School Boards & Open Meeting Laws

This question came in via email:

"Can a school board hold a closed meeting?"

School boards are generally prohibited from conducting closed meetings and executive sessions under the category of law known as open meeting laws; there are, however, exceptions and each state's open meetings law dictates which meetings are open. 78 Corpus Juris Secundum Schools and School Districts §206 (2008).

These exceptions include holding closed meetings or executive sessions where the action taken in the meeting is not final People v. Board of Ed. of Dist. 170 of Lee and Ogle Counties, 353 N.E.2d 147, 149 (2d Dist. 1976); if it is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual Stephens v. Board of Educ. of School Dist. No. 5, Pierce County, Nebraska, 429 N.W.2d 722, 725 (Neb. 1988); or where the discussion relates to a matter of individual privacy and it is determined that the demands of individual privacy clearly exceed the merits of public disclosure. Sonstelie v. Board of Trustees for School Dist. No. 10, Flathead County, 658 P.2d 413, 421 (Mont. 1983).

Under certain circumstances, a meeting may also be closed to discuss strategy regarding collective bargaining, Attorney General v. School Committee of Taunton, 386 N.E.2d 1295, 1297 (Mass.App.Ct.1979) or proposed, pending, or current litigation Gosnell v. Hogan, 534 N.E.2d 434, 444 (5th Dist. 1989); or to consider and interview applicants for employment by a preliminary screening committee or a subcommittee appointed by the school board if an open meeting will have a detrimental effect in obtaining qualified applicants Gerstein v. Superintendent Search Screening Committee, 541 N.E.2d 984, 987 (Mass. 1989).

To learn more about open meeting laws in general, see the Access to Government Meetings section of the CMLP's Legal Guide.