The board will hold its organizational meeting in odd-numbered years at the first regular meeting following the canvass of votes.  Notice of the meeting 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)    Unfinished business.

             (a)  Current claims and accounts (for the retiring board to authorize).

    (5)    Examine and settle the books for the previous year.

    (6)    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.

    (7)    Adjournment of the retiring board.

2.    Organizational Meeting of the New Board

    (1)    Superintendent as president pro-term, 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-term 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)    Superintendent's report.

    (12)    Adjournment.

NOTE: Board members elected at a regular school election must take the oath of office at or before the organization meeting. Failure to do so results in a vacancy. 

NOTE: The board president and vice president are each elected to a one year term at the organizational meeting in odd-numbered years and at the annual meeting in even-numbered years. 

Legal Reference:    Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 , .33 (2013).

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

Cross Reference:    202    Board of Directors Members

    206.1    President

    206.2    Vice-President

    210    Board of Directors' Meetings

Approved    2/15/17                   Reviewed     10/18/23                  Revised                   

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 school 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 should 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 school board should possess these characteristics.

Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position.

NOTE:  The last paragraph states the legal requirements to run for the school board.  An individual must be an eligible elector in order to run for the school board.  An eligible elector need not be registered to vote. An eligible elector needs only to be eligible to be registered to vote.  Also, a spouse of an employee may run for the board. Details on conflict of interest are in Policy 203, Board of Directors' Conflict of Interest.

Legal Reference:    Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2013).

Cross Reference:    201    Board of Directors' Elections

    202.4    Vacancies

    203    Board of Directors' Conflict of Interest

Approved    11/20/00           Reviewed   10/18/23         Revised                   

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 biennial 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, the oath shall be administered by another board member.

"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 Emmetsburg CSD (naming the district) as now and hereafter required by law?"

NOTE:  Board members elected at the regular election do not need to take the oath of office within 10 days.  Those elected at a special election or appointed to fill a vacancy, however, must take the oath of office within 10 days.

Legal Reference:    Iowa Code §§ 277.28; 279.1, .6 (2013).

Cross Reference:    200.1    Organization of the Board of Directors

    201.4    Board of Directors' Elections

    202    Board of Directors Members

    204    Code of Ethics

    206    Board of Directors' Officers

Approved     11/20/00          Reviewed      10/18/23                      Revised   3/21/11        

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.  Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider running for more than one term.

Legal Reference:           Iowa Code §§ 69.12; 274.7; 279.6; 279.7

Cross Reference:           201   Board of Directors' Elections

                                    202   Board of Directors Members

                                    202.4 Vacancies

Approved 10/26/1970    Reviewed  10/18/23    Revised 3/21/2011

A vacancy occurs when a board members resigns, forfeits or otherwise leaves 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 the 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 30 days of the vacancy. The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file  petition within 14 days of the publication of the notice requiring the vacancy be filled by special election.

The newly appointed board member shall hold the position until the next scheduled school election, unless there is an intervening special election. At that time the appointed board member may run for a four year term, if one is available, or run for the remainder of the unexpired term.

Interested parties must submit a Letter of Intent to the Board Secretary 5 business days prior to the board meeting in which the appointment will be made. Current board members will nominate and appoint a new board member from the submitted letters.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred. A board member elected at the special election shall serve the remaining portion of the unexpired term.

NOTE: Special elections called because the board is unable to fill a vacancy by appointment within 30 days or called because a valid petition has been submitted are to be held 60-70 days after the vacancy occurs. These special elections are different than the special school elections (commonly called public measure elections), which are held on four specific dates each year as outlined in Iowa Code. The special elections called to fill a vacancy can be held at any time of the year.

Legal Reference:    Iowa Code §§ 21.6; 69; 277.29; 279

                                    Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).

Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).

Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).    1944 Op. Att'y Gen. 39.

Cross Reference:    201   Board of Directors’ Elections

            202   Board of Directors Members

Approved:    2/13/78        Reviewed:    10/18/23        Revised:   1-15-20

The Board of Education believes it is important to seek out and consider student ideas, viewpoints, and opinions regarding the district’s educational program. To provide student input, the Board shall include at least 2 non-voting representative(s) from the student body. 

