Open meeting laws (sometimes referred to as “sunshine laws”) vary slightly from state to state. In general, because charter schools are public schools, and because the board of trustees are technically public officials and the board of a governmental body, they must comply with their state’s Open Meeting Law. Typically, the law requires boards to hold open discussions regarding their actions (unless a specific exemption permits an executive session), inform the public of all meetings times, and keep accurate records of the proceedings.
Most charter school boards are unclear about how to comply with the Open Meetings Law. The most important thing is to understand the intent of the law but not to be paralyzed from doing good work because of it. Remember that your board’s composition is constantly changing, and people need periodic training and orientation around the Open Meetings Act. Specific technical questions should be addressed to your school’s legal counsel, but to get you going in the right direction, here are some general steps towards complying with the Open Meetings Law:
- Make sure that every board member and your CEO has a copy of the applicable Open Meeting Law.
- Include a discussion of compliance with the Open Meeting Law as part of your new board member orientation.
- Annually provide the full board with a refresher on the Open Meeting Law, and ask the organization's legal counsel for guidance with specific questions.
- Annually, ask the organization’s legal counsel to review your procedures for complying with the Open Meeting Law. This review should include reviewing the board minutes, procedures for posting your meetings, and meeting protocols.
Again, remember the spirit of the law is that the public sees the board doing its work in public. Don’t let that stop you from having open, honest and difficult conversations. Let the public hear the tough questions you are asking and see the hard choices you are making as a charter school board.
The more everyone understands what it takes to deliver exceptional public education, the better off we all will be. Observing a public charter school board in action is an excellent way to educate interested members of the public.
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