200 - BOARD OF DIRECTORS

200 - BOARD OF DIRECTORS Jen@iowaschool… Fri, 06/07/2024 - 08:10

200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn.gibson.cm… Wed, 06/19/2024 - 10:13

200.01 - Role of the Board of Directors

200.01 - Role of the Board of Directors

In this series of the board policy manual, the board shall define its role in the governance of the school district and how it will carry out that role in the school district community and in the school district.

The ultimate goal of the board shall be to achieve the educational philosophy of the school district.  As school officials elected by the members of the school district community, the board shall strive to represent the needs and wishes of the members of the school district community in its deliberations and actions.

While the board shall be aware of the desires of the school district community, the needs of the students in the Bennett Community School District shall be considered above others.  The board shall strive to meet the needs of the students through evaluation of the financial and educational benefits of the various alternatives available to the board and the school district.

 

 

Approved:  2-10-92              
Reviewed:  6-12-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:13

200.02 - Organization of the Board of Directors

200.02 - Organization of the Board of Directors

The Board of Directors of the Bennett Community School District derives its legal status from the constitution of the State of Iowa and the statutes enacted by the General Assembly.  The Board of Directors acts as an agent of the state in developing an educational program in accordance with the constitution and laws of the State of Iowa.  The Board shall consist of five (5) board members, all of whom shall be elected at large.

The Board of Directors is organized for the purpose of setting policy and providing general direction for the Bennett Community School District.  The Board of Directors shall hold its organizational meeting in odd-numbered years at the first regular meeting following the canvassing of election results.  The old Board of Directors shall transfer materials, including the board policy manual, and responsibility to the new Board of Directors.

 

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
  1. Current claims and accounts (for the retiring board to authorize.)
  1. Examine and settle the books for the previous year
  2. 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.
  3. Adjournment of the retiring board.

 

  1. 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 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:

  1. Board resolution of appreciation recognizing the public service rendered by retiring board members.
  2. Determination of dates, times, and places for regular meetings of the board
  3. Board resolution to define the operating rules and practices that will be followed by the new board
  4. Board resolution to authorize the interim payment of bills pursuant to policy 705.3
  5. Visitors
  6. Superintendent's report
  7. Adjournment

 

 

Legal Reference:  Iowa Code §§274.2, 277.28, .31, 279.1, .5, .7 (1991)
                                       281  Iowa Admin. Code 12.2(2)

Cross Reference:  100        Legal Status of School District
                                       200.3    Powers of the Board of Directors
                                       202        Board of Directors Members
                                       211.1    Annual Meeting

Approved:  2-10-92              
Reviewed:  6-12-23              
Revised:  3-13-17

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:14

200.03 - Powers of the Board of Directors

200.03 - Powers of the Board of Directors

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

The Board is empowered to make policy for its own governance, for the administration and staff, and for the school 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:  Iowa Code Chapter 28E, §§274.1, .2, 279.8 (1991)
                                       281 Iowa Admin. Code 12.1(2)

Cross Reference:  100        Legal Status of the School District
                                       200.4    Responsibilities of the Board of Directors
                                       210        Board of Directors Management Procedures

Approved:  2-10-92              
Reviewed:  6-12-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:16

200.04 - Responsibilities of the Board of Directors

200.04 - Responsibilities of the Board of Directors

The Board of Directors is authorized to govern the school district which it oversees.  As the governing board of the school district, the board has three (3) duties to perform: legislative duty, executive duty and its evaluative duty.

As a representative of the citizens of the district community, the Board is responsible for legislating policy for the school district.  As a policymaking 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 executive officer, the superintendent, to operate the school district on the Board’s behalf.  The Board shall delegate to the superintendent its authority to carry out board policy, to formulate and carry out all rules and regulations and to handle the administrative details in a manner which supports board policies.

The Board has a responsibility to review the educational program’s performance under its evaluative duty.  The Board shall review the educational program and ancillary services periodically.  This review is concerned with not only the amount of funds received or expended, but also with the educational program’s ability to achieve the mission statement of the board for the school district.  The review shall include a careful study and examination of the facts, conditions, and circumstances surrounding the program or service.

 

 

Legal Reference:  Iowa Code §§274.1, 279.1, .8, .15, .16, .20, .23-.25 (1991)

Cross Reference:  105        Educational and Operational Planning
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations
                                       600        Goals and Objectives of the Educational Program

Approved:  2-10-92              
Reviewed:  6-12-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:17

201 - Board of Directors' Elections

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 five member board 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
                                       202.3    Term of Office
                                       202.4    Vacancies
                                       203        Board of Directors’ Conflict of Interest

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  2-13-19

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:18

202 - Board of Directors Members

202 - Board of Directors Members dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.01 - Qualifications

202.01 - Qualifications

Serving on the Board of Directors is an honor and privilege.  Its rewards are respect from the community, the students, and the staff and satisfaction from knowing each board member contributed to the success of the children in your district community.  Only those who are willing to put forth the effort to care and to make a difference and who have the welfare of the children as their chief concern should consider running for a school board seat.

Any qualified elector of the school district is eligible to serve on the Board of Directors.  A “qualified elector” is a person who is:

  • a citizen of the United States;
  • eighteen years of age or older;
  • a registered elector of the school district or subdistrict.

Nomination petitions must be filed in the manner described by law.

 

 

Legal Reference:  Iowa Code Chapter 68B, §§277.4, .27 (1991)

Cross Reference:  201        Board of Directors Elections
                                       203        Board of Directors Member Conflict of Interest

Approved:  1-14-91              
Reviewed:  7-10-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.02 - Oath of Office

202.02 - Oath of Office

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

Each Director elected in a regular election will qualify by taking the oath of office on or before the time set for the organization meeting of the Board.  Each director appointed or elected at a special election will qualify within ten (10) days of appointment or election by taking the oath of office.  The election or appointment and qualification will be entered by the Board Secretary.  The oath may be administered by any qualified member of the Board or by the Board Secretary in the manner and form stated below:

“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 member of the Board of Directors in the Bennett Community School District as now and hereafter required by law?”

 

 

Legal Reference:  Iowa Code §§78.1, .2, 277.23, .27, .28, 275.25, 279.1 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                       201        School Elections

Approved:  1-14-91              
Reviewed:  7-10-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:20

202.03 - Term of Office

202.03 - 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        Board of Directors Members
                                       202.4    Vacancies

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  2-13-19

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:21

202.04 - Vacancies

202.04 - Vacancies

A vacancy requiring board action shall occur when the board member resigns, forfeits or otherwise leaves the office.  A vacancy shall also include, but is not limited to, the following:  failure to be properly elected, failure to qualify within time fixed by law, failure to reside in the school district and director district, a court order declaring the seat vacant, conviction of an infamous crime, three (3) violations of the open meetings law, and conviction of a public offense in violation of the oath of office.

