San Francisco Unified School District and County Office of Education
Board Rule and Procedure 9320
Meetings and Notices
This Rule and Procedure applies to the San Francisco Unified School District and the County Office of Education.
Meetings of the Board of Education are conducted for the purpose of accomplishing District business. In accordance with state open meeting laws (the Brown Act), the Board shall hold its meetings in public and shall conduct closed sessions during such meetings only as authorized by law. To encourage community involvement in the schools, Board meetings shall provide opportunities for questions and comments by members of the public. All meetings shall be conducted in accordance with law and the Board’s rules and procedures, policies, administrative regulations, and exhibits.
A Board meeting exists whenever a majority of Board members gather at the same time and place to hear, discuss, or deliberate upon any item within the subject matter jurisdiction of the Board or District. (Government Code 54952.2)
A majority of the Board shall not, outside of an authorized meeting, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the Board. This prohibition against serial meetings also applies to communications via technology. Pursuant to Government Code section 54952.2, as amended by AB 992 (Ch. 89, Statutes of 2020), Board members may engage in separate conversations or communications with members of the public on an Internet-based social media platform that is open and accessible to the public as long as a majority of the Board does not use the platform to discuss among themselves business within the subject matter jurisdiction of the Board and members do not comment on or use digital icons (e.g.,”likes” or emojis) to express reactions to communications made by other Board members. Consequently, a Board member is prohibited from responding directly to any communication from other members of the Board on a social media platform regarding matters that are within the subject matter jurisdiction of the Board.
However, an employee or District official may engage in separate conversations with Board members in order to answer questions or provide information regarding an item within the subject matter jurisdiction of the Board, as long as that employee or District official does not communicate the comments or position of any Board members to other Board members. (Government Code 54952.2)
In order to help ensure the meeting is accessible to all interested individuals, the Superintendent or designee shall provide appropriate accommodations or modifications upon request in accordance with the Americans with Disabilities Act. (Government Code 54953.2, 54954.1)
Meeting notices and agendas shall specify that any individual who requires 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)
Each agenda shall also list the address(es) designated by the Superintendent or designee for public inspection of agenda documents that are distributed to the Board less than 72 hours before the meeting. (Government Code 54957.5)
Regular Meetings
The Board’s intention is that at least 50% of all Board meeting minutes each month, including committee meetings, will be used to monitor student progress toward the Board’s adopted goals.
Except in the event of a major religious holiday or school recess, the Board may meet in regular session on the second and fourth Tuesday of each month at a time and place designated by the Board and shall adjourn upon completion of the items under discussion at that time, though preferably not more than three hours or later than 10p.m. unless extended by majority vote.
Board and committee meetings shall begin promptly at their designated starting time. If the President is not present to convene the Board meeting and provided that a quorum of the Board is present, the Vice-President shall call the meeting to order within fifteen minutes of the noticed meeting start time.
Meetings may be held at a school site with the approval of a majority of the Board.
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 and on the District’s Internet website. (Government Code 54954.2)
In addition, pursuant to the California Public Records Act (Government Code section 6252-6270), agenda materials related to an open session of a Board’s regular meeting are “public records” and are subject to inspection of any member of the public. Whenever agenda materials relating to an open session of a regular meeting are distributed to the Board less than 72 hours before the meeting, the Superintendent or designee shall make the materials available for public inspection at a public office or location designated for that purpose. (Government Code 54957.5)
Special Meetings
The President may call a special meeting of the Board. Any four members may also call a special meeting of the Board through a written request to the President, at which time the Board President has 45 calendar days to call a meeting as requested by written request of the four Board Members. A special meeting to reorganize one or more members of board leadership may be called with only 7 calendar days of notice.
Only those items for which the special meeting was called and which appear on the agenda may be considered. For special meetings, the Board of Education will, where possible, provide 72 hours notice, and will otherwise provide 24 hours notice as required by law. Written notice of special meetings shall be delivered personally or by any other means to all Board members and the local media who have requested such notice in writing. The notice also shall be posted on the District’s Internet web site. The notice shall also be posted at least 24 hours before the meeting in a location freely accessible to the public. The notice shall specify the time and location of the meeting and the business to be transacted or discussed. No other business shall be considered at this meeting. (Education Code 35144; Government Code 54956) Every notice of a special meeting shall provide an opportunity for members of the public to directly address the Board concerning any item that has been described in the meeting notice, before or during the item’s consideration. (Government Code 54954.3)
The first and third Tuesday of each month shall be reserved for special meetings, and committee-of-the-whole meetings. No standing committee meetings shall be held on Tuesdays.
