School Boards Can’t Take Advantage of Looser Rules on Open Government

Although city councils and other elected bodies now have state permission to be less transparent, school boards do not.

It’s been widely reported that a last-minute addition to the state’s 2012-13 budget allows cities and counties to skip Brown Act requirements that they post meeting agendas 72 hours in advance. In addition, the new rules allow local boards and councils to forgo publicly disclosing actions taken during closed-session meetings.

However, public school boards and governing bodies of community college districts do not have that option.  

“Obligations under the Brown Act remain fully in effect for school districts and colleges,” according to School Services of California, a consultant hired by school districts throughout the state. “Open meeting and ‘sunshine’ requirements come not only from the Brown Act but also from the Education Code, the California Constitution, board policy and other sources.”

At Wednesday’s school board meeting in the Capistrano Unified School District in south Orange County, for example, Trustee John Alpay noted that the board’s own policy requires the district to follow the Brown Act.

“All agendas must be posted at least 72 hours prior to a meeting occurring so, regardless of what the law may be, board policy does dictate 72 hours,” he said.

The Legislature gave cities, counties, water boards and other public agencies the ability to opt out of the Brown Act’s requirements because the state no longer reimburses those agencies for the additional costs associated with posting the agendas.

In California, state mandates placed on local jurisdictions must be funded by the state. With Brown Act subsidies running nearly $100 million a year by some estimates, the state decided to suspend the mandates.

Nevertheless, most local agencies in San Diego County, including the Board of Supervisors and the La Mesa and San Diego city councils, original rules of the Brown Act.

Unlike those agencies, school districts still have the ability to seek reimbursement, according to School Services.