If a vacancy does occur prior to the expiration of a term of office, the vacancy shall be filled by board appointment within thirty (30) days of the vacancy.  The newly-appointed board member shall hold the position until the next scheduled school election.  At that time the appointed board member may run for a four (4) year term, if one is available, or run for the remainder of the unexpired term.

If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than forty (40) days and not later than fifty (50) days after the vacancy occurs.  The board member elected at the special election shall serve the remaining portion of the unexpired term.

 

 

Legal Reference:  Iowa Code §§21.6(3)(d), 69, 277.28, .29, 279.6, .7 (1991)
                                       Good v Crouch, 397 N.W.2d 757 (Iowa 1986)

Cross Reference:  201        Board of Directors Elections
                                       202.1    Qualifications
                                       202.3    Term of Office

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  07-11-11

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:22

202.05 - Individual Authority

202.05 - Individual Authority

Each school district of the public education system in Iowa is governed by a locally-elected board of directors of the school corporation.  The board operates as a corporate body, and only the board may make decisions regarding the educational program and the operations of the school district.  Only the board has the power to take action affecting the school district.

Individual board members may only exercise their authority as a school board member when they vote to take action at a school board meeting.  Individual board members, alone, have no authority to make any decision or take any action to affect the management of the school district.  Without the consent of the board, an individual board member has no authority to act on behalf of the school district or the school board.

It shall be the responsibility of each board member and the superintendent to educate the public, staff and the students of the board member’s authority to take action that affects the school district only when voting in a school board meeting.

 

 

Legal Reference:  Iowa Code §§274.7, 279.8 (1991)

Cross Reference:  204        Board of Directors Member Code of Ethics
                                       211        Board of Directors Meetings

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:23

203 - Board of Directors' Conflict of Interest

203 - Board of Directors' Conflict of Interest

Board members must be able to make decisions objectively.  It shall be a conflict of interest for a board member to receive direct compensation from the school district for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.

A Board member shall not have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, and the performance of services for the school district unless the contract for the purchase of goods or services does not exceed two thousand five hundred dollars ($2500) in a fiscal year or the contract is made upon competitive bids in writing, publicly invited and opened.

The payment of compensation to any other family member shall be within the discretion of the board.

It shall be the responsibility of each Board member to be aware of potential conflict of this nature and to take the action necessary to eliminate such a conflict of interest should it arise.

 

 

Legal Reference:  James v City of Hamburg, 174 Iowa 301, 156 N.W. 394 (1916)
                                       Bag v Davidson, 133 Iowa 688, 111 N.W. 25 (1907)
                                       Iowa Code §§71.1, 277.27, 279.7A, 301.28 (1991)
                                       1986 Op. Att’y Gen. No. 85-2-6
                                       1984 Op. Att’y Gen. 23
                                       1982 Op. Att’y Gen 302
                                       1976 Op. Att’y Gen 89
                                       1974 Op. Att’y Gen 137
                                       1936 Op. Att’y Gen 237

Cross Reference:  204        Board of Directors Code of Ethics

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  8-14-00

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:24

204 - Code of Ethics

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 school 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 district and the children of my community in the best possible way.
  5. I will not use the schools or any part of the school 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 “secret” sessions of the 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 educational 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 hopes and most thoughtful opinions frankly in board meetings in an effort to have all decisions made for the best interests of the children and the schools.
  12. I will insist that all members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigating 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 upon the best interests of the school.
  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 being the school board meeting.
  16. I will endeavor to keep informed on local, state and national educational developments of significance so that I may become a better school board member.

IN MEETING MY RESPONSIBILITY TO MY 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 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 schools to the community.
  3. I will earnestly try to interpret the needs and attitudes of the community and do my best to translate them into the educational program of the schools.
  4. I will attempt to procure adequate financial support for the schools.
  5. I will represent the entire district rather than individual electors, patrons, or groups.
  6. I will not regard the schools as my own private property but as the property of the people.

IN MY RELATIONSHIP WITH SUPERINTENDENT AND STAFF

  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 that the schools are properly run and not to run them myself.
  3. I will expect the schools to be administered by the best-trained technical and professional people it is possible to procure.
  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 school board adequately informed through oral and written reports.
  7. I will vote to employ personnel only after the recommendation of the superintendent has been received.
  8. I will insist that contracts be equally binding on the teacher and the school 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 help to employ a superintendent, principal or teacher who is already under contract with another school 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 unless I would employ said employee under similar circumstances.
  4. I will associate myself with school board members of other districts for the purpose of discussing school problems and cooperating in the improvement of public-school conditions.

 

 

Legal Reference:  Iowa Code §§21.6(3)(d), 69, 277.28 (1991)

Cross Reference:  202        Board of Directors Members
                                       203        Board of Directors Member Conflict of Interest

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:25

205 - Security and Protection

205 - Security and Protection dawn.gibson.cm… Wed, 06/19/2024 - 10:27

205.01 - Board Security and Protection

205.01 - Board Security and Protection

Public bodies must feel free to meet in the public setting as required by law without concern of risk or personal injury.  The board shall take whatever action is necessary to maintain an orderly school board meeting, free from interference or interruption by spectators, and to keep the board members safe while complying with the open meetings law.

Individuals who threaten the board with violence or who are continuously disruptive may be asked to leave the meeting.  If the individuals do not leave, the board may have law enforcement officials escort the individual from the board meeting.  The board shall hire a security officer if the board members’ concern for safety or actions by spectators warrants it.

 

 

Legal Reference:  Iowa Code §§21.7, 2179.8, .28 (1991)

Cross Reference:  211        Board of Directors Meetings
                                      215        Public Participation in Board of Directors Meetings

Approved:  2-10-92              
Reviewed:  7-10-23       
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:27

205.02 - Board Member Liability

205.02 - Board Member Liability

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

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

 

 

Legal Reference:  Wood v Strickland, 420 U.S. 308 (1975)
                                      20 U.S.C. §§794, 1401 et seq.                   
                                      
42 U.S.C. §§1983, 1985 et seq.
                                      Iowa Code Chapter 613A (1991)
                                      1972 Op. Att’y Gen. 52

Cross Reference:  810.1    Insurance Program

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:28

206 - Board of Directors' Officers

206 - Board of Directors' Officers dawn.gibson.cm… Wed, 06/19/2024 - 10:29

206.01 - President

206.01 - President

It shall be the responsibility of the school board president to lead a well-organized board in an efficient and effective manner.  The school board president shall set the tone of the school 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 school board shall be elected by a majority vote at the organizational meeting each December to serve a one (1) year term of office.

