You can’t say that! When should board chairs stop a public comment?

On Board Online • March 31, 2014

Some items are made confidential by law and board policy, and the board chair may find it necessary to advise a member of the public – or a fellow member of the board – to avoid violating that confidentiality during a board meeting.

For instance, a parent of a special education student may want to make a comment during a board meeting about whether his or her child is receiving all the services called for in the student’s individualized education program (IEP). However, federal law makes the content of IEPs a confidential matter.

Likewise specific comments regarding a student’s general or disciplinary record (“He got As in math every year until this year, and all of sudden he’s getting Cs”) represent a violation of confidentiality and should not be permitted during a board meeting.

It may be appropriate to ask a person to bring the concern to the superintendent. If the board discusses such matters, it should take place in executive session.

Of course, it’s inappropriate during a meeting of the board for a member of the public (or a board member) to make allegations that a teacher, administrator or staff member behaved improperly or ask if some rumor is true. Generally, personnel matters are confidential, particularly if they involve a legal or a disciplinary matter.

The board can take steps to ensure an orderly meeting but it cannot lawfully restrict comments based on the viewpoint of the speaker. Therefore, comments regarding the performance or conduct of individual staff members (either positive or negative) should not be allowed during public participation portions of school board meetings.

The concept here is that if one allows praise for a specific staff member, it could be viewpoint discrimination to stop criticism of a specific staff member. The board is on firm ground if it consistently follows a clear and well-disseminated policy.