Public Participation/Hearing of Citizens

Members of the public are encouraged to attend Board meetings and to address the Board concerning any item on the agenda or within the Board's jurisdiction. So as not to inhibit public participation, persons attending Board meetings shall not be requested to sign in, complete a questionnaire, or otherwise provide their name or other information as a condition of attending the meeting.

In order to conduct district business in an orderly and efficient manner, the Board requires that public presentations to the Board comply with the following procedures:

1. The Board shall give members of the public an opportunity to address the Board on any item of interest to the public that is within the subject matter jurisdiction of the Board, either before or during the Board's consideration of the item. (Education Code 35145.5, Government Code 54954.3)

2. At a time so designated on the agenda as "hearing of citizens", members of the public may bring before the Board at a regular meeting, matters that are not listed on the agenda and fall within the subject matter jurisdiction of the Board. The Board shall take no action or discussion on any item not appearing on the posted agenda, except as authorized by law. (Education Code 35145.5, Government Code 54954.2)

3. Prior to the start of the meeting, persons wishing to speak will, on the card provided, indicate their name, address, who they represent, and the subject matter on which they wish to speak.

If the matter pertains to an item listed on the agenda, the public will be offered the opportunity to address the Board as the agenda item is taken up, or to be heard under "hearing of citizens." If the matter is listed as an item for Board action, the Board will not take action until persons who have requested to speak have done so.

The Board and staff are not obligated to comment on, or respond to, addresses by the public. The Board may refer such a matter to the Superintendent or designee, or take it under advisement, but shall not take action at that time except as allowed by law. The matter may be place on the agenda of a subsequent meeting for action or discussion by the Board.

4. Without taking action, Board members or district staff members may briefly respond to statements made or questions posed by the public about items not appearing on the agenda. Additionally, on their own initiative or in response to questions posed by the public, a Board or staff member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities. (Government Code 54954.2)

Furthermore, the Board or a Board member may provide a reference to staff or other resources for factual information, ask staff to report back to the Board at a subsequent meeting concerning any matter, or take action directing staff to place a matter of business on a future agenda. (Government Code 54954.2)

5. The Board need not allow the public to speak on any item that has already been considered by a committee composed exclusively of Board members at a public meeting where the public had the opportunity to address the committee on that item. However, if the Board determines that the item has been substantially changed since the committee heard the item, the Board shall provide an opportunity for the public to speak. (Government Code 54954.3)

(cf. 9130 - Board Committees)

6. A person wishing to be heard by the Board shall first be recognized by the president and shall then proceed to comment as briefly as the subject permits. Comments must be addressed to the Board as a whole and not to individual members or district employees.

Individual speakers shall be allowed three minutes to address the Board on each agenda or nonagenda item. The Board shall limit the total time for public input on each item to 15 minutes. With Board consent, the president may increase or decrease the time allowed for public presentation, depending on the topic and the number of persons wishing to be heard. The president may take a poll of speakers for or against a particular issue and may ask that additional persons speak only if they have something new to add.

7. The Board president may rule on the appropriateness of a topic. If the topic would be more suitably addressed at a later time, the president may indicate the time and place when it should be presented.

8. The Board believes that the quality of the educational program can improve when the district listens to complaints, considers differences of opinions, and resolves disagreements through an established, objective process.

9. The Board encourages complainants to resolve problems early and informally whenever possible. If a problem remains unresolved, the individual should submit a formal complaint as early as possible in accordance with appropriate district procedures, which are readily accessible to the public.

10. The Board shall not prohibit public criticism during the Open Session of the Board meetings of the district, its schools, policies, procedures, programs, or services.

11. Whenever a member of the public initiates specific complaints or charges against, a school, district polices, practices, or programs, the Board President shall encourage the complainant to place their complaint in writing to allow district and school site personnel the opportunity to investigate and respond.

12. It is the policy of the Board to hear appeal(s) and receive specific complaint(s) in Closed Session.

13. Requests by a parent/guardian to appeal a decision(s) regarding district policies, practices, or programs as it relates to an individual student will be heard by the Board in Closed Session. No information shall be released in violation of student privacy rights provided in law.

14. The request for an appeal hearing or presentation of a complaint or charge must be made in writing, addressed to the Board, and delivered to the office of the district Superintendent at 5801 Sundale Avenue, Bakersfield, California, 93309, not later than 4:00 p.m. on the 6th business day prior to the meeting.

15. The Board, if it deems advisable, may allow the person signing the statement to appear before the Board in a closed meeting and to present orally the appeal, charge or complaint.

16. The hearing shall be solely on the issue raised by the complaint and the response.

17. The Board will review and investigate the charge or complaint and will respond, or direct a representative to respond in writing, to the person who submitted the written statement and to the respondent.

18. The decision to require that a complaint be presented in accordance with Board policy rests with the administration, or, if the complaint is against the district Superintendent, with the Board. Failure to follow this procedure or to require that this procedure be utilized shall not invalidate in whole or in part any action taken by the administration or the Board with respect to any complaint against a school, office, or employee, so long as the requirements of statute and due process are adhered to.^[5]