Code No. 200.1
ORGANIZATION OF THE BOARD OF DIRECTORS
The Morning Sun Community School District board is authorized by and derives its organization from Iowa law. The board shall consist of five board members. Board members shall be 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 shall 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 meeting, complete unfinished business and review the school election results. The retiring board will adjourn and the new board will then begin. The secretary will administer the oath of office to the newly-elected board members. The superintendent will preside while the new board elects the president and vice-president of the new board.
Legal Reference: Iowa Code §§ 274.2; 275.23A; 277.2, .23, .28, .31; 279.1, .5, .7, .8
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' Mettings
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised 02.10.09
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 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 organization 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.
Code No. 200.2
POWERS OF THE BOARD OF DIRECTORS
The board of the Morning Sun Community School District, acting on behalf of the school district, shall 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.
Legal Reference: Board of Directors of Independent School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 28E; 274.1-.2; 279.8, .15-.16 (1993).
281 I.A.C 12.1(2).
1990 Op. Att'y Gen. 66.
Cross Reference: 100 Legal Status of the School District
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
200.3 RESPONSIBILITIES OF THE BOARD OF DIRECTORS
The Morning Sun Board of Directors is authorized to govern the school district which it oversees. The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency. As the governing Board of the school district, the Board has three duties to perform: legislative duty, executive duty, and evaluative duty, and quasi-judicial 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 policymaking 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 expanded and the education program's ability to achieve the Board's educational philosophy for the school district.
The board fulfills its quasi-judicial duties in serving as a neutral arbiter for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals. This important power was granted by the Iowa Legislature and cannot be delegated. To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.
Legal Reference: Iowa Code 274.1; 279; 280.12
281 I.A.C. 12.3(2).
Cross Reference: 101 Educational Philosophy of the School District
103 Long Range Needs Assessment
209 Board of Directors’ Management Procedures
600 Goals and Objectives of the Education Program
Approved: 07/18/1995
Reviewed: 09/18/2003;11/9/11; 10/14/15; 7/8/2020; 9/13/22
Revised: 7/13/2006; 7/14/21; 7/11/22
The board sees the value in promoting the excellent work and accomplishments of the district’s students and staff. Social media is one of many effective communication tools that the district may utilize. Board members have been publicly elected to govern the district and accept a fiduciary responsibility. That responsibility means board members agree to always act in the best interests of the district. For this reason, the board shall expect that individual communications and social media posts made by board members will reflect the values and decorum expected of elected officials in the school community.
All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions. As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation. Additionally, board members should be aware that protected speech can still subject individuals to legal liability. If using social media to discuss district related matters, board members should be aware that they may be prohibited from blocking individual communications and posters based upon the content of their posts.
The board as a whole and individual board members in their governance role have legal obligations to safeguard the privacy of information related to student and employee matters. Board members will refrain from posting or communicating on social media in a way that violates the district’s obligation to protect the privacy of its students and employees.
Board members are uniquely positioned in the school community to be both accessible and responsive to community concerns about the effective governance of the district. As a result, the board will remember their obligations to safeguard student and employee privacy when responding to any social media posts or communications, even if the response is intended to correct information for the rest of the school community. Board members will direct concerned individuals to the appropriate district staff to address their inquiry or complaint in accordance with board policy.
Legal Reference: U.S. Const. Amend. I
Iowa Const. Art. I, sec. 7
20 U.S.C. 1414(c)
34 C.F.R. 99.3
Iowa Code §§ 21; 22
Cross Reference: 200.03—Responsibilities of the Board
902.01—News Media Relations
Approved: 6/12/23
Reviewed:
Revised:
Code No. 201
BOARD OF DIRECTORS' ELECTIONS
The annual school election takes place on the second Tuesday in September of odd-numbered years. Each annual school election is used to elect citizens to the board to maintain a five-member board and to address questions that must be submitted to the voters.
Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary's designee, between sixty-five and forty days before the school election unless otherwise directed.