Student school board representative eligibility and duties: 

• The student school board representative shall be a full-time high school student in the district [one junior/one senior representative]; 

• The student school board representative shall participate in an orientation of board responsibilities and procedures as determined by the Superintendent; 

• The student school board representative shall be eligible to participate in discussion, but not vote, at all regular board meetings held in open session; 

• The student school board representative shall be responsible for communicating board decisions and information to the student body; and

• The student school board representative will be provided with and shall abide by all applicable sections of the Board Members’ Code of Ethics. 

The term of office shall be from: 

• The first regular board meeting in September to the last regular board meeting in May; or

If the student school board representative is unable to attend a board meeting, the student school board representative must notify the Superintendent of the absence. A student school board representative who neglects his/her duties may be removed from the position at the discretion of the Board. 

NOTE: This is an optional policy.

NOTE: The Board should determine a process for how students may apply or be selected to be the student school board representative(s). While the specific process does not need to be detailed in policy, the Board should know and have decided upon a process. Options may include: 

•    An application process; 

•    Vote of the student body; or 

•    Student school board representative is a responsibility of the president or other officer of the student council. 

Adopted: 10/18/23                          Reviewed:                                  Revised:

Policy 206.1 PRESIDENT

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 to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at  a regular meeting held between twelve to thirteen months after the most recent organizational meeting.

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 school district, will sign employment contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

NOTE: Board presidents were required by law to be elected during the organizational meeting following elections, and at the annual meeting in even-numbered years, and could only serve on year terms.  After school elections changed to November, that required boards to wait until November each year to hold their annual meetings and settle their financials from the fiscal year prior.  This 2021 change in the law separates out the election of the board president from the annual meeting.  This change allows the annual meeting to be held after August 31, but closer to the end of the preceding fiscal year, and the board president to be elected during the board’s regular meeting in November to maintain a one year term of office. 

Legal Reference:

Iowa Code §§ 279.1-.2; 291.1.

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.2 Vice-President

Approved     10/26/70     Reviewed 10/18/23    Revised    11/15/2021       

Policy 206.2 VICE-PRESIDENT

The vice-president of the board is elected by a majority vote at the organizational meeting of in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting, to serve a one-year term of office.

By this election, 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 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.

Legal Reference:

Iowa Code § 279.5

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.1 President

Approved    10/26/70           Reviewed    10/18/23              Revised    11/15/2021           

A board secretary may be appointed from employees, other than a position requiring a teaching certificate, or from the public.  To finalize the appointment, the board secretary will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter. It is the responsibility of the superintendent to evaluate the board secretary annually.

It is the responsibility of the board secretary, as custodian of school 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 school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students.  The board secretary will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the board secretary is unable to fulfill the responsibilities set out by the board and the law, the business manager will assume those duties until the board secretary is able to resume the responsibility or a new board secretary is appointed.  The board secretary will give bond in an amount set by the board. The cost of the bond will be paid by the school district.

Legal Reference:           Iowa Code §§ 64; 279.3, .5, .7, .32, .33, .35; 291.2-.4, .6-.8, .10-.11;         299.10, (2013).                        281 I.A.C. 12.3(1).

Cross Reference:           202.2     Oath of Office

                                    206.4     Treasurer

                                    210.1     Annual Meeting

                                    215        Board of Directors' Records

                                    501.10   Truancy - Unexcused Absences

                                    707.1     Secretary's Reports

                                    708        Care, Maintenance and Disposal of School District Records

Approved    2-13-78                 Reviewed   10/18/23                                 Revised  9/18/24     

It is the responsibility of the board to annually appoint a treasurer.  The board may annually appoint a treasurer from its employees, other than a position requiring a teaching certificate. To finalize the appointment, the treasurer shall take the oath of office at the meeting or no later than ten days thereafter.

It is the responsibility of the treasurer to oversee the investment portfolio, to receive funds of the school 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.  

If the treasurer is unable or unwilling to carry out the duties required, it shall be the responsibility of the board secretary to carry out the duties of the treasurer.

The treasurer shall give bond in an amount set by the board.  The cost of the bond will be paid by the school district.
 

