Agenda/Meeting Materials

San Francisco Unified School District and County Office of Education

Board Rule and Procedure 9322

Agenda/Meeting Materials

This Rule and Procedure applies to the San Francisco Unified School District and the County Office of Education.

Agenda Content

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. (Government Code 54954.2)

(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 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 of a committee comprised exclusively of Board members, provided that members of the public were afforded an opportunity to comment on the item at that meeting and that the item has not been substantially changed since the committee considered it. (Government Code 54954.3) 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 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. (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. (Government Code 54954.2)

Agenda Preparation

The Board President and Superintendent shall develop the agenda for each regular and special meeting in accordance with Board policy. Each agenda shall reflect the District’s vision and goals and the Board’s focus on student learning.

(cf. 0000 – Vision)

(cf. 0200 – Goals for the School District)

(cf. 9122 – Secretary)

A 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 in writing and be submitted to the Superintendent or designee with supporting documents and information, if any, at least fourteen days before the scheduled meeting date. Items submitted less than fourteen 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 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 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 before placing the item on the agenda.

The Board President, Vice President, Superintendent, and/or designee(s) shall review the agenda before it is printed and the Board President shall have final authority over whether any item on the agenda is placed in accordance with Board policy. In making this determination, the Board President will sort all potential agenda items into one of three categories:

Yes it automatically is eligible to go on the Board meeting agenda,

No it is not allowed on the Board meeting agenda, and

Maybe it is eligible if it meets additional scrutiny.

Yes

Goals: If the item is directly related to the setting or monitoring of the Board’s adopted goals for student outcomes, then it may be placed on a Board meeting agenda.

Guardrails: If the item is directly related to the setting or monitoring of the Board’s adopted Guardrails, then it may be placed on a Board meeting agenda.

Requirements: If the Board is legally required to take action on an item (this is distinct from merely being an item related to legal matters or an item legally required of the District), then it may be placed on a Board meeting agenda.

Personnel Who Are Not Direct Reports: If, in the President’s judgment, the item is related to the Superintendent’s duties related to personnel and the item has not gone through the proper administration procedures that would elevate it to being on a Board agenda, then it may not be placed on the Board’s agenda.

Vendors: If, in the President’s judgment, the item is related to the Superintendent’s duties related to vendors and/or vendor contracts and the item has not gone through the proper administrative procedures that would elevate it to being on a Board agenda, then it may not be placed on the Board’s agenda.

Board Member Resolutions: This is not a wise method of governance.

Privacy: If the item violates an individual’s legally protected right to privacy as defined by state or federal law, then it may not be placed on a Board meeting agenda.

Maybe

Generally, if an item does not meet the “Yes” criteria above, the Board President should decline to place it on the agenda.

If the item is a matter that has been delegated to the Superintendent but the Superintendent agrees that it should be considered by the full Board, then the item may be considered for placement on the agenda.

If the item is a matter that has been delegated to the Board President but the Board President agrees that it should be considered by the full Board, then the item may be considered for placement on the agenda.

All other matters should be declined for placement on the Board agenda.

Board Agenda Timeline For Regular Meetings

12 Days Before Board Meeting: For each Board meeting, the Superintendent will provide a draft of all items to be considered — including legal documents, support materials, staff presentations, etc — to Board Members at least 12 days prior to the Board meeting during which the items will be considered. The Superintendent will provide a draft agenda to the public and all appropriate supporting documentation at least 12 days prior to a Regular Board meeting. The Superintendent will always provide a substantiated recommendation for items that require Board approval. All consent-eligible items will be placed, by default, on the consent agenda. Once Board Members receive the materials, they may immediately begin submitting questions to the Superintendent. Any items not provided to the Board at least 12 days in advance will not be eligible for consideration and will be moved to the subsequent meeting agenda.

For example, if the Board meeting is at 5pm on the 12th day of the month, the completed agenda and all documents associated with items on the agenda must be provided to Board Members no later than 5pm on the 1st day of the month.

8 Days Before Board Meeting: Board Members will have 4 days to submit questions about the agenda items to the Superintendent.

For example, if the Board meeting is at 5pm on the 12th day of the month, Board Members must submit their questions about agenda items no later than 5pm on the 4th day of the month.

5 Days Before Board Meeting: The Superintendent will have 3 days to create a Q&A document of responses to Board Member questions. This document may not indicate who asked which questions so as to avoid creating a serial meeting.

For example, if the Board meeting is at 5pm on the 12th day of the month, the Superintendent must provide responses to Board Member questions about agenda items no later than 5pm on the 7th day of the month.