If a vacancy occurs on the board it may be filled by appointment within thirty days of the vacancy. If the board does not fill the vacancy by appointment, the board secretary will call a special election to fill the vacancy. Candidates for a seat created by a vacancy must file their nomination papers 85 days before the special election.
It is the responsibility of the county commissioner of elections to conduct school elections.
Legal Reference: Iowa Code §§ 39; 45; 47-53; 56-57; 69; 274.7; 277; 278.1 (1993).
Cross Reference: 202 Board of Directors Members
701.2 Transfer of Funds
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised 12/10/09
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 202.1
QUALIFICATIONS
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 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.
Legal Reference: Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (1993).
Cross Reference: 201 Board of Directors' Elections
202.4 Vacancies
203 Board of Directors' Conflict of Interest
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 202.2
OATH OF OFFICE
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 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 will take the oath of office within ten days of the appointment or election.
Board members elected to offices of the board will 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 is 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 is 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 the Morning Sun Community School District as now and hereafter required by law?"
Legal Reference: Iowa Code §§ 277.28; 279.1 (1993).
Cross Reference: 200.1 Organization of the Board of Directors
201 Board of Directors' Elections
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised 02.10.09
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 202.3
TERM OF OFFICE
Board members elected for a full term at a regularly scheduled school election in September, of odd-numbered years, serve for four years. Board members appointed to fill a vacant position will serve until the next scheduled school 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-.7 (1993).
Cross Reference: 201 Board of Directors' Elections
202.1 Qualifications
202.4 Vacancies
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised 02/10/09
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 202.4
VACANCIES
A vacancy occurs as provided by law, which includes but is not limited to when a board members dies, resigns or leaves office, or fails to reside in the school district or director district.
If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within thirty 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 a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election.
A person appointed to fill a vacancy shall hold office 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.
If the board is unable to fill a vacancy by appointment within thirty days after the vacancy occurs, or if a valid petition is submitted, the board secretary will call a special election to be held no sooner than sixty days and not later than seventy days after the vacancy occurred. A board member elected at the special election will serve the remaining portion of the unexpired term.
Legal Reference: 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).
Iowa Code §§ 69; 277.28-.29; 279.6-.7 (1993).
Iowa Code § 279.7 (Supp. 1993).
1944 Op. Att'y Gen. 39.
Cross Reference: 201 Board of Directors' Elections
202 Board of Directors Members
202.3 Term of Office
Approved 08/23/94 Reviewed 10/23/97; 9/16/02; 9/12/07; 9/11/12; 9/19/17; 9/13/22 Revised 02/10/09
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
203 BOARD OF DIRECTORS' CONFLICT OF INTEREST
Morning Sun Board members must be able to make decisions objectively. It shall be 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 shall not act as an agent for a school textbook or school supply company doing business with the school district 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 $20,000 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 the 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 interest, situations in which an unacceptable conflict of interest shall be deemed to exist includes, but not be limited to, any of the following:
If the outside employment or activity is employment or activity and (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:
When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract. Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.
It shall be the responsibility of each Board member to be aware of and take the action necessary to eliminate a potential conflict of interest should it arise.
Legal Reference: 22 C.F.R. 518.42
Iowa Code 68B; 71.1; 277.27; 279.7A; 301.28
Cross Reference: 201--Board of Directors' Elections
202.1--Qualifications
204--Code of Ethics
216.3--Board of Directors' Member Compensation and Expenses
217--Gifts to Board of Directors
401.3--Nepotism
Approved: 07/18/1995
Reviewed: 10/09/2003; 10/14/15; 9/10/2020; 10/18/22
Revised: 10/09/2003; 7/13/2006; 11/9/11; 7/11/22
Code No. 204
CODE OF ETHICS
Board members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, Board members must conduct themselves professionally in a manner fitting to their position.
Each Board member shall follow the code of ethics stated in this policy.
