Electronic Participation in School Board Meetings FAQ

This FAQ is intended to provide guidance on conducting virtual school board meetings. This FAQ is for informational purposes only and does not constitute legal advice. Specific questions should be referred to the school district’s legal counsel.

Q: Is electronic participation in school board meetings permitted? 

A: Yes. During the coronavirus pandemic, HB20-1301 was passed, which modified C.R.S. 22-32-108 and permitted electronic participation in school board meetings. CASB sample board policy BEAA reflects that a board member who participates in a meeting electronically counts toward the quorum requirement to convene a meeting and includes the requirement that the board have a procedure in place to ensure that a board member who participates in a meeting electronically has real-time access to the same materials presented during the meeting.

Q: Does this mean an entire school board can participate in a meeting electronically?

A: If there are extenuating circumstances, yes. HB20-1301 was passed quickly in response to the coronavirus pandemic, and was designed to allow boards to conduct work virtually due to the rapid changes brought upon by the pandemic. Although circumstances have changed since the height of the pandemic, virtual participation is still permitted under the law. This could include all school board members, but only when there are extenuating circumstances according to the board’s policy.  

If board members participate virtually, boards are required to use technology that will ensure that members of the public can hear the comments made by board members who are attending the meeting electronically, that board members can hear comments made by the public, and all board members have real-time access to the same materials presented during a meeting.

Q: How can school boards adopt a policy to allow electronic participation in meetings?

A: CASB sample policy BG, School Board Policy Process, provides that, “[u]nder unusual circumstances, the Board may temporarily approve a policy to meet emergency conditions. However, the [procedure outlined in the policy on how to adopt a policy] is required before the policy shall be considered permanent.” CASB believes this provision allows boards to quickly and efficiently react to evolving circumstances, if necessary, by adopting a policy allowing electronic participation in board meetings without having to hold multiple meetings to do so.

CASB sample policy BG also includes language allowing boards to temporarily suspend, by a majority vote of board members present at any regular or special meeting, the operation of any board policy, including those governing its own operating procedures, in the event of special circumstances.

Q: How can a school board hold an electronic meeting while still complying with Colorado’s Open Meetings Law? 

A: Although Colorado law allows electronic participation for board members, boards will still need to ensure that the public has access to the meeting. During a virtual board meeting, the public must be able to hear the comments being made and vice versa. This could be accomplished in different ways, such as if the meeting is held telephonically, audio from the teleconference could be made available to the public on the district's website or the public could be provided a number to dial in to listen.

Boards may also consider alternative methods of public comment, such as having community members submit questions/comments via email before a meeting. The key will be to provide as much public notice as far in advance as possible and to communicate any changes and new procedures with the community. Boards should consult with their own legal counsel to determine how best to proceed under their specific circumstances.

Q: What types of platforms are available for boards to use to hold a virtual meeting?

A: Boards might consider using Zoom, Google Meet, conference call, Community by Diligent (a BoardDocs related product) and/or Facebook Live. This document produced by the Kansas State Department of Education — Kansas Guidelines for Continuous Learning — provides helpful resources, including technology platforms that could be utilized for electronic participation in school board meetings, on pages 53-54.