Policy 201 (BP): Name and Legal Status

The Des Moines Independent Community School District is a school corporation under the laws of the state of Iowa, located in the counties of Polk and Warren. It is sometimes referred to as the Des Moines Public Schools (DMPS). The Board of Directors of the Des Moines Independent Community School District derives its legal status from the constitution of the State of Iowa and statutes enacted by the general assembly.

Legal Reference: Iowa Code Chapter 274.1, (2011)
Last Review: October 15, 2019

Policy 203 (BP): Legal Basis for Board Action

The Board of Directors of the Des Moines Independent Community School District, acting in behalf of the school district shall have jurisdiction over school district matters within the territory of the school district.

Legal Reference: Iowa Code § 274.1 (2011)
Adopted: July 17, 1990
Last Review: October 15, 2019
 

Policy 204 (BP): Number of Members – Term of Office

The Board of Directors shall consist of seven members, elected in the following manner: four elected by Director District and three elected at large. Each member of the Board of Directors is elected for a term of four years or to complete that part of an unexpired term of a regularly elected member. Three Board Members will be elected one year; four will be elected two years later. Elections will take place in odd numbered years. Directors shall hold office until a successor is elected and qualified or their earlier death or resignation.

Legal Reference: Iowa Code § 39.24
Adopted: July 8, 2012
Last Review: October 15, 2019
 

Policy 205 (BP): Organization of the Board of Directors

The meeting of the Board for organization shall be the first regular meeting after the canvass of votes of the regular school board election and called to order by the Board Member with the most years of service. In the event of identical length of service, the presiding officer would be selected by lot from among those with identical length of service.

The Board shall elect a chair and a vice chair to hold office for a term of one year. The election process shall be by nomination followed by a written ballot. The chair shall make public the vote of each member as the votes for the respective office are being totaled. The Board member receiving a majority of the votes cast shall be declared elected. The minutes shall reflect the vote of each Board member.

A vacancy in the office of the chair or vice chair shall be filled by Board election as stated in the preceding paragraph, and that person shall hold office for the remainder of the unexpired term.

Legal Reference: Iowa Code § 279.1 (2007)
Adopted: July 17, 1990
Revised June 15, 1993; September 17, 1996; January 23, 2007; July 8, 2008
Last Review: October 15, 2019

Policy 206 (BP): Vacancies

A. Officers:

Vacancies occurring among officers shall be filled by Board election.

B. Board of Directors:

Vacancies occurring on the Board of Directors shall be filled:

1. 1. 1. by Board appointment within 30 days following a vacancy; or
      2. at a special election if the Board fails to make an appointment within 30 days; or
      3. at the next school election if the vacancy occurs due to a resignation prior to the time for filing nomination papers and the Board Member specifies that the resignation will be effective on the date of the next term of office.

A person appointed shall hold office until the next regularly scheduled election, when the office would be placed on the ballot.

A person elected shall hold the office for the remainder of the unexpired term and until a successor is elected, or appointed, and qualified.

The appointed or elected individual shall qualify by taking the oath of office within ten days thereafter, in the manner required by Iowa law.

Legal Reference: Iowa Code §§ 69.12, 279.6, 279.7 (2011)

Adopted: July 17, 1990; revised June 15, 1993; July 13, 1999; July 8, 2008
Last Review: October 15, 2019

Policy 211 (BP): Chair to serve as President of the Board of Directors

The chair of the Board of Directors shall preside at all of its meetings, sign all contracts made by the Board, and appear in behalf of the corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be performed by the secretary. The chair or the chair’s designee shall sign, using an original or a facsimile signature, all school district warrants drawn as provided by law. The Board of Directors, by resolution, may designate an individual, who shall not be the secretary, to sign warrants on behalf of the chair.

If the vice president of the Board is unable or unwilling to fulfill or complete the term of office, the Board of Directors shall re-elect a new president when the current president steps down or resigns.

Legal Reference: Iowa Code § 291.1 (2013)
Adopted: July 17, 1990; revised September 17, 1996; July 8, 2008; September, 2013
Last Review: October 15, 2019

Policy 212 (BP): Vice President

The vice president of the Board shall be a member of the Board of Directors and shall be elected by a majority vote of the Board at its organizational or annual meeting to serve a one-year term of office. Board members elected to offices of the Board will take the oath of office.

