Roles and Responsibilities for Board Members 1

ISFIS presentation for local use Present virtually as part of ISFIS subscription At your board table in person for ISFIS subscription rate consulting fee Use information on your own (tailor to your own board policy to make the case) Let us know what else you need 2

Board Member vs. Board of Directors Iowa Code: Directors. The affairs of each school corporation shall be conducted by a board of directors, the members of which in all community or independent school districts shall be chosen for a term of four years. Per Iowa law, only the board has authority. Individual members do not have authority to act alone. Laws applying to public officials generally apply to school board members (gift law, open meetings, etc.) 3

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Role of School Board Members 5

Iowa Code Powers and Jurisdiction Each school district shall continue as a school corporation, unless changes as provided by law, and as such, may sue and be sued, hold property, and exercise all the powers granted by law, and shall have exclusive jurisdiction in all school matters over the territory therein contained......Except.... 6

Board Authority is subservient to: United States Constitution Federal law (congressional and Federal DOE) State law (legislative and state DOE and administrative rules) Legal precedent (court rulings at supreme, federal, state and AG’s opinions) 7

Board Authority Constitution, Federal, State Laws and Justice Dillon “…municipal governments only have the powers that are expressly granted to them by the state legislature, those that are necessarily implied from that grant of power, and those that are essential and indispensable to the municipality's existence and functioning.” 8

Examples of State Law Chapter 279: Powers and Duties Chapter 280 Uniform School Requirements See CSIP Committee Chapter 284 Teacher Performance, Compensation and Career Development (and TLS ed reform) See 284.4(c) Create a Teacher Quality Committee See (4) Shall appoint a site-based review council 9

Iowa Code online 10

Purpose of Policy “For many school districts, policymaking is a reactive process. Policies are developed in reaction to changes in state or federal laws or special interests raised by parents, teachers, students, or other district constituent groups. The end product is a complex set of policies that sometimes deal more with legal compliance and requirements rather than the local school board’s vision, direction, and goals for student learning.” 11

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Duties (Responsibilities of the Board of Directors – check out in Carroll CSD Policy Manual on line at carroll.isfis.net and look in your own policy manual:carroll.isfis.net Legislative Duty: policy making with force and effect of law to manage and operate the district. Executive Duty: hire superintendent to operate district on the board’s behalf. Delegate to the CEO authority to carry out board policy, to formulate and carry out rules and regulations, and handle administrative details in a manner which supports and is consistent with board policy. Evaluative Duty: review/evaluate District’s educational program, study and examine facts, conditions and circumstances surrounding funds received/expended and educational program’s ability to achieve board’s educational philosophy for the school district.

Policy (Legislative) Boards speak through policy-making. This is similar to Congress speaking through legislation. Boards have power in legislating via policy. Policy exists before board members take office. Policy outlasts individual board members when they are gone. Policy evolves as directed by higher authorities, as considered through regular review cycles, as times, expectations and directions change. 14

Purpose of Policy: Exercise of the Board’s Legislative Authority Set the direction and goals of the district Provide for consistent treatment and experience Comply with state and federal law Guide for administrative action Protect the district against liability Protect staff and students from harm Outlive individual board members/staff Resolve conflict Advocate for a particular cause 15

Direct the Superintendent (Executive) Hire the Superintendent Review and Revise the Superintendent’s Job Description Set Expectations Negotiate what evidence will be accepted as proof of job performance Evaluate Based on agreed-to Expectations Support the Superintendent’s Learning 16

Ensure the District is Well Run (Evaluative) Mission: asks about outcomes related to mission Program: educational initiatives and regular program’s ability to meet educational goals Resources: send money where it supports the mission, study and examine funds received and expended, examines conditions and circumstances surrounding expenditures 20,000 foot view on employee negotiations, discipline, hearings, contracts: Keep distance necessary to preserve ability to be the impartial panel if necessary 17

Let’s look at some policy examples: 18 Series 209.1: Development of policy

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Other considerations: Iowa Code Chapter 279 and 280 Administrative Rules Chapter 281 Take a look at the DE’s Uniform Administrative Procedures Manual for detailed explanation of what districts must doUniform Administrative Procedures Manual 20

Adoption of Policy Board gives notice of proposed policy changes or a new policy by placing the item on the agenda of at least 1 regular board meeting. Proposed policy changes are distributed and public comment may be allowed at the meetings prior to final board action, unless there’s an emergency or controversial situation. If the board adopts a policy in an emergency or controversial situation, a statement regarding the emergency and the need for immediate adoption of the policy will be included in the minutes. Normal board policy approval will require one reading (Check your policy manual) There is no legal requirement for the number of readings a board policy needs prior to adoption. Standard of practice is two meetings. Policies required to be reviewed every 5 years (check your policy manual for your process – in Carroll, it’s and they set the cycle at 3 years) 21

Transparency Should board policies be secrets? How easy was it to find your district’s policy manual? Assume the role of a parent and look up your district’s policy for requesting a change to another building (either within district change of attendance center or open enrollment to a neighboring district). Can you find it? How easy is it to understand? What do you as a parent think about the policy? 22

Communication District policy – check for district spokesperson and responsibilities When speaking with constituents and staff, preserve the option to learn for board members to learn from each other at the board table. When in doubt, start with the role question to determine if you need a policy: 23

Memorize this question: Is this issue before us primarily: Legislative (policy making) Executive (part of direction to or evaluation of superintendent) or Evaluative (ensure the district is well run and achieving our board goals) What does our policy already say about this issue? 24

Questions or Comments? Larry Sigel, ISFIS – Partner Cell: Iowa School Finance Information Services rd Street Des Moines, IA Office: Margaret Buckton, ISFIS – Partner Cell: