Imminent Changes to Public Meeting Agenda Posting Requirements

By Megan E. Bomba

June 29, 2021

Pennsylvania Senate Bill 554, laid on Governor Wolf’s desk yesterday to be signed, would require school districts to give more public notice for agency business occurring in open meetings.

The bill, which was passed in the Senate 49-0, mandates that agencies must make available a detailed agenda no later than 24 hours in advance of the time of the start of the meeting. The agenda must also be posted at the location of the meeting and the agency’s office. The agency may not take official action on a matter of agency business if it is not included in the agenda posted for the particular meeting.

A few exceptions for notification of agency business are mentioned in the bill:

• If the business is considered emergent, specifically involving clear and present danger, the agency may act in an emergency meeting or as part of the public meeting despite not being included in the agenda.
• If business that arises within the 24 hours of the meeting after the agenda is posted or is considered minor in nature and does not involve funding or contractual agreements.
• If a matter arises during the meeting, the agency may refer the matter to a staff member to be added to a future agenda, or the agency may act on a minor matter if desired.

If changes to the agenda must be made in the 24-hour period before a meeting:

• The reason for the change must be announced at the meeting prior to voting for the change.
• The change must be approved by vote of the individuals present for the meeting.
• The amended agenda should be posted on the agency website and the agency office no later than one business day following the meeting where the agenda was changed.

All of these mandates laid out in the bill strictly apply to the public meetings, not executive sessions. For executive sessions, any amended agenda items must be reflected in the meeting minutes, including the substance of the matter added, the vote on the addition and the reasons for the addition.

As applied to school districts, each district must ensure that board meeting agendas are placed on the website, at the meeting location and the district office. The agenda must be placed on the website 24 hours before a board meeting is scheduled to begin. In addition, copies of the agenda should be made available to individuals who attend the meeting. The school board and administration must follow the practices laid out in the bill for emergent business and agenda changes.

Should you have any questions about SB 554, or any other issue impacting schools, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education group.