The duties of the Board president may be delegated by the Board to the vice president if the president is temporarily unable or unwilling to carry out the duties required. If the vice president of the Board is unable or unwilling to fulfill or complete the term of office, the Board of Directors shall re-elect a new vice president when the current vice president steps down or resigns.

The vice president 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. The vice president shall be entitled to vote on all matters that come before the Board.

The vice president may accept control of the meeting from the Board president when the president wishes to make or second a motion.

Legal Reference: Iowa Code § 291.1 (2013)
Adopted: September, 2013
Last Review: October 15, 2019

Policy 213 (BP): Secretary

The Board shall appoint a secretary who shall not be a teacher employed by the Board but may be another employee of the Board. The Board may appoint one person to serve as the secretary and treasurer, in which case the duties of the secretary and treasurer will be performed by that person or his/her designee.

The secretary shall:

1. Preservation of records. File and preserve copies of all reports made and all papers transmitted pertaining to the business of the corporation.
2. Minutes. Keep a complete record of all the proceedings of the meetings of the Board and of all regular or special elections in the corporation in separate books.
3. Account with treasurer. Keep an accurate, separate account of each fund with the treasurer, charge the treasurer with all warrants and drafts drawn in the treasurer’s favor, and credit the treasurer with all orders drawn on each fund.
4. Claims. Keep an accurate account of all expenses incurred by the corporation and present this same to the Board for audit and payment.

Legal Reference: Iowa Code § § § 279.3; 291.6; 291.12 (2011)
Adopted: July 17, 1990; revised June 15, 1993; September 17, 1996; July 13, 1999; July 8, 2008
Last Review: October 15, 2019

Policy 214 (BP): Treasurer

The Board shall appoint a treasurer who may be another employee of the Board. However, the Board may appoint one person to serve as the secretary and the treasurer. These officers shall be appointed from outside the membership of the Board and the appointment and qualification shall be entered of record in the minutes of the secretary. They shall qualify within ten days following appointment by taking the oath of office in the manner required by section 277.28 and filing a bond as required by section 291.2 and shall hold office until their successors are appointed and qualified.

The treasurer shall receive all moneys belonging to the corporation, pay the same out only upon the order of the Chair and counter-signed by the secretary, keeping an accurate account of all receipts and expenditures in a book provided for that purpose. The treasurer shall register all orders drawn and reported to the treasurer by the secretary, showing the number, date, to whom drawn, the fund upon which drawn, the purpose and amount.

Legal Reference: Iowa Code § § § 279.3; 291.2; 291.12; 291.14; (2011)
Adopted: July 17, 1990; revised June 15, 1993; July 13, 1999; July 8, 2008
Last Review: October 15, 2019

Policy 215 (BP): Legal Counsel

The Board may employ general counsel to provide legal advice and service to the District and the Board. The general counsel would report to the Superintendent and the Board. General Counsel shall attend regular and special meetings of the Board.

In addition, the Board may appoint outside legal counsel to represent the school district and to assist its general counsel as needed. The Board may appoint additional outside counsel from time to time for specific tasks or assignments. Outside counsel will attend regular and special meetings of the Board when requested to do so and will be available for consultation as needed.

Employment of general counsel or appointment of outside legal counsel shall continue until terminated or replaced by the Board. The Board reserves the right to terminate at any time any general or outside counsel employed by the Board.

The Board chair is authorized to seek legal advice on behalf of the Board when there are legal implications in school district matters. The Superintendent, or designee, is authorized to seek legal advice from the general counsel or outside counsel when there are legal implications in school district matters. The general counsel is authorized to seek legal advice or assistance from outside counsel.

In order to maintain a complete file of school district legal matters, a copy of all outside legal counsel opinions will be provided to the general counsel.

Legal Reference: Iowa Code § 279.37 (2011)
Adopted: July 17, 1990; Revised: June 15, 1993; December 13, 1994; February 13, 2002; March 8, 2005; January 24, 2006; July 8, 2008
Last Review: October 15, 2019

Policy 217 (BP): District Audit Functions

Internal Auditor. The Board of Directors believes continuous independent examination and evaluation of school district business and financial activities, and methods used to gather statistical information, by an internal auditor will help the staff more effectively discharge its responsibilities and will ultimately assist the District in achieving its mission. A formal internal audit process enhances public confidence in and support for the Des Moines Public Schools.

