order.

    (3)    Roll call.

    (4)    Oath of office.  The board secretary will administer the oath to new members.

    (5)    Election of a president of the board.  The president pro-tem calls for nominations; nominations need not be seconded.  The board will then vote on the nominations.  The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president and the newly elected president will assume the chair.

    (6)    Election of the vice-president.  The president of the board will call for nominations; the nominations need not be seconded.  The board will then vote on the nominations.  The president will announce the results and administer the oath of office to the vice-president.

Other items of business at the organizational meeting may include:

    (7)    Board resolution of appreciation recognizing the public service rendered by retiring board members.

    (8)    Determination of dates, times, and places for regular meetings of the board.

    (9)    Board resolution to define the operating rules and practices that will be followed by the new board.

    (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.

    (11)    Visitors.

    (12)    Superintendent's report.

    (13)    Adjournment.

    

NOTE: Board members elected at a regular school election must take the oath of office at or before the organization meeting. Failure to do so results in a vacancy. 

NOTE: The board president and vice president are each elected to a one year term at the organizational meeting in odd-numbered years and at the annual meeting in even-numbered years. 

 

 

 

Cross Reference:    

   202.2     Oath of Office

    206.1    President

    206.2    Vice-President

    210.2     Regular Meeting

    210.3     Special Meeting

Approved: 10/14/1996                                                     Reviewed:  10/9/2023                                       Revised: 10/09/2023

200.2 POWERS OF THE BOARD OF DIRECTORS

The board, acting on behalf of the school district, will 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 ßß 28E; 274.1-.2;  279.8

     281 I.A.C. 12.1(2).

 Cross Reference:

     209.1  Development of Policy

     209.2  Adoption of Policy

     302.1  Superintendent Qualifications, Recruitment, Appointment

     405.5  Licensed Employee Work Day

     405.6  Licensed Emplyee Assignment

     411.5  Classified Employee Assignment

 Approved: 10/14/1996                                         Reviewed:         10/9/2023                                Revised:  10/9/2023

 

200.3 RESPONSIBILITIES OF THE BOARD OF DIRECTORS

The board is authorized to govern the school district, which it oversees.   The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency.  As the governing board of the school district, the board has three duties to perform: legislative duty, executive duty and evaluative duty.

As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district.   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 school district.

It is the responsibility of the board, under the board’s executive duty, to select its chief executive officer, the superintendent, to operate the school 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.

The board has a responsibility to review the education program’s performance under its evaluative duty. The board regularly reviews the education program and ancillary services.   The review includes a careful study and examination 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.

The board fulfills its quasi-judicial duties in serving as a neutral arbiter for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals.  This important power was granted by the Iowa legislature and cannot be delegated.  To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.  

Legal Reference:           

     Iowa Code §§ 274.1; 279; 280.12.

     281 I.A.C. 12.3(2).

 

Cross Reference:           

     101       Educational  Philosophy  of the School District

     103       Long-Range Needs Assessment

     103.R1  Long-Range Needs Assessment - Regulation

     200.4     Board Member Social Media Engagement

     209.1     Development of Policy

     209.2     Adoption of Policy

    209.3      Dissemination of Policy

    209.4      Suspension of Policy

    209.5      Administration in the Absence of Policy

    209.6      Review and Revision of Policy

    209.7      Review of Administrative Regulations

    302.1      Superintendent Qualifications, Recruitment, Appointment

     600        Goals and Objectives  of the Educational  Program

 

 

Approved:  10/14/1996            Reviewed:  10/9/2023               Revised:  10/9/2023

 

200.4 BOARD MEMBER SOCIAL MEDIA ENGAGEMENT

The board sees the value in promoting the excellent work and accomplishments of the district’s students and staff. Social media is one of many effective communication tools that the district may utilize. Board members have been publicly elected to govern the district and accept a fiduciary responsibility. That responsibility means board members agree to always act in the best interests of the district. For this reason, the board shall expect that individual communications and social media posts made by board members will reflect the values and decorum expected of elected officials in the school community.

All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions.  As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation.  Additionally, board members should be aware that protected speech can still subject individuals to legal liability.  If using social media to discuss district related matters, board members should be aware that they may be prohibited from blocking individual communications and posters based upon the content of their posts. 

The board as a whole and individual board members in their governance role have legal obligations to safeguard the privacy of information related to student and employee matters. Board members will refrain from posting or communicating on social media in a way that violates the district’s obligation to protect the privacy of its students and employees.

Board members are uniquely positioned in the school community to be both accessible and responsive to community concerns about the effective governance of the district.  As a result, the board will remember their obligations to safeguard student and employee privacy when responding to any social media posts or communications, even if the response is intended to correct information for the rest of the school community.  Board members will direct concerned individuals to the appropriate district staff to address their inquiry or complaint in accordance with board policy.  

 

Legal Reference:    U.S. Const. Amend. 1

            Iowa Const. Art. 1, sec. 7

            20 U.S.C. 1417.(c)

            34 C.F.R. 99.3

            Iowa Code §§ 21; 22

 

Cross Reference:

    200.3    Responsibilities of the Board of Directors

    902.1    News Media Relations

 

Approved:  10/9/2023    Reviewed:  __________        Revised:  ________

 

201 BOARD OF DIRECTORS' ELECTIONS

The school election takes place on the first Tuesday after the first Monday in November of odd-numbered years.  Each school election is used to elect citizens to the board to maintain a 5 member board and to address questions that are 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 in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy. 

It is the responsibility of the county commissioner of elections to conduct school elections.

 

Legal Reference:          

     Iowa Code §§ 39; 45; 63; 69; 274.7; 277; 278.1; 279.7.