The Board may not call a special meeting regarding the salary, salary schedule, or other compensation of the Superintendent or other management employee as described in Government Code section 3511.1. (Government Code 54956)
Emergency Meetings
In the case of an emergency situation for which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an emergency meeting without complying with the 24-hour notice and/or 24-hour posting requirement for special meetings pursuant to Government Code section 54956. The Board shall comply with all other requirements for special meetings during an emergency meeting. (Government Code 54956.5)
An emergency situation means either of the following: (Government Code 54956.5)
- An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health and/or safety as determined by a majority of the members of the Board.
- A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist activity, or threatened terrorist act that poses peril so immediate and significant that requiring the Board to provide one-hour notice before holding an emergency meeting may endanger the public health and/or safety as determined by a majority of the members of the Board.
(cf. 3516 – Emergencies and Disaster Preparedness Plan)
Except in the case of a dire emergency, the Board President or designee shall give notice of the emergency meeting by telephone at least one hour before the meeting to the local media that have requested notice of special meetings. All telephone numbers provided by the media in the most recent request for notification must be exhausted. If telephone services are not functioning, the notice requirement of one hour is waived and, as soon after the meeting as possible, the Board shall notify those media representatives of the meeting and shall describe the purpose of the meeting and any action taken by the Board. In the case of a dire emergency, the Board President or designee shall give such notice at or near the time he/she notifies the other members of the Board about the meeting. (Government Code 54956.5)
The minutes of the meeting, a list of persons the Board President or designee notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for at least 10 days in a public place as soon after the meeting as possible. (Government Code 54956.5)
Adjourned/Continued Meetings
The Board may adjourn/continue any regular or special meeting to a later time and place that shall be specified in the order of adjournment. Less than a quorum of the Board may adjourn such a meeting. If no Board members are present, the secretary or the executive assistant to the Board may declare the meeting adjourned to a later time and shall give notice in the same manner required for special meetings. (Government Code 54955)
Within 24 hours after the time of adjournment, a copy of the order or notice of adjournment/continuance shall be conspicuously posted on or near the door of the place where the meeting was held. (Government Code 54955)
Committee-of-the-Whole
The Board may convene as a Committee-of-the-Whole to consider only such items as it may designate. A Committee-of-the-Whole shall be defined as the entire membership of the Board sitting in deliberation for the purpose of in depth, informal debate and consideration of proposals on matters within its jurisdiction. Meetings of a Committee-of-the-Whole shall be noticed 72 hours prior to being held. The Vice-President shall preside at a Committee-of-the-Whole. The Committee-of-the-Whole may hear public testimony and give detailed consideration to the matter under discussion. As a committee, no action may be taken other than to make recommendations for consideration by the Board, except that the Board may take action on closed session agenda items.
Other Gatherings
Attendance by a majority of Board members at any of the following events is not subject to the Brown Act provided that a majority of the Board members do not discuss specific District business among themselves other than as part of the scheduled program: (Government Code 54952.2)
- A conference or similar public gathering open to the public that involves a discussion of issues of general interest to the public or to school board members
- An open, publicized meeting organized by a person or organization other than the District to address a topic of local community concern
- An open and noticed meeting of another body of the District
- An open and noticed meeting of a legislative body of another local agency
- A purely social or ceremonial occasion
- An open and noticed meeting of a standing or an ad hoc committee of the Board, provided that the Board members who are not members of the standing or ad hoc committee attend pursuant to the Augmented Committees provisions of Board Rules and Procedures 9130.
