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 appropriate director 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 (2013).
Approved 9-13-93 Reviewed 11-22-2021 Revised 2-18-2019
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 is 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 oath 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 (naming the district) as now and hereafter required by law?"
Legal Reference:
Iowa Code §§ 277.28; 279.1, .6
Approved 9-13-93 Reviewed 11-22-2021 Revised 2-18-2019
Code No. 202.3
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.
Legal Reference:
Iowa Code §§ 69.12; 274.7; 279.6-.7.
Approved 9-13-93 Reviewed 11-22-2021 Revised 2-19-2018
Code No. 202.4
VACANCIES
A vacancy occurs as provided by law, which includes but it 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 will be filled by board appointment within 30 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 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 will serve the remaining portion of the unexpired term.
Legal Reference:
Iowa Code §§ 21.6; 69; 277.29; 279 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).
1944 Op. Att'y Gen. 39.
Approved 9-13-93 Reviewed 11-22-2021 Revised 2-18-2019
Code No. 202.5
INDIVIDUAL AUTHORITY
School districts of the public education system in Iowa are governed by an elected board of directors of the school corporation. The board operates as a corporate body, and only the board may make decisions regarding the education program and operations of the school district and to take action affecting the school district.
Individual board members exercise their authority as a board member when they vote to take action at a board meeting. Individual board members, alone, have no authority to make decisions or take action to affect the management of the school district. Without the consent of the board, an individual board member has no authority to act on behalf of the district or the school board.
It shall be the responsibility of each board member and the superintendent to educate the public, the staff and the students of the board member's authority to take action that affects the school district only when voting in a board meeting.
Legal Reference:
School Dist. of Soldier Tp., Crawford Co. v. Moeller, 247 Iowa 239, 73 N.W.2d 43 (1955).
Beers v. Lasher, 209 Iowa 1158, 229 N.W. 821 (1930).
Andrew v. Stuart Savings Bank, 204 Iowa 570, 215 N.W. 807 (1927).
Iowa Code §§ 274.7; 279.8 (2013).
Approved 9-13-93 Reviewed 11-22-2021 Revised 2-18-2019