 

Cross Reference:          

     202      Board of Directors Members

     202.1   Qualification

     202.2   Oath of Office

     202.3   Term of Office

     202.4   Vacancies

      203     Board of Directors' Conflict of Interest

                  

 

NOTE: This policy states the legal requirements for school board elections and the filling of vacancies. 

 

Approved:  10/14/96                                               Reviewed:  10/9/2023                                              Revised:  10/9/2023

 

202 BOARD OF DIRECTORS MEMBERS

202.1 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 should 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.

 

Cross Reference:                       

     201      Board of Directors'  Elections

     202.4    Vacancies

     203       Board of Directors'  Conflict of Interest

 

Approved:  10/14/1996            Reviewed: 10/9/2023               Revised:  10/9/2023 

 

 

202.2 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 is taken by each new board member elected at the 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 will take the oath of office within ten days of the appointment or election.

Board members elected to offices of the board will 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 is 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 is 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 Tipton Community School District as now and hereafter required by law?"

 

Legal Reference:                            

     Iowa Code §§ 277.28;  279.1, .6.

 

Cross Reference:           

     200.1          Organization  of the Board of Directors

     200.1R1     Organization of the Board of Directors - Organizational Meeting Procedures

     201        Board of Directors'  Elections

     204        Code of Ethics

     206.1     President

     206.2     Vice-President

     206.3     Secretary

     2006.4   Treasurer

 

Approved:  10/14/1996                 Reviewed:  10/9/2023             Revised:  10/9/2023   

 

 

202.3 TERM OF OFFICE

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.  Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider running for more than one term.

 

 

Legal Reference:          

     Iowa Code §§ 69.12; 274.7; 279.6; 279.7

 

Cross Reference:          

     201      Board of Directors' Elections

     202.4   Vacancies

              

Approved:  10/14/96                                               Reviewed:        10/9/2023                                Revised:  10/9/2023

202.4 VACANCIES

A vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office, or fails to reside in the school district or director district.

If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy.  The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election.

A person appointed to fill a vacancy shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs or if a valid petition is submitted, the board secretary will call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred.  A board member elected at the special election will serve the remaining portion of the unexpired term.

      

NOTE: Special elections called because the board is unable to fill a vacancy by appointment within 30 days or called because a valid petition has been submitted are to be held 60-70 days after the vacancy occurs. These special elections are different than the special school elections (commonly called public measure elections), which are held on four specific dates each year as outlined in Iowa Code. The special elections called to fill a vacancy can be held at any time of the year.

Legal Reference:

     Iowa Code §§ 69; 277.29; 279.

     Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).

     Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).

     Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).

Cross Reference:

     201 Board of Directors' Elections

     202.1  Qualifications

     202.3 Term of Office

Approved:  10/9/2023                    Reviewed:  ________                   Revised:  __________

 

203 BOARD OF DIRECTORS' CONFLICT OF INTEREST

Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A board member will not act as an agent for school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $15,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.

The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract.  The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid.

It will 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 is deemed to exist includes, but are not limited to, any of the following:

(1)    The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school 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 money  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 school 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 school 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, determining the facts or law in a contested case or rulemaking proceeding, conducting any inspection, 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.

When procurement is supported by Federal Child Nutrition funds, board members will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the board member, board member’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

It is the responsibility of each board member to be aware of and take the action necessary to eliminate a potential conflict of interest should it arise.

NOTE:  This policy reflects the Iowa law on board member conflict of interest.  Board members can now make up to $20,000 from the district in a fiscal year, however boards can choose to set a limit below $20,000 if the board believes a lower amount would be more appropriate for their community. There is no longer a prohibition on the employment of a spouse of a board member. Because of this removal, boards have little discretion regarding the employment of board members’ spouses.  

 

 

Legal Reference:         

     22 C.F.R. § 518.42.

     Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.

                                   

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

     401.2   Employee Conflict of Interest

     401.3   Nepotism

 

 

Approved:  10/14/1996                                                Reviewed: 10/9/2023                                           Revised:  10/9/2023   

204 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 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.

Legal Reference:           

     Iowa Code §§ 21;  68B; 69; 277.28;  279.7A, 279.8, 301.28.

 

Cross Reference:                       

     202.2  Oath of Office

     203     Board of Directors' Conflict of Interest

 

Approved:  10/14/96                                                   Reviewed:     10/9/2023                                             Revised:  10/9/2023

 

205 BOARD MEMBER LIABILITY

Board members will 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 school district community.   In carrying out the duties and responsibilities of their office, board members will act in good faith.

The school district will 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 the act constitutes a willful or wanton act or omission.  The school district, however, cannot 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. 

     Iowa Code ch. 670.

 

Cross Reference:   

     213    Public Participation in Board Meetings        

     709      Insurance  Program

     903.4    Public Conduct on School Premises

 

 Approved:  10/14/1996                Reviewed: 10/9/2023                    Revised:  10/9/2023

 

 

206 BOARD OF DIRECTORS' OFFICERS

206.1 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 is elected to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting. 

The president, in addition to presiding at the board meetings,  will 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. Before making or seconding a motion, the board president  will turn over control of the meeting to either the vice president or other board member.

The board president has the authority to call special meetings of the board.   Prior to board meetings, the board president will consult with the superintendent on the development of the agenda for the meeting.

The board president, as the chief officer of the school district, will sign employment  contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

NOTE: Board presidents were required by law to be elected during the organizational meeting following elections, and at the annual meeting in even-numbered years, and could only serve on year terms.  After school elections changed to November, that required boards to wait until November each year to hold their annual meetings and settle their financials from the fiscal year prior.  This 2021 change in the law separates out the election of the board president from the annual meeting.  This change allows the annual meeting to be held after August 31, but closer to the end of the preceding fiscal year, and the board president to be elected during the board’s regular meeting in November to maintain a one year term of office. 

