203 Procedures of Operation

203.1 Development of Policy

DEVELOPMENT OF POLICY
 
The Board believes its primary function is to set policy.  The policy should be in written form to provide guidelines and goals for daily operations of the school district.
 
Policies are principles adopted by the school board to chart a course of action.  They tell what is wanted; they may include why and how much.  Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance.  Policies are guides for action by the administration, which then sets the rules and regulations to provide specific directions to school district personnel.
 
The Board exercises its leadership role by its involvement in the development and adoption of written policy.  The Board exercises its control over the district by evaluating the reports concerning the execution of the written policy.
 
Policies may be proposed by any member of the Board, employee, citizen, student, superintendent, etc.  All policy proposals shall be submitted to the Board, through the superintendent of schools, prior to a regular or special Board meeting.  The proposed policy shall be placed on the agenda for consideration.  Final action to adopt new policies or amended policies shall take place only after it has appeared as an agenda item at two Board meetings.
 
The superintendent of schools is responsible for keeping the Board informed of necessary policies and changes to existing  policies.
 
 
 
Approved:  August 12, 1985   
 
Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
 
Revised:  August 9, 1993
                                                              

203.2 Review and Revision of Policy

REVIEW AND REVISION OF POLICY
 
 
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, Students, Education Program (Series 100, 500 and 600)
Students (Series 500)
 
Board of Directors, Non-instructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 200, 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.
 
 
Approved:  Aug. 12, 1985
                  
Reviewed:  February 10, 1987
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
 
Revised:  January 17, 2000

203.3 Approval of Administrative Regulations

APPROVAL OF ADMINISTRATIVE REGULATIONS
 
 
Administrative regulations shall be developed by the superintendent of schools or a designee.
 
Although the Board wishes to be kept informed of regulations that are written to implement its policies, it will not formally review, change, or veto administrative regulations unless they are, in the Board’s judgment, contrary to the intent of established Board policy.
 
 
Approved:  August 12, 1985                                   
 
Reviewed:   Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
 
 

203.4 Standing Committees of the Board

Standing Committees of the Board
 
There shall be no standing committees.
 
 
Approved:  August 12, 1985
 
Reviewed:  February 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014

203.5 Temporary Committees of the Board

TEMPORARY COMMITTEES OF THE BOARD
 
 
Temporary committees of the Board may be appointed by the president of the Board of Directors;  their duties shall be outlined at the time of appointment.  A temporary committee shall be considered dissolved when its final report is made to the Board of Directors.  The function of the advisory 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.
 
 
Approved:  August 12, 1985                                   
 
Reviewed:  Feb. 10, 1997
March 12, 2001 
December 19, 2005
September 2008
January 20, 2014

203.6 Citizens' Advisory Committees

CITIZENS’ ADVISORY COMMITTEES
 
 
Whenever it seems advisable, the Board of Directors may appoint a temporary citizen advisory committee for specific or general purposes.  The duties of such committees shall be outlined at the time of appointment.  Recommendations and reports from citizens’ advisory committees 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.
 
 
 
Approved:  August 12, 1985                                                  
 
Reviewed:   Feb. 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014
 

203.7 Ad Hoc Committees

AD HOC COMMITTEES
 
 
Whenever the board deems it necessary, the board may appoint a committee of the board made up of citizens, staff or students to assist the board.  Committees formed by the board shall be ad hoc committees.
 
An ad hoc committee is formed by board resolution which shall outline the duties and purpose of the committee.  The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution.  The committee shall automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution.  The board will receive the report of the committee for consideration.  The board retains the authority to make a final decision on the issue.  The committee may be subject to the open meetings law.
 
The board president shall appoint, or the board shall elect, the necessary members to the committee.  When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and shall consider the various viewpoints on the issue.  The board may designate a board member and the superintendent to serve on an ad hoc committee.  The committee will select its own chairperson, unless the board designates  otherwise.
 
