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Lifelong Learning
School Board Legal Status
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 201
Adopted Date: 8/27/2001
Revised Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 02/25/2013, 12/11/2017
Reviewed Date(s): 10/10/2005, 10/12/2009, 08/09/2010, 02/25/2013, 12/11/2017
Attachments:

I. PURPOSE

The purpose of this policy is to define the authority, duties and powers of the Moorhead School Board in carrying out the school district's mission.

II. GENERAL STATEMENT

A. The School Board is the governing body of the Moorhead Area Public Schools. As such, the School Board has the responsibility for the care, management, and control over public schools in the school district.

B. 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 any 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. ORGANIZATION AND MEMBERSHIP
 
A. The membership of the School Board consists of seven elected directors. The term of office is four years. Regular elections are conducted every two (even-ending) years. 
 

B. 

A School Board vacancy on the board must be filled by board appointment at a regular or special meeting, entered by a resolution in the minutes, and shall be effective 30 days following adoption of the resolution unless a valid petition to reject the appointee is filed with the school district clerk. All elections to fill vacancies shall be for the unexpired term. A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy. If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year. If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the third year of the term, no special election is required. If the vacancy is filled by a special election, the person elected at that election for the ensuing term shall take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.


C. The Superintendent serves as nonvoting ex-officio member of the School Board.
 
D. The majority of voting members constitutes a quorum. The act of the majority of a quorum is the act of the School Board.
 
IV. POWERS AND DUTIES
 
A. The School Board has powers and duties as 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 district; adopt rules for the organization, government, and instruction; prescribe textbooks and course of study; and make and authorize contracts.
 
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. employ and contract with necessary qualified teachers and discharge the same for cause;

4. provide services to promote the health of its students;

5. provide school buildings and erect needed buildings;

6. purchase, sell and exchange school district property and equipment as deemed necessary by the School Board for school purposes;
 
7. provide for payment of claims against the school district and prosecute and defend actions by or against the school district, in all proper cases;

8. employ and discharge necessary employees and contract for other services;
 
9. provide for transportation of students to and from schools as governed by statute; and

10. 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, and extended year and extended day programs; 
 
2. furnish school lunches for students and others 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 (Boards of Independent School Districts)
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:
Moorhead School Board Policy 101: Name and Legal Status of Moorhead Area Public Schools
Moorhead School Board Policy 202: School Board Officers
MSBA/MASA Model Policy 201 (Legal Status of the School Board)