901.01

BY-LAWS OF THE BOARD

Name of School District

This school district is organized and known as "The Davenport Community School District, in the Counties of Scott and Muscatine, State of Iowa."

• Legal Reference: Code of Iowa Chapter 274.6

• By action of the Board 12/13/76, Revised 7/11/83; Revised 5/27/97; Reviewed 12/14/09

• Edited 7/97; 09

901.02

BY-LAWS OF THE BOARD

Legal Status of the Board

The Board of Directors of The Davenport 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.

• Legal Reference: Code of Iowa Chapter 274

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Reviewed 12/14/09

• Edited 7/97; 12/09

901.03

BY-LAWS OF THE BOARD

Powers and Responsibilities

As the governing board of the school district, and acting on behalf of the people of the district, the board has three duties to perform:  legislative duty, executive duty and evaluative duty.

It is the responsibility of the board to enact policy for its own governance, for employees, for students and for district facilities.  Enacted board policy has 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 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. 

It is the responsibility of the board 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 expended and the education program’s ability to achieve the board’s educational philosophy and goals for the district.

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 expressed powers.

• Legal References:  Code of Iowa  Chapter 279, Iowa Constitution - Article IX

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Revised 1/14/02; Revised 12/14/09

• Edited 01/02, 12/09

901.04

BY-LAWS OF THE BOARD

Number of Members

The Board of Directors shall consist of seven members.

• Legal Reference: Code of Iowa Chapter 277.23

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Revised 12/14/09

• Edited 7/97; 12/09

901.05

BY-LAWS OF THE BOARD

Filling Vacancies for Directors and Officers of the Board

A vacancy shall, within thirty (30) days after the occurrence of the vacancy, be filled by appointment by the remaining members of the Board of Directors.

A person so appointed to fill a vacancy in an elective office shall hold that office until a successor is elected and qualified, pursuant to Iowa Code § 69.12.

A person appointed to fill a vacancy in an appointive office shall hold such office for the residue of the unexpired term and until a successor is appointed and qualified.

Any person so appointed as an officer or member of the Board of Directors shall qualify within ten days thereafter in the manner required by law.

However, if a member resigns prior to the time for filing nomination papers and specifies that a resignation will be effective on the date the next term of office for elective school officials begins, that date shall be the resignation's effective date. Nomination papers shall be received, and the person elected at the next regular school election to fill this vacancy shall serve the unexpired term of the resigning member and take office with the other elected school board members.

If action is not taken to fill a vacancy among elective officers or members within thirty (30) days by the remaining members of the Board, the Secretary of the Board shall call a special election in the District. The Commissioner of Elections shall be responsible for publication of the required election notices.

If the vacancy is filled by special election before the expiration of a full term, the person elected shall hold office for the residue of the unexpired term and until a successor is elected or is appointed and qualified.

Note that if the Board Secretary does not call this meeting within 3 days following the expiration of the 30 days, the administration shall do so.

• Legal References: Code of Iowa Chapters 279.6, 279.7; Chapter 277.28

• Cross Reference: Board Policy 903.1 Annual Meeting

• By action of the Board 12/13/76, 7/11/83; Revised 8/9/93; Revised 5/27/97; Reviewed 12/14/09

• Edited 7/97; 12/09

901.06

BY-LAWS OF THE BOARD

The Student Board of Directors  

The Board shall include a two non-voting members from the student body of each of the District's high schools. The principal from each high school will make the recommendation of two students to the board secretary. 

The representatives from each school's student body shall have the following duties:

a.   They shall have the privilege and obligation to be present at all Davenport School Board open sessions.

b.   They shall have the privilege of submitting items for discussion on the board agenda except those items relating to personnel.

c.   They may be called upon to reflect opinions of students of the school and/or to present a report on a specific issue to the Board.

d.   They shall be responsible for communicating board decisions and information to the school.

e.   They shall be responsible for presenting recommendations from the student body or the student government of the school to the Board.