Legal Reference:    Iowa Code §§ 12B.10; 12C; 279.3, .31-.33; 291.2-.4, .8, .11-.14 

    281 I.A.C. 12.3(1).

    1978 Op. Att'y Gen. 328.

Cross Reference:    202.2    Oath of Office

    206.3    Secretary

    210.1    Annual Meeting

    215    Board of Directors' Records

    704.3    Investments

    707    Fiscal Reports

Approved    10/26/70           Reviewed    10/18/23           Revised   9/18/24                

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.

The board has jurisdiction to legislate policy for the school district with the force and effect of law.  Board policy provides the general direction as to what the board wishes to accomplish while allowing the superintendent to implement board policy.

The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school 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 school 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. 

Legal Reference:    Iowa Code §§ 274.1-.2; 279.8; 280.12 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    101    Educational Philosophy of the School District

    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/5/84            Reviewed   11/21/23                       Revised   12/20/93, 11/20/00        

The board will give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two regular board meetings.  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.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    10/26/70           Reviewed      11/21/23                  Revised     12/20/93, 11/20/00      

The board policy manual is available electronically. Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will 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.

Legal Reference:    Iowa Code §§ 277.31; 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed      11/21/23     Revised    6/19/19               

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.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed        11/21/23         Revised                   

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 school 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.  If needed, the superintendent shall draft a proposed policy for the board to consider.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

    302.4    Superintendent Duties

    304    Policy Implementation

Approved     11/20/00          Reviewed      11/21/23       Revised                   

The board shall, at least once every five years, review board policy.  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.

The board will review one-fifth of the policy manual annually according to the following subject areas:

• Board of Directors (Series 200)

• Administration, Employees (Series 300 and 400)

• School District, Education Program (Series 100 and 600)

• Students (Series 500)

• Noninstructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)

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 or a change which is minor, the policy may be approved at one meeting at the discretion of the board.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    1/9/84           Reviewed   11/21/23                     Revised    12/20/93, 11/20/00       

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 will be reviewed by the board prior to their use in the school district. Handbooks will be approved by the board prior to their use.

The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise.

Legal Reference:    Iowa Code §§ 279.8, .20 (2013).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved     11/20/00          Reviewed      11/21/23            Revised                   

Each year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board shall hold its annual meeting.

At the annual meeting, the board shall examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30.  As part of the annual reports, the treasurer shall present affidavits from depository banks. 

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

Legal Reference:    Iowa Code §§ 279.3, .33 (2013).

Cross Reference:    206.3  Secretary

    206.4  Treasurer

    701.1  Depository of Funds

    707     Fiscal Reports

Approved    12/12/83           Reviewed   12/20/23                         Revised   12/20/93       

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.  

The regular meetings of the board will be held monthly. The board will set the date and time at the annual organizational meeting. 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 in accordance with law and policy.  Public notice of the meetings will be given.

Legal Reference:    Iowa Code §§ 21.3, .4; 279.1 

Cross Reference:    200.1   Organization of the Board of Directors

    210      Board of Directors' Meetings

Approved    11/5/84          Reviewed     12/20/23                   Revised    11/21/11       

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.  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.  Emergency meetings will only be held when an issue cannot wait twenty-four hours necessary for a special meeting. 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.

Legal Reference:    Iowa Code §§ 21.3, .4; 279.2 (2013).

    1980 Op. Att'y Gen. 148.

Cross Reference:    200.1    Organization of the Board of Directors

    210    Board of Directors' Meetings

Approved     7/11/83            Reviewed     12/20/23           Revised    11/20/00               

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.

Legal Reference:    Iowa Code §§ 21; 279.8 (2013).

    1982 Op. Att'y Gen. 162.

    1980 Op. Att'y Gen. 167.

    1976 Op. Att'y Gen. 384, 514, 765.

    1972 Op. Att'y Gen. 158.

    1970 Op. Att'y Gen. 287.

Cross Reference:    210    Board of Directors' Meetings

    211    Open Meetings

Approved     11/20/00          Reviewed        12/20/23             Revised                   

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 outside the central administration office at least two days before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given.

A copy of the public notice will be provided to those who have filed a request for notice with the secretary. 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.

Legal Reference:    Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).

    Iowa Code §§ 21.2-.4; 279.1, .2 (1999).

