200 Legal Status of School District

200 Legal Status of School District

This school district is organized as a school corporation pursuant to the Constitutuion of the State of Iowa and Iowa law, and known as Spirit Lake Community School District. 

The Spirit Lake Community School District (the "District") is located in Dickinson County, Iowa. The District's affairs are conducted by elected school officials, the Spirit Lake Community School District Board of Directors (the "Board"). The District and the Board have exclusive jurisdiction over school matters in the territory of the school district.

 

 

 

 

 

 

Approved: 9/9/19

Reviewed:         

Revised:              

200.1 Statement of Guiding Principles

It is the policy of the Board of Directors to organize and maintain the distinction between those activities which are appropriate to the Board of Directors as the legislative governing body of the School District, and those administrative activities which are to be performed by the Superintendent of Schools and his staff in the exercise of a delegated administrative authority. The function of the Board can be described as policy-making, appraisal, and evaluation. It shall also ensure that the community be informed of the needs, purposes, values, and status of the schools.

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Approved: 11/14/67

Reviewed: 8/13/12; 2/11/13; 1/14/19

Revised:

201 Organization of Board of Directors

201.1 Organization of Board of Directors

The Board of Directors consists of five (5) members. Each member is elected at-large 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.

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Approved: 11/14/67

Reviewed:  1/14/19

Revised: 8/13/12; 2/11/13

201.2 Authority of the Board of Directors

The Board, acting on behalf of the District, shall have jurisdiction over school matters within the territory of the school district.

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

Because all powers of the Board derived from the state statutes are granted in terms of action as a group, individual Board members exercise authority over district affairs only as they vote to take action at a legal meeting of the Board. In other instances, an individual Board member, including the president, will have power only when the Board, by vote, has delegated authority. The Board will make its members, the district staff, and the public aware that only the Board acting as a whole has authority to take official action. Therefore, the Board may transact business only with a quorum present during a regular or special meeting.

Pursuant to the state statutes, any Board member shall not seek individually to influence the official functions of the District. The Board and its members will deal with administrative services through the superintendent and will not give orders to any subordinates of the superintendent either publicly or privately, but may make suggestions and recommendations.

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Approved: 11/14/67

Reviewed: 1/14/19

Revised: 8/13/12; 2/11/13

201.3 Powers & Duties of Board Members

The Board and the Board Members are authorized to govern the District, and in doing such, have three duties to perform: a legislative duty, an executive duty and an evaluative duty.

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

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

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

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 8/13/12

201.4 Election of Board Members

The election of citizens to the Board takes place on the second Tuesday in November of odd-numbered years. Each school election is used to elect citizens to the board to maintain a five (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 consistent with the deadlines provided in Iowa law.

If a vacancy occurs on the Board, it may be filled by an appointment consistent with Iowa law. If the board chooses to appoint, the Board Secretary shall post notice of the board’s intent to fill the vacancy by appointment in the district newspaper of general circulation. The notice must state that the electors of the school district have the right to file a petition requiring that the vacancy be filled by special election. The board may appoint to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later. The newly-appointed board member will hold the position until the next scheduled school election. However, if the next regular school election is within 180 days or less, then an appointment to fill the vacancy until the next regular school election may be made.

If the Board does not fill the vacancy by appointment, or if a valid petition is filed within 14 days of notice, the Board secretary will call for a special election to fill the vacancy. Candidates for a seat created by a vacancy must file their nomination papers with the Board secretary consistent with the deadlines provided in Iowa law.

All elections will be held as provided in Iowa law. It is the responsibility of the county commissioner of elections to conduct school elections.

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Approved: 2/13/89

Reviewed: 2/11/13

Revised: 8/13/12; 2/8/16; 1/14/19

201.5 Qualifications of Board Members

Any qualified elector of the District may be elected to serve on the Board at either a regular election or at a special election called to fill a vacancy on the Board.

A qualified elector possesses all the following characteristics:

1. Citizen of the United States;

2. Eighteen (18) years of age or older;

3. Eligible to be registered to vote in the District;

 

 

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Approved: 11/14/67

Reviewed: 2/11/13

Revised: 8/13/12; 1/14/19

201.6 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 annual school election at or before the organizational meeting of the Board. In the event of an appointment or special election to fill a vacancy, the new Board member will take the oath of office within ten (10) 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.

The oath shall be as follows:

“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 Spirit Lake Community School District as now and hereafter required by law?”

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Approved: 4/8/02

Reviewed: 1/14/19

Revised: 8/13/12; 2/11/13

202 Authority of Board of Directors and Board Members

202 Authority of Board of Directors and Board Members

The Board of Directors of Spirit Lake Community School District, acting on behalf of the school district, shall have jurisdiction over school matters within the territory of the school district.

