Code No. 200 Board of Directors

200 Legal Status of School District

This school district is organized as a school corporation pursuant to the Constitution of the State of Iowa and Iowa law, and known as Interstate 35 Community School District.

The Interstate 35 Community School District (the “District”) is located in Madison County, Iowa.  The District’s affairs are conducted by elected school officials, the Interstate 35 Community School District Board of Directors (the “Board”).  The District and the Board have exclusive jurisdiction over school matters in the territory of the school district.

Code No. 201.1 Organization of Board of Directors

The Interstate 35 Community School District board is authorized by and derives its organization from Iowa law.  The Board shall consist of five (5) board members.  The District shall be divided into four director districts as closely matched as possible by population as provided in Section 275.23A, Code of Iowa.  One director shall be elected from each director district.  One director shall be elected at large.  Nominated candidates for each director district shall be voted on by all the eligible voters of the entire district.

The Board is organized for the purpose of setting policy and providing general direction for the District.  The Board shall hold its organizational meeting in each odd-numbered year at the first regular meeting following the canvass of votes.  The retiring Board shall transfer materials, including the Board policy manual, and responsibility to the new Board.

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 201.2 Powers of the Board of Directors

The Board of the Interstate 35 Community School District, acting on behalf of the District, shall have jurisdiction over school matters within the territory of the District.

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

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

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

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

 

Reviewed:  February 16, 2009

Revised/Reviewed: February 1, 2021

Code No. 201.3 Duties of Board of Directors

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

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

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

The Board has a responsibility to review the education program’s performance under its evaluative duty.  The Board regularly reviews the education program and ancillary services.  The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program’s ability to achieve the Board’s educational philosophy for the District.

 

Reviewed:  February 16, 2009

Revised/Reviewed: February 1, 2021

Code No. 202 Authority of Board of Directors and Board Members

The Board of Directors of Interstate 35 Community School District, acting on behalf of the school district, shall have jurisdiction over school matters within the territory of the school district.

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

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

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

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

Approved:  November 25, 2019

Revised/Reviewed: February 1, 2021

 

Code No. 202.1 Elections of the Board of Directors

The election of citizens to the Board 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 and to address questions that are submitted to the voters.

Citizens of the District community seeking a seat on the Board must file their nomination papers with the Board Secretary consistent with the deadlines provided in Iowa law.

If a vacancy occurs on the Board, it may be filled by an appointment consistent with Iowa law. If the Board does not fill the vacancy by appointment, the Board Secretary will call for a special election to fill the vacancy. Candidates for a seat created by a vacancy must file their nomination papers with the Board Secretary consistent with the deadlines provided in Iowa law.

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

 

Reviewed:  February 16, 2009

Revised/Reviewed: February 1, 2021

Code No. 202.2 Qualifications

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

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

Citizens wanting to run for a position on the Board must be a citizen of the District, eighteen (18) years of age or older, an eligible elector of the District and free from a financial conflict of interest with the position.

 

Approved:  February 16, 2009

Revised/Reviewed: February 1, 2021

Code No. 202.3 Oath of Office

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

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

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

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

The oath shall be as follows:

“Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of                  (naming the office) in the Interstate 35 Community School District as now and hereafter required by law?”

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 202.4 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 the next scheduled school 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.

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 202.5 Vacancies

A vacancy occurs when a Board member resigns, forfeits or otherwise leaves the office.  A vacancy also includes, but is not limited to, the following:  failure to be properly elected, failure to qualify within the time fixed by law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony, three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.

If a vacancy occurs prior to the expiration of a term of office, the vacancy shall be filled by Board appointment within thirty days of the vacancy.  The newly-appointed Board member shall hold the position until the next scheduled school election.  At that time, the appointed Board member may run for the remainder of the unexpired term.

If the Board is unable to fill a vacancy by appointment within thirty days after the vacancy occurs, the Board Secretary shall call a special election to be held no sooner than sixty days and not later than seventy days after the vacancy occurred.  A Board member elected at the special election shall serve the remaining portion of the unexpired term.

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 203.1 Board Member Code of Ethics

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

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

As a school board member:

1.         I will listen.

2.         I will respect the opinion of others.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In meeting my responsibility to my school district community:

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

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

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

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

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

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

In my relationship with Superintendent and employees:

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

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

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

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

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

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

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

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

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

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

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

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

To cooperate with other school boards:

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

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

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

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

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

 

Revised/Reviewed: February 1, 2021

 

Code No. 203.2 Board Member Conflict of Interest

Board members must be able to make decisions objectively.  It shall be a conflict of interest for a Board member to receive direct compensation from the District, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  It shall not be a conflict of interest for Board members to receive compensation from the District for contracts to purchase goods or services if the benefit to the Board member does not exceed $6000 in a fiscal year or if the contracts are made by the Board, upon competitive bid in writing, publicly invited and opened.

