HB989: HB989 Education; public comment periods during meetings of local boards of education; provide

26 LC 49 2433 House Bill 989 By: Representatives Wilkerson of the 38 th, McQueen of the 61 st, Adesanya of the 43 rd, Williams of the 37th, Ridley of the 22nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to local boards of education, so as to provide for pub lic comment periods during2 meetings of local boards of education; to provide for public broadcasts of such meetings and3 public comment periods; to require local boards of education to record or broadcast public4 comment periods in the same manner and to the same extent as the remainder of the public5 portions of meetings; to provide for notice; to provide for limitations; to provide for agenda;6 to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local10 boards of education, is amended by revising Code Section 20-2-5 8, relating to regular11 monthly meeting of local boards with public comment, adjournmen t, temporary presiding12 officer, notice of date, template for financial review, and open meetings, as follows:13 H. B. 989 - 1 - 26 LC 49 2433 "20-2-58.14 (a) It shall be the duty of each local board of education to hold a regular meeting during15 each calendar month for the transaction of business pertaining to the public schools and to16 review the financial status of the local school system. The local board of education shall17 provide a public comment period during such regular monthly mee tings. Such public18 comment period shall be included on the agenda required to be made available and posted19 prior to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1. 20 A local board of education shall not require notice by an indiv idual more than 24 hours21 prior to the meeting as a condition of addressing the local boa rd during such public22 comment period. The chairperson of the local board of education shall have the discretion23 to limit the length of time for individual comments and the number of individuals speaking24 for or against a specific issue. Any such regular monthly meeting may be adjourned from25 time to time, and, in the absence of the president or secretary , the members of the local26 board may appoint one of their own number to serve temporarily. The local board of27 education shall annually determine the dates of its regular monthly meet ings and shall28 publish such dates either in the official county organ or, at the option of the local board of29 education, in a newspaper having a general circulation in said county at least equal to that30 of the official county organ for two consecutive weeks following the setting of the dates;31 provided, however, that the dates shall not be changed more often than once in 12 months32 and, if changed, the new date or dates shall also be published as provided in this Code33 section. The local board of education shall also publish notic e of such regular monthly34 meetings in a prominent manner on its principal public website.35 (b) The State Board of Education shall create a template for local boards of education to36 use to review the financial status of their local school system s, which shall include, at a37 minimum, a statement of revenues, expenditures, and encumbrances.38 (c)(1) Except as otherwise provided by law, including, but not limited to, the provisions39 of subsection (b) of Code Section 50-14-3, all meetings of a lo cal board of education,40 H. B. 989 - 2 - 26 LC 49 2433 including, but not limited to, regular monthly meetings provided for in subsection (a) of41 this Code section, shall be open to the public. The local board of education shall publish42 notice of each such public meeting in a prominent manner on its principal public website.43 (2) Visual and sound recording and broadcasting, including, bu t not limited to44 webcasting, shall be permitted at all such public meetings of the local board of education,45 including, but not limited to, during public comment periods; provided, however, that any46 person engaged in such recording or broadcasting who causes an actual disruption of the47 proceedings, as determined according to the rules of conduct fo r meetings open to the48 public adopted and published by the local board of education, may be removed from such49 meeting as provided for in paragraph (5) of this subsection.50 (3)(A) The local board of education shall provide a public comment period during all51 regular monthly meetings provided for in subsection (a) of this Code section. The local52 board of education may provide a public comment period during any other meeting of53 the local board of education.54 (B) Any public comment period provided for in this subsection shall be recorded or55 broadcast by the local board of education in the same manner and to the same extent as56 the remainder of the public portions of the meeting are recorded or broadcast.57 (C) A local board of education shall not require notice by an individual more than 2458 hours prior to any meeting as a condition of addressing the loc al board during such59 public comment period. 60 (D) The chairperson of the local board of education shall have the discretion to limit61 the length of time for individual comments and the number of individuals speaking for62 or against a specific issue during any public comment period pr ovided for in this63 subsection.64 (E) Public comment periods for regular monthly meetings shall be included on the65 agenda for each regular monthly meeting required to be made available and posted prior66 to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1.67 H. B. 989 - 3 - 26 LC 49 2433 (4) By October 1, 2022, and by August 1 each year thereafter, eac h local board of68 education shall adopt rules of conduct for public meetings of the local board of education69 and shall publish such rules of conduct in a prominent manner o n its principal public70 website. Such rules shall include provisions for the removal o f members of the public71 persons for actual disruption of a public meeting of the local board of education.72 (4)(5) A member of the public person may be removed from a public meeting of a local73 board of education for an actual disruption of the proceedings, as determined according74 to the rules of conduct for meetings open to the public adopted and published by the local75 board of education.76 (5)(6) Nothing in this subsection shall be construed to limit the au thority of any law77 enforcement officer or the application or enforcement of Chapter 14 of Title 50."78 SECTION 2.79 All laws and parts of laws in conflict with this Act are repealed.80 H. B. 989 - 4 -