 

 

Legal Reference:           

     Iowa Code §§ 279.1-.2;  291.1.

 

Cross Reference:           

     200.1       Organization  of the Board of Directors

     200.1R1    Organizational Meeting Procedures

     202.2       Oath of Office

     206.2       Vice President

 

Approved:  10/14/1996                 Reviewed:     10/9/2023              Revised:  10/9/2023

 

206.2 VICE-PRESIDENT

The vice president of the board is elected  by a majority vote at the organizational  meeting in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting to serve a one-year  term of office.  

By this election, if the board president is unable or unwilling to carry out the duties required, it is 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 will serve as president for the balance of the president's term of office, and a new vice-president will be elected.

The vice-president will accept control of the meeting from the president when the president wishes to make or second a motion.  The vice-president will 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.

 

Cross Reference:           

     200.1       Organization  of the Board of Directors

    200.1R1    Organizational Meeting Procedures

     202.2       Oath of Office

     206.1       President

Approved:  10/14/1996         Reviewed:    10/9/2023                    Revised:  10/9/2023 

 

206.3 SECRETARY-TREASURER

A board secretary-treasurer may be appointed from employees, other than a position requiring  a teaching certificate, or from the public. To finalize the appointment, the board secretary-treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.

It is the responsibility of the board secretary-treasurer, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students.  The board secretary-treasurer will be responsible for filing the required reports with the Iowa Department of Education.

It is the responsibility of the secretary-treasurer to oversee the investment portfolio, to receive funds of the school district, to pay out the funds for expense approved by the board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities.  It will also be the responsibility of the board secretary-treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the school district.

In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, the Superintendent or designee of the board will assume those duties until the board secretary-treasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.  The board secretary-treasurer will give bond in an amount set by the board.  The cost of the bond will be paid by the school district.

 

 

Legal Reference:           

     Iowa Code §§ 12B.10; 12C; 64;  279.3, .5, .7,.32, .33,  .35; 291.2-.4,  .6-.8, .10-.11; 

299.10. 

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

 

Cross Reference:

     202.2        Oath of Office

     206.4        Treasurer

     210.1        Annual Meeting

     215           Board of Directors' Records

     215-EH1   Board of Directors’ Records - Board Meeting Minutes

     501.10      Truancy - Unexcused Absences

     501.10R1 Truancy - Unexcused Absences - Regulation

     704.3        Investments

     707.1        Secretary’s Reports

     707.3        Publication of Financial Reports

     708           Care, Maintenance and Disposal of School District Records

 

Approved:  10/14/1996             Reviewed:      10/9/2023                   Revised:  10/9/2023 

 

207 BOARD OF DIRECTORS' LEGAL COUNSEL

It is 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 school district.  The board may appoint legal counsel at its annual meeting.

The superintendent and board secretary will  have the authority to contact the board's  legal counsel on behalf of the board when the superintendent or board secretary 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 will 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 is 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 is 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 expenses for the school district.

NOTE:  It is recommended that both the superintendent and board president have authority to contact the board's legal counsel without prior approval of the board.  If other individuals have this authority, the board secretary for example, then they, too, should be listed in this policy.

Legal Reference:           

     Bishop v. Iowa State Board of Public Instruction,  395 N.W.2d  888 (Iowa 1986).

     Iowa Code § 279.37. 

Cross Reference:               

     200  Legal Status of the Board of Directors

Approved:  10/14/1996         Reviewed: 10/9/2023                 Revised:  10/9/2023    

 

208 AD HOC COMMITTEES

Whenever the board deems it necessary,  the board may appoint a committee composed of citizens, employees or students  to assist the board.  Committees formed by the board are ad hoc committees.

An ad hoc committee may be formed by board resolution which will 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  will 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 may be subject to the open meetings law. 

The method for selection of committee members will be stated in the board resolution.   When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will 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.

NOTE: Most, if not all, board committees are subject to the open meetings law just as the board is. The only difference between the two bodies is that committees are not required to publish their minutes. That is only a requirement specifically for school boards, not a requirement of the open meetings law. 

Legal Reference:           

      Iowa Code §§ 21; 279.8; 280.12(2). 

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

 

Cross Reference:           

     103             Educational  and Operational  Planning

     103.R1        Long-Range Needs Assessment - Regulation

     211             Open Meetings

     212             Closed  Sessions

     212.1          Exempt Meetings

     215             Board of Directors'  Records

     215-EH1    Board of Directors’ Records - Board Meeting Minutes

     605.1          Instructional  Materials  Selection

     605.1R1     Instructional Materials Selection - Selection of Instructional Materials Regulation

     900            Principles  and Objectives  for Community  Relations

 

Approved:  10/14/1996              Reviewed:   10/9/2023                      Revised:  10/9/2023

 

208.E1 AD HOC COMMITTEES EXHIBIT

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.

Cross Reference:

103     Long-Range Needs Assessment

103-R1 Long-Range Needs Assessment - Regulation

211     Open Meetings

212     Closed Sessions

212.1  Exempt Meeting

215      Board of Directors' Records

215-EH1 Board f Directors' Records - Board Meeting Minutes

605.1   Instructional Coaches

605.1R1  Instructional Materials Selection - Selection of Instructional Materials Regulation

900      Principles and Objectives for Community Relations

 

                     Approved:  10/14/1996                            Reviewed:      10/9/2023                                   Revised:  10/9/2023

209 BOARD OF DIRECTORS' MANAGEMENT PROCEDURES

209.1 DEVELOPMENT OF POLICY

The board has jurisdiction to legislate policy for the school district with the force and effect of law.  Board policy provides the general direction as to what the board wishes to accomplish and why it wihes to accomplish it 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 are the basis for the formulation of regulations by the administration.   The board will 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 will be submitted to the superintendent's office for possible placement on the board agenda.   It is the responsibility of the superintendent to bring these proposals to the attention of the board.