An internal audit function is established to assist the Board and audit committee in fulfilling their responsibilities. The internal auditor shall be guided by a charter approved by the audit committee and Board. The audit committee shall consider, in consultation with the Superintendent, the hiring or removal of the internal auditor. The internal auditor will supervise the internal audit department.

With respect to internal audit activities, the internal auditor will be directly responsible to the audit committee. With respect to all other employment activities and issues, the internal auditor will be responsible to the Superintendent. The internal auditor shall have access to all school district records relevant to his or her work. When questions of relevance arise, they shall be resolved by the audit committee, after consulting with legal counsel.

Audit Committee. To provide direction to internal audit activities, the Audit Committee is created. The committee shall be appointed by the Board and guided by a Board-approved charter. A copy of the charter can be obtained from the Internal Audit Department. The committee will perform such functions as assigned by law or the Board. The committee shall comply with the open meetings and public records laws. Officers and employees of the District shall participate in audit committee activities as requested by the committee.

See also Board Governance Policy GP-1.10(2).

Adopted: August 1, 1995; August 6, 1996; August 3, 1999; January 8, 2002; January 23, 2007; July 8, 2008
Revised: October 15, 2019
Last Review: October 15, 2019

Policy 218 (BP): Stakeholder Engagement Advisory Committee (School Improvement Advisory Committee)

Equity is foundational to all DMPS structures. Therefore, the Stakeholder Engagement Advisory Committee (SEAC), with a focus on equity and school improvement, will serve as the school improvement advisory committee for the District.

The advisory committee shall consist of members representing students, parents, teachers, administrators, and representatives from the local community, which may include representatives of business, industry, labor, community agencies, higher education, or other community constituents. To the extent possible, committee membership shall have balanced representation with regard to race, gender, national origin, and disability.

The committee will review district academic and socio-emotional data, as well as needs assessment data, in order to make recommendations to the Board about the following components:

1. Major educational needs;
2. Student learning goals;
3. Long-range goals that include, but are not limited to, the state indicators that address reading, mathematics, and science achievement;
4. Harassment or bullying prevention goals, programs, training, and other initiatives; and
5. Equity

Legal Reference: Iowa Code § 280.12 (2011)
Adopted: July 8, 2008
Revised: October 15, 2019
Last Review: October 15, 2019

Policy 219 (BP): Board Member Liability and Indemnification

Board Members shall act in good faith in carrying out the duties and responsibilities of their office. Board Members shall not be held personally liable for any actions taken in the performance of those duties and responsibilities vested in them by the laws of the State of Iowa and the members of the school district community.

The 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 duties, unless that act or omission constitutes a willful or wanton act or omission. However, the District shall not save harmless or indemnify Board Members for punitive damages.

The manner in which a defense is provided is the decision of the Board and will be made in consultation with the Board’s attorneys. The Board’s duty to defend a Board member may cease if the Board member declines the Board’s group defense and retains private counsel, takes an adverse position, or, without the Board’s permission, negotiates his/her own settlement.

Legal Reference: Iowa Code § 670.8
Adopted: July 8, 2008
Last Review: October 15, 2019

Policy 220 (BP): General Powers and Duties of the Board

The Board of Directors shall make rules for its own governance and that of the employees and pupils and for the care of schoolhouses, grounds, and property of the school corporation. The Board recognizes and maintains the distinction between those activities which are appropriate to the Board of Directors as the governing body of the District and those administrative activities which are to be performed by the Superintendent and the Superintendent’s staff in the exercise of delegated administrative authority.

Legislative: The Board of Directors represents the people of the District and shall function as a policy making body. The Board has jurisdiction over the school district and its employees as allowed by Iowa law.

Executive: The Board of Directors selects and evaluates an executive officer, the Superintendent. The Board delegates to the Superintendent the authority for carrying out the policies, plans, and administrative details necessary to insure effective operation of the schools.

Evaluative: The Board of Directors determines whether its Board Beliefs and Student Expectations are appropriately being pursued and whether the programs of the District are being conducted in an economical, efficient, and effective manner.