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

The Board has these powers and all other powers and any broad and implied powers not inconsistent with the laws of the general assembly, or inconsistent with Administrative Rules, related to the operation, control and supervision of public schools in the district. 

Because all powers of the Board are granted in terms of action as a group, individual Board members exercise authority over district affairs only as they vote to take action at a legal meeting of the Board.  In other instances, an individual Board member, including the president, will have power only when the Board, by vote, has delegated authority.  The Board will make its members, the district staff, and the public aware that only the Board acting as a whole has authority to take official action.  Therefore, the Board may transact business only with a quorum present during a regular or special meeting. 

Pursuant to the state statutes and local board policy, any Board member shall not seek individually to influence the official functions of the District.  The Board and its members will deal with administrative services through the superintendent and will not give orders to any subordinates of the superintendent either publicly or privately, but may make suggestions and recommendations.

 

 

 

 

Approved: 9/9/19 

Reviewed:         

Revised:           

 

 

202.1 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 by a majority vote at the organizational meeting in odd- numbered years or at the annual meeting in even-numbered years to serve a one-year term of office. A member may be elected to successive one-year terms as president.

The president, in addition to presiding at the Board meetings, 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. However, 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 District, will sign employment contracts and sign other contracts and school district warrants approved by the Board. The board delegates to the Superintendent the authority to sign contracts for teachers and support staff, including bus drivers, custodians, education associates, and clerical and food service employees. The Board president will appear on behalf of the school corporation in causes of action involving the District, unless the Board president must appear individually as a party, in which case, this duty shall be performed by the secretary.

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Approved: 11/14/67

Reviewed: 1/14/19

Revised: 8/9/10, 2/11/13, 12/9/19

202.2 Vice-President

The vice-president shall serve in the absence of the president and shall perform such other duties as may be assigned by the president or by the Board. The vice-president will be elected by a majority vote at the September regular meeting each year to serve a one–year term of office. A member may be elected to successive one-year terms as vice-president.

The vice-president of the Board is elected by a majority vote at the organizational meeting in odd- numbered years or at the annual meeting in even-numbered years to serve a one-year term of office. A member may be elected to successive one-year terms as president.

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

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 those duties. 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.

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Approved: 2/12/07

Reviewed:

Revised: 8/9/10; 2/11/13; 1/14/19

202.3 Secretary

A Board secretary may be appointed from employees, other than a position requiring a teaching certificate, or from the public. To finalize the appointment, the Board secretary will take the oath of office during the meeting at which the individual was appointed or no later than ten (10) days thereafter.

It is the responsibility of the Board secretary, as custodian of the District’s 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 sign warrants drawn on the school funds after Board approval; and collect data on truant students. The Board secretary will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the Board secretary is unable to fulfill the responsibilities set out by the Board and the law, the superintendent will assume those duties until the Board secretary is able to resume the responsibility or a new Board secretary is appointed.

The Board provides a blanket bond for all employees including the board secretary.

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Approved: 4/12/77

Reviewed:

Revised: 2/22/10; 2/11/13; 1/14/19

202.4 Treasurer

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

The primary responsibility of the treasurer, as an appointed school officer, is to administer and maintain compliance with statutory duties as outlined throughout the Iowa Code pertaining to schools. It will also be the responsibility of the treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the District.

If the treasurer is unable or unwilling to carry out the duties required, it is the responsibility of the Superintendent to carry out the duties of the treasurer.

The board provides a blanket bond for all employees including the Board treasurer.

 

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Approved: 4/12/77

Reviewed:

Revised: 2/15/10; 2/11/13; 1/14/19

202.5 Board Committees

The Board may determine from time to time that Board committees may be required to assist the Board in its discharge of duties. In addition to any legally required committees, the Board may appoint standing committees with specific charges.

If the Board creates or appoints a committee, the Board and the committee will strive to follow all applicable federal and state laws. The Board and the committee will strive to follow state open meetings and public records requirements. The Board and the committee will also strive to follow state and federal requirements regarding gender balance on committees.

In no case shall a committee constitute a quorum of the Board of Directors.

Reports of Board committees shall be circulated in advance through the Superintendent's office, except in an emergency or as directed by the Board or President of the Board.

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Approved: 2/11/13

Reviewed: 1/14/19

Revised:

202.6 Advisory Committees to the Board

The Board will rely on various advisory committees to counsel it as one way to learn about the needs and desires of the District and its residents. The central purpose of all advisory committees is to contribute to the educational program by conducting studies, identifying problems, and developing recommendations that will help the Board in the decision making process. The ultimate authority to make decisions will continue to rest with the Board.