The president, in addition to presiding at the school board meetings, shall take an active role in school 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, however, the board president shall pass the gavel to either the vice president or another member of the board.

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

The board president, as the chief officer of the school district, shall sign employment contracts and may 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.

 

 

Legal Reference:  Iowa Code §§279.1, .2, 291.1 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                      203.2    Oath of Office
                                      206.2    Vice-President

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  7-13-20

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:30

206.02 - Vice-President

206.02 - Vice-President

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

The vice-president of the school board shall be elected by a majority vote at the organizational meeting each December to serve a one (1) year term of office.

The vice-president shall serve until the next organizational meeting when a new vice-president shall be elected.  The vice-president shall accept the gavel from the president when the president wishes to make or second a motion.  The vice-president shall take an active role in school board decisions by discussing and voting on each motion before the board in the same manner as other board members.

 

 

Legal Reference:  Iowa Code §279.5 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                      202.2    Oath of Office
                                      206.1    President

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  7-13-20

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:31

206.03 - Secretary

206.03 - Secretary

It shall be the responsibility of the school board to annually appoint a board secretary.

A school board secretary shall be appointed from the district staff, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1 and no later than August 15, to serve a one (1) year term of office.  To finalize the appointment, the board secretary shall take the oath of office at the meeting at which the individual was appointed or no later than ten (10) days thereafter.

It shall be the responsibility of the secretary, as custodian of the school district records, to preserve and maintain the records and documents pertaining to the business of the board of directors, to keep complete minutes for special and regular board meetings, to keep a record of the results of regular and special elections, to keep an accurate account of school funds, and to sign warrants drawn on the school funds after board approval.  The secretary shall also be responsible for filing the required reports with the State Department of Education.

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

The secretary shall be covered by the single blanket bond that covers the employees of the district.  The cost of the bond will be paid by the school district.

 

 

Legal Reference:  Iowa Code §§277.27, 279.3, .5, .7, 291.2-.4, .6-.11, .15 (1991)
                                      281 Iowa Admin. Code 12.4

Cross Reference:  202.2    Oath of Office
                                      206.4    Treasurer

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  7-13-20

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:32

206.04 - Treasurer

206.04 - Treasurer

It shall be the responsibility of the school board to annually appoint a board treasurer from the district staff, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1, and prior to August 15 to serve a one (1) year term of office.  To finalize the appointment, the board treasurer shall take the oath of office at the meeting or no later than ten (10) days thereafter.

It shall be the responsibility of the treasurer to receive funds of the school corporation, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report the status of each fund at the annual board meeting and whenever the board requests, and to file required reports with the State Department of Education and other appropriate entities.

The treasurer shall 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 §§277.27, 279.3, 291.2-.4, .8, .11-.15 (1991)
                                       281 Iowa Admin. Code 12.3

Cross Reference:  202.2    Oath of Office
                                       206.3    Secretary

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:  7-13-20

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:33

206.05 - Student Ex-Officio Members of the Board of Directors

206.05 - Student Ex-Officio Members of the Board of Directors

The Board of Directors shall welcome the advice and counsel of students in planning and operating the schools.  High school students, currently enrolled, who are interested in serving as a student ex-officio member of the Board of Directors shall apply with the secretary of the Board or the superintendent.  Upon recommendation of the superintendent, the Board of Directors shall appoint one (1) student whose term of service shall be one (1) year.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:34

207 - Board of Directors' Legal Counsel

207 - Board of Directors' Legal Counsel

It shall be the responsibility of the board to employ legal counsel on an “as needed” basis 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 will appoint legal counsel at its annual meeting.

The superintendent shall have the authority to contact the school district’s legal counsel on behalf of the board when the superintendent believes it is necessary in the management of the school district.  The board president, with the authority of the board, may contact and seek advice from the school district’s legal counsel.  The school district’s legal counsel shall attend both regular and special school board meetings upon the request of the board or the superintendent.

It shall be the responsibility of the superintendent to keep the board apprised of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense to the school district.

It shall be the responsibility of each board member to pay the fees, if any, of an attorney they visit regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

 

 

Legal Reference:  Iowa Code §279.37 (1991)

Cross Reference:  202.5    Individual Authority

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:35

208 - Board of Directors' Self-Evaluation

208 - Board of Directors' Self-Evaluation

Periodically, the board may conduct an evaluation of itself.  The goal of the self-evaluation is not to criticize fellow board members but rather to point out to the board its weaknesses and its strengths.

The evaluation will focus on board policies, board meetings, the educational program, the financial management, the board members’ personal qualities, and board’s relationship with the superintendent, community and personnel.

It shall be the responsibility of the board president to develop a board evaluation program.

 

 

Legal Reference:  Iowa Code §§279.8, 280.12 (1991)

Cross Reference:  105        Educational and Operational Planning
                                       217        Board of Directors Relationship

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:36

209 - Committees of the Board of Directors

209 - Committees of the Board of Directors dawn.gibson.cm… Wed, 06/19/2024 - 10:37

209.01 - Ad Hoc Committees

209.01 - Ad Hoc Committees

The board may from time to time require committees made up of citizens, staff or students to assist the board in studying an issue.  Committees formed by the board shall be ad hoc committees.

Ad hoc committees will be formed by board resolution which shall outline the duties and goals of the committee.  The committee shall have no authority to take any action other than that specifically stated in the resolution.  The committees shall automatically dissolve upon the delivery of their 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 authorization to make the final decision about the issue.

The board president shall appoint, or the board shall elect, the necessary members to these committees to achieve the purpose stated by the board resolution.  The superintendent and a board member may serve on ad hoc committees.  The committee will select its own chairperson, unless the board designates otherwise.

 

 

Legal Reference:  Iowa Code §§279.8, 280.12 (1991)
                                       281 Iowa Admin. Code 23.3(3)
                                       1988 Op. Att’y Gen. 87-3-6

Cross Reference:  209.2    Citizens’ Advisory Committee

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:37

209.02 - Citizens’ Advisory Committee

209.02 - Citizens’ Advisory Committee

Whenever the board deems it necessary, it shall appoint an ad hoc committee of the board made up of citizens from the community to study an issue and make a recommendation to the board.

The purpose and duties of the ad hoc committee shall be stated in the board resolution.  The recommendation to the board shall be advisory in nature, and the board will receive the recommendation for consideration.  The board retains discretion to make the final decision about the issue. 

