Frequently Asked Questions - Elk River Area ISD 728 (2024)

The Board adopted Policy 206 to make its open forum process clearer and more in line with its purpose, and no, it does not take away anyone’s right to speak directly with the School Board.

Policy 206, adopted by the ISD 728 School Board in August 2021, aims to do a number of things to allow both the public to interact with their elected School Board at official meetings, and to allow the School Board to conduct its business in a timely manner:

• The public will still have up to seven (7) people, for an allotted time of three (3) minutes each, to address the Board.
• The public will still be able to address the Board on topics within the School Board’s control.

No, the Board is not required, by law, to offer an open forum at each meeting, but desires to do so to hear from the public about school-related issues that are of concern.

The District will continue to hold public forums, and, in addition, will offer several other areas of public comment and communication, not limited to but including email, phone calls, social media and mail.

Policy 606 enforces our beliefs – as outlined in our Strategic Plan – that ISD 728 is a place where everyone can learn, where all people have value, and that change is an opportunity for growth.

The policy, which can be found on ISD 728’s website, utilizes what we believe are supportive statements for our staff and for our students. We recognize that all people have different, valuable perspectives. We also know that school is a place – a safe place – to share those perspectives. And finally, we also embrace the opportunity to provide a place for discussions that help us learn, and help us grow.

Policy 606 ensures that:

• Students lead discussions and are welcomed to bring forth topics – even if controversial – that are relevant to furthering growth and education.
• Teachers are facilitating those conversations – not utilizing them to influence others.
• Teachers and staff feel supported by District Leadership when these conversations occur in their classroom or school building.

Citizens who wish to address the School Board must submit a written request to speak before 12:00 p.m. (noon) on the day of the public School Board meeting. Citizens can contact the Board by email as identified below or by completing the form available on the District website.

The written request must be sent to schoolboard@isd728.org. The citizen must provide his or her name, home address, whether he/she has a child attending school in the District, the name of group represented (if any), his/her association with the school district (i.e. student, employee, resident, business owner, alumni, etc.), and the subject to be covered or the issue to be addressed. Individuals who do not submit all of the required information will not be approved and/or considered to address the Board at that meeting.

The School Board gives notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two school board meetings. The proposals are made available online and within each agenda, and public comment is allowed at both meetings before final school board action. Members of the public are also allowed to provide feedback to the School Board by direct email to the full School Board at schoolboard@isd728.org, or can be made to the Board Chair and/or the Superintendent.

The final action taken to adopt the proposed policy is approved by a simple majority vote of the school board at the second meeting at which public input was received. The policy becomes effective on the later of the date of passage or the date stated in the motion.

• Allegations of misconduct against two school board members were brought to the Board and District Officials recently.

• As a result of the allegations, the Board Chair authorized an investigation to be conducted by outside legal counsel.

• At the conclusion of the investigation, findings were forwarded to the School Board’s Legal Counsel who shared the findings with the Board at the 12/11/23 ISD 728 School Board Meeting, and provided an opportunity for the Board to ask questions.

• Neither the School Board, nor the Superintendent, received a copy of the findings prior to the meeting as they were presented at the Board meeting for the first time.

• Upon hearing the findings and discussing the information, the Board approved a Resolution Censuring Directors Anderson and Freiberg.

• A censure is a formal statement expressing disapproval with someone’s conduct. The censure identifies the specific behaviors of concern, reminds individuals of their need to comply with District policies, and puts individuals on notice that continued violations could result in additional action taken by the School Board.

• Yes, the document is public and the LINK to the Censure Resolution is here.

• Yes, the Board members were aware of the allegations, participated in the investigation with independent counsel, had met with both the Superintendent and Board Chair about the concerns on numerous occasions, and had been provided specific training and counsel from the School Board's attorney related to the violations.

• Every School Board Member, upon being elected, participates in a three year professional development orientation plan, which includes information related to state and federal policy, Minnesota Statute, the Role of a Board Member, and required Minnesota School Board Association training. They are also provided a Board mentor, monthly opportunities for conversations and questions, and 24/7 access to the Board Chair and Superintendent when questions and/or issues arise.

