I. PURPOSE
The purpose of this policy is to provide procedures to assure open and orderly input from the public to the School Board, as well as to protect the due process and privacy rights of individuals under the law.
II. GENERAL STATEMENT OF POLICY
A. Although providing an opportunity for input in a limited public forum to a School Board is not required under Minnesota Statutes, the school board recognizes the value of receiving input from members of the public relating to school district matters. At the same time, the school board recognizes the importance of conducting orderly and efficient proceedings, with opportunity for expression of all participants’ respective views.
B. The school board may adopt reasonable time, place, and manner restrictions on public expression in order to facilitate free discussion by all interested parties. The School Board shall, as a matter of policy, protect the legal rights to privacy and due process of employees and students as provided by Minnesota Law. Public comment will be heard at the School Board meetings when the "Public Forum" is included on the agenda.
C. The School Board may decide to hold certain types of public meetings where the public will not be invited to address the School Board. Examples include, but are not necessarily limited to, School Board Work Sessions, School Board Retreats, and Special School Board Meetings. The public is entitled to notice of these meetings and will be allowed to attend these meetings, but the public will not be allotted time to address the Board during the meeting. Closed Meetings may be held periodically where attendance and speaking opportunities are not allowed.
III. THE PUBLIC’S OPPORTUNITY TO BE HEARD
The School Board will strive to give all persons an opportunity to be heard and to have complaints considered and evaluated within the limits of the law and this policy and subject to reasonable time, place, and manner restrictions. The School Board reserves the right to limit or prohibit discussion on any item.
Except as determined by the school board to be necessary or in an emergency, it is the practice of the School Board not to engage in discussion or debate with a speaker during the “Public Forum” agenda item. The Board Chair, Superintendent, or designee may follow up with the speaker at a later date/time.
The Public Forum section of the agenda will not be live-streamed or recorded.
IV. PROCESS TO ADDRESS THE SCHOOL BOARD
Opportunities for the public to address the school board at a public school board meeting will be available at a Regular School Board meeting under the agenda item titled “Public Forum” when it is included on the agenda. Public Comments at the School Board Meeting will be limited to an agenda item. Public may do so in the following way:
1. Notify the executive administrative assistant in the superintendent’s office by 1:00 p.m. the day of the school board meeting. A written request can be submitted online at isd152.org or by email to publiccomment@moorheadschools.org or by phone at 218-284-3330. (Administrative Procedure: 206.1 Public Forum Procedures and Administrative Procedure: 206.2 Sign-up Form for Visitors/Public Input).
V. DEFINITIONS - PUBLIC DATA
Among the rights available to the public is the right to access public data as provided by Minnesota Statutes section 13.43, subdivision 2 (Public Data).
A. “Personnel data” means government data on individuals maintained because the individual is or was an employee or applicant for employment. For purposes of this policy, “employee” includes a volunteer or an independent contractor.
B. Personnel data on current and former employees that is “public” includes:
Name; employee identification number, which must not be the employee’s social security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer-paid fringe benefits; the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; bargaining unit; job title; job description; education and training background; previous work experience; date of first and last employment; the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; the final disposition of any disciplinary action as defined in Minn. Stat. § 13.43, Subd. 2(b), together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; the complete terms of any agreement settling any dispute arising out of the employment relationship, including a buyout agreement as defined in Minn. Stat. § 123B.143, Subd. 2, except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money; work location; work telephone number; badge number; work-related continuing education; honors and awards received; and payroll timesheets or other comparable data that are only used to account for employee’s work time for payroll purposes, except to the extent that release of timesheet data would reveal the employee’s reasons for the use of sick or other medical leave or other not public data.
C. Personnel data on current and former applicants for employment that is “public” includes:
Veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. Names of applicants shall be private data except when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. For purposes of this subdivision, “finalist” means an individual who is selected to be interviewed by the appointing authority prior to selection.
D. “Educational data” means data maintained by the school district which relates to a student.
E. “Student” means an individual currently or formerly enrolled or registered in the school district, or applicants for enrollment, or individuals who receive shared time services.
F. Data about applicants for appointments to a public body, including a school board, collected by the school district as a result of the applicant’s application for appointment to the public body are private data on individuals, except that the following are public: name; city of residence, except where the appointment has a residency requirement that requires the entire address to be public; education and training; employment history; volunteer work; awards and honors; prior government service; any data required to be provided or that is voluntarily provided in an application to a multi-member agency pursuant to Minn. Stat. § 15.0597; and veteran status. Once an individual has been appointed to a public body, the following additional items of data are public: residential address; either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee; the first and last dates of service on the public body; the existence and status of any complaints or charges against an appointee; and, upon completion of an investigation of a complaint or charge against an appointee, the final investigative report unless access to the data would jeopardize an active investigation. Any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached.
