202 BOARD OF DIRECTORS MEMBERS
202 BOARD OF DIRECTORS MEMBERSThe Board of Directors of the Emmetsburg Community School District shall consist of seven members.
Legal Reference: (Code of Iowa): Chapter 277.23
Approved 10/26/70 Reviewed 10/18/23 Revised
202.1 QUALIFICATIONS
202.1 QUALIFICATIONSServing 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
202.2 OATH OF OFFICE
202.2 OATH OF OFFICEBoard 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
202.3 TERM OF OFFICE
202.3 TERM OF OFFICEBoard 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
202.4 VACANCIES
202.4 VACANCIESA 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
202.5: STUDENT SCHOOL BOARD REPRESENTATIVES
202.5: STUDENT SCHOOL BOARD REPRESENTATIVESThe 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:
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The student school board representative shall be a full-time high school student in the district [one junior/one senior representative];
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The student school board representative shall participate in an orientation of board responsibilities and procedures as determined by the Superintendent;
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The student school board representative shall be eligible to participate in discussion, but not vote, at all regular board meetings held in open session;
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The student school board representative shall be responsible for communicating board decisions and information to the student body; and
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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:
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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: