School-Based Decision Making (SBDM)
Requirements for Open Meetings
The following information on Open Meetings must be followed for both School-Based Decision Making Councils and Council-assigned committees.
The School-Based Decision Making Council is the governing body of the local school. Because of this, School Councils and all Council-assigned committees are responsible to Open Meetings and Open Records requirements as specified in KRS 61.805 through KRS 61.878.
All School Council and Council-assigned committees (ad hoc and standing) are Open Meetings and must adhere to all Open-Meeting requirements. The following are requirements for Open Meetings:
- Determine agenda and times for meetings.
- Make available to the public the times and locations for all regularly called Council and Special-Called Council meetings. It is not necessary to send notification to the media for regularly called meetings each month. This requirement can be fulfilled once a year by completing the appropriate form.
- A quorum of the Council shall discuss business of the Council only at regularly called or special-called Council meetings. Voting of the Council must take place in an Open Meeting where the voting process and results are visible. There can be no secret ballot votes of the SBDM Council.
- Special meetings may be called by the chairperson or a majority of the other Council members. Written notification for special-called meetings must be made to media organizations and Council members at least 24 hours in advance of the meeting. A written notice shall be posted in a conspicuous place within the school 24 hours in advance of the meeting. Agendas may not be added to in a special-called meeting.
Exemptions to the Open-Meetings requirements
- When proposed or pending litigation against or on behalf of the School Council is being discussed.
- When discussions or hearings might lead to the appointment of personnel. This does not include when a Council is determining how many personnel will need to be on the staff. It does include the reviewing of written materials and/or interviews or discussions of particular candidates for a position.
Procedures for conducting a Closed Session
A Closed Session may be conducted when discussion will be focused on one of the above exemptions to Open Meetings.
- In the Open Meeting, the notice and rationale for going into Closed Session must be announced.
- A motion must be made and approved (through voting or consensus) to reconvene in the Closed Session.
- No final action may be taken in Closed Session. The topic may be discussed thoroughly, and an informal vote may be taken to determine Council members' positions.
- In Closed Session, no subject may be discussed other than the one(s) publicly announced prior to convening the session.
- The final action must be taken during the Open-Meeting. That motion and action must then be recorded in the minutes and made available to the public.
- Any minutes taken during the Closed Session may be kept confidential.
Example
The following is an example of a dialogue when a Council is going into Closed Session:
- “At this time, the Sample School School-Based Decision Making Council will go into a Closed Session for the purpose of consulting with the principal on the hiring of the plant operator.”
- In the Closed Session the Council will decide whether or not to reconvene in Closed Session. “A motion is made for the Sample School SBDM Council to reconvene in Closed Session for the purpose of consulting on the hiring of the plant operator.” Through either a vote or consensus (depending on the local school bylaws) the Council will determine if it is necessary to reconvene in Closed Session.
- The Council discusses only the issue related to the purpose of going into Closed Session, in this case, consulting with the principal on the hiring of the plant operator.
- After thoroughly discussing the issue, the chairperson may informally “poll” Council members to determine if the issue needs further discussion or if a decision can be reached in Open Session.
- Once the Council is confident a decision can be reached, the Council must return to Open Session for the actual motion and the decision to be reached. In this case, “A motion is made to recommend that John Doe be hired as the plant operator at Sample School.” At this time, the Council will either vote or reach consensus on the issue (once again, according to the local school bylaws).
- Minutes of this scenario also must be recorded as part of the Open-Records requirements (KRS 61.870, for more information on this, see the Open-Records Section).
An Example of How the Open-Records Might Look:
- A special-called meeting of the Sample School SBDM Council was called to order on October 5, 1998, at 5:30 p.m. for the purpose of consultation by the principal with the Council on the hiring of the plant operator. In attendance were: (list all members of the SBDM Council who were present at the meeting. You also may want to have a list of all others in attendance who are not Council members).
- At 5:35 p.m., the Council voted to go into Closed Session for the purpose of consulting with the principal on the hiring of the plant operator.
- At 5:40 p.m., the Sample School SBDM Council reconvened in Closed Session to discuss the hiring of the plant operator.
- In an Open Session at 6:10 p.m., a motion was made by an SBDM Council member to recommend Joe Doe to the principal for the position of plant operator.
- Consensus was reached by the SBDM Council to recommend Joe Doe to the principal for the position of plant operator.
- The special-called meeting of the Sample School SBDM Council was adjourned at 6:20 p.m.
Note: Remember that the Council consults with the principal on the hiring of personnel other than the principal. It is the principal's responsibility to evaluate the recommendation and to determine if this is the best person for the position.
Last update: 2/20/2004 4:01:46 PM  Printer friendly view
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