It shall be the responsibility of the board in conjunction with the superintendent to appoint citizens to the committee.  The committee members, if possible, will be representative of the district community and shall consider the various viewpoints on the issue.

 

 

Legal Reference:  Iowa Code §279.8 (1991)
                                       281 Iowa Admin. Code 12.3(3)
                                       1988 Op. Att’y Gen. 87.3.6

Cross Reference:  209.1    Ad Hoc Committees

Approved:  2-10-92              
Reviewed:  7-10-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:38

209.03 - Long Range Needs Assessment

209.03 - Long Range Needs Assessment

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectations of students and determines how well students are meeting student learning goals.  The board shall conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation as responsible citizens and successful wage earners.

In conjunction with the in-depth needs assessment of the school district, the board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

The Bennett School District will provide opportunities for local feedback on a continuous basis.  Reporting to parents and community members will be done in the following manner:

  • Parent/teacher conferences are held once each semester
  • The Superintendent’s School Improvement Committee, consisting of parents, community members, students, teachers, and administrators, meet once each year for the purpose of reporting student achievement data and developing annual district goals relative to school improvement.
  • Superintendent’s Annual Report is made available to the community.

It shall be the responsibility of the superintendent to ensure the school district community is informed of students’ progress on state and locally determined indicators.  The superintendent shall report annually to the board about the means used to keep the community informed.

As a result of the board and committee’s work, the board shall determine major educational needs and rank them in priority order, develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes report of student performance and results of school improvement projects; and annually report the school district’s progress made under the plan to the committee, community and Iowa Department of Education.

School districts also need to develop a process for long-range needs assessment.  The process needs to include three items

  • Provisions for collecting, analyzing and reporting information derived from local, state and national sources.
  • Provisions for reviewing information acquired on the following:

-state indicators and other locally determined indicators

-locally established student learning goals

-specific data collection required by state and federal programs

  • Provisions for collecting and analyzing assessment data on the following:

-state indicators

-locally determined indicators

-locally established student learning goals

 

 

Approved:  8-14-00              
Reviewed:  7-10-23              
Revised:  8-14-17

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:39

210 - Board of Directors Management Procedures

210 - Board of Directors Management Procedures dawn.gibson.cm… Wed, 06/19/2024 - 10:40

210.01 - Development of Policy

210.01 - Development of Policy

The Board believes its primary function is to set policy.  The policy should be in written form to provide guidelines and goals for daily operations of the school district.

Policies are principles adopted by the school board to chart a course of action.  They tell what is wanted; they may include why and how much.  Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance.  Policies are guides for action by the administration, which then sets the rules and regulations to provide specific directions to school district personnel.

The Board exercises its leadership role by its involvement in the development and adoption of written policy.  The Board exercises its control over the district by evaluating the reports concerning the execution of the written policy.

Policies may be proposed by any member of the Board, employee, citizen, student, superintendent, etc.  All policy proposals shall be submitted to the Board, through the superintendent of schools, prior to a regular or special Board meeting.  It shall be the responsibility of the superintendent to bring these proposals to the attention of the Board.

 

 

Legal Reference:  Iowa Code §§274.1, .2, 279.8, 280.12 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  200.4    Responsibilities of the Board
                                       210.2    Adoption of Policy
                                       210.3    Dissemination of Policy
                                       210.4    Suspension of Policy
                                       210.5    Administration in Absence of Policy
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:40

210.02 - Adoption of Policy

210.02 - Adoption of Policy

The adoption of new policies or amending or rescinding an existing policy is the exclusive responsibility of the Board.  Any formal action to add, modify, or change existing Board policy will be by a majority vote of the membership of the Board during an open meeting.  The proposed change must appear as an agenda item in normal situations at least two times before the Board may take official action to approve suggested changes to Board policy.

If passed, the proposal will become effective upon the date of passage or at a time stated in the proposal, whichever occurs last.

 

 

Legal Reference:  Iowa Code §279.8 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.3    Dissemination of Policy
                                       210.4    Suspension of Policy
                                       210.5    Administration in Absence of Policy
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations

Approved:  8-8-11                
Reviewed:  8-14-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:41

210.03 - Dissemination of Policy

210.03 - Dissemination of Policy

A board policy manual shall be housed in each office and online.  Each school board member shall have their own personal copy of the board policy manual.

It shall be the responsibility of the board secretary to ensure that copies of new and revised policy statements are distributed to the custodians of board policy manuals within ten (10) working days of the change or addition to the manual.  Copies of changes in board policy shall also be attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

It shall be the responsibility of each board member, during their term of office, to surrender the manual to the board secretary at the conclusion of their term of office.

 

 

Legal Reference:  Iowa Code §§277.31, 279.8 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.2    Adoption of Policy
                                       210.4    Suspension of Policy
                                       210.5    Administration in Absence of Policy
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:  8-18-20

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:42

210.04 - Suspension of Policy

210.04 - Suspension of Policy

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

Board policy shall not be suspended by the administration or school district personnel.  Policy may only be suspended by the Board.

 

 

Legal Reference:  Iowa Code §279.8 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.2    Adoption of Policy
                                       210.3    Dissemination of Policy
                                       210.5    Administration in Absence of Policy
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:43

210.05 - Administration in Absence of Policy

210.05 - Administration in Absence of Policy

When there is no board policy in existence to provide guidance on a matter before the administration, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the mission of the school district.

It shall be the responsibility of the superintendent to inform the board of the situation and the action taken.  The superintendent shall draft a proposed policy for the board to discuss at a board meeting.

 

 

Legal Reference:  Iowa Code §279.8 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  101        Educational Philosophy of the School District
                                       200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.2    Adoption of Policy
                                       210.3    Dissemination of Policy
                                       210.4    Suspension of Policy
                                       210.6    Review and Revision of Policy
                                       210.7    Review of Administrative Regulations

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:44

210.06 - Review and Revision of Policy

210.06 - Review and Revision of Policy

The Board shall, at least once every three years, meet as a committee of the whole to review the board policy manual.  If the policy has been reviewed, a notation of the month and year of review shall be made in the Table of Contents of each series.  If the policy has been revised, a notation of the month and year of revision shall be made on the face of the policy statement.

It shall be the responsibility of the superintendent to keep the Board informed as to the law changes at both the federal and state levels.  The superintendent shall also be responsible for bringing proposed policy statement revisions in compliance with new laws to the board’s attention.  The board of directors shall notify all employees whenever revisions, additions, amendments and/or deletions are made.

