Regulation – x
Adopted – 7/16/1998
When committees are appointed, committee members shall receive a written statement including, but not limited to:
1. The committee members’ names and the procedure to be used in the selection of the committee chairperson and other committee officers.
2. The specific charges of the committee, including its topic(s) for study or well- defined area(s) of activity.
3. The specific period of time that the committee is expected to serve.
4. Legal requirements regarding meeting conduct and public notifications.
5. Resources available to help the committee complete its tasks.
6. Timelines for progress reports and/or final report.
7. Relevant Governing Board policies and administrative regulations.
Advisory committee members are not vicariously liable for injuries caused by the act or omission of the district. (Government Code 820.9)
Committees Subject to Brown Act Requirements
The following citizen advisory committees shall comply with open meeting, notice and public participation requirements of law:
1. Advisory committees created by Board action
2. Advisory committees established pursuant to Education Code 56190-56194 related to special education
3. Advisory committees established pursuant to Education Code 52208 related to gifted and talented education
4. Advisory committees established pursuant to Education Code 8070 related to vocational education
Committees Not Subject to Brown Act Requirements
The following councils and advisory committees are exempted from the Brown Act and must conform with procedural meeting requirements established in Education Code 35147:
1. School site councils established pursuant to EC 52012, 52852 or 54724;
2. Any advisory committee established pursuant to Education Code 52065 or the Code of Federal Regulations, Title 34, Part 251.20 related to American Indian education;
3. Any advisory committee established pursuant to Education Code 52176 related to programs for students of limited English proficiency;
4. Any advisory committee established pursuant to Education Code 54425 related to compensatory education;
5. Any advisory committee established pursuant to Education Code 54444.2 related to migrant education programs;
6. Parent advisory committees established pursuant to Education Code 62002.5 related to economic impact aid and bilingual education;
7. 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 group’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. (Education Code 35147)
Councils or committees 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. (Education Code 35147)
Any materials provided to a school site council shall be made available to any member of the public upon request. (Education Code 35147)
The Superintendent or designee may create citizen advisory committees to advise the administration; such committees do not report to the Board and are not subject to open meeting laws.
See Policy #1220
CSBA Date – 10/94