 

Legal Reference:           

     Iowa Code §§ 274.1-.2;  279.8.

     281 I.A.C. 12.3(2).

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

    

 

Approved:  10/14/1996                                          Reviewed:     10/9/2023                                   Revised:  10/9/2023

209.2 ADOPTION OF POLICY

The board will give notice of adoption  of new policies by placing the item on the agenda of two regular board meetings.  This notice procedure will 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 will be included in the minutes.  The board will have complete  discretion to determine what constitutes an emergency situation.

The final action taken to adopt the proposed policy will 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 will 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.

 NOTE:  There is no legal requirement for the number of readings a board policy needs to have prior to its adoption by the board.  The standard practice is two meetings, and this policy is written to reflect that practice.  If a board holds fewer or more readings, the policy should be amended to reflect that practice.  It is recommended the expiration date of an emergency policy be the number of meetings needed to adopt a regular policy plus an additional meeting.

Legal Reference:           

     Iowa Code § 279.8.

     281 I.A.C. 12.3(2).

    

Cross Reference:           

     200.2   Powers  of the Board of Directors

     200.3   Responsibilities  of the Board of Directors

 

Approved:  10/14/1996              Reviewed: 10/09/2023         Revised:  10/09/2023 

 

209.3 DISSEMINATION OF POLICY

The board policy manual is available electronically.  Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will also be included in the work packet for the meeting in which the final action was taken to adopt the new or changed  policy.

 

Legal Reference:           

     Iowa Code §§ 277.31;  279.8.

     281 I.A.C. 12.3(2).

 

Cross Reference:           

     200.3  Responsibilities  of the Board of Directors

 

 

Approved:  10/14/1996         Reviewed:     10/9/2023            Revised:  10/9/2023 

 

209.4 SUSPENSION OF POLICY

Generally, the board will 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 is within the discretion of the board to determine when an extreme  emergency of a very unique nature exists.  Reasons for suspension of board policy will be documented in board minutes.

 

Legal Reference:           

     Iowa Code § 279.8.

     281 I.A.C. 12.3(2).

 

Cross Reference:           

     200.3  Responsibilities  of the Board of Directors

 

 

Approved:  10/14/1996        Reviewed:     10/9/2023                    Revised:  10/9/2023

 

209.5 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 school district.

It is 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  will draft a proposed policy for the board to consider.

 

Legal Reference:           

      Iowa Code § 279.8.

      281 I.A.C. 12.3(2).

 

Cross Reference:           

     200.3  Responsibilities  of the Board of Directors

     302.4  Superintendent  Duties

     

 

Approved:  10/14/1996            Reviewed:      10/9/2023           Revised:  10/9/2023   

 

209.6 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 is made on the face of the policy statement.

The board will review 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)

  • Noninstructional Operations and Business Services, Buildings and 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 will 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 or a change is minor, the policy may be approved at one meeting at the discretion of the board.

NOTE: Boards must review board policy at least every five years according to the educational standards.  In order to comply with the educational standards, notation must be made on policies stating when the policy was reviewed or revised.  Boards can use any method they want for reviewing board policy.  The schedule established in this policy is a recommendation.  It is written so approximately one-fifth of the manual is reviewed every year and similar topics are reviewed together.

Legal Reference:           

     Iowa Code § 279.8.

     281 I.A.C. 12.3(2). 

 

Cross Reference:           

     200.3  Responsibilities  of the Board of Directors

   Approved:  10/14/1996                Reviewed: 10/9/2023              Revised: 10/9/2023

 

209.7 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 is the responsibility of the superintendent to develop administrative  regulations to implement the board policies.  The regulations, including handbooks, will be reviewed by the board prior to their use in the school district.

The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise.

 

 

Legal Reference:           

     Iowa Code §§ 279.8, .20.

 

Cross Reference:           

     200.3  Responsibilities  of the Board of Directors

   

 

Approved:  10/14/1996             Reviewed:  10/9/2023                 Revised:  10/9/2023 

 

210 BOARD OF DIRECTORS' MEETINGS

210.1 ANNUAL MEETING

Each year after August 31 and prior to the organizational meeting of the board, the board will hold its annual meeting.

At the annual meeting, the board will examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30.  As part of the annual reports, the treasurer will present affidavits from depository  banks.  The board may also appoint the board's legal counsel at the annual meeting.

 

Legal Reference:           

     Iowa Code §§ 279.1, .3, .33.

 

Cross Reference:                       

     206.3   Secretary

     206.4   Treasurer

     701.1   Depository  of Funds

     707.1  Secretary’s Report

     707.2  Treasurer’s Annual Report 

 

 

 

 

Approved:  10/14/96                                         Reviewed:        12/11/2023                                      Revised:   12/11/2023      

 

210.2 REGULAR MEETING

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.  

The regular meetings of the board will be held on the 2nd Monday of each month.  Meetings will begin promptly at 6:30 p.m. The board will adhere to this meeting date and time 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 rescheduled in accordance with law and policy.  Public notice of the meetings will be given.

 

Legal Reference:    

     Iowa Code §§ 21.3, .4; 279.1 

 

Cross Reference:    

     200.1        Organization of the Board of Directors

    200.1R1    Organization of the Board of Directors - Organizational Meeting Procedures

 

Approved:      10/14/1996                                          Reviewed:  12/11/2023                           Revised:  12/11/2023

 

210.3 SPECIAL MEETING

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 will be given.

If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board will 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 notice in its usual manner could not be given will 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 will 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

 

Legal Reference:  

     Iowa Code §§ 21.3, .4; 279.2.

