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Lifelong Learning
School Board Public Hearings
Type: School Board Policy
Section: 200 SCHOOL BOARD
Code: 207
Adopted Date: 8/27/2001
Revised Date(s): 01/14/2008, 12/13/2010, 12/15/2014, 10/13/2021, 12/12/2023
Reviewed Date(s): 10/10/2005, 01/14/2008, 12/13/2010, 12/15/2014, 05/08/2017, 10/13/2021, 12/12/2023
Attachments:

I. PURPOSE

The purpose of this policy is to establish procedures to receive public input efficiently and ensure the School Board recognizes the importance of obtaining public input on matters properly before the School Board during a public hearing.

II. GENERAL STATEMENT

The procedures set forth in this policy are established by the School Board in order for the School Board to receive public input efficiently on matters properly before the School Board.

III. PROCEDURES

A. Public Hearings
 
Public hearings are required by law concerning certain issues, including but not limited to school closings (Minnesota Statutes section 123B.51), education district establishment (Minnesota Statutes section 123A.15), and agreements for secondary education (Minnesota Statutes section 123A.30). Additionally, other public hearings may be held by the School Board on school district matters at the School Board's discretion.

B. Notice of a Public Hearing
 
Public notice of a public hearing required by law shall be given as provided by the enabling legislation. Public notice of other hearings shall be given in the manner required for a regular meeting if held in conjunction with a regular meeting, in the manner required for a special meeting if held in conjunction with a special meeting, or as otherwise determined by the School Board.

C. Public Participation
 
The School Board retains the right to require that those in attendance at a public hearing indicate their desire to address the School Board and complete and file with the clerk of the School Board or School Board Secretary an appropriate request card prior to the commencement of the hearing if the School Board utilizes this procedure. (207.2 Public Hearing Speaker Card). In that case, any request to address the School Board after the commencement of the hearing will be granted only at the discretion of the School Board. 
  1. Format of Request: If required by the School Board, a written request of an individual or a group to address the School Board shall contain the name and address of the person or group seeking to address the School Board. It shall also contain the name of the group represented if any, and a brief statement of the subject to be covered or the issue to be addressed.
  2. Time Limitation: The School Board retains the discretion to limit the time for each presentation as needs dictate;
  3. Groups: The School Board retains the discretion to require that any group of persons who desire to address the School Board designate one representative or spokesperson. If the School Board requires designation of a representative or spokesperson, no other person in the group will be recognized to address the School Board except as the School Board otherwise determines.
  4. Privilege to Speak: Only those speakers recognized by the Chair will be allowed to speak. A School Board member will direct remarks or questions through the Chair.  Comments by others are out of order. Individuals who interfere with or interrupt speakers, the School Board, or the proceedings may be directed to leave.
  5. Personal Attacks: Personal attacks by anyone addressing the School Board are unacceptable. Persistence in such remarks by an individual shall terminate that person’s privilege to address the School Board.
  6. Limitations on Participation: Depending upon the number of persons in attendance seeking to be heard, the School Board reserves the right to impose other limitations and restrictions as necessary to provide an orderly, efficient, and fair opportunity to be heard.

Legal References:
Minn. Stat. 123A.15 (Education District Establishment)
Minn. Stat. 123A.30 (Agreements for Secondary Education)
Minn. Stat. 123B.51 (School Closings)

Cross References:
Moorhead School Board Policy 203-1: School Board Procedures - Rules of Order
Moorhead School Board Policy 205: Open and Closed School Board Meetings
Moorhead School Board Policy 206: Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations
MSBA/MASA Model Policy 207 (Public Hearings)
MSBA/MASA Model Policy 206 (Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Data Privacy Considerations)