Documents › Board of Education, 2026-01-08

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Also attached to this agenda item: Policy 1050--Annual District Election and Budget Vote... Policy 2120.2--Voting Procedures FOR FIRST READING... Policy 2210--Board Organizational Meeting FOR FIRST... Policy 5420.1--Concussion Management FOR FIRST READING 1-8-26

1230 PUBLIC COMMENT AT BOARD MEETINGS The Board of Education recognizes its responsibility to hear and respond to public comment and therefore encourages public comment at Board meetings. The Board, as a representative body of the district, wishes to enable any person to express an interest in the schools. There will be a specific agenda item at each regular Board business meeting to provide an opportunity to address the Board. A reasonable period of time shall be set aside during each regular Board business meeting during which the taxpayers, community members, school personnel, students and other individuals may openly express themselves directly to the Board. Persons wishing to speak should first be recognized by the President, then identify themselves by name, any organization they may be representing at the meeting and the topic they wish to discuss. Comments should be as brief as possible. Unless permitted to do so by the President, no speaker will be permitted to speak for longer than three minutes. Speakers may comment on (1) any matter related to district business or (2) any agenda item. Any group or organization wishing to address the Board in its organizational capacity must identify a single spokesperson; however, any individual who is a member of a group or organization may separately address the Board in their individual capacity, even if they identify themselves as a member of or affiliated with an organization. The Board will not permit in public session discussion involving or naming individual district personnel or students. Persons who desire to discuss matters involving individual district personnel or students should present their comments and/or concerns directly to the Superintendent. All speakers and observers/audience members are to conduct themselves in a civil manner. Obscene language, defamatory statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated. Persons making comments at a Board meeting will address remarks to the full Board and may direct questions or comments to Board members or other district officials only upon the approval of the President. Board members and the Superintendent shall have the privilege of asking questions of any person who addresses the Board, but neither the Board or any member will engage in discussion with the person engaged in public comments. However, the President may correct comments that are not accurate and may refer to an existing policy in response to a question or comment. Questions and comments from the public concerning matters that are not on the agenda will be taken under consideration and referred to the Superintendent for appropriate action. Persons wishing to request that a matter be included on a Board agenda must contact the Superintendent or a Board Officer to make such request, in accordance with Policy 2342, Agenda Preparation and Dissemination. Deleted: Presentation Moved (insertion) [1] Deleted: should be kept as brief as possible and relate to schoo Moved up [1]: Presentation should be as brief as possible. Unless permitted to do so by the President, no speaker will be permitted to speak for longer than three minutes. Speakers may comment on (1) any matter related to district business or (2) any agenda item.¶ Deleted: wishing Deleted: during regular business hours Deleted: President Deleted: which Deleted: have matters Deleted: the Deleted: shall The President is responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and suitability of the time for such a presentation. The Board as a whole shall have the final decision in determining the appropriateness of all such rulings. Ref: Appeal of Kushner, 49 EDR 263 (2010) (boards not required to allow the public to speak) Appeal of Wittneben, 31 EDR 375 (1992) (boards encouraged to permit citizens to speak) Matter of Kramer, 72 St. Dept. Rep. 114 (1951) (boards may put time limits on public speaking) NYS Department of State, Committee on Open Government, Advisory Opinions OML- AO-#2696 (Jan. 8, 1997), OML-AO-#2717 (Feb. 27, 1997), OML-AO-#3295 (Apr. 16, 2001), OML-AO-#3518 (Aug. 30, 2002), OML-AO-#4141 (Feb. 24, 2006), OML-AO- #4044 (Sept. 30, 2005), OML-AO-#4292 (Dec. 6, 2006) Cross-ref: 2010, Civility 2342, Agenda Preparation and Dissemination Adoption date: November 14, 1994 Revised: June 2, 2022 (previously Public Participation at Board Meetings) _______________ FOR FIRST READING 1-8-26 [RECOMMENDED REVISIONS SHOWN IN TRACK CHANGES] Commented [NH1]: In Appeal of Wittneben, the Commissioner used the word “citizens” (emphasis added): “At special meetings of the board held on November 18 and 19, 1991, respondent did not permit members of the public to address the board. Petitioner contends that respondent's failure to permit public participation at those meetings violated board policy. The record indicates that board policy no. 2202, adopted on June 26, 1984, permits the board to limit or exclude public discussion at a board meeting. There is no statutory mandate that requires a board to permit public input at its meetings (Matter of Thomas, et al., 10 Ed Dept Rep 108; Matter of Zarrilli, 5 id. 212; Matter of Kramer, 72 St Dept Rep 114; 72 Op St Compt 114). Education Law '1708(3) merely provides that meetings of a board of education "shall be open to the public"; however, it does not confer a right upon a member of the public to speak at such meetings without the consent of the board. Accordingly, respondent's actions contravened neither its own policy nor statute. However, in Matter of Kramer, supra, the Commissioner of Education discussed the matter of public participation at school board meetings. He held: It will be noted that in accordance with the provisions of the aforesaid statute [Education Law '1708(3)] all board meetings must be open to the public. There is nothing, however, in the statute that prescribes the procedure to be followed at such meetings, leaving the same to the bylaws of the board of education. There is no requirement that the board conduct a hearing upon any particular subject or grant to any person the right to be heard. The board, of course, represents the school district and, in my judgment, wherever possible should listen to a presentation on the part of the responsible citizens upon any matter under consideration. (emphasis supplied) Accordingly, I urge respondent to, whenever appropriate, permit public input at its meetings.”