9322
AR
Administrative Regulation
Agenda/Meeting Materials
Agenda Content
Governing Board meeting agendas shall reflect the district's vision and goals and the Board's focus on student learning and well-being. Each agenda shall state the meeting time and location and shall briefly describe each item to be transacted or discussed, including items to be discussed in closed session. (Government Code 54954.2)
The agenda shall provide members of the public the opportunity to address the Board on any agenda item before or during the Board's consideration of the item. However, the agenda need not provide an opportunity for public comment when the agenda item has previously been considered at an open meeting by a committee comprised exclusively of Board members, provided that members of the public were afforded an opportunity to comment on the item, before or during the committee's consideration of the item, and the item has not been substantially changed since the committee considered it. (Government Code 54954.3)
The agenda for a regular Board meeting shall also provide members of the public an opportunity to provide comment on matters which are not on the agenda but which are within the subject matter jurisdiction of the Board. (Education Code 35145.5; Government Code 54954.3)
Each agenda for a regular meeting shall list the address designated by the Superintendent or designee for public inspection of documents related to an open session item that have been distributed to the Board less than 72 hours before the meeting. (Government Code 54957.5)
The agenda shall include information regarding how, when, and to whom a request for disability-related accommodations or modifications, including auxiliary aids and services, may be made by an individual who requires accommodations or modifications in order to participate in the Board meeting. (Government Code 54954.2)
Agenda Preparation
The Board president and the Superintendent, as secretary to the Board, shall work together to develop the agenda for each regular and special meeting. Each agenda shall reflect the district's vision and goals and the Board's focus on student learning.
Any Board member or member of the public may request that a matter within the jurisdiction of the Board be placed on the agenda of a regular meeting. The request shall be submitted in writing to the Superintendent or designee with supporting documents and information, if any, at least ten days before the scheduled meeting date. Items submitted less than ten days before the scheduled meeting date may be postponed to a later meeting in order to allow sufficient time for consideration and research of the issue.
The Board president and Superintendent shall decide whether a request from a member of the public is within the subject matter jurisdiction of the Board. Items not within the subject matter jurisdiction of the Board may not be placed on the agenda. In addition, before placing the item on the agenda, the Board president and Superintendent shall determine if the item is merely a request for information, and if so, respond accordingly.
If the Board president and Superintendent deny a request from a Board member to place an item on the agenda, the Board member may request the Board to take action to determine whether the item shall be placed on the agenda.
The Board president and Superintendent shall also decide whether an agenda item is appropriate for discussion in open or closed session, and whether the item should be an action item subject to Board vote or an information item that does not require immediate action.
In order to promote efficient meetings, the Board may bundle a number of items and act upon them together by a single vote through the use of a consent agenda. Consent items shall be items of a routine nature and items for which Board discussion is not anticipated and for which the Superintendent recommends approval. When any Board member requests the removal of an item from the consent agenda, the item shall be removed and given individual consideration for action as a regular agenda item.
The agenda shall provide an opportunity for members of the public to comment on any consent agenda item unless such item has been previously considered at an open meeting of a committee comprised exclusively of Board members. (Government Code 54954.3)
Any Board action that involves borrowing $100,000 or more shall be discussed, considered, and deliberated upon as a separate item of business on the meeting agenda. (Government Code 53635.7)
All public communications with the Board are subject to requirements of relevant Board policies and administrative regulations.
Agenda Dissemination to Board Members
At least 72 hours before each regular meeting, a copy of the agenda and agenda packet shall be provided to each Board member, including the Superintendent or designee's report; minutes to be approved; copies of communications; reports from committees, staff, and others; and other available supporting documents pertinent to the meeting.
When special meetings are called, Board members shall receive, at least 24 hours prior to the meeting, notice of the business to be transacted.
Board members shall review agenda materials before each meeting. Individual members may confer directly with the Superintendent or designee to ask questions and/or request additional information on agenda items. However, a majority of Board members shall not, outside of a noticed meeting, directly or through intermediaries or electronic means discuss, deliberate, or take action on any matter within the subject matter jurisdiction of the Board.
Agenda Dissemination to Members of the Public
Any agenda and related materials distributed to the Board shall be made available to the public upon request without delay. Only those documents which are disclosable public records under the Public Records Act (PRA) and which relate to an agenda item scheduled for the open session portion of a regular meeting shall be made available to the public. (Government Code 54957.5)
At least 72 hours prior to a regular meeting, the agenda shall be posted at one or more locations freely accessible to members of the public. (Government Code 54954.2)
In addition, the Superintendent or designee shall post the document on the district's web site. The posted agenda shall be accessible through a prominent direct link to the current agenda or to the district's agenda management platform in accordance with Government Code 54954.2. When the district utilizes an integrated agenda management platform, the link to that platform shall take the user directly to the web site with the district's agendas, and the current agenda shall be the first available (Government Code 54957.5)
If a document which relates to an open session agenda item of a regular Board meeting is distributed to the Board less than 72 hours prior to a meeting, the Superintendent or designee shall make the document available for public inspection at a designated location at the same time the document is distributed to all or a majority of the Board.