AS A SCHOOL BOARD MEMBER:
IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY:
IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES
TO COOPERATE WITH OTHER SCHOOL BOARDS
Legal Reference: Iowa Code 21.6(3)(d); 69; 277.28; 279.8(1993).
Cross Reference: 202 Board of Directors Members
203 Board of Directors' Conflict of Interest
Approved 8/23/94 Reviewed 10/23/97; 10/14/02; 10/9/07; 10/10/12; 10/17/17; 10/18/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 205
BOARD MEMBER LIABILITY
Board members shall not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community. In carrying out the duties and responsibilities of their office, board members shall act in good faith.
The school district shall defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless it constitutes a willful or wanton act or omission. However, the school district shall not save harmless or indemnify board members from punitive damages.
Legal Reference: Wood v. Strickland, 420 U.S. 308 (1975).
42 U.S.C. §§ 1983, 1985 (1988).
Iowa Code ch. 670 (1993).
Cross Reference: 709 Insurance Program
Approved 08/23/94 Reviewed 10/23/97; 10/14/02; 10/9/07; 10/10/12; 10/17/17; 10/18/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 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, of 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 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.
Legal Reference: Iowa Code §§ 279.1-.2; 291.1 (1993).
Cross Reference: 200.1 Organization of the Board of Directors
202.2 Oath of Office
206.2 Vice President
Approved 08/23/94 Reviewed 10/23/97; 11/11/02; 11/12/07; 11/13/12; 11/16/17; 11/7/22 Revised 02/10/09; 8/11/10; 7/13/21
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 206.2
VICE PRESIDENT
The vice-president of the board is elected 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, 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 08/23/94 Reviewed 10/23/97; 11/11/02; 11/12/07; 11/13/12; 11/16/17; 11/7/22 Revised 02/10/09; 8/11/10; 7/13/21
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 206.3
Page 1 of 2
SECRETARY-TREASURER
It shall be the responsibility of the board to annually appoint a board secretary-treasurer.
A board secretary-treasurer may be appointed from employees, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1 and no later than August 15, to serve a one year term of office. To finalize the appointment, the board secretary-treasurer shall take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.
It shall be the responsibility of the board secretary-treasurer, 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-treasurer shall also be responsible for filing the required reports with the Iowa Department of Education.
It shall be the responsibility of the board secretary-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. It shall also be the responsibility of the board secretary-treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the school district.
In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, the appropriate appointee shall assume those duties until the board secretary-treasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.
The board secretary-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; 64; 277.27; 279.3, .5, .7, .31-.33, .35; 291.2-.4, .6-.15; 299.10, .16 (1993).
281 I.A.C 12.3(1).
1978 Op. Att'y Gen. 328.
Cross Reference: 202.2 Oath of Office
501.10 Truancy - Unexcused Absences
704 Revenue
704.3 Investments
Approved 08/23/94 Reviewed 10/23/97; 11/11/02; 11/12/07; 11/13/12; 11/16/17; 11/7/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 207
BOARD OF DIRECTORS' CONFLICT OF INTEREST
It shall be the responsibility of the Morning Sun Board of Directors to employ legal counsel to assist the Board and administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The Board may appoint legal counsel at its annual meeting.
The superintendent shall have the authority to contact the Board's legal counsel on behalf of the Board when the superintendent believes it is necessary for the management of the school district. The Board president may contact and seek advice from the school Board's legal counsel. The Board's legal counsel shall attend both regular and special school Board meetings upon the request of the Board or the superintendent. Board members may contact legal counsel upon approval of a majority of the Board. It shall be the responsibility of each Board member to pay the legal fees, if any, of an attorney the Board member consulted regarding matters of the school district unless the Board has authorized a Board member to consult an attorney on the matter.
It shall be the responsibility of the superintendent to keep the Board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.
Legal Reference: Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).
