BEAA, Electronic Participation in School Board Meetings

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Board members may attend and participate electronically in regular or special meetings of the Board in accordance with this policy and state law. For purposes of this policy, “electronically” shall be defined as attendance via telephone, videoconferencing, or other electronic means that enable the public to hear the comments made by the Board member(s) participating electronically and allow the Board member(s) to hear the comments made by the public. 

Board members may attend and participate electronically in a regular or special Board meeting only when extenuating circumstances prevent the Board member from physically attending the meeting. For purposes of this policy, “extenuating circumstances” means a Board member’s job or military service requires the member to be outside of the district at the time of the meeting, inclement weather that prevents the Board member from traveling to the location of the meeting, acute illness that prevents the Board member from physically attending the meeting or the Board president or, in his or her absence or inability, the vice-president, determines and announces in the notice of the meeting that public health, safety or welfare considerations warrant Board member participation electronically.

A meeting at which Board members attend and participate electronically shall be open to the public, except for periods in which the Board is in executive session as authorized by law. A quorum of the Board may be established by a sufficient number of members being present at the meeting either physically or electronically.

Board member(s) participating electronically shall have real-time access to any materials that are presented and made available to Board members who physically attend the meeting. A Board member participating electronically may vote and will be included in the recording of the Board meeting.

Except in the case of extenuating circumstances declared for public health, safety or welfare considerations, a Board member who seeks to attend and participate electronically in a Board meeting shall notify the Board president and superintendent at least one week prior to the meeting and shall explain the extenuating circumstances that prevent the Board member from physically attending the meeting. If such notification is not possible, the Board member shall notify the Board president and superintendent as soon as is reasonably possible of the request to attend electronically. The Board president or, in his or her absence or inability, the vice-president, is delegated the authority to consider and approve the request, subject to review by the Board members who are in attendance physically or electronically at the meeting if the request for attendance electronically is denied.

If the request is approved, a Board member who attends and participates electronically shall make a statement at the meeting, identifying the location from which the Board member is participating, those present, and the extenuating circumstances that prevented the Board member from physically attending the meeting. If the Board convenes in executive session, the Board member attending and participating by electronic means shall ensure confidentiality during that portion of the meeting.

Except for meetings that the Board president determines should be held electronically due to extenuating circumstances as described above, a Board member may attend and participate electronically in a maximum of two Board meetings per calendar year. Unless otherwise approved by the Board, additional requests to attend and participate electronically will be denied. In accordance with state law, the Board shall declare a vacancy if a Board member fails to attend three consecutive regular Board meetings, unless the Board member’s absence is otherwise excused by the Board.

A Board member’s failure to comply with this policy may result in the Board’s refusal to allow the member to participate electronically in Board meetings.

Adopted October 16, 2013
Revised: April 15, 2020

Legal References

C.R.S. 24-6-401 et seq. (open meetings law)
C.R.S. 22-32-108 (7)(a) and 7(b) (board may adopt policy allowing board members to attend and participate electronically in regular or special board meetings)
C.R.S. 22-31-129 (board vacancies)
C.R.S. 22-32-108 (7)(a) (board may adopt policy allowing board members to attend and participate electronically in regular or special board meetings)
C.R.S. 24‑6-401 et seq. (open meetings law)

Cross Reference

BE, School Board Meetings