 

Cross Reference:  

     200.1   Organization  of the Board of Directors

     210       Board of Directors'  Meetings

 

Approved:  10/14/1996                                                Reviewed:    12/11/2023                                             Revised:  12/11/2023

 

210.4 WORK SESSIONS

The board, as a decision making body, is confronted with a continuing flow of problems,  issues and needs which require  action.  While the board is determined  to expedite  its business, it is also mindful of the importance of planning, brainstorming and thoughtful  discussion without action.  Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with such opportunities.   The board has the authority to hire an outside facilitator to assist them in work sessions.

Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session.  No board action will take place at the work session.

 

Legal Reference:           

      Iowa Code §§ 21; 279.8.

      

Cross Reference:           

     210  Board of Directors'  Meetings

     211  Open Meetings

 

 

Approved:  10/14/1996                                            Reviewed:        12/11/2023                                           Revised:  12/11/2023

210.5 MEETING NOTICE

Public notice will be given for meetings and work sessions held by the board.   Public notice will indicate the time, place, date and tentative agenda of board meetings.  The public notice will be posted on the bulletin board or another prominent place clearly designated for posting agendas 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 request for notice with the secretary.  A copy of the public notice will also be accessible to employees and students.

In the case of special meetings, public notice will 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 will be given as soon as practical and possible in light of the situation.  The media and others who have requested notice will be notified of the emergency meeting.  Attendance at a special meeting or emergency meeting by the media or board members  will constitute a waiver of notice.

It is 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.

  

Cross Reference:           

     210      Board of Directors'  Meetings

     210.8   Board of Directors'  Meeting  Agenda 

 

Approved:  10/14/1996                                            Reviewed:        12/11/2023                                        Revised:  12/11/2023

 

210.6 QUORUM

Action by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the board members, is in attendance at the board meeting.  While in person participation is encouraged, board members may attend meetings either in person or electronically provided each member can hear and be heard in real time by all members present and the public.

While board members are encouraged to attend board meetings, 3 members will constitute a quorum and are a sufficient number to transact business of the school corporation.  The adjournment of a meeting may be executed without a quorum.

An affirmative vote of a majority of the votes cast is sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

It is the responsibility of each board member to attend board meetings.

 

Legal Reference:           

     Iowa Code §§ 21.5(1); 279.4.

 

Cross Reference:                       

      210  Board of Directors'  Meetings

 

 

Approved:  10/14/1996                                                  Reviewed:  12/11/2023                                       Revised: 12/11/2023

210.7 RULES OF ORDER

An orderly board meeting allows the board members to participate in the discussion  and decision process on an issue confronting the school district.  Rules of order for board meetings allow school 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 school district business in a regular, ordered, reasonable and consistent manner.

The board will 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 ensure 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 ensure 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.

 

Legal Reference:           

     Iowa Code §§ 21.2, .7; 279.8. 

 

Cross Reference:                       

     210      Board of Directors'  Meetings

     210.8   Board Meeting Agenda  

 

Approved:  10/14/1996                                                     Reviewed:       12/11/2023                                   Revised:  12/11/2023

 

210.7R1 RULES OF ORDER

The following rules of procedure have been adopted by the board at the annual or organizational meeting:

  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 of the votes cast. Only "yes" and "no" votes are counted in this calculation. It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.

  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 may 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.

  7. The board president may rule on points of order brought before the board.

  8. The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting. Members of the public who wish to participate shall follow board policy.

  9. The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.

  10. The board president has the same authority and responsibility as each board member to vote on all issues.

 

Approved:  12/11/2023          Reviewed:  _____________                   Revised:  ____________

 

210.8 BOARD MEETING AGENDA

The tentative agenda for each board meeting will 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 posted and distributed.

Persons requesting to place an item on the agenda must make a request to the superintendent prior to the drafting of the tentative agenda.  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 5 days prior to the scheduled board meeting.   These documents are the private property  of the board member.  Persons wishing to view the tentative  agenda and supporting  documents may do so at the central administration office.

The board will 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 will state the reason justifying the immediate action.

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting.  Any board member may place an item on the next regular agenda with the consent of a majority of the board.  Board members wishing to do so should provide notice to the superintendent and the board president 7 days prior to the scheduled meeting.   

Legal Reference:           

     Iowa Code §§ 21; 279.8.

      

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:  10/14/1996                                                         Reviewed:        12/11/2023                                  Revised:  12/11/2023

 

210.8E1 BOARD MEETING AGENDA EXAMPLE

[Regular Board Meeting] or [Special Board Meeting]

BOARD OF EDUCATION

TIPTON COMMUNITY SCHOOL

[Insert Date (Day, Month Date, Year)]

[Insert Meeting Location] [Insert Time (ex. 6:00 p.m.)]

 

Zoom Link:

    XXXXX

  1. Call to Order by Board President

  2. Approved the Agenda

  3. Recite the Pledge

  4. Read the Aim and Mission of the District

  5. Welcome to Visitors, Press, Staff

    1. Open Forum

 VI.    Consent Agenda

  1. Minutes of the XXX meetings

  2. Bills and Claims for XXX

  3. Financial Reports of the District

  4. Personnel:

  5. Fundraisers

VII.    Reports

 

Action Items

 

VIII.    Old Business

  IX.    New Business

  1.  
  2.  