Individual contacts or conversations between a Board member and any other person are not subject to the Brown Act. (Government Code 54952.2)
Location of Meetings
Meetings shall not be held in a facility that prohibits the admittance of any person on the basis of ancestry or any characteristic listed in Government Code 11135, including, but not limited to, religion, sex, or sexual orientation. In addition, meetings shall not be held in a facility which is inaccessible to disabled persons or where members of the public must make a payment or purchase in order to be admitted. (Government Code 54961)
Meetings shall be held within District boundaries, except to do any of the following: (Government Code 54954)
- Comply with state or federal law or court order or attend a judicial or administrative proceeding to which the District is a party
- Inspect real or personal property which cannot conveniently be brought into the District, provided that the topic of the meeting is limited to items directly related to the property
- Participate in meetings or discussions of multi-agency significance, provided these meetings are held within one of the other agencies’ boundaries, with all participating agencies giving the notice required by law
- Meet in the closest meeting facility if the District has no meeting facility within its boundaries or if its principal office is located outside the District
- Meet with elected or appointed state or federal officials when a local meeting would be impractical, solely to discuss legislative or regulatory issues affecting the District over which the state or federal officials have jurisdiction
- Meet in or near a facility owned by the District but located outside the District, provided the meeting agenda is limited to items directly related to that facility
- Visit the office of the District’s legal counsel for a closed session on pending litigation, when doing so would reduce legal fees or costs
- Attend conferences on non-adversarial collective bargaining techniques
- Interview residents of another District regarding the Board’s potential employment of an applicant for Superintendent of the District
- Interview a potential employee from another District
Meetings exempted from the boundary requirements, as specified in items #1-10 above, shall still be subject to the notice and open meeting requirements for regular and special meetings when a quorum of the Board attends the meeting.
If a fire, flood, earthquake, or other emergency renders the regular meeting place unsafe, meetings shall be held for the duration of the emergency at a place designated by the Board President or designee, who shall so inform all news media who have requested notice of special meetings by the most rapid available means of communication. (Government Code 54954)
Teleconferencing
A teleconference is a meeting of the Board in which Board members are in different locations, connected by electronic means through audio and/or video. (Government Code 54953)
The Board may use teleconferences for all purposes in connection with any meeting within the Board’s subject matter jurisdiction. All votes taken during a teleconference meeting shall be by roll call. (Government Code 54953)
During the teleconference, at least a quorum of the members of the Board shall participate from the noticed location and constitute a physical quorum within District boundaries. (Government Code 54953)
Agendas shall be posted at all teleconference locations and shall list all teleconference locations whenever they are posted elsewhere. Additional teleconference locations may be provided to the public. (Government Code 54953)
All teleconference locations shall be accessible to the public. All teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the Board, including the right of the public to address the Board directly at each teleconference location. (Government Code 54953)
All Board policies, administrative regulations, and rules and procedures shall apply equally to meetings that are teleconferenced. The Superintendent or designee shall facilitate public participation in the meeting at each teleconference location.
Teleconferencing During a Proclaimed State of Emergency
The Board may conduct Board meetings by teleconference without posting agendas at all teleconference locations, identifying teleconference locations in meeting notices and agendas, allowing public access to each teleconference location, providing an opportunity for members of the public to address the Board directly at each teleconference location, and ensuring that at least a quorum of the Board participate from locations within District boundaries, during a proclaimed state of emergency pursuant to Government Code 8625-8629 in any of the following circumstances: (Government Code 54953)
- State or local officials have imposed or recommended measures to promote social distancing
- For the purpose of determining, by majority vote, whether as the result of the emergency meeting in person would present imminent risks to the health or safety of attendees
- When it has been determined, by majority vote as described in Item #2 above, that as a result of the emergency meeting in person would present imminent risks to the health or safety of attendees
To conduct a teleconference meeting for these purposes the following requirements shall be satisfied: (Government Code 54953)
- The notice and agenda shall be given and posted as otherwise required by the Brown Act
- The notice and agenda of the meeting shall specify the means by which members of the public may access the meeting and offer public comments, including via a call-in or internet-based service option
- Members of the public may be required to register to log in to a meeting when making public comments through an internet web site or other online platform that is operated by a third-party and not under the control of the Board.
- Members of the public shall be allowed to access the meeting, and the agenda shall provide an opportunity for members of the public to address the Board directly pursuant to Government Code 54954.3
- Members of the public shall not be required to submit public comments in advance of a Board meeting and shall be provided an opportunity to address the Board and offer comments in real time
- Public comment periods shall not be closed until the timed public comment period, if such is offered by the Board, has elapsed or, if not timed, until a reasonable amount of time per agenda item has been allowed
- If during a Board meeting a disruption occurs which prevents the District from broadcasting the meeting to members of the public or for members of the public to offer public comments, the Board shall take no further action on any agenda item until public access via the call-in or internet-based service option to the meeting is restored.