 
Approved:  August 12, 1985  
 
Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014            
 
Revised:  August 9, 1993
 
 

203.7E Ad Hoc Committees Exhibit

AD HOC COMMITTEES EXHIBIT
 
 
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 are 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.  Board must follow the legal limitations or requirements regarding the membership of and ad hoc committee.
 

203.8 Board of Directors' Conflict of Interest

 
BOARD OF DIRECTORS' CONFLICT OF INTEREST
 
Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school 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.  A board member will not act as an agent for a school textbook or school supply company during the board member's term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts to purchase goods or services if the benefit to the board member does not exceed $2,500 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.
 
The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, 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.
 
It will also be a conflict of interest for a board member to engage in any outside employment or activity which 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:
 
        (1)      The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school 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.
        (2)      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 school 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 school district.
        (3)      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.
 
 
Legal Reference:           Iowa Code §§ 55; 68B, 71.1; 277.27; 279.7A; 301.28 (2003).
1990 Op. Att'y Gen. 37.
1988 Op. Att'y Gen. 21.
1986 Op. Att'y Gen. 10.
1984 Op. Att'y Gen. 23.
1982 Op. Att'y Gen. 302.
1978 Op. Att'y Gen. 295.
1976 Op. Att'y Gen. 89.
1974 Op. Att'y Gen. 137.
1936 Op. Att'y Gen. 237.
 
Cross Reference:          201.4    Elections to the Board
202.1    Code of Ethics
205.1    Compensation and Expenses of Board Members
203.9    Gifts to Board of Directors
 
 
Approved:  February 8, 1988              
 
Reviewed: February 10, 1997
March 12, 2001
December 19, 2005
September 2008
January 20, 2014                     
 
Revised: July 17, 2000
September 15, 2003
                                                        

203.9 Gifts to Board of Directors

GIFTS TO BOARD OF DIRECTORS
 
Board members may receive a gift on behalf of the school district.  Board members shall not, either directly or indirectly, solicit, accept or receive gift, series of gifts or an honorarium unless the donor does not meet the definition of “restricted donor” stated below or the gift or 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 school district;
 
            Will be directly and substantially affected financially by the performance or non-performance of the board member’s official duty in 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 school district’s jurisdiction.
 
A “gift” is the giving of anything of value in return for which something of equal of 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 material 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;
                  *    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 services;                
                  *    Items of food and drink with a value of less than three 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 political subdivision of the state of Iowa is a member;
                  *    Items or services received as part of a regularly scheduled event that is part of a conference, seminar or other meeting that is sponsored and directed by any state, national or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.
 
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 food, beverages, travel or 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;
 
                  *    A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization or the department of general services;
 
                  *    A payment made to a board member for services rendered as part of a bona fide 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.
 
                  *  Items received from a charitable, professional, education 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 services;
 
                  *   Non-monetary items with a value of less than three 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 school district is a member or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government  officials or employees;
 
*  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 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 school district; or
 
*  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.
 
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 thefollowing:
 
*  Actual expenses of 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 an honorarium.
 
Approved:  Dec. 14, 1992              
 
Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014            
 
Revised:  Nov. 8, 1993
                                                       

203.10 Board of Directors' Records

BOARD OF DIRECTORS’ RECORDS
 
The board shall keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.
 
It shall be the responsibility of the board secretary to keep the minutes of the board meetings.  The minutes of each board meeting shall include as a minimum the following items:  a record of the date, time, place, members present, action taken and the vote of each member with the schedule of bills allowed attached.  This information shall be furnished within two weeks of the board meeting, information needs to be at the newspaper office within two weeks but not necessarily published within two weeks, and to be published in a newspaper designated as a newspaper for official publication.  The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes.  The permanent records of the board minutes may include more detail than is required for the publication of the minutes.
 
Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofed for errors and retyped.
 
 
Approved:  May 10, 1993   
 
Reviewed:   Feb. 10, 1997
March 12, 2001
December 19, 2005
September, 2008
January 20, 2014                    
 
Revised:  August 9, 1993