Iowa Code279.39 (1993)
Cross Reference: 200.2 Powers of the Board of Directors
Approved: 8/23/94 Reviewed: 10/23/97 ; 11/11/02; 11/12/07; 11/13/12; 11/16/17; 11/7/22 Revised:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 208
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 method for selection of committee members shall be stated in the board resolution. 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.
Legal Reference: Iowa Code §§ 279.8; 280.12(2) (1993).
281 I.A.C 12.3.3(3), .3(8), .5(8).
Cross Reference: 211 Open Meetings
212 Closed Sessions
215 Board of Directors' Records
605.1 Instructional Materials Selection
900 Principles and Objectives for Community Relations
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17; 11/7/22 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 208.1E1
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 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.
Approved Reviewed 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.1
DEVELOPMENT OF POLICY
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 (1993).
281 I.A.C 12.3(2).
1970 Op. Att'y Gen. 287.
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.2
ADOPTION OF POLICY
The board shall give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two board meetings. The proposed policy changes shall be distributed and public comment will be allowed at both meetings prior to final board action. This notice procedure shall be required except for emergency situations. If the board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy shall be included in the minutes. The board shall have complete discretion to determine what constitutes an emergency situation.
The final action taken to adopt the proposed policy shall be approved by a simple majority vote of the board at the next meeting after the meetings 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 next 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 (1993).
281 I.A.C 12.3(2).
1970 Op. Att'y Gen. 287.
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.3
DISSEMINATION OF POLICY
A board policy manual shall be housed in each school attendance center and in the central administration office. Each board member shall have a personal copy of the board policy manual. Persons wishing to review the board policy manual shall contact the board secretary, who shall have a board policy manual available for public inspection.
It shall be the responsibility of the board secretary to ensure copies of new and revised policy statements are distributed to the custodians of board policy manuals no later than the first regular board meeting following the policy's adoption. Copies of changes in board policy shall also be attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.
It shall be the responsibility of each board member, during the board member's term of office, to keep the manual current and up-to-date and to surrender the manual to the board secretary at the conclusion of the board member's term of office.
Legal Reference: Iowa Code §§ 277.31; 279.8 (1993).
281 I.A.C 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.4
SUSPENSION OF POLICY
Generally, the board shall follow board policy and enforce it equitably. 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.
Board policy shall not be suspended by the administration or employees. Board policy may only be suspended by the board.
Legal Reference: Iowa Code § 279.8 (1993).
281 I.A.C 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.5
ADMINISTRATION IN THE ABSENCE OF POLICY
When there is no board policy in existence to provide guidance on a matter before the administration, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy 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. If needed, the superintendent shall draft a proposed policy for the board to consider.
Legal Reference: Iowa Code § 279.8 (1993).
281 I.A.C 12.3(2).
Cross Reference: 101 Educational Philosophy of the School District
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
12.14.02
12.11.07
12.12.12
12.11.17
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.6
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, 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 the law 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, the policy may be approved at one meeting at the discretion of the board.
Legal Reference: Iowa Code § 279.8 (1999).
281 I.A.C. 12.3(2).
Cross Reference: 101 Educational Philosophy of the School District
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised 12/13/99
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 209.7
REVIEW OF ADMINISTRATIVE REGULATIONS
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, including handbooks, will be reviewed by the board prior to their use in the school district.
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 (1993).
Cross Reference: 101 Educational Philosophy of the School District
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedure
Approved 08/23/94 Reviewed 10/23/97; 12/14/02; 12/11/07; 12/12/12; 12/11/17 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 210.1
Each year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board will hold its annual meeting.
At the annual meeting, the board will 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 will present affidavits from depository banks. The board may also appoint the board's legal counsel at the annual meeting.
Legal Reference: Iowa Code §§ 279.1, .3, .33
Cross Reference: 206.3 Secretary-Treasurer
701.1 Depository of Funds
707 Fiscal Reports
Approved 08/23/94 Reviewed 11/10/97; 1/15/08; 1/09/13; 1/09/18; Revised 09//15/03; 8/11/10
Morning Sun Community School District Board of Directors
Code No. 210.2
REGULAR MEETING
The regular meeting time and date will be set by the board at its annual or 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 at the board's convenience. Public notice of the meetings will be given.