The District may, in its discretion, provide a physical location from which the public may attend or comment. (Government Code 54953)
The Board may continue to conduct meetings by teleconference, as specified above for teleconferencing during proclaimed states of emergency, by a majority vote finding within 30 days after teleconferencing for the first time, and every 30 days thereafter, that either: (Government Code 54953)
- The state of emergency continues to directly impact the ability of the Board to meet safely in person; or
- State or local officials continue to impose or recommend measures to promote social distancing.
Policy Reference Disclaimer: Please note that these references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State References Description
Ed. Code 35140 Time and place of meetings
Ed. Code 35143 Annual organizational meetings; date and notice
Ed. Code 35144 Special meeting
Ed. Code 35145 Public meetings
Ed. Code 35145.5 Agenda; public participation; regulations
Ed. Code 35146 Closed sessions; student matters
Ed. Code 35147 Open meeting laws exceptions
Gov. Code 11135 Nondiscrimination in programs or activities funded by state
Gov. Code 3511.1 Local agency executives
Gov. Code 54950-54963 The Ralph M. Brown Act
Gov. Code 54953 Oral summary of recommended salary and benefits of superintendent
Gov. Code 54954 Time and place of regular meetings
Gov. Code 54954.2 Agenda posting requirements, board actions
Gov. Code 54956 Special Meetings
Gov. Code 54956.5 Emergency meetings
Federal References Description
28 CFR 35.160 Effective communications
28 CFR 36.303 Auxiliary aids and services
42 USC 12101-12213 Americans with Disabilities Act
Management Resources References Description
Attorney General Opinion 88 Ops.Cal.Atty.Gen. 218 (2005)
Attorney General Opinion 84 Ops.Cal.Atty.Gen. 181 (2001)
Attorney General Opinion 84 Ops.Cal.Atty.Gen. 30 (2001)
Attorney General Opinion 79 Ops.Cal.Atty.Gen. 69 (1996)
Attorney General Opinion 78 Ops.Cal.Atty.Gen. 327 (1995)
Court Decision Wolfe v. City of Fremont, (2006) 144 Cal.App. 544
CSBA Publication The Brown Act: School Boards and Open Meeting Laws, rev. 2014
Institute for Local Government Publication The ABCs of Open Government Laws
League of California Cities Publication Open and Public IV: A Guide to the Ralph M. Brown Act, 2nd Ed., 2010
Website League of California Cities
Website Institute for Local Government
Website California Attorney General’s Office
Website CSBA
Cross References Description
0410 Nondiscrimination In District Programs And Activities
0420.4 Charter School Authorization
0420.4 Charter School Authorization
0420.43 Charter School Revocation
0450 Comprehensive Safety Plan
0460 Local Control And Accountability Plan
1113 District And School Web Sites
1113-E(1) District And School Web Sites
1160 Political Processes
1220 Citizen Advisory Committees
1330 Use Of School Facilities
1330-E(1) Use Of School Facilities
1340 Access To District Records
1431 Waivers
2000 Concepts And Roles
2111 Superintendent Governance Standards
2121 Superintendent’s Contract
2210 Administrative Discretion Regarding Board Policy 3100 Budget
3280 Sale Or Lease Of District-Owned Real Property 3311 Bids
3312 Contracts
3314 Payment For Goods And Services
3516 Emergencies And Disaster Preparedness Plan
4117.14 Postretirement Employment
4141.6 Concerted Action/Work Stoppage
4312.1 Contracts
4317.14 Postretirement Employment
6112 School Day
6117 Year-Round Schedules
6173.1 Education For Foster Youth
7150 Site Selection And Development
7214 General Obligation Bonds
7310 Naming Of Facility
9000-B Role Of The Board
9005-B Governance Standards
9012-B Board Member Electronic Communications
9100-B Organization
9121-B President
9130-B Board Committees
9140-B Board Representatives
9220-B Governing Board Elections
9230-B Orientation 9270-B Conflict Of Interest
9310-B Board Policies
9321-B Closed Session
9322-B Agenda/Meeting Materials
9323-B Meeting Conduct
9324-B Minutes And Recordings
9400-B Board Self-Evaluation