FOR SCHOOL COUNCILS Reviewing the Ralph M. Brown Act and Greene Act - - PowerPoint PPT Presentation

GOVERNANCE REQUIREMENTS FOR SCHOOL COUNCILS

Reviewing the Ralph M. Brown Act and Greene Act Requirements for School-Based Councils

Presented by: Diane Panossian, Director Leah Brackins, Sr. Parent Community Facilitator Office of Parent and Community Services

August 3, 2018

OBJECTIVES

• 1. Review the legal requirements of School Site Councils, Local

School Leadership Councils and Governing School Councils

• 2. Identify the implications for school meetings
• 3. Understand guidelines for generating sign-in rosters, agendas,

minutes and bylaws

• 4. Review the annual waiver requirements and procedures
• 5. Develop draft bylaws for the Local School Leadership Councils

and Governing School Councils

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GROUNDING ACTIVITY

• 1. Complete the 3-2-1

Activity Sheet.

• 2. Turn to a partner and

share your responses.

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CLOCK PARTNERS ACTIVITY

• 1. Write down the names
• f 4 people that you

don’t know, one on each line.

• 2. None of the people

should be seated at your table.

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DISTRICT GOAL AND THE DECISION-MAKING PROCESS

District Goal

100% Graduation

Council Meeting Goal

• 1. Formal Structure
• 2. Predictable Decision-making

Process

• 3. Open Public Dialogue
• 4. Public Access to Materials
• 5. Official Meeting Record

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District Objectives

1.

Proficiency for All

2.

100% Attendance

3.

Parent and Community Engagement

4.

School Safety

5.

Solid Foundation for Early Learners

Council Objectives

Preserve the people’s right to participate in the democratic process

SCHOOL COUNCILS/COMMITTEES UNDER EACH ACT

Brown Act

• 1. Local School Leadership

Council

• 2. Pilot Governing School

Council

Greene Act

• 1. School Site Council
• 2. English Learner Advisory

Committee

 Governance, not content  Understand the spirit of the law so that you can

discern appropriately

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HISTORY AND RATIONALE

1953

 Ralph M. Brown, CA State Assemblyman, writes California’s

first “sunshine law,” providing public access to government meetings.

 The Brown Act becomes a part of the California

Government Code (GC), establishing a “right to know” legal process for public meetings, requiring “legislative bodies” to publish information, promote openness, and provide stakeholders with a means to communicate opinions.

What constitutes a “legislative body” under the California Government Code?

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LEGAL REQUIREMENTS FOR COUNCILS: GOVERNMENT CODE

Chapter 9, CA Government Code

 The governing body of a local agency or any other local body created by

state or federal statute. (includes governing board of a school district)

 A commission, committee, board, or other body of a local

agency…created by charter, ordinance, resolution, or formal action of a legislative body (GC § 54952). (includes any councils formed by the governing board of a school district, excluding ad hoc committees)

As used in this chapter, “legislative body” means:

 This chapter shall be known as the Ralph M. Brown Act (GC § 54950.5).

• Applies to “legislative bodies” of local government agencies, including

county, city and school districts

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THE BROWN ACT

• 1. Open Meetings

 A meeting is defined as “any congregation of a majority of

members of legislative body at same time and location to hear, discuss, deliberate, or take action upon any item within subject matter jurisdiction.” (Majority usually defined as 50% + 1 member)

 All meetings of a legislative body must happen at a set date

and time and in public view. “Serial meetings” are prohibited.

• Series of meetings or communications that exchange ideas

among the majority, through person or technology, even though the majority never gather at the same time

• Emails, phone conversations, text messages

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SCENARIOS

Have you ever unknowingly participated in a serial meeting ?

 Five of the 10 members of a Local School Leadership

Council, operating under the Ralph M. Brown Act, email each

• ther to discuss opinions about whether to vote to

purchase an additional teacher with a budget surplus.

 Six of the 10 members of a Local School Leadership Council,

• perating under the Ralph M. Brown Act, attend a dinner

together.

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THE BROWN ACT

• 2. Meeting Notice and Agenda

 A meeting notice is a flyer that informs the public that a

meeting will occur, usually including only information about the title, date, time and location of a meeting. It is not required under the Brown Act.

 A meeting agenda is required under the Brown Act; and it

must be posted in an area accessible to the public at all times (outside of school building) at least 72 hours prior to the meeting time, or 24 hours prior to a “special meeting”.

• The Chairperson or majority of members can call for a “special

meeting” at any time; but certain provisions must be met.

