Effective 5/5/2021
53G-7-1203. School community councils — Open and public meeting requirements.
53G-7-1203. School community councils — Open and public meeting requirements.
- (1) As used in this section:
- (a)
- (i) “Charter trust land council” means a council established by a charter school governing board under Section 53G-7-1205.
- (ii) “Charter trust land council” does not include a charter school governing board acting as a charter trust land council.
- (b) “Council” means a school community council or a charter trust land council.
- (c) “School community council” means a council established at a school within a school district under Section 53G-7-1202.
- (d) “Teacher and student success plan” means the same as that term is defined in Section 53G-7-1301.
- (a)
- (2) A school community council or a charter trust land council:
- (a) shall conduct deliberations and take action openly as provided in this section; and
- (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
- (3)
- (a) As required by Section 53G-7-1202, a local school board shall provide training for the members of a school community council on this section.
- (b) A charter school governing board shall provide training for the members of a charter trust land council on this section.
- (4)
- (a) A meeting of a council is open to the public.
- (b) A council may not close any portion of a meeting.
- (5) A council shall, at least one week prior to a meeting, post the following information on the school’s website:
- (a) a notice of the meeting, time, and place;
- (b) an agenda for the meeting; and
- (c) the minutes of the previous meeting.
- (6)
- (a) The notice requirement of Subsection (5) may be disregarded if:
- (i) because of unforeseen circumstances it is necessary for a council to hold an emergency meeting to consider matters of an emergency or urgent nature; and
- (ii) the council gives the best notice practicable of:
- (A) the time and place of the emergency meeting; and
- (B) the topics to be considered at the emergency meeting.
- (b) An emergency meeting of a council may not be held unless:
- (i) an attempt has been made to notify all the members of the council; and
- (ii) a majority of the members of the council approve the meeting.
- (a) The notice requirement of Subsection (5) may be disregarded if:
- (7)
- (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting.
- (b) Each topic described in Subsection (7)(a) shall be listed under an agenda item on the meeting agenda.
- (c) A council may not take final action on a topic in a meeting unless the topic is:
- (i) listed under an agenda item as required by Subsection (7)(b); and
- (ii) included with the advance public notice required by Subsection (5).
- (8)
- (a) Written minutes shall be kept of a council meeting.
- (b) Written minutes of a council meeting shall include:
- (i) the date, time, and place of the meeting;
- (ii) the names of members present and absent;
- (iii) a brief statement of the matters proposed, discussed, or decided;
- (iv) a record, by individual member, of each vote taken;
- (v) the name of each person who:
- (A) is not a member of the council; and
- (B) after being recognized by the chair, provided testimony or comments to the council;
- (vi) the substance, in brief, of the testimony or comments provided by the public under Subsection (8)(b)(v); and
- (vii) any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes.
- (c) The written minutes of a council meeting:
- (i) are a public record under Title 63G, Chapter 2, Government Records Access and Management Act; and
- (ii) shall be retained for three years.
- (9)
- (a) As used in this Subsection (9), “rules of order and procedure” means a set of policies that govern and prescribe in a public meeting:
- (i) parliamentary order and procedure;
- (ii) ethical behavior; and
- (iii) civil discourse.
- (b) A council shall:
- (i) adopt rules of order and procedure to govern a public meeting of the council;
- (ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (9)(b)(i); and
- (iii) make the rules of order and procedure described in Subsection (9)(b)(i) available to the public:
- (A) at each public meeting of the council; and
- (B) on the school’s website.
- (a) As used in this Subsection (9), “rules of order and procedure” means a set of policies that govern and prescribe in a public meeting:
Amended by Chapter 144, 2021 General Session