   X.    Board Policy #XXXXXX

  XI.    Purchase orders

  1. XXXXX

 XII.    Adjournment

 

Open Forum is scheduled for public communication to the board.  At that time, interested people may present comments, suggestions or concerns, even if they are not listed on the agenda.  However, an item usually must be included on the agenda before the board can officially act upon it.  Anyone wishing to speak to the Board of Education, and is not on the agenda, should contact Nicole Miller, not later than 30 minutes prior to the meeting.  Citizens with questions about the operation of the schools are encouraged to first contact the teacher or staff member closest to the situation.  The next step is to communicate with the building administrator.  Then, if it is necessary, concerns can be brought to the attention of the superintendent.  At this point, the school board may address unresolved concerns.  Official action can be taken only in open session.  However, with appropriate public notice, closed (or executive) sessions may be conducted to allow the board to consider matters listed in Iowa law.  Confidential or personnel matters, negotiations strategy, current or imminent lawsuits and some real estate purchases are among the items which may be discussed in closed session.

 

Approved:  12/11/2023    Reviewed:  ________      Revised:  ____________        

210.8E2 BOARD MEETING AGENDA EXAMPLE (With Closed Session)

[Regular Board Meeting] or [Special Board Meeting]

BOARD OF EDUCATION

TIPTON COMMUNITY SCHOOL

[Insert Date (Day, Month Date, Year)]

[Insert Meeting Location] [Insert Time (ex. 6:00 p.m.)]

 

Zoom Link:

    XXXXX

  1. Call to Order by Board President

  2. Approved the Agenda

  3. Recite the Pledge

  4. Read the Aim and Mission of the District

  5. Welcome to Visitors, Press, Staff

    1. Open Forum

 VI.    Consent Agenda

  1. Minutes of the XXX meetings

  2. Bills and Claims for XXX

  3. Financial Reports of the District

  4. Personnel:

  5. Fundraisers

VII.    Reports

 

Action Items

 

VIII.    Old Business

  IX.    New Business

  1.  
  2.  

   X.    Board Policy #XXXXXX

  XI.    Purchase orders

  1. XXXXX

 

XII.    Closed Session as provided in section 21.5(1)(i) of the open meetings law to evaluate the professional competency of an individual whose performance is being considered to prevent needless and irreparable injury to that individual’s reputation, as that individual has requested a closed session.

 

XIII.     Adjournment

 

Open Forum is scheduled for public communication to the board.  At that time, interested people may present comments, suggestions or concerns, even if they are not listed on the agenda.  However, an item usually must be included on the agenda before the board can officially act upon it.  Anyone wishing to speak to the Board of Education, and is not on the agenda, should contact Nicole Miller, not later than 30 minutes prior to the meeting.  Citizens with questions about the operation of the schools are encouraged to first contact the teacher or staff member closest to the situation.  The next step is to communicate with the building administrator.  Then, if it is necessary, concerns can be brought to the attention of the superintendent.  At this point, the school board may address unresolved concerns.  Official action can be taken only in open session.  However, with appropriate public notice, closed (or executive) sessions may be conducted to allow the board to consider matters listed in Iowa law.  Confidential or personnel matters, negotiations strategy, current or imminent lawsuits and some real estate purchases are among the items which may be discussed in closed session.

Approved:  12/11/2023    Reviewed:  ____________  Revised:  __________

 

210.9 CONSENT AGENDAS

Very often the board must consider agenda items which are noncontroversial or similar in content. Such agenda items might include ministerial tasks such as, but not limited to, the approval of the agenda, approval of previous minutes, approval of bills, approval of reports, etc. These items might also include similar groups of decisions such as, but not limited to, approval of staff contracts, approval of maintenance details for the school buildings and grounds, open enrollment requests or approval of various schedules.

In order for a more efficient administration of board meetings, the board may elect to use a consent agenda for the passage of noncontroversial items or items of a similar nature.

The superintendent in consultation with the board president and board secretary shall place items on the consent agenda. By using a consent agenda, the board has consented to the consideration of certain items as a group under one resolution. Items may be removed from the consent agenda at the request of a board member.

Nothing in this policy is to be construed as an attempt to avoid full compliance with laws dealing with open meetings or public notice of the agenda and meeting.

Legal Reference:  Iowa Code §§ 21; 279.8.

Cross Reference:

210 Board of Directors' Meetings

 

Approved:  12/11/2023        Reviewed:  __________  Revised:  __________

 

211 OPEN MEETINGS

A gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board’s policy making duties takes place is a board meeting.  A gathering for the purpose of social or ministerial action will not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of the open meetings law.  Meetings of the board will 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.

     

Cross Reference:           

     208      Ad Hoc Committees

     210      Board of Directors'  Meetings

     210.8   Board Meeting Agenda

     212      Closed  Sessions

 

Approved:  10/14/1996            Reviewed: 12/11/2023      Revised:  12/11/2023

 

 

212 CLOSED SESSIONS

Generally,  board meetings will be open meetings, unless a closed session is provided  for by law.  

Closed sessions take place as part of an open meeting.  The board may enter into a closed session for any reason permitted by law.

The item for discussion in the closed session will be listed as part of the tentative  agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda.  The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting.  A minimum of two-thirds of the board, or all of the board members present,  if any are absent, must vote in favor of the motion on a roll call vote.  Closed sessions will be recorded and have detailed minutes kept by the board secretary.   No voting will take place in the closed session.  Final action on matters discussed in the closed session will be taken in an open meeting.

The minutes and 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 recordings and the written minutes will be kept for one year from the date of the meeting.  Real estate related minutes and recordings will be made public after the real estate transaction is completed.

The detailed minutes recording will be sealed and will not be public records open to public inspection.  The minutes recording  will only be available to board members or opened upon court or administrative order in an action to enforce the requirements of the open meetings law.  The board has complete discretion as to who may be present  at a closed session, but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated.  The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.

 

 

Legal Reference:           

     Iowa Code §§21; 22.7; 279.24.

   

Cross Reference:           

     208  Ad Hoc Committees

     211  Open Meetings

     212.1 Exempt Meetings

 

Approved:  10/14/1996         Reviewed:  12/11/2023           Revised:  12/11/2023

 

212.1 EXEMPT MEETINGS

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 recording the gathering or taking minutes, and be held without a vote or motion.  The board may also hold an exempt session for the following reasons, or as may be otherwise authorized by law:

  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.  The private hearing however, in the teacher's contract termination will 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.

