Adopted: MSBA/MASA Model
Policy 201
Revised: Rev. 2008
201 LEGAL STATUS OF THE SCHOOL BOARD
I. PURPOSE
The care,
management and control of the schools is vested by statutory and constitutional
authority in the school board. The
school board shall carry out the mission of the school district with diligence,
prudence, and dedication to the ideals of providing the finest public
education. The purpose of this policy is
to define the authority, duties and powers of the school board in carrying out
its mission.
II. GENERAL STATEMENT OF POLICY
A. The school board is the governing body
of the school district. As such, the
school board has responsibility for the care, management, and control over
public schools in the school district.
B. Generally, elected members of the school
board have binding authority only when acting as a school board legally in
session, except where specific authority is provided to school board members or
officers individually. Generally, the
school board is not bound by an action or statement on the part of an
individual school board member unless the action is specifically directed or
authorized by the school board.
III. DEFINITION
“School board”
means the governing body of the school district.
IV. ORGANIZATION AND MEMBERSHIP
A. The membership of the school board
consists of six elected directors, or seven if the school board has submitted
the question to the electors and a majority have approved a seven-member school
board. The term of office is four years.
B. There may be other ex officio members of
the school board as provided by law. The
superintendent is an ex officio member.
C. A majority of voting members constitutes
a quorum. The act of the majority of a
quorum is the act of the school board.
V. POWERS AND DUTIES
A. The school board has powers and duties
specified by statute. The school board’s
authority includes implied powers in addition to specific powers granted by the
legislature.
B. The school board exercises
administrative functions. It also has
certain powers of a legislative character and other powers of a quasi-judicial
character.
C. The school board shall superintend and
manage the schools of the school district; adopt rules for their organization,
government, and instruction; and prescribe textbooks and courses of study.
D. The school board shall have the general
charge of the business of the school district, its facilities and property, and
of the interest of the schools.
E. The school board, among other duties,
shall perform the following in accordance with applicable law:
1. provide by levy of tax, necessary funds
for the conduct of schools, the payment of indebtedness, and all proper
expenses of the school district;
2. conduct the business of the schools and
pay indebtedness and proper expenses;
3. make and authorize contracts;
4. employ and contract with necessary
qualified teachers and discharge the same for cause;
5. manage the schools; adopt rules for
their organization, government, and instruction; prescribe textbooks and
courses of study; and make and authorize contracts;
6. provide services to promote the health
of its pupils;
7. provide school buildings and erect
needed buildings;
8. purchase, sell, and exchange school
district property and equipment as deemed necessary by the school board for
school purposes;
9. provide for payment of claims against
the school district, and prosecute and defend actions by or against the school
district, in all proper cases;
10. employ and discharge necessary employees
and contract for other services;
11. provide for transportation of pupils to
and from school, as governed by statute; and
12. procure insurance against liability of
the school district, its officers and employees.
F. The school board, at its discretion,
may perform the following:
1. provide library facilities, public
evening schools, adult and continuing education programs, summer school
programs and intersession classes of flexible school year programs;
2. furnish school lunches for pupils and
teachers on such terms as the school board determines;
3. enter into agreements with one or more
other independent school districts to provide for agreed upon educational
services;
4. lease rooms or buildings for school
purposes;
5. authorize the use of school facilities
for community purposes that will not interfere with their use for school
purposes;
6. authorize cocurricular and
extracurricular activities;
7. receive, for the benefit of the school
district, bequests, donations, or gifts for any proper purpose; and
8. perform other acts as the school board
shall deem to be reasonably necessary or required for the governance of the
schools.
Legal
References: Minn. Stat. § 123A.22 (Cooperative
Centers)
Minn. Stat. §
123B.02 (General Powers)
Minn. Stat. §
123B.09 (School Board Powers)
Minn. Stat. §
123B.14 (School District Officers)
Minn. Stat. §
123B.23 (Liability Insurance)
Minn. Stat. §
123B.49 (Cocurricular and Extracurricular Activities; Insurance)
Minn. Stat. §
123B.51 (Schoolhouses and Sites; Access for Noncurricular Purposes)
Minn. Stat. §
123B.85 (Definition)
Jensen v. Indep.
Consol. Sch. Dist. No. 85, 160 Minn. 233, 199 N.W. 911 (1924)
Cross
References: MSBA/MASA Model Policy 101 (Legal Status
of the School District)
MSBA/MASA Model
Policy 202 (School Board Officers)
MSBA/MASA Model
Policy 203 (Operation of the School Board-Governing Rules)
MSBA/MASA Model
Policy 205 (Open Meetings and Closed Meetings)
MSBA Service
Manual, Chapter 1, School District Governance, Powers and Duties