 

 

Legal Reference:  Iowa Code §279.8 (1991)
                                       281 Iowa Admin. Code 12.3(2)

Cross Reference:  101        Educational Philosophy of the School District
                                       200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.2    Adoption of Policy
                                       210.3    Dissemination of Policy
                                       210.4    Suspension of Policy
                                       210.5    Administration in Absence of Policy
                                       210.7    Review of Administrative Regulations

Approved:  8-11-14              
Reviewed:  8-14-23              
Revised:  3-13-95

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:45

210.07 - Review of Administrative Regulations

210.07 - Review of Administrative Regulations

Administrative regulations shall be developed by the superintendent or a designee.

Although the Board wishes to be kept informed of regulations that are written to implement its policies, it will not formally review, change, or veto administrative regulations unless they are, in the Board’s judgment, contrary of the intent established Board policy.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  101        Educational Philosophy of the School District
                                       200.4    Responsibilities of the Board
                                       210.1    Development of Policy
                                       210.2    Adoption of Policy
                                       210.3    Dissemination of Policy
                                       210.4    Suspension of Policy
                                       210.5    Administration in Absence of Policy        
                                       210.6    Review and Revision of Policy
                                       306        Development and Enforcement of Administrative Rules

Approved:  1-14-91              
Reviewed:  8-14-23              
Revised:  2-10-92

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:46

211 - Board of Directors Meetings

211 - Board of Directors Meetings dawn.gibson.cm… Wed, 06/19/2024 - 10:48

211.01 - Annual Meeting

211.01 - Annual Meeting

Each year after July 1 and prior to the organizational meeting of the Board, the Board shall hold its annual meeting.

At the annual meeting, the Board shall 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 shall present affidavits from depository banks.

The Board, at this meeting, shall also appoint a board secretary and a board treasurer.  In the Board’s discretion, one individual may serve as both the secretary and treasurer.  The Board may also appoint the board’s legal counsel.

 

 

Legal Reference:  Iowa Code §§279.3, .33 (2000)

Cross Reference:  206.3    Secretary
                                       206.4    Treasurer
                                       701.1    Depository of Funds
                                       707        Fiscal Reports

Approved:  8-11-14              
Reviewed:  8-14-23              
Revised:  8-13-01

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:48

211.02 - Regular Meeting

211.02 - Regular Meeting

The regular meeting time and date shall be set by the Board at its organizational meeting each September.  Regular meetings of the Board will be held on the second (2nd) Monday of each month except in September when the regular meeting shall be held on the Monday following the canvass of the election results.  These meetings will be held at the Board Room in Bennett.

The meetings shall begin promptly at 7:00 p.m.  If the second (2nd) Monday should fall on a day designated for a specific purpose by the local, state, or federal governments, the board shall meet on another date so specified by the Board.

The Board shall adhere to this meeting date unless the Board requires additional meetings or, due to circumstances beyond the Board’s control, the meeting could not be held on the regular meeting date.  Public notice shall be given for meetings in compliance with the law.

 

 

Legal Reference:  Iowa Code §§21.4, 279.1 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                       211.3    Special Meeting
                                       211.5    Meeting Notice

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:49

211.03 - Special Meeting

211.03 - Special Meeting

From time to time, it may be necessary to conduct a board meeting instead of or in addition to the regularly scheduled board meeting.  Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the board.  Should a special meeting be called, public notice shall be given.

If the special meeting called is an emergency meeting and board cannot give public notice in its usual manner, the board shall give advance public notice of the meeting as soon as practical and possible in light of the circumstances surrounding the emergency.  The reason for the emergency meeting and why notice in its usual manner could not be given shall be stated in the minutes.

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

 

 

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:50

211.04 - Work Sessions

211.04 - Work Sessions

Work sessions for the Board may be conducted to discuss issues in depth.  A work session may be called by a majority of the Board, the board president or the board secretary upon the written request of a majority of the Board.  Should a work session be called, public notice shall be given.

Action will not be taken on an issue in a work session.  Minutes will be kept of the discussion on the issues discussed by the Board.

 

 

Legal Reference:  Iowa Code §§21.4, 279.2 (1991)

Cross Reference:  200.2    Organization of Board of Directors
                                       211.2    Regular Meeting
                                       211.5    Meeting Notice

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:51

211.05 - Meeting Notice

211.05 - Meeting Notice

Public notice of regular or special meetings of the Board of Directors shall be provided by posting the agenda on a bulletin board at the central administration office and at the site of the board meeting.  Notice shall be given at least twenty-four (24) hours prior to the commencement of each meeting, and should include the time, date, place and tentative agenda.  Notice shall be provided to the news media and to others who have filed a request for notice with the secretary of the Board.  All requests for notice must be renewed annually.

Notice of the call of a special meeting shall be given to each Board member in writing and mailed to the Board member’s home at least twenty-four (24) hours before the meeting.  The notice shall specify the time, date, place, and purpose (tentative agenda) of the meeting.  Attendance at the special meeting shall constitute a waiver of notice.

An emergency meeting may be called with less than twenty-four (24) hour notice when the board is required to meet for good cause and to take immediate action.  In an emergency, when it is not possible to give twenty-four (24) hours notice, the board secretary shall notify the media who have requested notification, by telephone, and post the meeting notice, as far in advance of the meeting as possible.  The minutes of such an “emergency” meeting should clearly state the good cause justifying the emergency meeting.

 

 

Legal Reference:  Iowa Code §§21.4, 279.1, .2 (1991)

Cross Reference:  200.2    Organization of the Board of Directors
                                       211.2    Regular Meeting
                                       211.3    Special Meeting
                                       214        Board of Directors Meeting Agenda

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:51

211.06 - Quorum

211.06 - Quorum

The majority of the full membership of the Board of Directors constitutes a quorum and must be present for the transaction of business.  The adjournment of a meeting may be executed without a quorum.

An affirmative vote of a majority of the board members present shall be sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

 

 

Legal Reference:  Iowa Code §279.4 (1991)

Cross Reference:  211.7    Rules of Order
                                       211.8    Methods of Voting

Approved:  2-20-08              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:52

211.07 - Rules of Order

211.07 - Rules of Order

An orderly board meeting allows the Board members to participate in the discussion and decision about 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.

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

The Board shall follow Robert’s Rules of Order except as modified by the Board.

 

 

Legal Reference:  Iowa Code §§21.7, 279.8 (1991)

Cross Reference:  206.1    President
                                       211.6    Quorum
                                       211.8    Methods of Voting

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:53

211.08 - Method of Voting

211.08 - Method of Voting

In keeping with the public nature of the meeting, votes by the Board, except those required by law to be roll call, shall be by voice of “aye” or “nay” unless a Board member requests a roll call vote.

It shall be the responsibility of the board secretary to record the vote of each Board member in the minutes of the school board meeting.

