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BP 1220

Citizen Advisory Committees

Section:
1000 - Community Relations
Status:
Active
Adopted:
2021-09-09
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BP 1220 — Citizen Advisory Committees

Section: 1000 - Community Relations
Status: Active

Adopted: 2021-09-09

Policy text

CITIZEN ADVISORY COMMITTEES

Committee Charge

When committees are appointed, committee members may receive written information which may include, but is not limited to:​

  1. The committee members’ names
  2. The procedure to be used in the selection of the committee chairperson and other committee officers
  3. The name(s) and contact information of staff member(s) assigned to support the work of the committee
  4. The goals and specific charge(s) of the committee, including its topic(s) for study
  5. The specific period of time that the committee is expected to serve
  6. Legal requirements regarding meeting conduct and public notifications
  7. Resources available to help the committee perform its tasks
  8. Timelines for progress reports and/or final report
  9. Relevant Board policies and administrative regulations

Committees Subject to Brown Act Requirements

Brown Act requirements pertaining to open meetings, notices, and public participation pursuant to Government Code 54950-54963 shall be complied with by any committee created by formal action of the Governing Board, including, but not limited to, the following:

  1. Advisory committee established pursuant to Education Code 56190-56194 related to special education
  2. Advisory committee established pursuant to Education Code 8070 related to career technical education
  3. Committee established to assist in development of a student wellness policy pursuant to 42 USC 1758b
  4. Committee established pursuant to Education Code 17387-17391 related to the use or disposition of excess real property
  5. Citizens’ oversight committee established to examine the expenditure of general obligation bond or school facilities improvement bond revenues passed with a 55 percent majority of the voters pursuant to Education Code 15278 and 15359.3

Committees Not Subject to Brown Act Requirements

The following committees shall comply with procedural meeting requirements established in Education Code 35147:

  1. Parent advisory committee and English learner parent advisory committee established pursuant to Education Code 52063 to review and comment on the local control and accountability plan
  2. School site councils established pursuant to Education Code 65000-65001 to develop and approve a school plan for student achievement
  3. District or school advisory committees established pursuant to Education Code 52176 related to programs for English learners
  4. School advisory committees established pursuant to Education Code 54425(b) related to compensatory education
  5. Any district advisory committee established pursuant to Education Code 54444.2 related to migrant education programs
  6. School committees established pursuant to Education Code 11503 related to parent involvement

Meetings of the above councils or committees shall be open to the public, and any member of the public shall have the opportunity to address the council or committee during the meeting on any item within its jurisdiction. Notice of the meeting shall be posted at the school site or other appropriate accessible location at least 72 hours before the meeting, specifying the date, time, and location of the meeting and containing an agenda that describes each item of business to be discussed or acted upon.  (Education Code 35147)

The above councils or committees shall not take action on any item not listed on the agenda unless all members present unanimously find that there is a need to take immediate action and that this need came to the council’s or committee’s attention after the agenda was posted. In addition to addressing items on the agenda, members of the council, committee, or public may ask questions or make brief statements that do not have a significant effect on district students or employees or that can be resolved solely by providing information.  

Any council or committee violating the above procedural requirements must, at the demand of any person, reconsider the item at the next meeting, first allowing for public input on the item.  

Any materials provided to a council or committee shall be made available to any member of the public upon request pursuant to the California Public Records Act, Government Code 6250-6270. 

Committees Created by Superintendent

Committees which are created by the Superintendent or designee to advise the administration, do not report to the Board, and are not specified in Education Code 35147 shall not be subject to the requirements of the Brown Act or Education Code 35147.

EDUCATION CODE

11503 Parent involvement programs in Title I schools

15278-15282 Citizens’ oversight committee

15359.3 School facilities improvement districts

17387-17391 Advisory committees for use of excess school facilities

35147 Open meeting laws exceptions

44032 Travel expense payment

52060 Local Control and Accountability Plan

52063 Local Control and Accountability Plan

52176 Advisory committees, limited-English proficient students program

54425 Advisory committees, compensatory education

54444.1-54444.2 Parent advisory councils, services to migrant children

56190-56194 Community advisory committee, special education

62002.5 Continuation of advisory committee after program sunsets

64001 School plan for student achievement, consolidated application programs

65000-65001 School site councils

8070 Career technical education advisory committee

GOVERNMENT CODE

54950-54963 The Ralph M. Brown Act

6250-6270 California Public Records Act

810.2 Tort claims act, definition employee

810.4 Tort claims act, definition employment

815.2 Injuries by employees within scope of employment

820.9 Member of local public boards not vicariously liable

FEDERAL

42 USC 1758b Local wellness policy

COURT DECISION

A.M. v. Albertsons, LLC, (2009) Cal.App.4th 455