Legal Reference: Iowa Code § 670.8
Adopted: July 8, 2008
Last Review: October 15, 2019

Policy 221 (BP): Development of Board Governance Policies and Administrative Policies and Procedure

Board Governance Policy shall establish the general direction for what the District seeks to accomplish. The Des Moines Board of Directors relies upon policy governance to help define and focus the role, vision, and values of the Board. This creates a clear structure for the Board of Directors to be accountable to the community. Policy governance enables the Board of Directors to focus on the larger issues, delegate authority, direct management’s job without interfering, and evaluate what is accomplished.

The Superintendent shall be responsible for the implementation of Board Governance Policy through Administrative Policies and Procedures. The Board shall approve new or revised administrative policies to the extent required by law, and the Board shall be notified of all other new or revised administrative policies and procedures. However, it is the responsibility of the Superintendent or his/her designee to maintain and review administrative policies at least every five years to ensure compliance with Iowa law.

All Administrative policies and procedures will be consistent with the policies set by the Board and applicable law. The Board reserves the right to supplement, modify, and/or supersede Administrative policies and procedures.

Legal Reference: Iowa Administrative Code § 281.12.3(2) (2007)
Adopted: July 17, 1990
Revised: June 21, 1994; July 8, 2008; October 15, 2019
Last Review: October 15, 2019

Liaison assignments may include but not be limited to:

• Des Moines PTA Council
• City/County Liaison
• Assessors Examining Board
• Des Moines Parks and Recreation Department
• United Way Early Childhood Partnership
• Administrative  Policy/Procedure Committee
• Urban Education Network

Adopted September 4, 1990
Revised June 15, 1993; September 17, 1996; July 13, 1999; March 25, 2002; June 4, 2002; January 23, 2007; June 2008; January 2024
Last review: January 2024

Policy 240 (BP): Open Meetings

The Board recognizes that a well-informed public is essential for sound policy-making and for developing and maintaining community support for public education. Open meetings assist the public and the school district in communicating regarding school district matters. To that end, the District will adhere to the requirements of the open meetings law as set forth in Iowa Code Chapter 21.

Meetings of the Board shall be preceded by public notice as provided in Iowa Code Section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in Iowa Code Section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.

The Board shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.

Board meetings will be televised whenever possible.

See also Administrative Policy 805: Public Records.

Legal Reference: Iowa Code Chapter 21 (2011)
Revised: June 21, 1994; July 8, 2008; October 15, 2019
Last Review: October 15, 2019

Policy 241 (BP): Regular Meetings

Except in March, July, and December, the regular meetings of the Board will be held on the first and third Tuesday of each month. Regular meetings in March, July, and December shall be held on the second Tuesday. Adjustments to the schedule may be made with approval from the Board.

The secretary shall give the public at least twenty-four (24) hours notice of a meeting, stating the time, date, place, and tentative agenda.

Legal Reference: Iowa Code § 21.4(2) (2007)
Adopted July 17, 1990; Revised: September 17, 1996; March 25, 2002; June 4, 2002; March 13, 2007; July 8, 2008
Last Review: October 15, 2019

Policy 242 (BP): Special Meetings

Special meetings may be held as determined by the Board, or as called by the chair or the Superintendent, or as called by the secretary upon written request of a majority of the members of the Board.

No special meeting will be called unless notice of time, place, and purpose is given to all members at their homes or places of business twenty-four (24) hours before the meeting convenes. However, when an emergency exists which makes such notice impossible or impractical, the Board president and/or Superintendent may call a special emergency meeting by providing Board members with reasonable notice. Special meetings may be held by electronic means. Attendance at any special meeting, electronically or personally, shall constitute a waiver of notice thereof. Notice to the public of special meetings shall be made in accordance with law.

Legal Reference: Iowa Code § 21.4(2) (1995)
Adopted: July 17, 1990; Revised: September 17, 1996
Last Review: October 15, 2019

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 will set aside a specific time for public comment.