 

 

Legal Reference:  Iowa Code §§21.3, 279.8 (1991)

Cross Reference:  211.6    Quorum
                                       211.7    Rules of Order
                                       213        Closed Meetings of the Board of Directors

Approved:  2-10-92              
Reviewed:  8-14-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:54

212 - Open Meetings

212 - Open Meetings

A gathering of a majority of school board members in which deliberation, rather than socialization or ministerial action, of an issue within the jurisdiction of the Board takes place is a school board meeting.  Meetings of the Board shall be conducted in open session unless the meeting is specifically closed.

It shall be the responsibility of the board secretary to provide public notice.

 

 

Legal Reference:  Iowa Code Chapter 21, §§279.1, .2 (1991)
                                       1980 Op. Att’y Gen. 146

Cross Reference:  211        Board of Directors Meetings
                                       213        Closed Meetings of the Board of Directors
                                       214        Board of Directors Meeting Agenda

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:55

213 - Closed Meetings

213 - Closed Meetings

Generally, board meetings shall be open meetings, unless a closed meeting is provided for under the law.  The Board shall hold a closed meeting in the situations listed below.

Exceptions to the Open Meeting Law

The following closed meetings take place as part of an open meeting.  The item for discussion in the closed meeting shall be listed as part of the tentative agenda on the public meeting notice.  The motion for a closed meeting, stating the purpose for the closed meeting, shall be made and seconded during the open meeting.  A minimum of four (4) board members, or all of the board members present, must vote in favor of the motion on a roll call vote.  Closed meetings shall be taped recorded and have detailed minutes kept by the board secretary.

The minutes and tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended.  The tape recordings and the written minutes shall be kept for one (1) year from the date of the meeting.  Real estate related minutes and tapes will be made public after the real estate transaction is completed.

Other than the courts, only those with the permission of a majority of the board may listen to the tape or review the minutes.  Persons who were present at the closed meeting may only listen to the portion of the tape or review the section of the minutes for which they were present.  The board has complete discretion as to who may be present at a closed session.

Final action on matters discussed in the closed meeting shall be taken in an open meeting.  Reasons for the board entering into a closed meeting from a public meeting include, but are not limited to the following:

  1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the Board’s possession or receipt of federal funds.
  2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is eminent, if disclosure would be to the disadvantage of the Board.
  3. To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open session is requested by the student or the student’s parent or guardian.
  4. To discuss specific law enforcement matters which, if disclosed, would enable law violators to avoid detection.
  5. To evaluate the professional competence of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual’s reputation and when the individual requests closed session.
  6. To discuss the purchase of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the Board would have to pay for the property.

Exemptions to the Open Meetings Law

As meetings of this type are exempt from the open session requirements, they can be held without public notice, be separate from any open public meeting, be held without taping the meeting or taking minutes, and be held without a vote or motion.  The Board may hold a closed meeting for the following purposes:

  1. To discuss strategy in matters, relating to employment conditions, such as wage, hours, vacation, insurance, holidays, leave of absence, shift differential, overtime compensation, supplemental safety matters, evaluation procedures, procedures for staff reduction and in-service training; and
  2. To conduct a private hearing relating to the recommended termination of a teacher’s contract, and the teacher requested said private hearing.

The private hearing in the teacher’s contract termination shall be recorded verbatim by a court reporter.  There are no legal requirements for any type of a record to be maintained of the negotiation strategy session.

 

 

Legal Reference:  Iowa Code Chapters 20 and 21, §§22.7, 279.15, 279.16 (1991)
                                       1982 Op. Att’y Gen 162

Cross Reference:  211        Board of Directors Meetings
                                       212        Open Meetings of the Board of Directors
                                       214        Board of Directors Meeting Agenda

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:58

213 - Public Participation in Board of Directors Meetings

213 - Public Participation in Board of Directors 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 aside a specific time for public comment.

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 to the board 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.  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 of any matter during public comment.

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

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

Cross Reference:  205        Board Member Liability
                                       210.8    Board Meeting Agenda
                                       214        Public Hearings
                                       307        Communication Channels
                                       401.4    Employee Complaints
                                       402.5    Public Complaints About Employees      
                                       502.4    Student Complaints and Grievances

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:  2-8-93

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:56

213.01 - Public Complaints

213.01 - 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:

  1. Matters should first be addressed to the teacher or employee.
  2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal.
  3. Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.
  4. 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.

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.

 

 

Legal Reference:  Iowa Code §279.8

Cross Reference:  210.8    Board Meeting Agenda
                                       213        Public Participation in Board Meetings
                                       307        Communication Channels

Approved:  1-14-19              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 10:57

214 - Board of Directors Meeting Agenda

214 - Board of Directors Meeting Agenda dawn.gibson.cm… Wed, 06/19/2024 - 11:00

214.01 - Board Meeting Agenda

214.01 - Board Meeting Agenda

An agenda with appropriate enclosures will be prepared and delivered or mailed to schools and to each Board member by the superintendent.  These should reach the members of the Board sufficiently in advance of the meeting to allow adequate time for study and review.

The agenda for each regular and special meeting shall be posed at the administrative office at least 24 hours prior to the time of said meeting.  Action on any item can only take place with items on the agenda as published.  These provisions do not preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda, which any member of the public may wish to bring before the board, provided that no action is taken by the Board on such matters at the same meeting at which such testimony is taken.

Individuals or groups who wish to place an item on the agenda should do so by contacting the Board’s secretary.  Requests should include name, address, phone number, organization represented, purpose of the presentation, and pertinent background information.  To be included on the regular meeting agenda, requests must be received by the superintendent not later than twenty-four (24) hours prior to the meeting.

 

 

Legal Reference:  Iowa Code Chapter 21, §279.8 (1991)

Cross Reference:  206        Board of Directors Officers
                                       211        Board of Directors Meetings
                                       214.2    Order of Regular Board of Directors Meetings
                                       215        Public Participation in Board of Directors Meetings
                                       218        Board of Directors Records
                                       1001.1  Examination of School District Records

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:  5-10-99

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:00

214.02 - Order of Regular Board of Directors Meeting

214.02 - Order of Regular Board of Directors Meeting

The Board shall conduct an orderly board meeting.  The Board will, at all regular board meetings, follow an agenda order similar to:

  1. Call to Order

2.    Declaration of Quorum

3.    Adoption of Agenda

4.    Business Functions

5.    Public Speaks

       A.  Staff

6.    Reports/Information

       A.  Administrative Reports

7.    Unfinished Business

8.    Personnel

9.    New Business

10.  Announcements

11.  Adjournment

The tentative agenda shall be specific enough to properly inform the public of the business before the Board.  The tentative agenda can be amended within the 24-hour notice period only if good cause exists requiring action on additional matters.  If such matters are added, a statement to that effect should be entered in the minutes, and as much advance notice as possible should be given to the public and the media.  This is not meant to prevent the Board or members of the public or the staff from introducing items for discussion only; action on discussion items, however, must normally be deferred to a subsequent meeting when the legally required notice can be given.