  

NOTE:  Meetings exempt from the Open Meetings law are separate, standalone meetings of the board.  For this reason, exempt meetings should never take place within an open meeting.  Exempt meetings may be placed before or after an open meeting.  But once an open meeting has convened, it should be adjourned prior to holding an exempt meeting.  While there is no legal requirement to provide notice or keep minutes for exempt meetings; there may be intrinsic benefit for the community to understand that the board is communicating in a transparent fashion.  For this reason, boards may choose to provide a notice that they intend to gather for an exempt meeting.

 

Legal Reference:

Iowa Code §§ 20.17; 21; 22.7; 279.15, .16.

Cross Reference:

208 Ad Hoc Committees

211 Open Meetings

212  Closed Sessions

 

Approved:  12/11/2023    Reviewed:  __________      Revised:  ___________

 

213 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 will set time aside a specific time for public comment.

Public Comment During Board Meetings

Citizens  wishing  to address the board during public comment must notify the board secretary prior to the board meeting.  The board president will recognize these individuals to make their comments at the appropriate time during public comment. Citizens wishing to present petitions may also do so at this time.  The board however, 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.  Normally, speakers will be limited to 5 minutes with a total allotted time for public participation of 30 minutes.  However, the board president may modify this time limit, if deemed appropriate or necessary.  Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during public comment. 

Public comment shall be limited to regular board meetings and will not be routinely held during special board meetings. 

Petitions to Place a Topic on the Agenda

Individuals who wish for an item to be placed on the board agenda may submit a valid petition to the board.  For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower.

Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition.  The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up.  The sign-up sheet will require each individual to list their legal name and mailing address.  Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up.  The same time limit will apply to all speakers on the proposal.  Each individual will be limited to one opportunity to speak.  The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum, the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum. 

The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility.  The orderly process of the board meeting will not be interfered with or disrupted by public comment.  Only individuals recognized by the board president will be allowed to speak.  Comments by others are out of order.  If disruptive, the individual causing disruption may be asked to leave the board meeting.  Defamatory comments may be subject to legal action. 

 

Legal Reference:           

     Iowa Code §§ 21; 22; 279.8 279.8B.

 

Cross Reference:                       

     205      Board Member  Liability

     210.8   Board Meeting  Agenda

     210.08-EH(1) Board Meeting Agenda - Example 

     210.08-EH(2) Board Meeting Agenda - Example (with closed session)

     213.01 Public Complaints     

     214      Public Hearings

     401.4    Employee Complaints      

     502.4  Student Complaints and Grievances

     605.03 Objection to Instructional and Library Materials 

     605.03-R(1) Objection to Instructional and Library Materials - Reconsideration of Instructional Materials Regulation 

     605.03-E(1) Objection to Instructional and Library Materials - Instructions to the Reconsideration Committee 

     605.03-E(2) Objection to Instructional and Library Materials - Reconsideration of Instructional and Library Materials Request Form 

     605.03-E(3) Objection to Instructional and Library Materials - Sample Letter to Individual Challenging Instructional              Materials 

     605.03-E(4) Objection to Instructional and Library Materials - Request to Prohibit a Student from Checking Out Specific Library Materials

 

Approved:  10/14/1996          Reviewed:       08/14/2023          Revised:   08/14/2023

 

213.1 PUBLIC COMPLAINTS

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. 

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board action however, the following should be completed:

(a) Matters should first be addressed to the teacher or employee.

(b) Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal.

(c) Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board for consideration.  To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board.

Parents, guardians and community members of the district who have concerns about the district or the board may refer to the student handbook for additional guidance from the Iowa Department of Education.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy.  The board is not obligated to address a complaint and may defer to the decision of the superintendent.  If the board elects not to address a complaint, the decision of the superintendent shall be final.  If the board does elect to address a complaint, its decision shall be final.

  

NOTE:  School districts with a different procedure for addressing complaints about employees should insert it here.  The Iowa legislature requires districts to include in student handbooks a reference to guidance issued by the Iowa Department of Education pursuant to Iowa Code chapter 256.9(63).  All districts should reference the existence and location of this guidance in their student handbooks. 

Legal Reference:

Iowa Code § 279.8

Cross Reference:

210.8 Board Meeting Agenda

213 Public Participation in Board Meetings

307 Communication Channels

Approved:  12/11/2023        Reviewed:  _________        Revised:  ________

 

214 PUBLIC HEARINGS

Public hearings may be held on school district matters at the discretion of the board.   Public notice of a public hearing will be in the same manner as for a board meeting  except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so or the law requires otherwise.

At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held.  Others may be allowed  to speak at the board's discretion.  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 will 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 chair will be allowed to speak.  Comments by others are out of order.  Individuals who interfere  with or interrupt speakers, the board or the proceedings will be asked to leave. 

Legal Reference:           

     Iowa Code §§ 21; 24.9; 26.2; 279.8; .10; 297.22. 

 

Cross Reference:                       

     210      Board of Directors'  Meetings

     213      Public Participation  in Board  Meetings

     601.1   School Calendar

     703.1   Budget Planning

 

Approved:  10/14/1996           Reviewed: 12/11/2023          Revised:  12/11/2023

 

 

215 BOARD OF DIRECTORS' RECORDS

The board will 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 is the responsibility of the board secretary to keep the minutes of the board meetings.   The minutes of each board meeting will 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 will be attached.  This information will 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 after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.

 NOTE:  The requirements in the second paragraph are all legal requirements.

 

 

Legal Reference:           

     Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3.