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THE BROWN ACT

“Special Meeting”

 A written agenda needs to be personally delivered to each

member at least 24 hours in advance.

 The agenda needs to be provided to the local newspaper and

radio, or to the local television station at least 24 hours in advance if written notice is requested by the media outlet.

 Also, the agenda needs to be posted on the school’s website,

if the school has one, at least 24 hours in advance. What items should regular and “special” meeting agendas include?

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THE BROWN ACT

Meeting Agenda

 The meeting agenda must include the title, date, time and

location of a meeting, as well as including the order of the topics to be discussed in the meeting.

 In addition, the agenda must have a brief (under 20 word)

description of each business agenda item below the item.

 The agenda must state where the public can review the

materials or obtain copies, and it should contain a statement about who to contact if accommodations are needed under the Americans with Disabilities Act.

• This statement can be placed at the bottom of the agenda.

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THE BROWN ACT

Meeting Agenda

 Discussion or action cannot occur during the meeting on any

item not listed on the agenda.

• Exception: Need for immediate action, discovered after

posted agenda, requires 2/3 vote

• Exception: “Emergency situation” (GC § 54956.5)

determined by majority vote and defined as a work stoppage, an activity that severely impairs public health or safety, or a dire emergency like a crippling disaster or the threat of a terrorist attack

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THE BROWN ACT

T eleconferencing

 Address of teleconferencing location in top left corner with

phone number for call-in access

• Agenda with teleconferencing information must be posted

at the teleconferencing location either 72 or 24 hours before the meeting is held

• Teleconferencing location must be open and accessible to

the public for the duration of the meeting (no car)

• People teleconferencing are considered present at a

meeting and can vote

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THE BROWN ACT

• 3. Public Participation

 Reasonable regulations should be set and communicated on

the agenda describing the “time, place and manner” of public

• comments. A registration sheet should be provided at the

meeting.

• Beneath the Public Comment item listed early on the agenda,

identify how many speakers will be allowed and for how many minutes each.  The public can provide comments on any agenda item

before or during the consideration of the item.

 People can video and audio record if it’s not disruptive.

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REVIEW

Agenda T emplate

 Sample Agenda A

• What do you notice about

Agenda A?

ITEMS TO NOTE:

• Public Comment listing (III)
• Placement of Roll Call item (VI)
• Business item description (VIII)
• Action items identification (XI)
• Description at bottom

AGENDA A

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SCENARIOS

Is it posted accurately or not?

 Excellent Elementary School posts Agenda C on the school’s

fence three days before the meeting. Is this a proper posting for the public? How can Agenda C be improved?

 Happy High School posts Agenda B on the wall behind the

front door five days before the meeting. Is this a proper posting for the public? How can Agenda B be improved?

 Magnificent Middle School posts Agenda D in the main office

48 hours before the meeting, since budgets were just released and decisions need to be made. Is this a proper posting for the public? How can Agenda D be improved?

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DEVELOP

BREAK: Agenda T emplate Activity

 Create the agenda for your first

Local School Leadership or Governing School Council meeting.

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THE BROWN ACT

Penalties

 City District Attorney can file an injunction to stop violations.

• Actions of legislative body can be voided
• Civil suit can be filed by anyone, including the District

Attorney

 City District Attorney usually warns a legislative body of

violations before prosecuting for a violation. Compliance is the goal.

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THE BROWN ACT

Penalties

 Violations can warrant a criminal penalty leading to a

misdemeanor.

• Charges can be filed against any “member of a body at a

meeting where action is taken in violation, and the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled.”

ALL MEETINGS OF LEGISLATIVE BODIES, INCLUDING THE LOCAL SCHOOL LEADERSHIP COUNCILS (LSLC), MUST BE CONDUCTED UNDER BROWN ACT REGULATIONS, UNLESS THE BODIES ARE PROVIDED AN EXCEPTION…

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LEGAL REQUIREMENTS FOR COUNCILS CALIFORNIA EDUCATION CODE

Section 35147: Exceptions

 (a) Except as specified in this section, any meeting of the councils or

committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley-Keene Open Meeting Act (GC § 11120), and the Ralph M. Brown Act (GC § 54950.5).

 (b) The councils and schoolsite advisory committees established

pursuant to Sections 52012, 52065, 52176 (DELAC and ELAC), and 52852 (SSC), subdivision (b) of Section 54425 (CEAC), Section 52063 (PAC), Sections 54444.2 (state-level Migrant Ed.), 54724, and 62002.5, and committees formed pursuant to Section 11503 (Title I Parent Involvement Program) or Section 2604 of Title 25 of the United States Code (Role of Indian Affairs), are subject to this section.