The Board may form citizens’ advisory committees at such times and for such specific purposes as the Board deems necessary. They will function until their assigned goal has been accomplished, or until the Board dissolves the committee. Generally, citizens' advisory committees will be assigned to investigate areas of the educational program that need development, change, or reorganization, and areas of community involvement in district affairs.

Members will be broadly representative of the community's population and will be chosen from among residents who have shown an interest in the topic to be studied, or who have a particular expertise relating to the topic.

Once activated, the committee will report periodically to the Board, keeping it informed of progress and problems. The Board may designate the intervals at which it will hear from the committee, but any significant developments will be reported as they occur. No announcement may be made by any committee or its members to the public or press until such release has been cleared with the Board.

The Board will provide citizens' advisory committees with a suitable meeting place and other required facilities until the Board dissolves the committees.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 9/17/12

203 Powers and Duties of Board Members

203.1 Board of Directors’ Code of Ethics

Members of the Board of Directors, as public officials, should strive to perform all the duties of office in an ethical manner.

In general, the Board members should operate within the code of ethics established by the Iowa Association of School Boards (IASB). The IASB Code of Ethics states:

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

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

AS A SCHOOL BOARD MEMBER:

1. I will listen.

2. I will respect the opinion of others.

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

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

   my school district community in the best possible way.

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

    personal advantage or for the advantage of my friends or supporters.

6. I will vote for a closed session of the board if the situation requires it, but I will consider

   “star chamber” or “secret” sessions of board members unethical.

7. I will recognize that to promise in advance of a meeting how I will vote on any proposition

    which is to be considered is to close my mind and agree not to think through other facts and

    points of view which may be presented in the meeting.

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

    than on business details.

9.  I will recognize that authority rests with the board in legal session and not with individual

     members of the board, except as authorized by law.

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

      of the board or their opinions.

11. I will express my honest and most thoughtful opinions frankly in board meetings in an

      effort to have decisions made for the best interests of the children and the education

      program.

12. I will insist that the members of the board participate fully in board action and recommend

      that when special committees are appointed, they serve only in an investigative and advisory

      capacity.

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

14. I will carefully consider petitions, resolutions and complaints and will act in the best

      interests of the school district.

15. I will not discuss the confidential business of the board in my home, on the street or in my

      office; the place for such discussion is the board meeting.

16. I will endeavor to keep informed on local, state and national educational developments of

      significance so I may become a better board member.

 

 

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

 

1. I will consider myself a trustee of public education and will do my best to protect it,

    conserve it, and advance it, giving to the children of my school district community the

    educational facilities that are as complete and adequate as it is possible to provide.

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

    attitudes of the school district to the community.

3. I will earnestly try to interpret the needs and attitudes of the school district community and

    do my best to translate them into the education program of the school district.

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

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

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

    of the people.

 

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

 

1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative,

    policy-forming body, not as an administrative officer.

2. I will recognize that it is my responsibility, together with that of my fellow board members,

    to see the school district is properly run and not to run them myself.

3. I will expect the school district to be administered by the best-trained technical and

    professional people it is possible to procure within the financial resources of the school

   district.

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

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

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

    written reports.

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

    been received.

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

9. I will give the superintendent power commensurate with the superintendent’s responsibility

   and will not in any way interfere with, or seek to undermine, the superintendent’s authority.

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

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

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

 

TO COOPERATE WITH OTHER SCHOOL BOARDS

 

1. I will not employ a superintendent, principal or teacher who is already under contract with

   another school district without first securing assurance from the proper authority that the

    person can be released from contract.

2. I will consider it unethical to pursue any procedure calculated to embarrass a

    neighboring board or its representatives.

3. I will not recommend an employee for a position in another school district unless I would

    employ the employee under similar circumstances.

4. I will answer all inquiries about the standing and ability of an employee to the best of my

    knowledge and judgment, with complete frankness.

5. I will associate myself with board members of other school districts for the purpose of

    discussing school district issues and cooperating in the improvement of the education program.

 

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Approved: 11/14/67

Reviewed: 1/14/19

Revised: 8/13/12; 2/11/13

203.2 Board of Directors’ Conflict of Interest

Members or officers of the Board shall not use their position with the District to place themselves in a more favored position to purchase anything for personal benefit.

No member of the Board shall have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, or the performance of services for the District. A member of the Board may not:

1.     Receive direct compensation from the District unless the Board member receives

        less than $20,000 per fiscal year or receives the compensation through a contract

        competitively bid in writing, publicly invited and open.