     281 I.A.C. 12.3(1).

  

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:  10/14/1996              Reviewed:   12/11/2023        Revised:  12/11/2023

 

215.EH1 BOARD MEETING MINUTES

Since the official minutes of the board are the only legal record, it is important  that they be recorded with extreme care and completeness.  The board secretary will follow the following guidelines in writing board minutes:

With respect to content, the minutes should show the following:

  1. The place, date, and time of each meeting.

  2. The type of meeting--regular,  special, emergency, work session.

  3. Members present and members absent, by name.

  4. The call to order and adjournment.

  5. The departure of members by name before adjournment.

  6. The late arrival of members, by name.

  7. The time and place of the next meeting.

  8. Approval, or amendment and approval, of the minutes of the preceding meeting.

  9. Complete  information as to each subject of the board's deliberation and the action taken.

  10. The maker and seconder of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.

  11. Complete text of all board resolutions, numbered consecutively for each fiscal year.

  12. A record of all contracts entered into, with the contract documents kept in a separate  file.

  13. A record of all change orders on construction contracts.

  14. All employment changes, including resignations or terminations.

  15. A record, by number, of the bills of account approved by the board for payment.

  16. A record of all calls for bids, bids received, and action taken thereon.

  17. Approval of all transfers of funds from one budgetary fund to another.

  18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.

  19. Board policy and administrative guides should be made a part of the minutes  by exhibit.

  20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.

  21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.

  22. A record of all delegations appearing before the board and a record of all petitions.

  23. At the annual meeting  in July/August  each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.

  24. The election or appointment of board officers.

  25. The appointment of auditors to examine the books.

At the annual organizational meeting in odd-numbered years, the minutes should reflect the following:

  1. Appointment of a temporary chairperson if not specified in policy. 

  2. Oath of office administered to newly elected board members.

  3. Nominations taken for the office of president and vice president.                                                   

  4. Election of the president and vice president, the votes and the oath of office administered to the president and vice president.

  5. The resolution to pay bills when the board is not in session.

  6. A resolution to automatically disburse payroll along with a roster of all employees  under contract.

  7. A resolution naming depositories along with the maximum deposit for each depository.

  8. Resolution authorizing the use of a check protector and signer and the proper control of the signer.

  9. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired  for the balance of the school year.

NOTE:  There are no legal requirements for the contents of board minutes other than those stated in the policy.  The contents of this exhibit are suggestions and may be amended, altered or deleted.  For more detailed discussion of this issue, see IASB's Policy Primer, June 8, 2001.

Cross Reference:

206.3        Secretary/Treasurer

208           Ad Hoc Committees

208-E1     Ad Hoc Committees - Exhibit

210.8        Board Meeting Agenda

210.8EH1 Board Meeting Agenda - Example

210.8EH2 Board Meeting Agenda - Example(with closed session)

708           Care, Maintenance and Disposal of School District Records

901           Public Examination of School District Records        

Approved:  10/14/1996         Reviewed:  12/11/2023               Revised:  12/11/2023

 

216 BOARD OF DIRECTORS' MEMBER SERVICES

216.1 ASSOCIATION MEMBERSHIP

Participation in board member associations are beneficial to the board.  The board will 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 school district.

 

 

 

 

Legal Reference:           

     Iowa Code § 279.38.

 

Cross Reference:           

     216.2   Board of Directors'  Member Development  and Training

 

Approved:  10/14/1996             Reviewed:  12/11/2023           Revised:  12/11/2023

 

 

216.2 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 will 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.

 NOTE:  In order for a board to be eligible for the IASB Award of Achievement, the board needs to have a policy on board development.

 

Legal Reference:           

     Iowa Code §§ 279.8, .38.

 

Cross Reference:                                            

     216.1   Association Membership

 

Approved:  10/14/1996               Reviewed:  12/11/2023        Revised:  12/11/2023

 

216.3 BOARD OF DIRECTORS' MEMBER COMPENSATION AND EXPENSES

As an elected public official the board member is a public servant compensation. Board members will be reimbursed for necessary and actual expenses incurred in the performances 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. Failure to provide a detailed receipt will make the expense non reimbursable. Personal expenses will be reimbursed by the board member to the school district no later than ten working days following the date of the expense. In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances will be maintained as part of the school district's record of the claim.

It is 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 school district. It is 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.

 

Legal Reference:           

     Iowa Code §§ 68B; 277.27;  279.7A, .8, .32.

 

Cross Reference:                                            

      203       Board of Directors' Conflict of Interest

      401.7    Employee Travel Compensation

      705.2    Credit and Procurement Cards

 

Approved:  10/14/1996            Reviewed:    12/11/2023              Revised:  12/11/2023

 

 

217 GIFTS TO BOARD OF DIRECTORS

Board members may receive a gift on behalf of the school district.  Board members will 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 of a 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 non monetary  gift or series of non monetary 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 is the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.

 NOTE: This policy is a reflection of the law. 

Legal Reference:           

     Iowa Code ch. 68B.  

 

Cross Reference:           

     203      Board of Directors'  Conflict of Interest

     402.4      Gifts to Employees

     704.4      Gifts - Gratuity 

Approved:  10/14/1996         Reviewed:   12/11/2023        Revised:  12/11/2023

 

218 APPROVAL OF HANDBOOKS

The Superintendent shall recommend approval to the Board of Directors for all curriculum guides, manuals, handbooks, and similar types of publications that are directive in nature.

The Student-Parent and Staff Handbooks will be annually reviewed and revised as needed, and copies of such are to be made available to the Board of Directors to afford the individual Board Members the opportunity to observe the manner and fashion in which the administrative staff is implementing district policy. 

 

 

Approved:  10/14/1996                Reviewed: 12/11/2023                 Revised: 12/12/2016