    1952 Op. Att'y Gen. 133.

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board of Directors' Meeting Agenda

Approved    12/12/83           Reviewed    1-15-20           Revised        12/20/23         

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 in person participation is encouraged, board members may attend meetings either in person or electronically provided each member can hear and be heard in real time by all members present and the public.

While board members are encouraged to attend board meetings, 4 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.

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.

It is the responsibility of each board member to attend board meetings.

Legal Reference:    Iowa Code §§ 21.5(1); 279.4

Approved    10/26/70           Reviewed    12/20/23         Revised          1-15-20         

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

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

The board shall follow Robert's 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 ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and, 
•     To ensure 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.

Legal Reference:    Iowa Code §§ 21.2, .7; 279.8 (2013).

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board Meeting Agenda

Approved     10/26/70          Reviewed     12/20/23           Revised      11/20/00             

Policy 210.8 BOARD 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.

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   4   days 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 administration 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.

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting.  Any board member may place an item on the next regular agenda with the consent of a majority of the board.  Board members wishing to do so should provide notice to the superintendent and board president   4   days prior to the scheduled meeting.

NOTE:  There is no legal requirement for the method used in developing the board agenda.  This policy states the common procedure for drafting the board agenda.  If a board uses another procedure, it should be reflected in this policy.

Legal Reference:

Iowa Code §§ 21; 279.8.

Cross Reference:

210 Board of Directors' Meetings

211 Open Meetings

213 Public Participation in Board Meetings

215 Board of Directors' Records

402.5 Public Complaints About Employees

502.4 Student Complaints and Grievances

Approved     11/5/84          Reviewed     12/20/23         Revised  12/15/21

    At the organizational meeting of the Emmetsburg Community School District Board of Directors held each year at its regular meeting in November as required by law, the Board shall be called to order by the immediate past-president.  In the event that person is no longer a member of the Board, the secretary shall act as temporary chairman.

    The first order of business shall be to swear into office any new members unless they shall have been so sworn previously.  The Board shall then elect from its membership a President and Vice-President. The elections shall be conducted by first obtaining written nominations.  The two members whose names appear most frequently as nominees shall be declared the candidates and the election to office shall be by written ballot.

LEGAL REFERENCES:  Iowa Code Sections 274.2; 277.28; 277.31; 279.1; 279.5; 279.7.

Approved     10/26/70          Reviewed     12/20/23          Revised     11/20/00              

Rescinded 9/15/21

Approved    2/13/78           Reviewed    9/15/21            Revised    11/20/00               

Policy 213.1 PUBLIC COMPLAINTS

The board recognizes situations may arise in the operation of the school district which are not of concern to parents and other members of the school district community. The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint of concern is brought to the attention of the board it will be referred to the Chain of Command protocols.

 Prior to board action however, the following should be completed:

1. Matters should first be addressed to the teacher or employee.

2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal.

3. Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.

4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board for consideration.  To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board.

Approved 9/15/21       Reviewed                     Revised   1/24/24              

Since the official minutes of the board are the only basic legal record, it is important that they be recorded with extreme care and completeness.  The board secretary shall follow the following guidelines in writing board minutes:

With respect to format, the following is offered as a guideline:

    1.    The minutes should be typewritten on single sheets of durable white paper.

    2.    Pages should be numbered.

    3.    Each item of business should have a brief topical heading in the right margin and motions should be             numbered consecutively and annotated.

    4.    An index should be prepared for each year.

    5.    All minutes should be signed by the proper officers of the board.

    6.    A duplicate set of minutes should be kept.

    7.    The original minutes-book should be secured in a fire-proof safe, vault or file in the central                             administration office.

    8.    The duplicate set should be kept in a designated place in the central administration office or be                     otherwise readily available for inspection following approval by the board.

With respect to content, the minutes should show the following:

    1.    The place, date, and time of each meeting.

    2.    The type of meeting--regular, special, emergency, work session.

    3.    Members present and members absent, by name.

    4.    The call to order and adjournment.

    5.    The departure of members by name before adjournment.

    6.    The late arrival of members, by name.

    7.    The time and place of the next meeting.

    8.    Approval, or amendment and approval, of the minutes of the preceding meeting.

    9.   Complete information as to each subject of the board's deliberation and the action taken.

10.     The maker and seconder of the motion, what action was taken, and the vote on the motion detailed              enough to attribute a vote to each member present.

