The Board has jurisdiction to legislate policy for the District with the force and effect of law. Board policy shall provide the general direction as to what the Board wishes to accomplish while allowing the Superintendent the professional prerogative to implement Board policy.
The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, staff, 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 in the area of the policy statement.
Proposed policy statements or ideas must be submitted to the Board through the office of the Superintendent in order to be placed on the agenda of a Board meeting. It shall be the responsibility of the Superintendent to bring these proposals to the attention of the Board.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Revised: 06/15/21
The Board shall give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two (2) Board meetings. The proposed policy changes shall be distributed and public comment will 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. 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.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Revised: 06/15/21
The Board shall regularly review the policy statements in the board policy manual. Once the policy has been reviewed, even if no changes were made, a notation of the date of review shall be made in the policy manual.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Reviewed: 06/15/21
A hard copy and/or electronic copy of the Board policy manual shall be housed in the administrative office of each school attendance center. Persons wishing to inspect the Board policy manual shall contact the Secretary, who shall have a hard copy and/or electronic copy of the Board policy manual available for public inspection.
It shall be the responsibility of the Secretary to ensure that electronic copies of new and revised policy statements are distributed to the Directors, Administrators, and Board members within ten (10) working days of the change or addition to the policy. Hard copies of changes in Board policy shall also be attached to the minutes of the meeting at which the final action was taken to adopt the new or changed policy.
Each Board member shall have an electronic copy of the Board policy manual. It shall be the responsibility of each Board member, during their term of office, to keep the manual up‑to‑date and to surrender the manual to the Secretary at the conclusion of their term of office.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Revised: 10/10/11
*Revised: 06/13/16
*Reviewed: 06/15/21
*Reviewed: 06/15/21
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 educational philosophy of the District.
The Superintendent shall draft a policy recommendation if deemed appropriate.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Reviewed: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Revised: 06/15/21
Administrative regulations, including but not limited to handbooks, may be necessary to implement Board policy. It shall be the responsibility of the Superintendent to develop administrative regulations.
In developing the administrative regulations, the Superintendent may consult with administrators or others likely to be affected by the regulations. Once the regulations are developed, employees, students, and other members of the District community shall be informed in a manner determined by the Superintendent.
The Board shall be kept informed of the administrative regulations utilized and their revisions. The Board may review and recommend change of administrative regulations used in the District if they are contrary to the intent of board policy. The Board shall approve all handbooks developed by the Superintendent.
It shall be the responsibility of the Superintendent to monitor and revise the administrative regulations.
In monitoring and revising the administrative regulations, the Superintendent may rely on the Board, administrators, employees, students, and other members of the District community to inform the Superintendent about the effect of and possible changes in the administrative regulations.
It shall be the responsibility of the Superintendent to enforce administrative regulations.
*Revised/Adopted: 01/12/98
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Revised: 06/15/21
There shall be no standing committees.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 06/13/16
*Reviewed: 06/15/21
Temporary committees of the Board may be appointed by the President; their duties shall be outlined at the time of appointment. A temporary committee shall be considered dissolved when the Board dissolves it or when its final report is made and accepted by the Board. The function of the temporary committee is to provide information and recommendations as directed by the Board to assist the Board in its decision-making capacity. The recommendations and reports of all committees will be advisory in nature with final decision-making authority retained by the Board.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Revised: 10/10/11
*Reviewed: 06/13/16
*Revised: 06/15/21
Whenever it seems advisable, the Board may appoint a temporary Citizens’ Advisory Committee for specific or general purposes. The duties of such a committee shall be outlined at the time of appointment. Recommendations and reports from a citizens' advisory committee shall be distributed via the office of the Superintendent of Schools. All recommendations and reports will be advisory in nature, with final decision-making authority retained by the Board.
Membership and Appointment
Final selection of the members of a Citizens’ Advisory Committee shall be approved by the Board as a whole. Committee representation should cut across as many segments of the community population as possible.
Each Citizens’ Advisory Committee shall elect a chairperson. The chairperson of the Citizens' Advisory Committee shall convene meetings of the membership and proceed with the work to be done. The chairperson shall maintain liaison with the Superintendent of Schools and shall be responsible for the preparation of a final report to be presented to the Board.
When appropriate, a report to the Board should contain the findings of the committee and may make suggestions or recommendations for consideration of the Board.
*Revised: 10/22/90
*Revised: 12/08/97
*Revised: 12/13/99
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Revised: 10/10/11
*Reviewed: 07/11/16
*Revised: 07/12/21
The Board may annually appoint legal counsel to represent the District as necessary for its proper conduct of legal affairs of the District. Counsel will attend regular and special meetings of the Board when requested to do so and will be available for consultation as needed.
Because it is often necessary to consult legal counsel as part of background information to be used by the Board in making decisions and because at times the District may be involved in litigation or other legal matters, the Superintendent and/or the Board Secretary are authorized to seek counsel's services, as needed. However, the Board shall be kept informed of legal matters that are other than routine and of any legal services that may involve unusual expense to the District.
Individual Board Members are expected to consult school legal counsel only when the full Board has given permission for such consultation. Otherwise, the Board Member will pay any legal fees that may result.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 07/11/16
*Revised: 07/12/21
Board Members must be able to make decisions objectively. It is a conflict of interest for a Board Member to have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, or the performance of services for the District.
A Board Member cannot 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. However, it will not be a conflict of interest for a Board Member to receive compensation from the District for contracts to purchase goods or services if the benefit to the Board Member does not exceed $6,000 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 will not act as an agent for a school textbook or school supply company doing business with the District during the Board Member’s term of office.
The conflict of interest provisions do not apply to a contract that is a bond, note, or other obligation of a District if the contract is not acquired directly from the District, 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.
Additionally, a Board Member cannot be a statewide elected official or a state legislator. A Board Member cannot engage in any outside employment or activity that 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 is deemed to exist includes, but are not limited to, any of the following:
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.
The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the Board Member or a 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.
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 is the responsibility of each Board Member to be aware of an actual or potential conflict of interest. It is also 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.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 09/08/09
*Revised: 12/13/10
*Reviewed: 07/11/16
*Revised: 07/12/21
Board Members may receive a gift on behalf of the District. Board Members shall not, either directly or indirectly, 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 of 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 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 a client of a lobbyist with respect to matters within the 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 materials 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 a 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;
Non-monetary items with a value of less than three (3) 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 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 a 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 or 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 District;
Gifts 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 informational 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 with a public official or meetings or sessions a 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 expenses 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 Member has participation or presentation responsibilities;
A non-monetary gift or series or non-monetary gifts donated within thirty (30) 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.
*Reviewed: 09/16/02
*Reviewed: 01/10/05
*Revised: 12/13/10
*Reviewed: 10/10/11
*Reviewed: 07/11/16
*Revised: 07/12/21