The Open Meeting Act requires a school board to conduct nearly all of its business publicly in a posted, open meeting. While for the most part, this is not an issue, there are times when a topic comes up for the board that is sensitive, politically charged, or just uncomfortable. Unfortunately, even though you may wish you could handle these issues away from the public eye unless the issue fits under an exemption, the topic must remain in open session.

Under the Open Meetings Act, there are nine legitimate purposes for moving to a closed session. Closed session rules can be very fact specific. Since we cannot possibly cover every potential nuance, we encourage members to contact us with specific questions. However, here is a brief overview of the nine reasons you can go into closed session without violating the OMA:

1.       Complaints or Disciplinary Action—School boards are allowed to move to closed session to discuss formal complaints or charges made against any employee if the staff member requests a closed session. Boards can go into closed session to consider the dismissal, suspension or disciplining of a district employee or school board member if requested by the individual. 

2.       Periodic Personnel Evaluations—Boards are permitted to enter into closed session to consider personnel evaluations of district employees if requested by the individual. (This is usually used when reviewing a superintendent.) 

3.       Student Discipline—School boards are permitted to meet in closed session to consider the expulsion, suspension or disciplining of a student if requested by the student/parent/guardian. 

4.       Collective Bargaining Strategy—When the school board is engaged in active negotiation sessions with its bargaining units, they may meet in closed session to discuss strategy and may hold negotiation meetings in closed session. (Normally, the board elects representatives to negotiate in place of the entire board.) 

5.       Purchase or Lease Property—Upon a 2/3 vote, boards can discuss the purchasing/leasing of property in a closed session, up to the point where an option to purchase/lease is obtained. Such closed sessions are usually used so that the board can direct its agents as to their authority and negotiating limits. 

6.       Pending Litigation—Upon a 2/3 vote, boards can meet with their attorneys to discuss pending (not “potential”) litigation. Keep in mind that “attorney/client privilege” falls under the Exempt Materials exemptions listed below. 

7.       Applications for Employment and Appointment to Public Office—Upon a 2/3 vote of the board, a school board can meet in a closed session to review employment/appointment applications if requested by the individual. This exemption is generally used to evaluate candidates for superintendent. Understand that interviews must be conducted in public, and any closed session review process can generally only look at the “specific content” of an individual’s application, i.e., personal matters contained on the application. 

8.       Exempt Materials—Upon a 2/3 vote of the board, boards are allowed to meet in closed session to discuss matters that are exempt from disclosure pursuant to state and federal law.

Three examples regarding this particular exemption are: 

·         Attorney/Client Privilege 

·         FERPA (Protecting the confidentiality of student records)

·         Most records protected from disclosure under FOIA 

9.       Security Planning and Threats.  Upon a 2/3 vote, boards may meet in closed session to consider security planning to address existing threats or prevent potential threats to the safety of the students and staff.