Legal Reference: Iowa Code §§ 21.3, .4; 279.1 (2009).
1980 Op. Att'y Gen. 148.
Cross Reference: 200.1 Organization of the Board of Directors
210 Board of Directors' Meetings
Approved 08/23/94 Reviewed 01/13/03; 1/15/08; 1/09/13; 1/09/18 Revised 11/10/97
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 210.3
SPECIAL MEETING
It may be necessary for the board to conduct a meeting instead of, or in addition to, the regularly scheduled board meeting. Special meetings may be called by the president of the board, by the board secretary or 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. 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 board meeting.
Legal Reference: Iowa Code §§ 21.3, .4; 279.2 (1993).
1980 Op. Att'y Gen. 148.
Cross Reference: 200.1 Organization of the Board of Directors
210.2 Regular Meeting
210.5 Meeting Notice
Approved 08/23/94 Reviewed 11/10/97; 1/13/03; 1/15/08; 1/09/13; 1/09/18 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 210.4
WORK SESSIONS
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 just 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 §§ 20.17; 21; 22.7; 279.15, .16, .24 (1993).
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
212 Closed Sessions
Approved 08/23/94 Reviewed 11/10/97; 1/13/03; 1/15/08; 1/09/13; 1/09/18 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
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 in a prominent place clearly designated for posting agendas in the central administration office, and on an exterior facing door/window so that community members may see the agenda when the building is physically closed. The agenda will be posted at least 1 (one) day before the 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 the 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
1952 Op. Att'y Gen. 133
Cross Reference: 210—Board of Directors’ Meetings
Approved: 8/23/94
Reviewed: 11/10/97; 1/13/03; 1/15/08; 1/9/13; 1/09/18
Revised: 5/11/23
Code No. 210.6
QUORUM
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, three 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 board members present 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
Cross Reference: 210 Board of Directors' Meetings
Approved 08/23/94 Reviewed 11/10/97; 1/13/03; 1/15/08; 1/09/13; 1/09/18 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 210.7
RULES OF ORDER
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 insure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to insure adequate discussion of decisions to be made; and,
• To insure 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 (1993).
Cross Reference: 206.1 President
210.6 Quorum
Approved 08/23/94 Reviewed 11/10/97; 1/13/03; 1/15/08; 1/09/13; 1/09/18 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 210.7R1
Page 1 of 2
RULES OF ORDER REGULATION
The following rules of procedure have been adopted by the board at the annual or organizational meeting:
1. Board members need not rise to gain the recognition of the board president.
2. All motions will be made as a positive action.
3. A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast. Only "yes" and "no" votes are counted in this calculation. It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.
4. All motions shall receive a second, prior to opening the issue for discussion of the board. If a motion does not receive a second, the board president may declare the motion dead for lack of a second.
5. The board president may decide the order in which board members will be recognized to address an issue. An attempt should be made to alternate between pro and con positions.
6. The board president shall rule on all motions that come before the board.
7. The board president may rule on points of order brought before the board.
8. The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting. Members of the public who wish to participate shall follow board policy.
9. The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.
10. The board president has the same authority and responsibility as each board member to vote on all issues
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
211.7R1
Page 2 of 2
RULES OF ORDER REGULATION
a.) All board members will be listed in alphabetical order by last name.
b.) All roll call votes will be called in alphabetical order, beginning at various points on the list.
c.) The first roll call vote will begin at the top of the list and proceed down. The second roll call vote will begin with the second name and proceed down the list, with the last name called to be the first person called on the previous vote.
d.) A person’s absence, or presence, will have no effect on the rotation.
e.) The board president’s name will be placed in the rotation and receives no preferential treatment.
f.) The board secretary will maintain the record of rotation for roll call votes. The sequence will continue from meeting to meeting.