4 Days Before Board Meeting: Board members will have by 9:00 a.m. the following day to request items be removed from the “consent” agenda and placed on the “regular” agenda for discussion and consideration. If at least two board members request an item to be moved from the consent agenda to the separate vote agenda by 9:00 am 3 working days prior to the board meeting, the Superintendent will immediately make the change. This is the only time before or during Board meetings that items will be able to be moved from the consent agenda to the separate vote agenda.

For example, if the Board meeting is at 5pm on the 12th day of the month, Board Members must request items be moved from the consent agenda no later than 9:00 am on the 8th day of the month.

If a majority of board members vote to remove an item from the consent agenda during the board meeting, this motion will have the automatic and unchangeable effect of tabling the item to the next regular board meeting’s regular (non-consent) agenda.

If Board members need to recuse themselves from participation in an item on the agenda because of a conflict of interests, they must declare that in writing to the Superintendent and copy the Board President. If the Superintendent receives a declaration, they will create a second consent agenda item — a “recusal consent” agenda — to place items on that are subject to a conflict of interests so that Board members can vote on the standard consent agenda without voting on an item on the conflicted consent agenda.

In situations where Board Members have not identified conflicts in advance, they may still vote, “Aye, with the exception of contract x as to which I recuse myself” to remain in legal compliance.

3 Days Before Board Meeting: The Superintendent will post the final agenda 72 hours in advance of the meeting. The Board meeting agenda must include a copy of the Q&A document. No additional changes will be made to the Board agenda during the 72 hour period prior to the Board meeting.

For example, if the Board meeting is at 5pm on the 12th day of the month, The Superintendent must post the agenda no later than 5pm on the 9th day of the month.

Day of Board Meeting: No items may be added or removed from any part of the agenda by Board members during the Board meeting. Motions to that effect will be ruled out of order by the Board President. Items may be tabled to a future meeting.

(cf. 9121 – President)

Any Board action that involves borrowing 0,000 or more shall be discussed, considered, and deliberated upon as a separate item of business on the meeting agenda. (Government Code 53635.7)

(cf. 9323.2 – Actions by the Board)

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

(cf. 1312.1 – Complaints Concerning District Employees)

(cf. 1312.2 – Complaints Concerning Instructional Materials)

(cf. 1312.3 – Uniform Complaint Procedures)

(cf. 3320 – Claims and Actions Against the District)

(cf. 5144.1 – Suspension and Expulsion/Due Process)

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 shall be items of a routine nature or items for which no Board discussion is anticipated and for which the Superintendent recommends approval.

Proposals and resolutions relating to the following subjects are not routine and may not be placed on the consent calendar: adoption of the fiscal year budget; approval, denial, revocation, or renewal of charter school petitions; consideration of sales or purchases of real property; or consideration of labor agreements.

A vote will be called on the adoption of all items on the consent calendar as one motion. No discussion is allowed on motions pertaining to adoption of the consent items. Any motions during the Board meeting to add, remove, or modify items on the consent calendar – other than a motion to table an item to a future meeting – are out of order.

Agenda Dissemination to Board Members

When special meetings are called, the Superintendent or designee shall make every effort to distribute the agenda and supporting materials to Board members as soon as possible before the meeting.

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 relates 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 website in a position and manner that makes it clear that the document relates to an agenda item for an upcoming meeting. (Government Code 54957.5) Additional documents which are distributed to at least a majority of the Board after the publication of the agenda and relate to items on the agenda are available for public view in Room 106 at the time of distribution to the Board members. Additional documents distributed to the Board during the meeting can be viewed at the meeting (if prepared by the District) or after the meeting (if prepared by some other person) upon request to the Executive Assistant to the Board.

(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 Americans 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 calendar year in which it is filed. Written requests must be renewed following January 1 of each year. (Government Code 54954.1)

Public Posting of the Agenda

The Board agenda is posted and its contents are made available for public view in the lobby of the District’s Administrative Building at 555 Franklin Street on the Friday before each regular meeting. A copy of the complete agenda is also available in the Office of the Board, Room 106, at the same address. In addition, the Superintendent or designee shall make the agenda accessible through a prominent direct link 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 website with the District’s agendas, and the current agenda shall be the first available. (Government Code 54954.2)

(cf. 1113 – District and School Web Sites)

(cf. 1340 – Access to District Records)

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

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 Attorney General’s Office, rev. 2003

CALIFORNIA CITY ATTORNEY PUBLICATIONS

Open and Public III: A User’s Guide to the Ralph M. Brown Act, 2000

WEB SITES

CSBA, Agenda Online: http://www.csba.org/Services/Services/GovernanceTechnology/AgendaOnline.aspx

California Attorney General’s Office: http://www.caag.state.ca.us