201 - General Organization

 

 

 

201.2 - Legal Status of the School Board

 

 

 

The Board of Directors of the Linn-Mar Community School District derives its legal status from the Constitution of the state of Iowa and the statutes enacted by the General Assembly.

The Board of Directors acts as an agent of the state in developing an educational program in accordance with the constitution and laws of the state of Iowa.

The board is organized for the purpose of setting policy and providing general direction for the school district.


Adopted: 6/70
Reviewed: 10/11; 4/13; 8/14; 9/16; 10/19
Revised: 11/08
Legal Reference (Code of Iowa): 274.1; 274.2, 274.4, 277.2, 277.3

201.4 - School Board Elections

 

 

 

School elections take place on the first Tuesday after the first Monday in November of odd-numbered years. Each school election is used to elect at least three citizens representing the district at large to the board for a four-year term to maintain a seven member board. The election may also address other 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 designee] in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy.

It is the responsibility of the county commissioner of elections to conduct school elections.

As specified by law, special elections may be called by the school board with regard to those matters stipulated in the Code of Iowa.


Adopted: 9/85
Reviewed: 10/11; 4/13; 8/14; 10/19
Revised: 11/08; 9/16; 11/18
Related Policy (Code #): 204.5
Legal Reference (Code of Iowa): §§ .39; .45; .63; .69; 274.7; 277; 278.1; 279.7
IASB Reference: 201

201.5 - Board Member 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 should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators, and have the ability to examine the facts and make a decision. The board believe 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 resident of the school district, an eligible elector of the district, and free from financial conflict of interest with the position as described in Policy 202.7, Board of Director’s Conflict of Interest.


Adopted: 9/85
Reviewed: 4/13; 8/14; 9/16; 10/19
Revised: 11/08
Related Policy (Code #): 202.6
Legal Reference (Code of Iowa): §§ 63; 68B; 277.4, .27; 279.7A (2013)
IASB Reference: 202.1

201.6 - Organization of the School Board

 

 

 

The Linn-Mar Community School District Board of Education is authorized by and derives its organization from Iowa law. The board will consist of seven board members.

The board will hold its organizational meeting at the first regular meeting following the canvass of votes. Notice of the meeting place and time will be given by the board secretary to each member, member-elect, and the public. The purpose of the organizational meeting is to transfer materials and responsibility from the outgoing board to the new board.

At the organizational meeting, the board will elect a president and a vice president who will hold office for one year. In even numbered years, the president and vice president are elected at the annual meeting. Once elected, the president and vice president will be entitled to vote on all matters before the board.

Vacancies in Officer Positions: If any office of the board should become vacant between organizational meetings such office will be filled as follows:

  • President: Filled by the vice president (Policy 202.4)
  • Vice President: Filled by election from members of board (Policy 202.4)
  • Secretary: Filled temporarily by the superintendent (Policy 202.5)
  • Treasurer: Filled temporarily by the business manager until a replacement is appointed by the board (Policy 202.6)

Adopted: 6/70
Reviewed: 10/11; 9/16; 10/19
Revised: 4/13; 9/13; 8/14
Related Policy (Code#): 202.4-6
Legal Reference (Code of Iowa): §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7-8, .33; 281 IAC 12.3(2)
IASB Reference: 200.1; 200.1R1

201.7 - Board Member Term of Office

 

 

 

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.

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

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


Adopted: 9/16
Reviewed: 10/19
Revised: 11/18
Related Policy (Code #): 201.4; 201.6; 201.8
Legal Reference (Code of Iowa): §§ 69.12; 274.7; 279.6-7
IASB Reference: 202.3

201.8 - School Board Vacancies

 

 

 

A vacancy occurs as provided by law, which includes but is not limited to when a board member 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 shall be filled by board appointment within 30 days of the vacancy. The board shall publish notice stating their intention 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 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 30 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 60 days and not later than 70 days after the vacancy occurred. A board member elected at the special election shall serve the remaining portion of the unexpired term.


Adopted: 6/70
Reviewed: 10/11; 4/13; 8/14; 10/19
Revised: 11/08; 9/16
Legal Reference (Code of Iowa): §§ 69; 277.29; 279; Good v Crouch, 397 NW2d 757 (Iowa 1986);
Board of Directors of Grimes Independent SD v County Board of Public Instruction of Polk Co, 257 Iowa 106, 131 NW2d 802 (1965);
Board of Directors of Menlo Consolidated SD v Blakesburg, 240 Iowa 910, 36 NW2d 751 (1949); 1944 Op Atty Gen 39
IASB Reference: 202.4

201.9 - Board Member Liability

 

 

 

Board members will 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 will act in good faith.

The school district will 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 the act constitutes a willful or wanton act or omission. However, the school district cannot save harmless or indemnify board members for punitive damages.


Adopted: 11/08
Reviewed: 4/13; 8/14; 9/16; 10/19
Related Policy (Code #): 709
Legal Reference (Code of Iowa): Wood v Strickland, 420 US 308 (1975);
42 USC §§ 1983, 1985 (2012); Ch 670
IASB Reference: 205