11.) The board president has the same authority and responsibility as each board member to vote on all issues.
Legal Reference: Iowa Code **21.2, .7; 279.8 (1993)
Cross Reference: 206.1 President
211.6 Quorum
211.8 Methods of Voting
214.2 Order of the Regular Board of Directors’ Meeting
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS’
Code No. 210.9
CONSENT AGENDAS
Very often the board must consider agenda items which are noncontroversial or similar in content. Such agenda items might include ministerial tasks such as, but not limited to, the approval of the agenda, approval of previous minutes, approval of bills, approval of reports, etc. These items might also include similar groups of decisions such as, but not limited to, approval of staff contracts, approval of maintenance details for the school buildings and grounds, open enrollment requests or approval of various schedules.
In order for a more efficient administration of board meetings, the board may elect to use a consent agenda for the passage of such noncontroversial items or items of a similar nature.
The superintendent in consultation with the board president and board secretary shall place items on the consent agenda. By using a consent agenda, the board has consented to the consideration of certain items as a group under one resolution. Should a consent agenda be used, each item will be allowed sufficient discussion time to review the item. Items may be removed from the consent agenda at the request of a board member.
Nothing in this policy is to be construed as an attempt to avoid full compliance with laws dealing with open meetings or public notice of the agenda and meeting.
Legal Reference: Iowa Code §§ 21; 279.8 (1993).
Cross Reference: 206 Board of Directors' Officers
210 Board of Directors' Meetings
213 Public Participation in Board Meetings
215 Board of Directors' Records
901.1 Public Examination of School District Records
Approved 08/23894 Reviewed 11/10/97' 2/10/03; 2/11/08; 2/13/13; 2/13/18 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 211
OPEN MEETINGS
A gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board's policy-making duties takes place is a board meeting. A gathering for the purpose of social or ministerial action shall not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of the open meetings law. Meetings of the board shall be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.
Legal Reference: Iowa Code §§ 21, 279.1-.2
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.
Cross Reference: 208 Ad Hoc Committees
210 Board of Directors' Meetings
212 Closed Sessions
Approved 08/23/94 Reviewed 11/10/07; 1/13/03; 1/15/08; 1/09/13; 1/09/18; 1/10/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 212
CLOSED SESSIONS
Generally, board meetings will be open meetings, unless a closed session or exempt meeting is provided for by law. The board will hold a closed session or exempt meeting in the situations stated below.
Exceptions to the Open Meetings Law
Closed sessions take place as part of an open meeting. The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice. The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote. Closed sessions will be tape recorded and have detailed minutes kept by the board secretary. Final action on matters discussed in the closed session will be taken in an open meeting.
The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes will be kept for one year from the date of the meeting. Real estate related minutes and tapes will be made public after the real estate transaction is completed.
The detailed minutes and tape recording will be sealed and will not be public records open to public inspection. The minutes and tape recording will only be available to board members or opened upon court order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to whom may be present at a closed session.
Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:
1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board's possession or receipt of federal funds.
2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.
3. To discuss whether to conduct a hearing, or conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.
4. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.
5. To discuss the purchase or sale of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property, or in case of a sale reduce the price the board could receive for the property.
Code No. 213
Page 2 of 2
CLOSED SESSIONS
Exemptions to the Open Meetings Law
Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion. The board may also hold an exempt session for the following:
1. negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
3. to conduct a private hearing relating to the recommended termination of a teacher's contract. The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and
4. to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.
Legal Reference: Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24 (2011).
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: 208 Ad Hoc Committees
211 Open Meetings
Approved 08/23/94 Reviewed 11/10/97; 2/11/08; 2/10/03; 2/11/08; 2/13/13' 2/13/18; 1/10/23 Revised 11/09/11
213 PUBLIC PARTICIPATION IN BOARD MEETINGS
The board recognizes the importance of citizen participation in school district matters. In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board shall set time aside for citizen participation, either at a specific time during the meeting or during the discussion of agenda items.