A Board member shall not act as an agent for a school textbook or school supply company during the Board member’s term of office. 

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

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

  1. The outside employment or activity involves the use of the District’s time, facilities, equipment and supplies or the use of the District badge, uniform, business card or other evidence of office to give the board member or member of the board member’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to a board member.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the Board member of the Board member’s immediate family from anyone other than the state or the District for the performance of any act that the Board member would be required or expected to perform as part of the Board member’s regular duties or during the hours in which the Board member performs service or work for the District.
  3. The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the Board member, during the performance of the Board member’s duties of office or employment.

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

*          Cease the outside employment or activity; or

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

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

 

Approved:  September 15, 1997     

Revised/Reviewed:  January 24, 2022

Code No. 203.3 Board Member Liability

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

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

 

Approved:  September 15, 1997        

Revised/Reviewed: February 1, 2021

 

Code No. 204.1 President of the Board

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

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

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

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 204.2 Vice President of the Board

The vice president shall serve in the absence of the president and shall perform such other duties as may be assigned by the president or by the Board. If the Board president is unable or unwilling to carry out the duties required, it is the responsibility of the vice president of the Board to carry out the duties of the president.  If the president is unable or unwilling to complete the term of office, the vice president will serve as president for the balance of the president’s term of office, and a new vice president will be elected.

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 204.3 Secretary-Treasurer of the Board

It shall be the responsibility of the Board to annually appoint a Board Secretary-Treasurer.

A Board Secretary-Treasurer may be appointed from employees, other than a position requiring a teaching certificate or from the public to serve a one year term of office.  To finalize the appointment, the Board Secretary-Treasurer shall take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.

It shall be the responsibility of the Board Secretary-Treasurer, as custodian of District records, to preserve and maintain the records and documents pertaining to the business of the Board; to keep complete minutes of special and regular Board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of District funds; and to sign warrants drawn on the District funds after Board approval. The Board Secretary-Treasurer shall also be responsible for filing the required reports with the Iowa Department of Education.

It shall be the responsibility of the Board Secretary-Treasurer to oversee the investment portfolio, to receive funds of the District, to pay out the funds for expenses approved by the Board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities.  It shall also be the responsibility of the Board Secretary-Treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the District.

In the event the Board Secretary-Treasurer is unable to fulfill the responsibilities set out by the Board and the law, the Superintendent's secretary shall assume those duties until the Board Secretary-Treasurer is able to resume the responsibility or a new Board Secretary-Treasurer is appointed.

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

 

Code No. 205.1 Board Committees

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

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

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

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

 

Approved:  December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 205.2 AD Hoc Committees

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

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

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

Ad Hoc Committee Purpose and Function

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

Role of an Ad Hoc Committee Member

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

Ad Hoc Committee Membership

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.1 Development of Policy

The Board shall develop and maintain a policy manual that provides a codification of its policy actions.   Board policy provides the general direction as to what the Board wishes to accomplish while allowing the Superintendent to implement Board policy.  Policies shall be reviewed on a regular basis to ensure relevance to current practices and compliance with the law.

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

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.2 Adoption of Policy

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

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.3 Review and Revision of Policy

The Board shall, at least once every five years, review Board policy.  Each year, the Board may make a determination about the sections and/or series of the policy manual and the specific policies in the policy manual to be reviewed.  Once the policy has been reviewed, even if no changes were made, a notation of the date of review shall be made on the face of the policy statement.

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.4 Dissemination of Policy

A Board policy manual shall be housed in each school attendance center and in the central administration office.  Each board member shall have a personal copy of the board policy manual, either an electronic copy or a hard copy.  Persons wishing to review the board policy manual shall contact the Board Secretary, who shall have a Board policy manual available for public inspection, either with an electronic copy or a hard copy.

It shall be the responsibility of the Board Secretary to ensure copies of new and revised policy statements are distributed to the custodians of Board policy manuals as soon as possible following the policy’s adoption.  Copies of changes in Board policy shall also be included in or 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 the Board member’s term of office, to keep the manual current and up-to-date and to surrender the manual to the Board Secretary at the conclusion of the Board member’s term of office.

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.5 Suspension of Policy

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

 

Code No. 206.6 Administration in the Absence of Policy

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 206.7 Review of Administrative Regulations

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 207.1 Annual Board Meeting

Each year at a regular or special meeting held after August 31, but before the organizational meeting in odd-numbered years or the September regular meeting in even-numbered years, the Board will hold its annual meeting. 

