§ 53A-1a-108.1. School community councils -- Open and public meeting requirements. (Effective 5/13/2014)

(1) A school community council established under Section 53A-1a-108:

(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.

(2) As required by Section 53A-1a-108, a local school board shall provide training for the members of a school community council on this section.

(3)

(a) A meeting of a school community council is open to the public.

(b) A school community council may not close any portion of a meeting.

(4) A school community 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.

(5)

(a) On or before October 20, a principal shall post the following information on the school website and in the school office:

(i) the proposed school community council meeting schedule for the year;

(ii) a telephone number or email address, or both, where each school community council member can be reached directly; and

(iii) a summary of the annual report required under Section 53A-16-101.5 on how the school's School LAND Trust Program money was used to enhance or improve academic excellence at the school and implement a component of the school's improvement plan.

(b)

(i) A school community council shall identify and use methods of providing the information listed in Subsection (5)(a) to a parent or guardian who does not have Internet access.

(ii) Money allocated to a school under the School LAND Trust Program created in Section 53A-16-101.5 may not be used to provide information as required by Subsection (5)(b)(i).

(6)

(a) The notice requirement of Subsection (4) may be disregarded if:

(i) because of unforeseen circumstances it is necessary for a school community council to hold an emergency meeting to consider matters of an emergency or urgent nature; and

(ii) the school community 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 school community council may not be held unless:

(i) an attempt has been made to notify all the members of the school community council; and

(ii) a majority of the members of the school community council approve the meeting.

(7)

(a) An agenda required under Subsection (4)(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 school community 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 (4).

(8)

(a) Written minutes shall be kept of a school community council meeting.

(b) Written minutes of a school community 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 school community council; and

(B) after being recognized by the chair, provided testimony or comments to the school community 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 school community 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 rules that govern and prescribe in a public meeting:

(i) parliamentary order and procedure;

(ii) ethical behavior; and

(iii) civil discourse.

(b) A school community council shall:

(i) adopt rules of order and procedure to govern a public meeting of the school community 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 school community council; and

(B) on the school's website.

Amended by Chapter 332, 2014 General Session