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La Canada USD |  BB  9322  Board Bylaws

Agenda/Meeting Materials   

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Governing Board 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. (Government Code 54954.2) The agenda planning group described in the paragraphs below may arrange the order of second readings (old business) and first readings (new business) as it deems appropriate for the upcoming meeting.

(cf. 9320 - Meetings and Notices).

(cf. 9321 - Closed Session Purposes and Agendas)

The agenda shall provide members of the public the opportunity to address the Board on any agenda action or discussion 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. (Education Code 35145.5, Government Code 54954.3)

(cf. 9323 - Meeting Conduct)

Each meeting 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. (Government Code 54957.5)

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 in writing.

Agenda Preparation

The Superintendent, as Secretary to the Board, in consultation with the Board president and one other Board member, such Board member is determined on a rotating basis among all Board members other than the president or acting president ("Rotating Board Member"), shall prepare the agenda for each regular and special meeting. If a Rotating Board Member cannot attend the agenda planning meeting as scheduled, the Rotating Board Member can arrange a trade with any other board member, as long as neither board member serves two consecutive agenda planning meetings. In the case where a trade causes consecutive service, the Board president may grant an exception and his/her decision shall be final. Under no circumstances may the Board president refuse a trade if the result is that no Rotating Board member is available to attend agenda planning.

(cf. 9121 - President)

(cf. 9122 - Secretary)

The board president, the Rotating Board Member and staff shall contribute items and set the agenda at the agenda-planning meeting. For suggested agenda items that will require

extensive staff time or resources, a member of agenda planning or any board member may take a proposed agenda item, and the rationale for the item, to Communications for Board direction on whether or not to commit resources to a future agenda item.

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 must be in writing and be submitted by mail, e-mail or fax to the Superintendent or designee with supporting documents and information, if any, at least two weeks before the scheduled meeting date.

Items Submitted

Less than two weeks 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. Verbal and other requests not in accordance with this bylaw will not be considered. This bylaw does not limit the Board's authority to take action or to agendize items in any way.

The Board president, the applicable Rotating Board Member 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, the applicable rotating Board member 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 regulation or has already been materially addressed in a prior board meeting before placing the item on the agenda. If the item is merely a request for information or is an issue covered by an existing policy or administrative regulation a majority of the president, Superintendent and rotating member may decide not to place the item on the agenda.

If an item has previously been materially addressed in a prior Board meeting within the past six months, and the Board has taken action or given Board direction on or relating to the item, and there are no new material facts, information, or change of circumstances, a majority of the Board president, the rotating Board member, and the Superintendent may decide not to place the item on the agenda. For the six month limitation to be effective, the prior board vote or action must be on an action or discussion item related to the topic and must be documented in the Minutes of the Board meeting and include the names of the dissenting board members. A newly elected school board member may submit items to be placed on the agenda and such item shall not be denied based on the six month rule.

If a matter has been duly requested in writing to be placed on the agenda of a regular meeting, such request meeting all requirements of time and jurisdiction as described in this bylaw, the item must be placed on the agenda of the next regularly scheduled Board meeting or as soon thereafter as practicable. If such duly requested matter cannot be placed on the agenda of the next regularly scheduled Board meeting, or if the item does not meet the requirements to be placed on a scheduled agenda pursuant to this bylaw, the person making

the request shall be notified in writing (including electronic communication) with appropriate explanation and told when or not the matter will be scheduled or that if so determined, that it does not fall within the jurisdiction of the Board.

The Board president, applicable rotating Board member 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, informational item or consent item.

Any board item 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)

In accordance with the law, the public has the 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.

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

Agenda Dissemination to Members of the Public

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)

If a document 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 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 related to an agenda item for an open session of a regular 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 related to an agenda item for an upcoming meeting. (Government Code 54957.5)

(cf. 1113 - District and School web Sites)

(cf. 1340 - Access to District Records)

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)

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 American with Disabilities Act. (Government Code 54954.1)

Any request for mailed copies of agendas or agenda packets shall be in writing and shall be valid for the fiscal year in which it is filed. Written requests must be renewed following July 1 of each year. Persons requesting mailing of the agenda or agenda packet shall pay an annual fee as determined by the Superintendent or designee. (Government Code 54954.1)

Any person may request an e-mail copy of the agendas (but not the agenda packet) without a fee.

Upon request, the Superintendent or designee shall make the agenda and/or agenda packet available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. (Government Code 54954.1)

Legal Reference:

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

54960.2 Challenging board actions; cease and desist

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

Mooney v. Garcia, (2012) 207 Cal.App.4th 229

Caldwell v. Roseville Joint Union High School District, 2007 U.S. Dist. LEXIS 66318

Management Resources:

CSBA PUBLICATIONS

Call to Order: A Blueprint for Great Board Meetings, 2010

The Brown Act: School Boards and Open Meeting Laws, rev. 2009

ATTORNEY GENERAL PUBLICATIONS

The Brown Act: Open Meetings for Legislative Bodies, rev. 2003

WEB SITES

CSBA, Agenda Online: http://www.csba.org

California Attorney General's Office: http://www.oag.ca.gov

Bylaw LA CA–ÅDA UNFIED SCHOOL DISTRICT

readopted: March 26, 2013 La Ca𠣡 Flintridge, California