VI. RIGHTS TO PRIVACY
A. School district employees have a legal right to privacy related to matters which may come before the school board, including, but not limited to, the following:
1. right to a private hearing for teachers, pursuant to Minnesota Statutes section 122A.40, subdivision 14 (Teachers Discharge Hearing);
2. right to privacy of personnel data as provided by Minnesota Statutes section 13.43 (Personnel Data);
3. right to consideration by the school board of certain data treated as not public as provided in Minnesota Statutes section 13D.05 (Not Public Data);
4. right to a private hearing for licensed or nonlicensed head varsity coaches to discuss reasons for nonrenewal of a coaching contract pursuant to Minnesota Statutes section 122A.33, subdivision 3.
B. School district students have a legal right to privacy related to matters which may come before the school board, including, but not limited to, the following:
1. right to a private hearing, Minnesota Statutes section 121A.47, subdivision 5 (Student Dismissal Hearing);
2. right to privacy of educational data, Minnesota Statutes section 13.32 (Educational Data); 20 United States Code section 1232g (FERPA);
3. right to privacy of complaints as provided by child abuse reporting and discrimination laws, Minnesota Statutes Chapter 260E section 626.556 (Reporting of Maltreatment of Minors) and Minnesota Statutes Chapter 363A (Minnesota Human Rights Act).
VII. FORMAL COMPLAINTS
Board meetings are not an appropriate venue during which to file a specific complaint against a staff member or the school district. Filing a complaint should be done according to the steps outlined below:
a. Routine complaints about a teacher or other employee should first be directed to that teacher or employee or to the employee’s immediate supervisor. Unresolved complaints from this section or problems concerning the school district should be directed to the superintendent’s office. Complaints that are unresolved at the superintendent’s level may be brought before the school board by notifying the school board in writing.
b. If the complaint is against an employee relating to child abuse, discrimination, racial, religious, or sexual harassment, or other activities involving an intimidating atmosphere, the complaint should be directed to the employee’s supervisor or other official as designated in the school district policy governing that kind of complaint. In the absence of a designated person, the matter should be referred to the superintendent.
VIII. VIOLATIONS
A. The school district is liable for damages, costs and attorneys’ fees, and, in the event of a willful violation, punitive damages for violation of state data privacy laws. (Minnesota Statutes section13.08, subdivision 1)
B. A person who willfully violates data privacy or whose conduct constitutes the knowing unauthorized acquisition of not public data is guilty of a misdemeanor. (Minnesota Statutes section 13.09)
C. In the case of an employee, willful violation of the Minnesota data practices law, Chapter 13, and any rules adopted thereunder, including any action subject to a criminal penalty, constitutes just cause for suspension without pay or dismissal. (Minnesota Statutes section 13.09)
D. If a speaker violates any of the established procedures or engages in prohibited conduct, the School Board Chair will rule the speaker out of order.
E. If repeated violations or disruptions occur, any of the following steps may be taken:
1. The Board Chair may require the speaker to immediately end their presentation.
2. If the speaker persists in violating any procedure or rule, the speaker will be directed to leave the premises and not return, a no-trespass order may be issued, and a referral may be made to law enforcement.
3. The Board Chair may call a recess and order that the room be cleared.
4. Any Board member may make a motion to immediately end the Public Forum period.
5. The School Board may vote to suspend public comment at meetings and require that all public comments be in writing.
F. The school district will refer potential incidents of disorderly conduct to law enforcement. (Minnesota Statute section 609.72)
IX. OPEN FORUM
The School Board may provide a specified period of time when persons may address the school board on any topic, subject to the limitations of this policy. The School Board reserves the right to allocate a specific period of time for this purpose and limit time for speakers accordingly.
Legal References:
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. § 13.43 (Personnel Data)
Minn. Stat. § 13.601, Subd. 3 (Applicants for Appointment)
Minn. Stat. § 13D.05 (Meetings Having Data Classified as Not Public)
Minn. Stat. § 121A.47, Subd. 5 (Exclusion and Expulsion Procedures; Closed or Open Meeting)
Minn. Stat. § 122A.33, Subd. 3 (License and Degree Exemption for Head Coach; Notice of Nonrenewal; Opportunity to Respond)
Minn. Stat. § 122A.40, Subd. 14 (Employment; Contracts; Termination; Hearing Procedures)
Minn. Stat. § 122A.44 (Contracting with Teachers; Substitute Teachers)
Minn. Stat. § 123B.02, Subd. 14 (General Powers of Independent School districts; Employees; Contracts for Services)
Minn. Stat. § 123B.143, Subd. 2 (Superintendent; Disclose Past Buyouts or Contract is Void)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
Minn. Op. Atty. Gen. 852 (July 14, 2006)
Cross References:
MSBA/MASA Model Policy 205 (Open Meetings and Closed Meetings)
MSBA/MASA Model Policy 207 (Public Hearings)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA School Law Bulletin “C” (Minnesota’s Open Meeting Law)
MSBA School Law Bulletin “I” (School Records – Privacy – Access to Data)
MAPS Policy 207 School Board Public Hearings
MAPS Policy 205 Open and Closed School Board Meetings