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Lodi Unified School District

Bylaw 9322 - Agenda/Meeting Materials

Series: 9000 - Bylaws of the Board

Bylaw: 9322 - Agenda/Meeting Materials

Adopted: 11/02/1976

Last Revised: 05/17/2011

Download Bylaw 9322 - Agenda/Meeting Materials PDF (English)

Agenda/Meeting Materials

Board of Education meeting agendas shall state the meeting time and place and shall briefly describe each business item to be transacted or discussed, including items to be discussed in closed session.

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. The agenda shall also provide members of the public an opportunity to testify at regular meetings on matters which are not on the agenda but which are within the subject matter jurisdiction of the Board.

Each meeting agenda shall list the address designated by the Superintendent or designee for public inspection of agenda documents that have been distributed to the Board less than 72 hours before the meeting.

The agenda shall specify that an individual who requires disability-related accommodations or modifications including auxiliary aids and services in order to participate in the Board meeting should contact the Superintendent or designee at least 24 hours in advance of the meeting date.

Notices of special meetings at which action is proposed shall provide an opportunity for the public to address the Board on the item before action is taken.


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 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 must be in writing and submitted to the Superintendent with supporting documents and information, if any, at least one week before the scheduled meeting date. The Board president and Superintendent shall decide whether a request 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, the Board president and Superintendent shall determine if the item is merely a request for information or whether the issue is covered by an existing policy or administrative rule before placing the item on the agenda.

The Board president and Superintendent shall 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, an information item that does not require immediate action, or a consent item that is routine in nature and for which no discussion is anticipated.

Any Board member may submit an item for the Board agenda any time before the agenda is posted. Items submitted less than a week before the scheduled meeting date may be postponed to a later meeting.

When an item properly posted for a regular meeting is continued to a subsequent meeting, it does not have to be on the agenda of the subsequent meeting if it occurs within five days. The Board shall publicly identify the item before discussing it.

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.

All public communications with the Board are subject to requirements of relevant Board policies and administrative regulations.


Consent Items

In order to promote efficient meetings, the Board may act upon more than one item by a single vote through the use of a consent agenda. Consent items are items of a routine nature or items for which no Board discussion is anticipated and for which the Superintendent recommends approval.

In accordance with law, the public has a right to comment on any consent item. At the request of any member of the Board, any item on the consent agenda shall be removed and given individual consideration for action as a regular agenda item.


Agenda Dissemination

A copy of the agenda shall be forwarded to each Board member at least three days (72 hours) before each regular meeting, along with other documents pertinent to the meeting.

When special meetings are called, the Superintendent or designee shall make every effort to distribute the agenda and support materials to Board members at least 24- hours prior to the meeting.

Board members shall review agenda materials before each meeting. Individual members may confer directly with the Superintendent or designee to request additional information on agenda items.

If a document for a meeting is distributed to the Board less than 72 hours prior to a regular meeting, the Superintendent or designee shall make the document available for public inspection at the time the document is distributed to a majority of the Board provided that the document is a public record under the Public Records Act and relates to an agenda item for an open session of the Board meeting. The Superintendent or designee may also post the document on the district's web site in a position and manner that makes it clear that the document relates to an agenda item for an upcoming meeting.

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 meetings. These requirements shall not apply to a document that is exempt from public disclosure under the Public Records Act.

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.

Legal References

Education Code
35144 Special meetings
35145 Public meetings
35145.5 Right of public to place matters on agenda
 
Government Code
6250-6270 Public Records Act
53635.7 Separate item of business
54954.1 Mailed agenda of meeting
54954.2 Agenda posting requirements; board actions
54954.3 Opportunity for public to address legislative body
54954.5 Closed session item descriptions
54956.5 Emergency meetings
54957.5 Public records
 
UNITED STATES CODE, TITLE 42
12101-12213 Americans with Disabilities Act
 
CODE OF FEDERAL REGULATIONS, TITLE 28
35.160 Effective communications
36.303 Auxiliary aids and services
 
COURT DECISIONS
Caldwell v. Roseville Joint Union HSD, 2007 U.S. Dist. LEXIS 66318
 
Management Resources
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, rev. 2007
Guide to Effective Meetings, rev. 2007
Maximizing School Board Leadership: Boardsmanship, 1996
 
ATTORNEY GENERAL PUBLICATIONS
The Brown Act: Open Meetings for Legislative Bodies, California Atorney General’s Office, rev. 2003
 
CALIFORNIA CITY ATTORNEY PUBLICATIONS
Open and Public III: A User’s Guide to the Ralph M. Brown Act, 2000
 
WEBSITES
California Attorney General’s Office: www.caag.state.ca.us