Public Comment During Board Meetings
Citizens wishing to address the board on a certain agenda item must notify the superintendent prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during public comment. Citizens wishing to present petitions to the board may also do so at this time. The board, however, will only receive the petitions and not act upon them or their contents.
The board has the discretion to limit the amount of time set aside for public participation. Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during public comment.
Public comment shall be limited to regular board meetings and will not be routinely held during special board meetings.
Petitions to Place a Topic on the Agenda
Individuals who wish for an item to be placed on the board agenda may submit a valid petition to the board. For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower.
Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition. The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up. The sign-up sheet will require each individual to list their legal name and mailing address. Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up. The same time limit will apply to all speakers on the proposal. Each individual will be limited to one opportunity to speak. The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum ,the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum.
The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility. The orderly process of the board meeting shall not be interfered with or disrupted by public comment. Only those speakers recognized by the board president shall be allowed to speak. Comments by others are out of order. If disruptive, the individual causing disruption may be asked to leave the board meeting. Defamatory comments may be subject to legal action.
Legal Reference: Iowa Code §§ 21; 279.8, 279.87B.
Cross Reference: 205 Board Member Liability
210.8 Board Meeting Agenda
214 Public Hearings
307 Communication Channels
401.4 Employee Complaints
402.5 Public Complaints About Employees
502.4 Student Complaints and Grievances
Approved: 8/23/94 Reviewed: 11/10/97; 3/10/93; 3/10/08; 3/13/13; 3/15/18; 2/15/23 Revised: 8/12/21
213.1 GENERAL COMPLAINTS BY CITIZENS
The board recognizes situations may arise in the operation of the school district which are of concern to parents na dother 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 or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:
Matters should first be addressed to the teacher or employee.
Unsettled matters from above or problems and questions about individual attendance centers should be address to the employee’s building principal.
Unsettled matters from above or problems and questions concerning the school district should be directed to the superintendent.
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.
It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy. The board is not obligated to address a complaint and may defer to the decision of the superintendent. IF the board elects not to address a complaint, the decision of the superintendent shall be final. If the board does elect to address a complaint, its decision shall be final.
Parents, guardians, and community members of the district who have concerns about the district or the board may refer to the student handbook for additional guidance from the Iowa Department of Education.
Legal Reference: Iowa Code § 279.8 (1993).
Cross Reference: 210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
Approved: 8/23/94
Reviewed: 11/10/97; 3/10/03; 3/10/08; 3/13/13; 3/15/18; 2/15/23
Revised: 7/13/21
Code No. 214
PUBLIC HEARINGS
Public hearings may be held by the board on school district matters at the discretion of the board. Public notice of a public hearing shall be in the same manner as for a board meeting except that the notice shall be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so.
At public hearings, citizens of the district who register at the door will be allowed to speak to the issue for which the public hearing is being held. Others may be allowed to speak at the board's discretion. Speakers are asked to keep their remarks as brief as possible. Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals. In no event will a speaker be allowed to take the time of another speaker.
The board shall conduct public hearings in an orderly fashion. At the beginning of the hearing statements and background materials and public hearing rules and procedures will be presented by the chair. The chair will recognize the speakers. A board member may ask questions of the speakers after receiving permission from the chair. Only those speakers recognized by the chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers, the board or the proceedings shall be asked to leave.
Legal Reference: Iowa Code §§ 24.9; 279.8 (1993).
Cross Reference: 210 Board of Directors' Meetings
213 Public Participation in Board Meetings
703.1 Budget Planning
Approved 8/23/94 Reviewed 11/10/97; 3/10/03; 3/10/08; 3/13/13; 3/15/18; 2/17/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 215
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, and the schedule of bills allowed shall be attached. This information shall be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. 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 proofread for errors and retyped.
