1220
AR
Administrative Regulation
Citizen Advisory Committees
Committee Charge
When committees are appointed, committee members shall receive written information including, but not limited to:
- The committee members' names
- The procedure to be used in the selection of the committee chairperson and other committee officers
- The name(s) and contact information of staff member(s) assigned to support the work of the committee
- The goals and specific charge(s) of the committee, including its topic(s) for study
- The specific period of time that the committee members are expected to serve
- Legal requirements regarding meeting conduct and public notifications
- Resources available to help the committee perform its tasks
- Timelines for progress reports and/or final report
- Relevant Board policies and administrative regulations
Members of advisory committees are not vicariously liable for injuries caused by the act or omission of the district or a committee and are not liable for injuries caused by an act or omission of a committee member acting within the scope of his/her role as a member of the committee. However, a member may be liable for injury caused by his/her own wrongful conduct. (Government Code 815.2, 820.9)
Committees Subject to Brown Act Requirements
The following committees shall comply with Brown Act requirements pertaining to open meetings, notices, and public participation, pursuant to Government Code 54950-54963:
- Advisory committees established pursuant to Education Code 56190-56194 related to special education
- Committees established to assist in development of a student wellness policy pursuant to 42 USC 1751 Note
- Committees established pursuant to Education Code 17387-17391 related to the use or disposition of excess real property
- Citizens' bond oversight committees established to examine the expenditure of general obligation bond or schools facilities improvement bond revenues passed with a 55 percent majority of the voters pursuant to Education Code 15278 and 15359.3
- Other committees created by formal Board of Education action
Committees Not Subject to Brown Act Requirements
The following committees are exempt from the Brown Act but must conform with procedural meeting requirements established in Education Code 35147:
- School site councils established pursuant to Education Code 41507, 41572, or 52852 related to student retention, school or library improvement, or school-based program coordination
- District or school advisory committees established pursuant to Education Code 52176 related to programs for students of limited English proficiency
- School advisory committees established pursuant to Education Code 54425(b) related to compensatory education
- Any district advisory committee established pursuant to Education Code 54444.2 related to migrant education programs
- School site councils established pursuant to Education Code 62002.5 related to economic impact aid and bilingual education
- School committees established pursuant to Education Code 11503 related to parent involvement
Meetings of the above councils or committees shall be open to the public. Any member of the public shall have the opportunity to address the council or committee during the meeting on any item within its jurisdiction. Notice of the meeting shall be posted at the school site or other appropriate accessible location at least 72 hours before the meeting, specifying the date, time, and location of the meeting and containing an agenda that describes each item of business to be discussed or acted upon. (Education Code 35147)
The above councils or committees shall not take action on any item not listed on the agenda unless all members present unanimously find that there is a need to take immediate action and that this need came to the council's or committee's attention after the agenda was posted. In addition to addressing items on the agenda, members of the council, committee, or public may ask questions or make brief statements that do not have a significant effect on district students or employees or that can be resolved solely by providing information. (Education Code 35147)
Councils or committees violating the above procedural requirements must, at the demand of any person, reconsider the item at the next meeting, first allowing for public input on the item. (Education Code 35147)
Any materials provided to a school site council shall be made available to any member of the public upon request pursuant to the California Public Records Act. (Education Code 35147; Government Code 6250-6270)
Committees created by the Superintendent or designee to advise the administration and which do not report to the Board are not subject to the requirements of the Brown Act or Education Code 35147.
Legal & Management References
State
Ed. Code 11503 - Parent involvement programs in Title I schools
Ed. Code 15278-15282 - Citizens' oversight committee
Ed. Code 15359.3 - School facilities improvement districts
Ed. Code 17387-17391 - Advisory committees for use of excess school facilities
Ed. Code 35147 - School site councils and advisory committees
Ed. Code 44032 - Travel expense payment
Ed. Code 52060 - Local control and accountability plan
Ed. Code 52176 - Advisory committees; limited-English proficient students program
Ed. Code 54425 - Advisory committees; compensatory education
Ed. Code 54444.1-54444.2 - Parent advisory councils; services to migrant children
Ed. Code 56190-56194 - Community advisory committee; special education
Ed. Code 62002.5 - Continuing parent advisory committees
Ed. Code 64001 - School plan for student achievement; consolidated application programs
Ed. Code 65000-65001 - School site councils
Ed. Code 8070 - Career technical education advisory committee
Gov. Code 54950-54963 - The Ralph M. Brown Act
Gov. Code 7920.000-7930.215 - California Public Records Act
Gov. Code 810.2 - Tort claims act; definition of employee
Gov. Code 810.4 - Tort claims act; definition of employment
Gov. Code 815.2 - Injuries by employees within scope of employment
Gov. Code 820.9 - Members of local public boards not vicariously liable
Federal
42 USC 1758b - Local wellness policy
Management Resources
Court Decision - Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - CSBA
Cross References
0200 BP Goals For The School District
0400 BP Comprehensive Plans
0420 AR School Plans/Site Councils
0440 AR District Technology Plan
0450 AR Comprehensive Safety Plan
1000 BP Concepts And Roles
1100 BP Communication With The Public
1312.3 AR Uniform Complaint Procedures
1330.1 BP Joint Use Agreements
1340 AR Access To District Records
1431 BP Waivers
2000 BP Concepts And Roles
3100 AR Budget
3220.1 BP Lottery Funds
3312 BP Contracts
3350 BP Travel Expenses
3430 AR Investing
3510 BP Green School Operations
4156.2 BP Awards And Recognition
4256.2 BP Awards And Recognition
5030 BP Student Wellness
5126 AR Awards For Achievement
5141.52 AR Suicide Prevention
5142.2 AR Safe Routes To School Program
6011 BP Academic Standards
6020 AR Parent Involvement
6142.8 AR Comprehensive Health Education
6170.1 BP Transitional Kindergarten
6171 AR Title I Programs
6174 AR Education For English Learners
6175 AR Migrant Education Program
7110 BP Facilities Master Plan
7150 AR Site Selection And Development
7214 AR General Obligation Bonds
7310 BP Naming Of Facility
9005 AR Governance Standards
9130 AR Board Committees
9140 AR Board Representatives
9310 AR Board Policies
9320 AR Meetings And Notices
9323 AR Meeting Conduct