At the annual meeting, the Board will examine the financial books and settle the Secretary’s and Treasurer’s statements for the fiscal year ending the preceding June 30 and transact such other business as may properly come before it.  As part of the annual reports, the Treasurer will present affidavits from depository banks.  Attendance shall be a waiver of notice.

The Board may also appoint the board’s legal counsel at the annual meeting.

In odd-numbered years, the annual meeting may be held in conjunction with the organizational meeting.

 

Approved:  February 18, 2002                                                          

Revised/Reviewed: February 1, 2021

Code No. 207.2 Organizational Board Meeting

In odd-numbered years at the first regular meeting after the canvass of votes of the regular school election, the Board will hold its organizational meeting. 

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

 

Approved:  December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 207.3 Regular Meeting

The regular meeting time and date will be set by the Board at its annual or organizational meeting.  The regular meetings of the Board will be held on the fourth Monday of each month.  Meeting times will be set annually at the organizational and/or annual meeting of the Board.  The Board will adhere to this meeting date and time unless the Board requires additional meetings or, due to circumstances beyond the Board’s control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled at the Board’s convenience.  Meetings will be held in the meeting place officially designated by the Board, which will be accessible to the public.  Public notice of the meetings will be given.

 

Approved:  August 26, 2010

Revised/Reviewed: February 1, 2021

Code No. 207.4 Special Meeting

It may be necessary for the Board to conduct a special meeting in addition to the regularly scheduled Board meeting.  Special meetings may be called by the president of the Board or by the Board Secretary at the request of a majority of the Board.  Written notice, stating the time and place of any special meeting and the purpose for which it is called, shall be delivered to each Board member in person or sent by registered letter in sufficient time to allow for delivery of notice in advance of such meeting. 

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 207.5 Work Sessions and Retreats

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

 

Code No. 207.6 Public Hearing

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

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

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

 

Approved:  December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 208.1 Meeting Notice

Public notice shall be given for meetings and work sessions held by the Board.  Public notice shall indicate the time, place, date and tentative agenda of Board meetings.  The public notice shall be posted on the bulletin board in the central administration office at least twenty-four hours before it is scheduled to begin.

A copy of the public notice will be provided to those who have filed a request for notice with the Secretary.  These requests for notice must be in writing.  A copy of the public notice will also be accessible to employees and students.

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 208.2 Meeting Agenda

The tentative agenda for each Board meeting will state the topics for discussion and action at the Board meeting.  The agenda is part of the public notice of the Board meeting and will be posted and distributed.

It is the responsibility of the Board president and Superintendent to develop the agenda for each Board meeting.  Persons requesting to place an item on the agenda must make a request to the Superintendent prior to the drafting of the tentative agenda. The person making the request must state the person’s name, address, purpose of the presentation, action desired, and pertinent background information. Requests from the public may be added to the tentative agenda at the discretion of the Superintendent after consultation with the Board president. Requests received after the deadline may only be added to the agenda for good cause. The tentative agenda and supporting documents will be sent to the Board members prior to the scheduled Board meeting. These documents are the private property of the Board member. Persons wishing to view the tentative agenda and supporting documents may do so at the central administrative office.

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

 

Approved: December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 208.3 Quorum

Action by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the Board members, is in attendance at the Board meeting.  While board members are encouraged to attend Board meetings, three (3) members shall constitute a quorum and are a sufficient number to transact business of the school corporation.  The adjournment of a meeting may be executed without a quorum.  It is the responsibility of each Board member to attend Board meetings.

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 208.4 Rules of Order

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

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

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

The purpose of modified rules adopted by the board are:

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

      *    To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;

      *    To insure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to insure adequate discussion of decisions to be made; and,

      *    To insure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

 

Revised/Reviewed: February 1, 2021

Code No. 208.5 Public Participation at Meetings

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

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

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

Individuals who have a complaint about an employee may ask the Board to hear their complaint only after they have followed the Board policy addressing citizen complaints.  Students who have a complaint may ask the Board to hear their complaint only after they have followed Board policy addressing student complaints.

 

Approved: December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 208.6 Minutes of Board Meetings

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

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

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

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

 

Approved: December 22, 2014

Revised/Reviewed: February 1, 2021

Code No. 209.1 Board of Directors Legal Counsel

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

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

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

 

Approved:  September 15, 1997

Revised/Reviewed: February 1, 2021

Code No. 209.2 Board of Directors Records

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

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

Minutes waiting approval at the next Board meeting will be available for inspection at the central administration office after the Board Secretary transcribes the notes into type written material which has been proofread for errors and retyped.

 

Approved:  December 22, 2014

Revised/Reviewed: February 1, 2021