Legal Reference: Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3
281 I.A.C 12.3(1).
1982 Op. Att'y Gen. 215.
1974 Op. Att'y Gen. 403.
1952 Op. Att'y Gen. 133.
Cross Reference: 206.3 Secretary-Treasurer
208 Ad Hoc Committees
708 Care, Maintenance, and Disposal of School District Records
901 Public Examination of School District Records
Approved 08/23/94 Reviewed 11/10/97; 4/14/08; 4/10/13; 4/10/18; 3/15/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTOR
Code No. 215.E1
Page 1 of 2
BOARD MEETING MINUTES
Since the official minutes of the board are the only legal record, it is important that they be recorded with extreme care and completeness. The board secretary will follow the following guidelines in writing board minutes:
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.
Code No. 218.1E1
Page 2 of 2
BOARD MEETING MINUTES
20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.
21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.
22. A record of all delegations appearing before the board and a record of all petitions.
23. At the annual meeting 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.
24. The election or appointment of board officers.
25. The appointment of auditors to examine the books.
At the annual or organizational meeting, in odd numbered years, the minutes should reflect the following:
26. Appointment of a temporary chairperson if not specified in policy.
27. Oath of office administered to newly elected board members.
28. Nominations taken for the office of president and vice-president.
29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.
30. The resolution to pay bills when the board is not in session.
31. A resolution to automatically disburse payroll along with a roster of all employees under contract.
32. A resolution naming depositories along with the maximum deposit for each depository.
33. Resolution authorizing the use of a check protector and signer and the proper control of the signer.
34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 216.1
ASSOCIATION MEMBERSHIP
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 (1993).
Cross Reference: 216.2 Board of Directors' Member Development and Training
Approved 08/23/94 Reviewed 11/10/97; 4/14/08; 4/10/13; 4/10/18; 3/14/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
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.
Board members and the superintendent will assist each newly elected or appointed Board member to understand the Boards function, policies, and procedures.
A new Board member will be provided with copies of all appropriate publications and documents including the Board's policy manual, selected sections of the school laws of Iowa, and other publications from regional and state sources.
New members will be encouraged to attend meetings or workshops conducted by outside organizations designed specifically for the orientation of new members. Expenses will be reimbursed by the Board in accordance with established policy.
Legal Reference: Iowa Code §§ 279.8, .38
Cross Reference: 216.1--Association Membership
Approved: 08/23/94
Reviewed: 11/10/97; 4/14/08; 4/10/13; 4/10/18; 3/14/23
Revised: 2/15/23
Code No. 216.3
BOARD OF DIRECTORS' MEMBER COMPENSATION AND EXPENSES
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 a personal expense. 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.
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 §§ 277.27; 279.7A, .8, .32 (1993).
Cross Reference: 203 Board of Directors' Conflict of Interest
401.07 Employee Travel Compensation
401.010 Credit Cards
705.3 Payment for Goods and Services
Approved 08/23/94 Reviewed 11/10/97; 4/14/08; 4/10/13; 4/10/18; 3/14/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 217
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 a 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 nonperformance of the board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
• Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:
• Contributions to a candidate or a candidate's committee;
• Informational 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;
• Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
Approved 08/23/94 Reviewed 11/10/97; 5/19/03; 5/12/08;5/08/13; 5/08/18; 3/14/23 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Page 1 of 3
Code No. 217
GIFTS TO BOARD OF DIRECTORS
• Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary 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 for purposes of a business or educational conference, seminar or other meeting or solicited by or given to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
• Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Page 2 of 3
Code No. 217
GIFTS TO BOARD OF DIRECTORS
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.
An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:
• Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
• A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.
It shall be the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.
Legal References: Iowa Code ch. 68B (1993).
Iowa Code Supp. ch. 68B (1993).
1972 Op. Att'y Gen. 276.
1970 Op. Att'y Gen. 319.
Cross References: 203 Board Member Conflict of Interest
402.4 Gifts to Employees
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Page 3 of 3