 

 

Legal Reference:  Iowa Code Chapter 21 (1991)

Cross Reference:  211        Board of Directors Meetings
                                       214.1    Board of Directors Agenda
                                       215        Public Participation in Board of Directors Meetings
                                       218        Board of Directors Minutes
                                       1001.1  Examination of School District Records

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:  5-10-99

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:01

215 - Public Participation in Board of Directors Meetings

215 - Public Participation in Board of Directors Meetings

The Board encourages public attendance and participation in its board meetings.  The Board meets on a regular schedule of open public meetings to conduct the official business of the school district.  The public is asked to recognize that time limitations require the Board to adopt procedures to assure an orderly process during the meeting.

In order to facilitate a productive, orderly meeting, persons who wish to address the Board should do so by contacting the Superintendent, Board President, or Board Secretary at least 24 hours prior to the meeting.  If the stated subject is on the agenda, the speaker will be heard at the time that agenda item is initially brought up for discussion by the Board.  Other speakers will also be recognized at the discretion of the Chair, if time permits.  To insure fairness and efficiency, speakers are asked to keep comments as brief as possible, not to exceed five minutes.

Only those individuals recognized by the Chair shall be permitted to participate in the discussion.  Any attempt by persons not so recognized to discuss any motion before the Board, is out of order.  It shall be in order for the members of the Board, after first gaining recognition of the Chair, to interrupt the speaker to ask questions and clarify the discussion.  The Chair shall permit and conduct adequate discussion of each item by Board members, staff and audience.  In general, no more than five minutes will be allowed for public comments.  Should additional time be needed, a motion to extend the discussion time may be made by any Board member. 

If a topic is not on the agenda, persons may address the Board in the Public Forum item of the agenda.  If an issue is raised which will require the preparation of an agenda item, it will be referred to the superintendent for such preparation, and the person raising the issue will be informed of the meeting when it will appear on the agenda.  The Correspondence item of the agenda is designed for written comments from the public, not discussion.

 

 

Legal Reference:  Iowa Code Chapter 21, §279.8 (1991)

Cross Reference:  205.1    Board of Directors Member Security and Protection
                                       211        Board of Directors Meetings
                                       216        Public Hearings
                                       402.5    Citizens’ Complaints
                                       1004      Public Participation in the School District

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:  5-10-99

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:02

216 - Public Hearings

216 - Public Hearings

Public hearings may be held by the Board on school district matters at the discretion of the board.  Public notice of a public hearing shall be in the same manner as for a school board meeting except that the notice shall be ten (10) days before the hearing is to be held.

At public hearings citizens who register at the door will be allowed to speak to 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 and no longer than five (5) minutes in length.  Prior to the beginning of the hearing, speakers and spectators will be apprised of any rules of order to be followed in regard to time limitations, questions, remarks, rebuttals and so forth.  In no event will a speaker be allowed to take the time of another speaker.

The Board shall conduct public hearings in an orderly fashion.  At the beginning of the hearing, statements and support and background materials will be presented.  The board president shall then recognize the speakers.  A board member may ask questions of the speakers after receiving permission from the Chair.  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 of the Board shall be asked to leave.

 

 

Legal Reference:  Iowa Code §§24.9, 279.8 (1991)

Cross Reference:  211        Board of Directors Meetings
                                       215        Public Participation in Board of Directors Meetings
                                       803.3    Public Review of the Budget

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:03

217 - Board of Directors Relationships

217 - Board of Directors Relationships dawn.gibson.cm… Wed, 06/19/2024 - 11:04

217.01 - Board of Directors and Superintendent

217.01 - Board of Directors and Superintendent

The superintendent is hired by the Board as the chief executive officer of the Board to mange the day-to-day operation of the school district.  The Board shall set policy to guide the superintendent and shall not be involved in the day-to-day operations of the school district.

The superintendent shall work closely with the Board, particularly the board president, to carry out and implement the policies of the Board, to advise the Board, to provide information to the Board, to offer alternative solutions to the Board with a recommendation, and to do other such duties the Board determines.

The superintendent shall attend all board meetings unless the superintendent has been excused by the Board president.

 

 

Legal Reference:  Iowa Code §§279.8, 279.20 (1991).

Cross Reference:  302.1    Administration and Board of Directors
                                       303        Superintendent
                                       305        Reduction in Administrative Personnel

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:05

217.02 - Board of Directors and District Personnel

217.02 - Board of Directors and District Personnel

School district personnel will be utilized for their expertise to provide information to the Board and to take part on advisory committees when necessary.

The Board must remain objective about each employee.  Personnel complaints, requests for changes and so forth must go first to the building principal and then to the superintendent unless the superintendent is the employee’s immediate supervisor.  The Board shall only become involved with personnel issues when the Board is acting on recommendation of the superintendent in the employment of school district personnel and when the Board is acting as a hearing panel to discuss the termination of an employee.

 

 

Legal Reference:  Iowa Code Chapter 21, §§279.8, .12-.18 (1991).

Cross Reference:  401.5    Staff Complaints
                                       401.7    Relations to Administration and to the Board
                                       401.8    Involvement in Decision-Making

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:06

217.03 - Board of Directors and Adjoining District Board of Directors

217.03 - Board of Directors and Adjoining District Board of Directors

The Board may work with adjoining school district boards to provide additional opportunities in the school district’s educational programs as well as to operate the school district more economically and efficiently.  As part of this joint effort, the Board shall pay particular attention to opportunities to share students, programs and school district personnel.

 

 

Legal Reference:  Iowa Code Chapter 28E, §§279.8, 280.15, 442.39 (1991).
                                       1978 Op. Att’y Gen. 64

Cross Reference:  410.2    Shared Certified Personnel

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:06

217.04 - Board of Directors and Area Education Agency

217.04 - Board of Directors and Area Education Agency

The Board shall utilize the resources of Mississippi Bend Area Education Agency (AEA) such as educational materials and staff resources, particularly in the area of special education.  Support may include, but not be limited to, school psychologists; speech therapists; nurses; physicians; staff development; education consultant; media resources; dentists; and aides who work directly with students in the educational process.

The Board may also utilize the AEA to work with other school districts in the region for program offerings as well as purchase of supplies.

