200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn.gibson.cm… Sat, 02/27/2021 - 09:45

200.01 - Role of the Board of Directors

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

The ultimate goal of the board is 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 Independence Community School District shall be considered above others. The board strives 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.

Legal Reference: Iowa Code §§ 256.11, .11A; 279.8; 280.12 (2003).
281 I.A.C. 12.1(2), 12.3(3).

Cross Reference: 101      Educational Philosophy of the School District
                                      105      Long-Range Needs Assessment
                                      210      Board of Directors' Management Procedures

Approved: 11/012004

Reviewed: 07/18/2005, 08/16/2010, 07/28/2015, 03/17/2020

Revised:

dawn.gibson.cm… Sat, 02/27/2021 - 09:46

200.02 - Organization of the Board of Directors

The Independence Community School District board is authorized by and derives its organization from Iowa law. The board shall consist of five board members. Board members will be elected at-large with four by director districts and one at-large.

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

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

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

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

Cross Reference: 202 Board of Directors Members

206.1 President

206.2 Vice President

211 Board of Directors' Meetings

Approved: 11/01/2004

Reviewed: 07/18/2005, 08/16/2010

Revised: 11/17/2008, 07/28/2015, 02/20/2017, 07/15/2019, 03/17/2020, 01/17/2022

dawn.gibson.cm… Sat, 02/27/2021 - 09:47

200.02R1 - Organizational Meeting Procedures

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

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

Meeting Procedure

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

1. Final Meeting of the Retiring Board (Regular/Annual Meeting)

(1) Pledge of Allegiance.

(a) Call to order

(2) Friends of Education/Spotlight on Education

(3) Approval of Agenda

(4) Consideration of Action on Consent Items

(a) Approval of minutes of previous meeting(s)

(b) Approval of Board Policies (second reads only)

(d) Transfers/Reassignments

(e) New Hires

(f) Approval of Financial Reports including Financial Settlement Statement from Previous Fiscal Year

(5) Announcements, Communications and Presentations

(a) Comments from the Public

(b) Comments from the Board/Superintendent

(6) Reports

(a) Building Administrator Reports

(b) District Director Reports

(7) Old Business

(8) New Business

(a) 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.

(b) Adjournment of the retiring board

2. Organizational Meeting of the New Board

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

(2) Call to order

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

(b) Election of a president of the board. All board members are considered nominated for the

position. The president pro-tem will ask if anyone does not want to be considered nominated for

president. Ballots will be distributed to the board members to vote for president of the school

board. Members must sign the ballots so the votes can be recorded. A

majority of those voting is necessary to elect. The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president.

position. The president will ask if anyone does not want to be considered nominated for vice-

president. Ballots will be distributed to the board members to vote for vice

president of the school board. Members must sign the ballots so the votes can be recorded. A majority of those voting is necessary to elect. The secretary will announce the results and administer the oath of office to the vice-president.

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

(e) Roll call vote order

(f) Committee Assignments

(3) New Business

(a) Legal Counsel for the District and Board of Directors

(b) Resolution Naming Depositories

(d) Resolution to Issue Payroll

(e) Resolution to Authorize the Use of a Check Protector and Signer and the Proper Control of the

Signer

(f) Other new business

(4) Adjournment

dawn.gibson.cm… Sat, 02/27/2021 - 09:51

200.03 - Powers of the Board of Directors

The board of the Independence Community School District, acting on behalf of the school district, shall have jurisdiction over school matters within the territory of the school district.

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

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

Legal Reference:  Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 28E; 274.1-.2; 279.8 (2003).
                                      281 I.A.C. 12.1(2).
                                      1990 Op. Att'y Gen. 66.

Cross Reference: 210 Board of Directors' Management Procedures

Approved: 11/01/2004

Reviewed: 07/18/2005, 08/16/2010, 07/28/2015, 03/17/2020

Revised:

dawn.gibson.cm… Sat, 02/27/2021 - 09:52

200.04 - Responsibilities of the Board of Directors

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

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

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

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

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

Legal Reference: Iowa Code §§ 274.1; 279; 280.12.

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

Cross Reference: 101 Educational Philosophy of the School District

105 Long-Range Needs Assessment

210 Board of Directors' Management Procedures

600 Goals and Objectives of the Education Program

Approved: 11/01/2004

Reviewed: 07/18/2005, 08/16/2010, 07/28/2015, 03/17/2020, 01/16/2024

Revised: 09/20/2021, 08/15/2022

dawn.gibson.cm… Sat, 02/27/2021 - 09:54

200.05 Board Member Media Engagement

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

All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions. As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation. Additionally, board members should be aware that protected speech can still subject individuals to legal liability. Only the Board President is designated as official spokesperson authorized to speak on behalf of the board. Any postings by board members about district related matters on their individual social media accounts shall not be considered official action of the district. Official statements of the district shall be made only on district social media accounts through the designated spokespersons of the district or the entire board speaking as a governing body.

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

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

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

Iowa Const. Art. I, sec. 7

Lindke v Freed, 601 U.S. (2024)

20 U.S.C. 1417(c)

34 C.F.R. 99.3

Iowa Code §§ 21; 22

Cross Reference: 200.03 Responsibilities of the Board

902.01 News Media Relations

Approved: 06/19/2023

Reviewed: 01/16/2024

Revised: 10/21/2024

lschaul@indeek12.org Mon, 07/03/2023 - 14:39