2.     Act as an agent for a school textbook or school supply company doing business with

             the District during the Board member’s term of office.

    3.     Be a statewide elected official or a state legislator.

    4.     Engage in outside employment or activity that is in conflict with the Board

                    member’s duties and responsibilities.

No member of the Board or their families may accept any gratuities, financial or otherwise, from any supplier of materials or services to the District.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 8/13/12; 8/10/20; 8/8/22

204 Qualifications of Board Members

204.1 Board Policy Development and Suspension

Board Policy Development

The Board shall develop and maintain a policy manual that provides a codification of its policy actions. Policies shall be reviewed on a regular basis to ensure relevance to current practices and compliance with the law.

The policies of the Board may be amended or revised by motion and/or resolution adopted at any meeting, provided notice of changes has been given. The superintendent of schools is authorized to submit written recommendations for revision of any existing policies as he deems necessary for the most efficient operation of the District. The superintendent will notify all employees whenever revisions, additions, or amendments are made. This notice procedure shall be required except for emergency situations, which shall be determined solely by the Board.

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 or attached to the agenda of the meeting in which the final action was taken to adopt the new or changed policy.

Board Policy Suspension

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.

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Approved: 11/14/67; 4/8/02

Revised: 1/14/19

Revised: 4/11/11; 9/17/12;

2/11/13; 9/16/13

204.2 Board Policy Review

The Board shall review the policy manual at least once every five (5) years. The Board may make a determination about the sections and/or series of the policy manual and the specific policies in the policy manual to be reviewed.

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Approved: 2/11/13

Reviewed:

Revised: 1/14/19

204.3 Development of Regulations

The Board of Directors delegates to the superintendent the function of formulating regulations designed to carry out the policies of the Board. These regulations will constitute the administrative regulations governing the schools.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised:

204.4 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 Handbook and the Staff Handbook 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.

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Approved: 2/11/13

Reviewed: 1/14/19

Revised:

205 Elections of Board Members

205.1 Board Meetings

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

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

Regular Meetings

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

Meetings will be held in the meeting place officially designated by the Board, which will be accessible to the public.

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

Organizational Meetings

An organizational meeting shall be held during the first regular meeting after the canvass of votes of the regular school election.

The meeting shall be called to order by the Secretary acting as temporary chairperson.

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

Special Meetings

Special meetings of the Board may be called at any time by the President or by the Secretary of the Board upon the written request of the majority of the Board. Written notice, stating the time and place of any special meeting and the purpose for which it is called, shall be delivered to each Board Member in sufficient time to allow for delivery of notice in advance of such meeting. No business other than that stated in the notice shall be transacted at such meeting.

Annual Meetings

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

Reconvened Meetings

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

Closed Session

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

Electronic Meetings

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

Work Sessions and Retreats

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

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Approved: 7/3/78

Reviewed:

Revised: 9/17/12; 2/11/13; 1/14/19

205.10 Public Participation at Board Meetings

The Board recognizes the importance of citizen participation in school district matters. In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the Board may set time aside for citizen participation, either at a specific time during the meeting or during the discussion of agenda items. If the pressure of business or other circumstances dictate, the board president may decide to not set time aside for citizen participation.

Citizens wishing to address the Board on a certain agenda item must notify the superintendent prior to the board meeting. Citizens wishing to present petitions to the Board may do so at this time. However, if a petition is presented, the Board will only receive the petition and not act upon it or its contents. The Board has the discretion to limit the amount of time set aside for public participation.

If the Board has set time aside for citizen participation and citizens wish to address the Board, the board president will recognize these individuals to make their comments at the appropriate time. The orderly process of the board meeting will not be interfered with or disrupted. Only those speakers recognized by the board president will be allowed to speak. Comments by others are out of order. If disruptive, the individual making comments or another individual causing disruption may be asked to leave the board meeting.

Individuals who have a complaint about an employee may ask the board to hear their complaint only after they have followed the board policy addressing citizens’ complaints. Students who have a complaint may ask the board to hear their complaint only after they have followed board policy addressing students’ complaints.

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Approved: 2/11/13

Reviewed: 1/14/19

Revised:

205.11 Grievances

Personnel Grievances

Communications, grievances, and complaints from personnel shall first be brought to the attention of the Superintendent of Schools before being brought before the Board of Directors. An employee or group of employees may at any time appeal a decision of the Superintendent to the Board.

Personnel desiring to address the Board on any matter shall direct their communication to the Superintendent of Schools and not to the individual members of the Board, except that copies of any communication to the Superintendent be sent to all members.

