School community councils -- Open and public meeting requirements.

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  • (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.
  • (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.
  • (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.




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