200 - Legal Status of the Board of Directors
200 - Legal Status of the Board of Directors dawn@iowaschoo… Fri, 09/25/2020 - 09:29200.1 - Organization of the Board of Directors
200.1 - Organization of the Board of DirectorsThe Red Oak 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 and vice-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).
Approved March 26, 2018
Reviewed May 10, 2021
Revised May 10, 2021
200.1R1 Regulation Organizational Meeting Procedures
200.1R1 Regulation Organizational Meeting ProceduresRegulation 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) [Insert position, title, (e.g. superintendent, board secretary, etc.)] 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 [Insert position, title, (e.g. superintendent, board secretary, etc.)] 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.
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.
Approved May 10, 2021
Reviewed May 10, 2021
Revised May 10, 2021
200.2 - Powers of the Board of Directors
200.2 - Powers of the Board of DirectorsThe Board of Directors of the Red Oak 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.
Because all powers of the board derived from the state statutes are granted in terms of action as a group, individual board members exercise authority over district affairs only as they vote to take action at a legal meeting of the board. In other instances, an individual board member, including the president, will have power only when the board, by vote, has delegated authority. The board will make its members, the district staff, and the public aware that only the board acting as a whole has authority to take official action. Therefore, the board may transact business only with a quorum present during a regular or special meeting.
Pursuant to the state statutes, any board member shall not seek individually to influence the official functions of the district. The board and its members will deal with administrative services through the superintendent and will not give orders to any subordinates of the superintendent either publicly or privately, but may make suggestions and recommendations.
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).
Approved March 26, 2018
Reviewed May 10, 2021
Revised May 10, 2021
200.3 - Responsibilities of the Board of Directors
200.3 - Responsibilities of the Board of DirectorsThe board is authorized to govern the school district, which it oversees. As the governing board of the school district, the board has three duties to perform: legislative duty, executive duty and evaluative 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.
Legal Reference:
Iowa Code §§ 274.1; 279.1, .8, .20; 280.12.
281 I.A.C. 12.3(2).
Approved March 26, 2018
Reviewed May 10, 2021
Revised May 10, 2021