School Law: Strategies to navigate controversial board meetings

James P. Evans | Barclay Damon LLP

[email protected] | (315) 425-2827

Mr. Evans is a Partner with Barclay Damon LLP. He represents public school districts and private educational organizations, and several charter schools. He has also represented post-secondary institutions relative to accreditation matters and litigation. Mr. Evans has represented educational institutions in both Michigan and New York over the past 30 years, providing them with advice and representation concerning the full gambit of legal issues that confront schools, including labor and employment, discrimination and harassment claims, student rights, student discipline, educating the student with disabilities, constitutional law, public finance, board governance, and risk management. Mr. Evans received his juris doctorate degree, cum laude, from Syracuse University College of Law in 1991. He received his undergraduate degree from the State University of New York in 1983. Mr. Evans served in the United States Marine Corps. from 1983 until 1993, attaining the rank of Captain and having received the Combat Action Ribbon, Navy Commendation Medal with Combat Distinguishing Device, and Southwest Asia Service Medal. He is located in Barclay Damon’s Syracuse office.

I. Controversial School Board Framework | 11:00am – 11:15am

• When We Can Encounter the Controversial Board Meeting
• Related Issues
  • Open Meetings Laws
  • Open Records Laws
  • Board Policies
  • Confidentiality Laws
• Considerations for such meetings
  • Accommodating Public
    • Adequate Facilities
      • Fire Codes, etc.
    • Notice of Meeting
  • Public Participation in Meeting
  • Recording Meeting
  • Safety Considerations
  • Maintaining Order

II. Open Meetings Laws | 11:15am – 11:30am

• Notice
• Quorum Requirements
• Public Right to Observe – Not Participate
• Avoiding Violations
  • Improper Meetings – in-person, electronic or telephonic
  • Opening in Executive Session

III. Free Speech Considerations | 11:30am – 11:45am

• Extent of Public Right to Speak
• Counter-Balancing Right to Speech with Decorum and Maintaining Order
• Ability to Limit Public Speech/Participation

IV. Dealing with Disruptive Behavior, Defamation, and Hate Speech: Legal best practices | 11:45am – 12:00pm

• Effective Board Policies for Governing Behavior
• Curtailing Disruptive/Unacceptable Behavior in the Meeting
• Legal Considerations Relative to Defamation and Hate Speech

Break | 12:00pm – 12:10pm

V. Recording Board Meetings | 12:10pm – 12:25pm

• Board’s Recording of Meetings
• Public’s Right to Record Meetings
• Ability to Limit the Use of Board Meeting Recordings

VI. Maintaining Board Discipline During the Controversial Meeting | 12:25pm – 12:40pm

• Avoiding Improper Disclosure of Confidential Information by Board Members
• Avoiding Inflammatory Board Member Conduct
• Imposing Board Member Discipline

VII. Decision-Making Procedures | 12:40pm – 12:55pm

• Best Practices and Legal Requirements for Board Decision-Making
• Are There Permissible Modifications for Controversial Board Meetings?

VIII. Best Practices for Developing and Maintaining Effective Board Policies | 12:55pm – 1:10pm