The term of office shall be from the Organizational Board Meeting to the last Regular Board Meeting in May.  In case the representative from a school is unable to remain on the Board, the representative must notify the principal of the school represented.  The student government may request the building administration recall a student board member who neglects their duties as a representative of the student government.  Such circumstances would include, but are not limited to, failure to attend board meetings on a consistent basis.  The building administration is required to investigate all charges and has the discretion to accept or reject the student government’s request.

·         By action of the Board 12/13/76, 7/11/83; Revised 7/10/95; Revised 5/27/97; Revised 1/14/02; Revised 4/26/10

·         Edited  01/02, 4/10

901.07

BY-LAWS OF THE BOARD

Code of Ethics

The Davenport School District Board of Directors acknowledges the following Code of Ethics recommended by the Iowa Association of School Boards, as board policy.

As a board member:

1. I will listen.

2. I will respect the opinion of others.

3. I will recognize the integrity of my predecessors and associates and the merit of their work.

4. I will be motivated only by an earnest desire to serve my district and the children of my community in the best possible way.

5. I will not use the schools or any part of the school program for my own personal advantage or for the advantage of my friends or supporters.

6. I will vote for a closed session of the Board if the situation requires it, but I will consider "star chamber" or secret" sessions of Board members unethical.

7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered, is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.

8. I will expect, in board meetings, to spend more time on educational programs and procedures than on business details.

9. I will recognize that authority rests with the Board in legal session, and not with individual members of the Board, except as authorized by law.

10. I will make no disparaging remarks, in or out of the Board meeting, about other members of the Board or their opinions.

11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have all decisions made for the best interests of the children and the schools.

12. I will insist that all members of the Board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigating and advisory capacity.

13. I will abide by majority decisions of the Board.

14. I will carefully consider petitions, resolutions, and complaints and will act upon them in the best interests of the schools.

15. I will not discuss the confidential business of the Board in my home, on the street, or in my office; the place for such discussion being the Board meeting.

16. I will endeavor to keep informed on all local, state, and national educational developments of significance so that I may become a better board member.

In meeting my responsibility to my community:

1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my community the educational facilities that are as complete and adequate as it is possible to provide.

2. I will consider it an important responsibility of the Board to interpret the aims, methods, and attitudes of the schools to the community.

3. I will earnestly try to interpret the needs and attitudes of the community and do my best to translate them into the educational program of the schools.

4. I will attempt to procure adequate financial support for the schools.

5. I will represent the entire district rather than individual electors, patrons, or groups.

6. I will not regard the schools as my own private property, but as the property of the people.

7.  

In my relationship with the superintendent and staff:

1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.

2. I will recognize that it is my responsibility, together with that of my fellow board members, to see that the schools are properly run--not to run them myself.

3. I will expect the schools to be administered by the best-trained technical and professional people it is possible to procure.

4. I will recognize the Superintendent as executive officer of the Board.

5. I will work through the administrative employees of the Board, not over or around them.

6. I will expect the Superintendent to keep the Board adequately informed through oral and written reports.

7. I will vote to employ personnel only after the recommendation of the Superintendent has been received.

8. I will insist that contracts be equally binding on the teacher and the Board.

9. I will give the Superintendent power commensurate with his/her responsibility and will not in any way interfere with, or seek to undermine, his/her authority.

10. I will give the Superintendent friendly counsel and advice.

11. I will present any personal criticism of employees to the Superintendent.

12. I will refer complaints to the proper administrative officer.

 

To cooperate with other school boards:

1. I will not help to employ a superintendent, principal, or teacher who is already under contract with another school without first securing assurance from the proper authority that the person can be released from contract.

2. I will consider it unethical to bid for the services of a teacher or pursue any procedure calculated to embarrass a neighboring Board or Superintendent.

3. I will not recommend a teacher for a position in another school unless I would employ said teacher under similar circumstances.

4. I will answer all inquiries about the standing and ability of a teacher to the best of my knowledge and judgment, with complete frankness, being careful not to overpraise nor to be unduly critical.

5. I will associate myself with Board members of other districts, both personally and in conferences, for the purpose of discussing school problems and cooperating in the improvement of public school conditions.

 

• By action of the Board 12/13/76, 7/11/83; Revised 5/27/97; Reviewed 1/11/10

• Edited 7/97; 1/10