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SCHOOL COUNCILS/COMMITTEES UNDER EACH ACT

Brown Act

• 1. Local School Leadership

Council

• 2. Pilot Governing School

Council

Greene Act

• 1. School Site Council
• 2. English Learner Advisory

Committee Ad hoc committees formed by any of these bodies are not subject to Greene or Brown Act regulations, as they are temporary groups with

• ne focused purpose, to gather information for the council/committee

to act upon.

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THE GREENE ACT

Section 35147

1.

Any meeting held by a committee or council shall be

• pen to the public.

2.

Any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee.

• 4. Any materials provided to a

school site council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act.

3.

The council or committee may not take any action on any item of business unless a) the item appeared on the posted agenda, or b) the council or committee members find, by unanimous vote, that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda.

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THE GREENE ACT

Section 35147

5.

Notice of the meeting shall be posted at the school site or other appropriate place accessible to the public at least 72 hours prior to the meeting.

6.

The meeting notice shall specify the date, time, and location of the meeting and contain an agenda describing each item of business to be discussed

• r acted upon.

7.

If a council or committee violates the procedural meeting requirements described above, and upon the demand of any person, the council or committee shall reconsider the items at its next meeting after allowing for public input on the item.

8.

Questions or brief statements made at the meeting by members of the council, committee,

• r public need not be described on an agenda as

items of business if those questions or statements a) do not have a significant effect on pupils or employees in the school or school district; or b) can be resolved solely by the provision of information.

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MAJOR DIFFERENCES BETWEEN THE ACTS

Brown Act

• 1. Public comment before or

during agenda item

• 2. Agenda must include brief

general description of items

• 3. Allows for “special

meetings”

• 4. Civil or criminal penalty

Greene Act

• 1. Public comment at any

time before meeting ends

• 2. Agenda can list business

item topic only

• 3. No “special meeting”

provision

• 4. Council decisions are

voided

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SCENARIOS

Brown or Greene Act Meetings?

 Public Comment is listed at the end of the agenda.  An item, not listed on the agenda for action, was discussed and voted

• n. The only penalty for the action was to reconsider the item at the

subsequent meeting after listing it as an “action” item on the agenda.

 A “special meeting” was called to discuss the implications of an

immediate budget change, and two members teleconference in.

 The committee members undergo civil penalties for communicating

about council business through group emails.

 By unanimous vote, the council members determined that there is a

need to take immediate action on an item not posted on the agenda and the need arose after the agenda posting.

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IMPLICATIONS FOR SCHOOL MEETINGS

School Site Council

 Meetings must be open to the public and materials available to the

public.

 All meetings must have agendas posted in a place continually

accessible to the public (outside of the school) at least 72 hours before the beginning of the meeting.

 Public comment must be listed on the agenda somewhere before the

meeting adjournment.

 Members have very specific election requirements as stated in the CA

Education Code § 52852.

 Guidance for School Site Councils is provided in Bulletin 6745.0.

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IMPLICATIONS FOR SCHOOL MEETINGS

Local School Leadership Council

 Meetings must be open to the public and materials available to the public.  All meetings must have agendas posted in a place continually accessible to

the public (outside of the school) at least 72 or 24 hours before the beginning of the meeting. NOTE: LSLC requires posting of the agenda at least 5 working days before the meeting.

 Agendas must have a brief, general (under 20 word) description below each

business agenda item.

 Public comment must be listed on the agenda somewhere before or during

the list of business items.

 Guidance for the Local School Leadership Councils is provided in the

Article 27 of the UTLA Contract.

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IMPLICATIONS FOR SCHOOL MEETINGS Expanded School Based Management Model and Local Initiative School Local School Leadership Councils

 The Expanded School Based Management Model (ESBMM) and Local

Initiative School (LIS) model require the formation of a Local School Leadership Council.

 An annual waiver can be filed to allow for the composition of the

councils at the ESBMM and LIS schools to mirror the same composition structure of SSC and the same members.

 Guidance for these autonomous school models can be found in the

ESBMM Manual and the Local School Stabilization and Empowerment Initiative Agreement.

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= same group holding separate meetings

IMPLICATIONS FOR SCHOOL MEETINGS Pilot Governing School Council (GSC)

 The Pilot School model requires the formation of a Governing School

Council (GSC). There are 2 main models that the GSC can adopt, as follows:

MODEL 1: The school’s GSC membership is comprised of those individuals elected to the school’s SSC. The GSC addresses all of the responsibilities listed in the LA Pilot School Agreement during a separate GSC meeting.