Public Comment During Board Meetings

Citizens wishing to address the board during public comment must notify the board secretary 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. Normally, speakers will be limited to 3 minutes with a total allotted time for public participation of 15 minutes. However, the board president may modify this time limit, if deemed appropriate or necessary. 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 will not be interfered with or disrupted by public comment. Only individuals recognized by the board president will 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; 22; 279.8, 279.8B
Revised June 15, 1993; September 17, 1996; July 13, 1999; May 17, 2005; March 1, 2022
Last Review: 2022

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other 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:

1. Matters should first be addressed to the teacher or employee.
2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal.
3. Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent or designee.
4. 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
Adopted: March 1, 2022
Last Review: 2022

Policy 245 (BP): Closed Session

All meetings shall be open to the public at all times, except as otherwise provided by law. Motions to meet in closed session may be received at any Board meeting but must be publicly announced 24 hours prior to the meeting. The Board may meet in closed session only for those reasons authorized in the Iowa Open Meetings Act.

When it is necessary to hold a meeting on less than twenty-four hours notice, or at a time that is not reasonably accessible or reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.

Meetings to discuss negotiation strategy are exempt from the open meetings law.

Pursuant to Iowa Policy 21.9, the Board may move and vote to enter into an exempt session.

Legal Reference: Iowa Code § § 20.9; 20.17(3); 21.5; 21.9(2007)
Revised June 15, 1993; September 17, 1996; July 8, 2008; October 15, 2019
Last Review: October 15, 2019

Policy 246 (BP): Transacting Business

A majority of the Board shall be necessary to constitute a quorum for the transaction of business. A majority of those present and voting shall be necessary and sufficient to pass any motion or take any action of the Board, unless the vote of a greater number shall be required by law or Board policy.

Except for the usual and customary consent items, all items to be acted upon must come before the Board for discussion at the meeting immediately preceding the meeting at which action shall be taken, unless the Board or chair determines that circumstances require that action be taken immediately.

The chair may add an item to the agenda and may, unless the Board determines that such action impedes district operations, postpone action on an agenda item of business at the request of any Board member. Additions to the agenda shall be made in a timely manner which allows sufficient time for Board members to review the issue.

Any Board member may transfer a consent item to other items for action, if such a request is made before the agenda is approved, notwithstanding the second paragraph of this policy.

Discussion items may be changed to action items in an emergency or upon approval of a majority of Board members present and voting to approve the agenda.

Legal Reference: Iowa Code § § 274.7, 279.4, 279.8 (2011)
Revised: September 17, 1996; July 13, 1999
Last Review: October 15, 2019

Policy 250 (BP): Minutes

Records of all transactions of the Board shall be set forth in the official minutes of the Board, as required by Iowa law. The Board secretary shall be custodian of the minutes and shall make them available to any citizen desiring to examine them.

1. When the draft copy has been completed and is available, copies will be labeled “Pending Board Approval.”
2. Official minutes of meetings will be made available to the public upon approval by the Board and publication by the District.

Official copies of the Board minutes will be preserved by the Board secretary as a permanent record of school district legislation.

Legal Reference: Iowa Code § 291.6 (2011)
Adopted: July 17, 1990; Revised: September 17, 1996; March 13, 2007
Last Review: October 15, 2019

Policy 260 (BP): District Elections

The Polk County Auditor is designated the commissioner of elections and shall conduct all regular and special elections. The commissioner may designate the secretary of the Board as a deputy commissioner to assist in administering school elections.

Legal Reference: Iowa Code § § 47.2, 277.4 (2011)
Last Review: October 15, 2019

Policy 260.1 (BP): Board Elections

The school election takes place on the second Tuesday in November of odd-numbered years. 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, not more than 64 days before the regular school election and no later than 40 days before the school election. Nomination papers are accepted no later than 5:00 p.m., 40 days before the school election.

Each candidate shall be a qualified voter of the District and of the designated director District, if appropriate, a citizen of the school District, an eligible elector of the District, and free from a financial conflict of interest with the position.

Implementation of Director Districts will begin in 2013, with Directors from Districts 2 and 4 elected for four year terms. In 2015, Directors from District 1 and 3 will be elected for four year terms.

If a vacancy occurs on the Board, it may be filled by Board appointment within 30 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. The county commissioner of elections shall publish the notices required by law for special elections, and the election shall be held not sooner than thirty days nor later than forty days after the thirtieth day following the occurrence of the vacancy. Candidates for a seat created by a vacancy must file their nomination papers 25 days before the special election.

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

Legal Reference: Code of Iowa: §§ 39; 47, 63, 69; 274.7; 277; 278.1, 279.7 (2011)
Adopted: November 27, 2012
Revised: October 15, 2019
Last Review: October 15, 2019