Complaints against any employee which arise from within the membership of the Board, or which come to the attention of the Board, except through the Superintendent, shall be referred to the Superintendent of Schools for decision. In case either the employee or the complainant is not satisfied with the decision of the Superintendent, appeal may be taken to the Board. No complaint shall be considered by the Board in any other manner.

Citizen's Grievances

Whenever a citizen is aggrieved at the action of any employee, such citizen may give information to the employee's immediate supervisor. In the event that the matter is not satisfactorily resolved, the appeal process will follow this order:

1. Other supervisory or administrative personnel in the line of responsibility

2. The Superintendent of Schools

3. The Board of Directors

No appeal will be heard by the Board of Directors and no charges against the employees will be investigated or acted upon by the Board unless reduced to writing, signed by the party bringing the same, and presented to the Board through the Superintendent of Schools. It is within the board’s discretion to determine whether to hear the complaint.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 11/9/09

205.2 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.

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Approved: 3/13/89

Reviewed: 2/11/13; 1/14/19

Revised: 9/17/12

205.3 Notification of Board Meetings

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

Public notice shall indicate the time, place, date and tentative agenda of the meeting, work session or retreat. The public notice shall be posted in a prominent place that is easily accessible to the public and is clearly designated for purpose of the same within the District’s office and/or the building where the meeting is to be held at least twenty-four (24) hours before the meeting is to occur.

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

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

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

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Approved: 2/12/79

Reviewed: 2/11/13; 1/14/19

Revised: 9/17/12

205.4 Quorum for Meetings

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

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 9/17/12

205.5 Board of Director’s 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, at 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 type written material which has been proofread for errors and retyped.

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Approved: 7/12/93

Reviewed: 2/11/13; 1/14/19

Revised: 8/9/10

205.6 Minutes of Board Meetings

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

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

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

A complete and accurate set of minutes will be made of each meeting and/or session of the Board as required by law. A complete and accurate set of minutes and complete audio recordings will be made of each closed session of the Board as required by law. The Board Secretary will be custodian of the minutes and audio recordings from a closed session, which shall be maintained as required by law.

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Approved: 7/12/93

Reviewed: 1/14/19

Revised: 8/9/10; 2/11/13

205.7 Rules of Order

In matters of procedure not covered by these policies, Robert's Rules of Order, Revised, shall govern. The subsequent policy provides matters or procedures which overrule Robert’s Rules of Order.

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Approved: 11/14/67

Reviewed: 1/14/19

Revised: 8/9/10; 2/11/13

205.7R1 Rules of Order Regulations

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.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

Revised: 8/9/10

205.8 Preparation and Dissemination of the 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.

It is the responsibility of the Board president and superintendent to develop the agenda for each Board meeting. 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 will be sent to the Board members 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 administrative 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.

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Approved: 11/14/67

Reviewed: 2/11/13; 1/14/19

 

Revised: 9/17/12

 

205.9 Voting Method During Board Meetings

Votes on all motions and resolutions will be by “ayes” and “nayes” and will be recorded based upon the individual member who is voting. All motions will be carried by a majority of the members present and voting or as otherwise required by law.

Final action on any matter before the Board may be taken only in open session, unless some other provision of the Code of Iowa permits action to be taken in closed session.

When the Board of Directors votes on the question of holding a closed session, the vote of each member and the reason for holding the closed session by reference to a specific exemption must be announced publicly at the open session and entered into the minutes.

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Approved: 2/11/13

Reviewed: 1/14/19

Revised:

206 Board Committees

206.1 Legal Counsel

The Board will annually appoint legal counsel to represent the corporation and to advise the Board on legal matters. Counsel will attend regular and special meetings of the Board when requested to do so, and will be available for consultation as needed.

Because it is often necessary to consult legal counsel and receive its expert opinion as part of background information to be used by the Board in making decisions, and because at times the District may be involved in litigation or other legal matters, the Superintendent, Board President and the District Secretary are authorized to seek counsel's services as needed. However, the Board wishes to be kept informed of legal matters that are other than routine, and of legal services that may involve extraordinary expense to the District.

Individual Board members are expected to consult school legal counsel only when the full Board of Directors has given permission for such consultation. Otherwise, the Board member will be expected to pay any legal fees that may result.

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Approved: 11/14/67

Reviewed: 1/141/19

Revised: 9/17/12; 2/11/13

206.2 Board Member Compensation and Expenses

Members of the Board of Directors serve without pay. Board members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties as allowed by law.

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. 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 District's record of the claim.

Personal expenses will be reimbursed by the Board member to the District no later than ten (10) working days following the date of the expense.

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 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.

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Approved: 11/14/67

Reviewed: 1/14/19

Revised: 9/17/12; 2/11/13