GSC SSC

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NOTE: Schools receiving Title I or III funds MUST hold SSC meetings in addition to GSC meetings.

IMPLICATIONS FOR SCHOOL MEETINGS Pilot Governing School Council (GSC)

MODEL 2: The SSC and GSC have the same composition but not the same members, so meetings are held independently, either on the same or on different

• days. Both the SSC and GSC are elected separately according to the

requirements set forth in the CA Education Code (SSC) and the school Pilot School Plan (GSC); however, they are responsible for making decisions on distinct topics.

GSC SSC

= 2 School Councils, SSC and GSC

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REVIEW: IMPLICATIONS FOR SCHOOL MEETINGS

SCHOOL SITE COUNCIL

GOVERNANCE: Greene Act COMPOSITION: CA Ed. Code § 52852

LOCAL SCHOOL LEADERSHIP COUNCIL

GOVERNANCE: Brown Act COMPOSITION: Article XXVII of UTLA Contract

SCHOOL BASED MANAGEMENT GOVERNING COUNCIL

GOVERNANCE: Brown Act COMPOSITION: ESBMM/LIS: same as LSLC

PILOT GOVERNING SCHOOL COUNCIL (GSC)

GOVERNANCE: Brown Act COMPOSITION: CA Ed. Code § 52852

COUNCILS FORMED BY DISTRICT POLICY CANNOT BE COMBINED WITH COUNCILS FORMED BY THE CALIFORNIA EDUCATION CODE. ONLY THE COUNCIL COMPOSITION STRUCTURE CAN BE WAIVED.

Waiver for ESBMM/LIS

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POSSIBLE OPERATING MODELS

Ways to Organize Meetings

1.

SSC and LSLC/GSC meetings can be held on the same day right after each other; however, each meeting will require a distinct agenda, separate sign-in roster, minutes and bylaws.

2.

SSC and LSLC/GSC meetings can be held on separate days and also require distinct agendas, separate sign-in rosters, minutes and bylaws.

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ANNUAL WAIVER REQUIREMENTS AND PROCEDURES

LAUSD Memorandum 6680.2

In order to waive the Local School Leadership Council composition requirements, an autonomous model school would need to follow the waiver requirements established in Memorandum 6680.2. STEPS TO CONSIDER:

1.

Requires the endorsement of UTLA members, classified staff and parents/community members.

2.

The annual waiver form needs to be approved by the principal, UTLA, the Local District Superintendent, and the Office of Alternative Education. Note: UTLA does not favor the composition waiver, as it allows for fewer bargaining members on the LSLC.

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DOCUMENTING MEETINGS

Sign-In Roster and Meeting Minutes

 Sign-In Roster must list school name, meeting name, date, time and have a

space for name and signature.

 Minutes provide a legal record for what happens in a meeting. The headings

should mirror the items listed in an agenda, in order, and include information about content reviewed and actions taken.

 Minutes must be approved by a council in a subsequent meeting to serve as

a legal record. Minutes can be approved “with changes” or approved “as is”.

 After minutes are approved by a council, they cannot be altered unless they

are agendized at a subsequent meeting.

 Minutes from a meeting following the Brown Act must list how each

member voted on any specific action taken (GC § 54953(c)(2).

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REVIEW

Sign-in Roster and Minutes T emplate Review

 Sample

Sign-In Roster

 Sample

Minutes

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BYLAWS

Content of Bylaws

 Bylaws define the purpose of a council or committee,

including identifying requirements for membership and

• fficers, rights and responsibilities, and governance guidelines.

 The process for making changes to the bylaws and the

authority of the bylaws should be explained.

 Bylaws should be reviewed with councils at the beginning of

each year to help members understand why and how the council functions.

 Bylaws may not conflict with District, state and federal

requirements or guidelines.

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EXAMINE

Bylaws T emplate Review

 Sample Bylaws Brown Act

Template

 Sample Bylaws Greene Act

Template Highlight the headings that are similar.

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DEVELOP

Bylaws Development

 LSLC/GSC Bylaws

Develop a draft of your own bylaws for your school’s LSLC or GSC.

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CONTACT INFORMATION:

LEAH BRACKINS LEAH.BRACKINS@LAUSD.NET DIANE PANOSSIAN DPANOSSI@LAUSD.NET 213-481-3350

“The democratic process is only as great as the people who participate in it.”

• -Jeff Miller, US House of Representatives

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