200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn@iowaschoo… Tue, 09/01/2020 - 16:33

200.1 - Organization of the Board of Directors

The Clarinda Community School District board is authorized by and derives its organization from Iowa law. The board will consist of 5 board members. Board members are elected at large.

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

The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results. The retiring board will adjourn and the new board will then begin. The board secretary will administer the oath of office to the newly-elected board members. The 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: 202.2 Oath of Office
                                    206.1   President
                                    206.2   Vice-President
                                    210.2 Regular Meeting
210.3 Special Meeting

Initially Approved 03-08-1999
Last Reviewed 01-25-2023
Last Revision 07-08-2020

dawn@iowaschoo… Tue, 09/01/2020 - 09:49

200.1R1 - Organizational Meeting Procedures

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

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

Meeting Procedure

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

1. Final Meeting of the Retiring Board

        (1)      Call to order.
        (2)      Roll call.
        (3)      Approval of minutes of previous meeting(s).
        (4)      Visitors.
        (5)      Unfinished business.
                  (a) Current claims and accounts (for the retiring board to authorize).
        (6)      Examine and settle the books for the previous year.
        (7)      Review of election results. The board secretary will present the county auditor's official report on the latest elections. Official results are recorded in the minutes.
        (8)      Adjournment of the retiring board.

2. Organizational Meeting of the New Board

        (1)      The board secretary, as president pro-tem, will preside over the meeting until a new board president is elected.
        (2)      Call to order.
        (3)      Roll call.
        (4)      Oath of office. The board secretary will administer the oath to new members.
        (5)      Election of a president of the board. The president pro-tem calls for nominations; nominations need not be seconded. The board will then vote on the nominations.
  The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president and the newly elected
president will assume the chair.
        (6)      Election of the vice-president. The president of the board will call for nominations; the nominations need not be seconded. The board will then vote on the
  nominations. The president will announce the results and administer the oath of office to the vice-president.

Other items of business at the organizational meeting may include:

        (7)      Board resolution of appreciation recognizing the public service rendered by retiring board members.
        (8)      Determination of dates, times, and places for regular meetings of the board.
        (9)      Board resolution to define the operating rules and practices that will be followed by the new board.
        (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.
        (11)    Visitors.
        (12)    Superintendent's report.
        (13)    Adjournment.

Legal Reference: Iowa Code §§ 274.2; 275.23A; 277
281 I.A.C 12.3.

dawn@iowaschoo… Tue, 09/01/2020 - 09:51

200.2 - Powers of the Board of Directors

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

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

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

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

Cross Reference: 209.1 Development of Policy
209.2 Adoption of Policy
302.1 Superintendent Qualifications, Recruitment, Appointment
405.5 Licensed Employee Work Day
405.6 Licensed Employee Assignment
411.5 Classified Employee Assignment

Initially Approved 03-08-1999
Last Reviewed 01-25-2023
Last Revision

dawn@iowaschoo… Tue, 09/01/2020 - 10:02

200.3 - Responsibilities of the Board of Directors

The board is authorized to govern the school district which it oversees. The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency. As the governing board of the school district, the board has 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 is quasi-judicial duties in serving a neutral arbiter for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals. This important power was granted by the Iowa legislature and cannot be delegated. To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.

Legal Reference: Iowa Code §§ 274.1; 279; 280.12.
281 I.A.C. 12.3(2).

Cross Reference: 101      Educational Philosophy of the School District
                                    103      Long-Range Needs Assessment
  103.R1 Long-Range Needs Assessment - Regulation
                                    209      Board of Directors' Management Procedures
  302.1   Superintendent Qualifications, Recruitment, Appointment
                                    600      Goals and Objectives of the Education Program

Initially Approved 03-08-1999
Last Reviewed 01-25-2023
Last Revision 10-26-2022

dawn@iowaschoo… Tue, 09/01/2020 - 10:00

200.4 - Board Member Social Media Engagement

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

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

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

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

Legal Reference: U.S. Const. Amend. I
Iowa Const. Art. I, sec. 7
20 U.S.C. 1417 (c)

Cross Reference: 200.3 Responsibilities of the Board of Directors
902.1 News Media Relations

Initially Approved 05-24-2023
Last Reviewed 05-24-2023
Last Revision

nmckinnon@clar… Thu, 05/25/2023 - 07:57