• Every Board member takes and signs an annual oath to adhere to a Code of Conduct, state and federal statute, as well as the Board approved Policy on Code of Ethics, which has been in policy for many years and at least since 1995 (previously titled “Governance Policy).

• When concerns arise, opportunities are provided to meet with the Superintendent and Board Chair to address any questions or concerns. In this situation, many opportunities were provided, held, and communicated. This also included specialized training and counsel for the Board from their attorney, at which point Board members were provided direction, clarity, and information related to statutory requirements.

• When all efforts to remedy behaviors had been exhausted, and allegations were brought forward, the Board Chair used her authority and had a responsibility to investigate alleged wrongdoing.

• If Board members knowingly decide to violate their own policy, and/or state or federal law, the Board is responsible to hold each other accountable.

• In situations where there are allegations against another Board member and/or unique circ*mstances exist, outside counsel is often hired to conduct an independent investigation to maintain the integrity of the process.

• Once an investigation is complete, the investigator sends the findings to the School Board’s attorney so that they can present the findings and provide counsel to the Board.

• ​​​​​​No, there is not an appeals process.

• The School Board Chair, on behalf of the School Board, authorized an investigation based on allegations received. An independent counsel was hired to conduct the investigation. Once the investigation was completed, the attorney forwarded their findings to the ISD 728’s School Board attorney who then presented findings and discussed options for the School Board to consider.

• The School Board has enforced the fire code previously, and does so when crowds are expected to exceed the limits. Because the School Board was notified there might be additional people in attendance, they added more seating in the Board Room and throughout the District Office.

• Policy 209 Code of Ethics
• Code of Ethics - Signature of Board Members at Organizational Meeting

• No. What is, often, misunderstood is when discussion and decision-making often takes place for a school board like ISD 728. The seven members often work with administrators and staff during meetings called work sessions - which are open to the public - to discuss such things as policy, curriculum, pertinent events and news that impact staff, teacher and students and much more. At least one of these work sessions are held each month during the school year, and other sessions are held throughout the summer, to inform the board, shape policy, create a unified vision for the District and work together for students and staff to keep ISD 728 one of the best places to live and learn. It is at these sessions that many of the disagreements seen at other “public” meetings for other organizations might be seen - which may lead to some of the questions we’re seeing from the public and other elected officials. We invite them to visit or watch these meetings to learn more about ISD 728’s process. Work sessions provide good discussion and learning opportunities that influence decisions made at regular board meetings.

• Board members can talk with and listen to ISD 728 staff members. The Board practice is not in place to limit school board members from communicating with school district staff but to ensure that the communication process is done in a timely, professional manner and to ensure that all Board members are provided with the same information and responses.
• By directing questions to the Superintendent, the School Board felt it made the best use of staff time by requesting the Superintendent to direct questions to the appropriate staff in one communication and response and then ensuring that all Board members were provided with the same information in the responses. In other words, if all seven Board members were communicating with all different staff on a daily basis, it would be extremely difficult, if not impossible, for the other Board members to have all of the information. It would also take up a considerable amount of staff time, taking away from what they were hired to do. Finally, and when staff are approached by a Board member, they often feel uncomfortable because of the individual’s role on the School Board and/or as if they have to drop what they are doing to respond.

• No. Board members have access to all information needed to make decisions.

• No. Party affiliation has nothing to do with a school board election. Candidates are not required, by Minnesota law, to declare that when filing to run for school board. Board members are expected to follow their own policies, state and federal statute, and the code of conduct they sign and agree to annually. This includes, but is not limited to “making decisions after all sides of the debatable questions have been presented,” “avoiding conflicts of interest,” “taking no private action that will compromise the school board or administration,” and “being primarily motivated by a desire to provide the best possible education for the students of the school district.”
• Secondly, ISD 728 is in a traditionally Republican area that has been served by some of the most conservative members of the State Legislature and US Congress. In order to represent the families and friends who live in our District, ISD 728 realizes academic priorities include high achievement, developing students who are ready for the workforce and doing business in a fiscally responsible manner. Day to day operations of the District are not swayed by politics - but instead, are based on what we believe is best for our students and families as evidenced by data, research, and results. ISD 728 works hard to meet the needs of all students, staff, and families regardless of party affiliation.