Summary Guide on Requirements for Public Hearings (K-12)

In 1958 the Brown Act (Government Code sections 54950 et seq.) was adopted by the legislature to ensure that the local governing bodies within California operate openly and transparently to the public

LEGAL UPDATE

December 9, 2016

To:  Superintendents, Member School Districts (K-12)

From: Carl D. Corbin, General Counsel

Subject: Summary Guide on Requirements for Public Hearings

Memo No. 42-2016


In 1958 the Brown Act (Government Code sections 54950 et seq.) was adopted by the legislature to ensure that the local governing bodies within California operate openly and transparently to the public.  

As elected bodies, school boards (such as those for school districts, community college districts, and county office of education) are subject to the Act and must comply with certain notice and public meeting requirements.  In addition, certain provisions in the California Constitution, the Education Code, the Government Code, the California Code of Civil Procedure, and the California Public Resource Code add special notice and meeting requirements before governing bodies may act on certain matters.  The legislature constantly amends, adds, and repeals code sections related to notice and public meeting requirements.  The attached chart is an updated guide to help understand what is currently required to comply with the specialized sections of these codes.  

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The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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