§ 53G-7-1203 — School community councils -- Open and public meeting requirements.

(1) As used in this section:

(1)(a) (1)(a)(i) "Charter trust land council" means a council established by a charter school governing board under Section 53G-7-1205.
(1)(a)(ii) "Charter trust land council" does not include a charter school governing board acting as a charter trust land council.
(1)(b) "Council" means a school community council or a charter trust land council.
(1)(c) "School community council" means a council established at a school within a school district under Section 53G-7-1202.
(1)(d) "Teacher and student success plan" means the same as that term is defined in Section 53G-7-1301.
(2) A school community council or a charter trust land council:

(2)(a) shall conduct deliberations and take action openly as provided in this section; and
(2)(b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
(3) (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.
(3)(b) A charter school governing board shall provide training for the members of a charter trust land council on this section.
(4) (4)(a) A meeting of a council is open to the public.
(4)(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:

(5)(a) a notice of the meeting, time, and place;
(5)(b) an agenda for the meeting; and
(5)(c) the minutes of the previous meeting.
(6) (6)(a) The notice requirement of Subsection (5) may be disregarded if:
(6)(a)(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
(6)(a)(ii) the council gives the best notice practicable of:

(6)(a)(ii)(A) the time and place of the emergency meeting; and
(6)(a)(ii)(B) the topics to be considered at the emergency meeting.
(6)(b) An emergency meeting of a council may not be held unless:
(6)(b)(i) an attempt has been made to notify all the members of the council; and
(6)(b)(ii) a majority of the members of the council approve the meeting.
(7) (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.
(7)(b) Each topic described in Subsection (7)(a) shall be listed under an agenda item on the meeting agenda.
(7)(c) A council may not take final action on a topic in a meeting unless the topic is:
(7)(c)(i) listed under an agenda item as required by Subsection (7)(b); and
(7)(c)(ii) included with the advance public notice required by Subsection (5).
(8) (8)(a) Written minutes shall be kept of a council meeting.
(8)(b) Written minutes of a council meeting shall include:
(8)(b)(i) the date, time, and place of the meeting;
(8)(b)(ii) the names of members present and absent;
(8)(b)(iii) a brief statement of the matters proposed, discussed, or decided;
(8)(b)(iv) a record, by individual member, of each vote taken;
(8)(b)(v) the name of each person who:

(8)(b)(v)(A) is not a member of the council; and
(8)(b)(v)(B) after being recognized by the chair, provided testimony or comments to the council;
(8)(b)(vi) the substance, in brief, of the testimony or comments provided by the public under Subsection (8)(b)(v); and
(8)(b)(vii) any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes.
(8)(c) The written minutes of a council meeting:
(8)(c)(i) are a public record under Title 63G, Chapter 2, Government Records Access and Management Act; and
(8)(c)(ii) shall be retained for three years.
(9) (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:
(9)(a)(i) parliamentary order and procedure;
(9)(a)(ii) ethical behavior; and
(9)(a)(iii) civil discourse.
(9)(b) A council shall:
(9)(b)(i) adopt rules of order and procedure to govern a public meeting of the council;
(9)(b)(ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (9)(b)(i); and
(9)(b)(iii) make the rules of order and procedure described in Subsection (9)(b)(i) available to the public:

(9)(b)(iii)(A) at each public meeting of the council; and
(9)(b)(iii)(B) on the school's website.

Legislative History

Amended by Chapter 144, 2021 General Session