 

 

Legal Reference:  Iowa Code Chapter 28E and 273, §279.8 (1991)
                                       1978 Op. Att’y Gen. 64

Cross Reference:  610        Special Education

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:  5-10-99

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:07

217.05 - Board of Directors and Elected Officials

217.05 - Board of Directors and Elected Officials

Being aware of, and expressing their opinion on, proposed law revisions and new laws is essential to maintaining and creating an educational program to meet the needs of the school district community.

It shall be the responsibility of the board to remain in contact with elected officials representing the school district.  It shall be the responsibility of the superintendent to assist the Board in keeping up-to-date on proposed law and in contacting the elected officials who represent the school district.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  604.6    Special Education
                                       302.4    Administration and Area Education Agency

Approved:  2-10-92              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:08

218 - Board of Directors Records

218 - Board of Directors Records dawn.gibson.cm… Wed, 06/19/2024 - 11:09

218.01 - Board of Directors Records

218.01 - Board of Directors Records

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

It shall be the responsibility of the board secretary to keep the minutes of the school board meetings.  The minutes of each meeting shall include as a minimum the following items:  a record of date, time, place, members present, action taken and the vote of each member with the schedule of bills allowed attached.  The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes.  This information shall be furnished within two (2) weeks of the meeting, to be published in a newspaper designated as a newspaper for official publication.  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 office of the superintendent after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.

 

 

Legal Reference:  Iowa Code Chapters 21 and 22, §§279.8, .35, .36, 291.6 (1991)
                                       1974 Op. Att’y Gen. 403
                                       1988 Op. Att’y Gen. 87-3-6
                                       281 Iowa Admin. Code 12.3(1)

Cross Reference:  213        Closed Meetings of the Board of Directors
                                       1003      Duplicated or Printed Materials

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:09

218.02 - Board of Directors Meeting Minutes

218.02 - Board of Directors Meeting Minutes

Since the official minutes of the board are the only basic 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 seconded 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 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 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 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 organizational meeting in September, the minutes should reflect the following:

 

26.         Appointment of a temporary chairperson if not specified by policy.

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

28.         Nominations taken for the office of president and vice-president.

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

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

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

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

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

34.         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.

35.         Voting rotation when a roll call vote is used if so desired by the board.

 

 

Approved:  2-10-03              
Reviewed:  9-11-23              
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:10

219 - Board of Directors Member Services

219 - Board of Directors Member Services dawn.gibson.cm… Wed, 06/19/2024 - 11:17

219.01 - Association Memberships

219.01 - Association Memberships

Participation in board member associations can assist the Board.  The Board may 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 (1991)

Cross Reference:  219.2    Board of Directors Member Development and Training
                                       219.4    New Board of Directors Member Orientation

Approved:  2-10-92              
Reviewed:  10-09-23                          
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:17

219.02 - Board of Directors Member Development and Training

219.02 - Board of Directors Member Development and Training

Individual Board members provide a vital public service to the school district by serving on a Board that is confronted by a dynamic array of issues challenging public education on the local, state and national levels.

It is in the best interest of the students and communities served by the schools that Board members be provided with ongoing development opportunities on local, regional, state and national levels.

Board members are encouraged to participate in development programs at district expense whenever the program reasonably appears to be beneficial to the Board/District operations.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  219.1    Association Membership
                                       219.4    New Board of Directors Member Orientation

Approved:  1-14-91              
Reviewed:  10-09-23                          
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:18

219.03 - Board of Directors Member Compensation and Expenses

219.03 - Board of Directors Member Compensation and Expenses

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

 

 

Legal Reference:  Iowa Code §§277.27, 279.32 (1991)

Cross Reference:  203        Conflict of Interest

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:19

219.04 - New Board of Directors Member Orientation

219.04 - New Board of Directors Member Orientation

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

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

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

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  219.1    Association Membership
                                       219.2    Board of Directors Member Development and Training

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:20

220 - School Visitation by Board of Directors

220 - School Visitation by Board of Directors

Board of Directors members are always welcome to visit the school building to observe the operations of the school district.  Board of Directors members shall notify the administrative office when they are in the building for board-related business.

It shall be the responsibility of each board member to check in with the administrative office when they are in the building for board-related business.

 

 

Legal Reference:  Iowa Code §279.8 (1991)

Cross Reference:  202.5    Individual Authority
                                       1004.5  Visitors to the School Facility

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:22

221 - Gifts to Board of Directors Member

221 - Gifts to Board of Directors Member

Board members may receive a gift on behalf of the school district.  Board members shall not, either directly, 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 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 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 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 of 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 of 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 information 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 expense 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 members has participating or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
  • A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as a board member but, rather because of some special expertise or other qualification.

 

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

 

 

Legal Reference:  Iowa Code ch. 68B (1993)
                                       Iowa Code Supp. Ch. 68B (1993)
                                       1972 Op. Att’y Gen. 276
                                       1970 Op. Att’y Gen. 319

Cross Reference:  203        Board Member Conflict of Interest
                                       402.4    Gifts to Employees

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:  3-13-95

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:23

222 - Negotiations

222 - Negotiations

In the process of collective bargaining, the Board shall endeavor to bargain in good faith on mandatory subjects of collective bargaining.  The Board shall select a chief spokesperson who shall have the authority to represent the Board in the phases of collective bargaining including, but not limited to, reaching tentative agreement.  Only the Board has the authority to ratify master labor agreements.

Upon appointment of the chief spokesperson, negotiations between certified bargaining unit and its members shall be directed to the Board’s chief spokesperson.  Individual board members shall not be contacted directly by members of, or representatives for, the bargaining unit concerning issues relating to the negotiation process.

The Board, in conjunction with their chief spokesperson, shall determine the composition of management’s bargaining team.

The Board shall be responsible for determining the composition of the school district’s collective bargaining meet and confer teams.  In developing these teams, the board shall consider the nature of the employee group, the individuals’ familiarity with or expertise in the area represented by the employee groups, and team continuity and consistency.

The Board shall set the parameters and goals for the negotiations and meet and confer process.  Periodic strategy sessions shall be considered with the entire board to maintain open communications between the board, the meet and confer teams, and the chief spokesperson throughout the negotiations process.

 

 

Legal Reference:  Burlington Community School District v. Public Employment Relations Board, 268 N.W.2d 517 (Iowa 1978)
                                       621 Iowa Admin. Code 6
                                       1982 Op. Att’y Gen. 162
                                       Iowa Code §§20.17, 21.9 (1991)

Cross Reference:  400        Personnel

Approved:  2-10-92              
Reviewed:  10-09-23            
Revised:             

 

dawn.gibson.cm… Wed, 06/19/2024 - 11:25