11.     Complete text of all board resolutions, numbered consecutively for each fiscal year.

12.    A record of all contracts entered into, with the contract documents kept in a separate file.

13.    A record of all change orders on construction contracts.

14.    All employment changes, including resignations or terminations.

15.    A record, by number, of the bills of account approved by the board for payment.

16.    A record of all calls for bids, bids received, and action taken thereon.

17.    Approval of all transfers of funds from one budgetary fund to another.

18.    Important documents forming a part of a motion should be made a part of the minutes by exhibit and             placed in the minute book along with the minutes.

19.    Board policy and administrative guides should be made a part of the minutes by exhibit.

20.    Adoption of the school calendar should become a part of the minutes.

21.    A record of all delegations appearing before the board and a record of all petitions.

22.    At the annual meeting in July/August each year the record should indicate that the books of the                     treasurer and secretary and the Certified Annual Report have been examined and approved subject             to audit.

23.   The election or appointment of board officers.

24.    The appointment of auditors to examine the books.

At the organizational meeting, the minutes should reflect the following:

25. Appointment of a temporary chairperson if not specified in policy.

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

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

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

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

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

31. A resolution authorizing the use of the current system for checks that print the Board President's signature as the proper control. Bills will be processed with the Board President's signature stamp as the proper control.

Approved   10/26/70            Reviewed    1/24/24            Revised      9/18/19             

Participation in board member associations are beneficial to the board.  The board shall maintain an active membership in the Iowa Association of School Boards and in organizations the board determines will be of benefit to the board and the school district.

Legal Reference:    Iowa Code § 279.38 (2013).

Cross Reference:    216.2    Board of Directors' Member Development and Training

Approved    10/20/70           Reviewed   1/24/24                    Revised     11/20/00     

High achieving school boards work as a team to create high expectations for all students.  Board learning is foundational to creating this solid governance structure focused on student learning for school boards. The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.

The board shall work closely with the Iowa Association of School Boards and encourage the board members to participate in qualifying learning opportunities to achieve the Annual Board Award.

Legal Reference: Iowa Code §§ 279.8, .38 (2013).

Cross Reference: 216.1 Association Membership

Approved    11/20/00         Reviewed    1/24/24               Revised                   1-15-20

As an elected public official, the board member is a public servant who serves without compensation.  Board members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item.  A credit card receipt is generally not considered a detailed receipt. Failure to provide a detailed receipt shall make the expense non-reimbursable. Personal expenses shall be reimbursed by the board member to the school district no later than ten working days following the date of the expense.  In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Travel outside of the school district must be pre-approved.  Pre-approved expenses for transportation within three-hundred miles of the central administration office of the school district will be by automobile.  If a school district vehicle is not available, the board member will be reimbursed the current DMV mileage rate per mile.  Pre-approved expenses for transportation outside of three-hundred miles will be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should a board member choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of board members traveling on behalf of the school district warrant a larger vehicle.  Travel inside the school district in the board member's personal vehicle will not be reimbursed.

Pre-approved expenses for lodging within the state is limited to $150/night.  Pre-approved expenses for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the board member to stay at a particular hotel.

Pre-approved expenses for meals within the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Pre-approved expenses for meals outside the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Meals may be pre-approved for a larger amount at the discretion of the board.

It shall be the responsibility of the board secretary to compile the expenses of board members and bring them to the board for audit and approval in the same manner as other claims of the school district.  It shall be the responsibility of the board to determine through the audit and approval process of the board, whether the expenses incurred by a board member are actual and necessary expenses incurred in the performance of their official duties.

Legal Reference: Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2013).

Cross Reference: 203 Board of Directors' Conflict of Interest

401.7 Employee Travel Compensation

401.10 Credit Cards

Legal Reference:    Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2013).

Cross Reference:    203    Board of Directors' Conflict of Interest

    401.7    Employee Travel Compensation

    401.10    Credit Cards

Approved    10/26/70           Reviewed    1/24/24           Revised     03/21/11