4105: Public Participation in Board Meeting

Model Board Policy Manual

ISBA Policy Management Console

Board Policy 4105: Public Participation in Board Meeting

Status: ADOPTED

Original Adopted Date: 11/10/2015 | Last Revised Date: 08/07/2017, 02/14/2023, 7/16/2024              |Last Reviewed Date:

 

 

All regular and special meetings of the Board shall be open to the public, but any person who disturbs good order may be required to leave.

During all regular meetings and board public hearings, The Board of Trustees encourages all citizens of the District to express their ideas and concerns on agenda items. The comments of the community will be given careful consideration. In the evaluation of such comments, the first priority will be District students and their educational program. Desired public input on agenda items shall not be regarding any subject matter that would compel the Board to enter into executive session. The Board shall make a determination as to whether or not the desired subject matter requested for public input is appropriate in relation to the Board’s agenda and/or if a matter would require executive session. 

The Board may offer the ability to attend their meeting remotely, including the ability to submit patron input electronically ahead of time at a time and in a manner identified by the Board. Such electronically provided input shall be provided to the Trustees and made a part of the minutes. 

Addressing Complaints and Grievances 

Due to their sensitive nature, comments and complaints about personnel or individual students cannot be heard in open session. Additionally, other topics described in Policy 1500 may only be appropriate for executive session and all grievance processes shall be followed before the Board may entertain such subject matter. The Board shall determine whether a public comment is appropriate in open session and notify the commentor if it is not. 

Any complaint about the District on these or other topics; including instruction, discipline, District personnel policy, procedure, or curriculum; should be referred through proper administrative channels before it is presented to the Board for consideration and action. All complaints should be resolved through proper channels in the following order:

  1. Teacher or staff;
  2. Principal or supervisor;
  3. Director or administrator;
  4. Superintendent; then
  5. Board of Trustees.

Please also see District Policy No. 4110 Public Complaints and Suggestions.

Complaints or grievances on topics that may only be considered in executive session will only be heard by the Board in accordance with the applicable grievance or complaint policy. Such executive session may be arranged in advance and included on the agenda as described in Policy 1500 and Procedure 1500P.  

Rules and Process for Public Comment

Members of the public will not be recognized by the Chair as the Board conducts its official business except during the Board’s scheduled comment period during a regular meeting or public hearing of the board, and only on subject matters identified on the Board’s agenda. The Board will listen to the public but, at the same time, expects the public to listen and speak only when properly recognized.

At each regular meeting of the Board the agenda shall provide time for public comment before the Board on agenda items or at public hearings of the Board. At special meetings of the Board, the Board may accept public comment. All public comment will be accepted before the Board addresses action items on District business, including items in a consent agenda. Persons wishing to address the Board at a regular meeting or public hearing on agenda items will be required to submit a “Request to Address the Board” form. Forms are available from the Board Clerk and will be available at each meeting.

The Board shall ensure that members of the following groups, listed in no particular order, are given priority to participate in Board meetings:

  1. Students who attend a District school;
  2. Parents/guardians of such students;
  3. District employees; and
  4. People who reside within the District.

Attendees who do not belong to any of these groups will only be allowed to speak after members of the groups listed above have provided comment and only if there is still time available within the public comment period. 

To be efficient and effective, long board meetings will be avoided. As such, total time allotted for public comment will not exceed one hour. Public participation will be limited to the time allotted on the agenda. Each speaker will be limited to 3 minutes. Public comment will only be taken on action items scheduled on the Board’s agenda at a regular meeting of the Board or during a Board public hearing.  Should a large number of members of the public wish to speak on the same issue or topic, members of the public are encouraged to select one or more representatives to summarize their position. Additionally, the Board clerk will accept written comments on agenda items for regular meetings and Board public hearings for distribution to the Board. The Board may decline to hear repetitive comments.

Written comments for Trustees must be submitted to the Board Clerk. The written comments must include the name, address, and telephone number of the person submitting it. A copy of the materials that meet these requirements will be forwarded to Trustees if received by noon the Thursday preceding the Board meeting. Materials should not be sent directly to Trustees. Materials may be presented or mailed to the Board clerk at 507 Idaho St. Gooding , ID 83330, or emailed to the Board clerk at lisa.astorquia@goodingschools.org.

If a topic is being considered by a committee established for that purpose, the Chair may refer the public comment to that committee.

Because of the diversity of issues and the confines of the Open Meeting Laws, Trustees will not respond to public comment nor engage in discussion with individuals or entities presenting public input. Instead, issues may be recorded and referred to the proper staff person for follow-up and/or considered by the Board in addressing the pending agenda items through open discussion or voting. The Chair may interrupt or terminate an individual’s statement when it is too lengthy, abusive, obscene, repetitive, irrelevant, threatening to any individual, or if they are going off-topic from an item listed on the agenda. The Board as a whole shall have the final decision in determining the appropriateness of all such rulings.

Nothing in this policy shall prohibit the removal of any person who, in the judgement of the Board Chair, willfully disrupts a meeting to the extent that orderly conduct is seriously compromised. Defamatory or abusive remarks are always out of order, and any person may be removed from the meeting if they are engaging in illegal conduct. The presiding officer may terminate the speaker’s privilege of address if, after being called to order, the speaker persists in improper conduct or remarks.

If a special meeting has been held to obtain public comment on a specific issue, the Chair of the Board may choose not to recognize speakers wishing to comment on the same topic at a regular meeting of the Board. 

 

Legal References

Description

IC § 33-510

Annual Meetings – Regular Meetings – Board of Trustees

IC § 33-512(11)

Governance of Schools – District Permitted to Prohibit Entry to School Grounds

IC § 74-206

Executive Sessions – When Authorized

Cross References

Code

Description

1500

Board Meetings

1500

Board Meetings

2425

Parental Rights

2425

Parental Rights

4110

Public Complaints

4320

Disruption of School Operations

 

 

 

 

 

 

 

 

 

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