Any documents prepared by the district or the Board and distributed during a public meeting shall be made available for public inspection at the meeting. Any documents prepared by another person shall be made available for public inspection after the meeting. These requirements shall not apply to a document that is exempt from public disclosure under the Public Records Act. (Government Code 54957.5)
The Superintendent or designee shall mail a copy of the agenda or a copy of all the documents constituting the agenda packet to any person who requests the items. The materials shall be mailed at the time the agenda is posted or upon distribution of the agenda to a majority of the Board, whichever occurs first. (Government Code 54954.1). The agenda may also be emailed to individuals who request an electronic agenda.
Any request for mailed copies of agendas or agenda packets shall be in writing and shall be valid for the calendar year in which it is filed. Written requests must be renewed following January 1 of each year. (Government Code 54954.1)
Persons requesting mailing of the agenda or agenda packet shall pay an annual fee, as determined by the Superintendent or designee, not to exceed the cost of providing the service.
Any document prepared by the district or Board and distributed during a public meeting shall be made available for public inspection at the meeting. Any document prepared by another person shall be made available for public inspection after the meeting. These requirements shall not apply to a document that is exempt from public disclosure under the Public Records Act (PRA). (Government Code 54957.5)
Upon request, the Superintendent or designee shall make the agenda, agenda packet, and/or any writings distributed at the meeting available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. (Government Code 54954.1)
Legal & Management References
State
Ed. Code 35144 - Special meeting
Ed. Code 35145 - Public meetings
Ed. Code 35145.5 - Agenda; public participation and regulations
Ed. Code 49061 - Definitions; directory information
Ed. Code 49073.2 - Privacy of student and parent/guardian personal information; minutes of board meeting
Gov. Code 53635.7 - Separate item of business for borrowing of $100,000 or more
Gov. Code 54950-54963 - The Ralph M. Brown Act
Gov. Code 54953 - Meetings; Americans with Disabilities Act accessibility
Gov. Code 54953.8 - Remote meeting and attendance
Gov. Code 54953.8.2 - State of emergency
Gov. Code 54953.8.3 - Just cause
Gov. Code 54954.1 - Request for copy of agenda or agenda packet by member of public
Gov. Code 54954.2 - Agenda posting requirements; board actions
Gov. Code 54954.3 - Opportunity for public to address legislative body
Gov. Code 54954.5 - Closed session item descriptions
Gov. Code 54956 - Special meetings
Gov. Code 54956.5 - Emergency meetings
Gov. Code 54956.9 - Meetings
Gov. Code 54957.5 - Public records
Gov. Code 54960.2 - Challenging board actions; cease and desist
Gov. Code 7920.000-7930.170 - California Public Records Act
Gov. Code 95000-95004 - California Early Intervention Services Act
Federal
28 CFR 35.160 - Effective communications for individuals with disabilities
28 CFR 36.303 - Nondiscrimination on the basis of disability; public accommodations, auxiliary aids, and services
42 USC 12101-12213 - Americans with Disabilities Act
Management Resources
Attorney General Opinion - 99 Ops. Cal. Atty. Gen. 11 (2016)
Attorney General Opinion - 78 Ops.Cal.Atty.Gen. 327 (1995)
Attorney General Publication - The Brown Act: Open Meetings for Legislative Bodies, rev. 2003
Court Decision - Sierra Watch v. County of Placer (2022) 69 Cal.App.5th 86
Court Decision - Fowler v. City of Lafayette (2020) 45 Cal.App.5th 68
Court Decision - Caldwell v. Roseville Joint Union High School District (2007) U.S. Dist. LEXIS 66318
Court Decision - Mooney v. Garcia (2012) 207 Cal.App.4th 229
CSBA Publication - The Brown Act: School Boards and Open Meeting Laws, rev. 2023
CSBA Publication - Call to Order: A Blueprint for Great Board Meetings
Website - CSBA District and County Office of Education Legal Services
Website - California Attorney General's Office
Website - CSBA
Cross References
0200 BP Goals For The School District
1100 BP Communication With The Public
1112 BP Media Relations
1113 AR District And School Websites
1312.1 AR Complaints Concerning District Employees
1312.2-E(1) AR Complaints Concerning Instructional Materials
1312.3 AR Uniform Complaint Procedures
1312.4 AR Williams Uniform Complaint Procedures
1312.4-E PDF(1) AR Williams Uniform Complaint Procedures
1312.4-E(2) AR Williams Uniform Complaint Procedures
1340 AR Access To District Records
3100 AR Budget
3312 BP Contracts
3320-E PDF(1) AR Claims And Actions Against The District
3320-E PDF(2) AR Claims And Actions Against The District
4312.1 BP Contracts
5113.12 AR District School Attendance Review Board
5144.1 AR Suspension And Expulsion/Due Process
9121 AR President
9122 AR Secretary
9130 AR Board Committees
9200 AR Limits Of Board Member Authority
9310 AR Board Policies
9320 AR Meetings And Notices
9323 AR Meeting Conduct
9323.2 AR Actions By The Board
9324 AR Minutes And Recordings