New law requires online posting of documents 24 hours before discussion at open meetings


On Board Online • November 8, 2021

By the New York State Association of School Attorneys

In October, Gov. Kathy Hochul signed legislation aimed at improving the transparency of government at all levels, including school districts. The amendment to the state Open Meetings Law (OML) mandates that public entities with websites post any resolutions, policies and other public documents to be discussed at an open meeting at least 24 hours prior to the meeting, "to the extent practicable."

Public documents that must be disclosed include documents and materials that are subject to the state's Freedom of Information Law (FOIL), excluding items that are privileged, protected or otherwise specifically exempt from disclosure under state law. [See "What doesn't need to be disclosed," below.]

The new law becomes effective on Nov. 18, 2021.

The prior version of the OML (Section 103 of the Public Officers Law) required documents and proposals to be posted on a school district's website prior to meetings in which they would be discussed but without a specific timeline.

Critics say the prior version of the law has allowed some public entities to "walk on" items at the last minute, compromising the ability of members of the public to see and evaluate what their local government was acting on.

While seeking to curtail that practice, the amended law still permits last-minute items when it is not feasible to provide advance copies. For instance, your board may have an emergency resolution or other last-minute action item needed to meet a legal or other deadline. If the district is unable to post the relevant text 24 hours in advance of the meeting, it could rely on the "to the extent practicable" language.

However, legal challenges could arise. A district resident or other party could petition a court to consider whether the district had an adequate reason for failing to provide 24 hours' notice. A successful court challenge could result in nullifying the action taken and an award of attorney fees.

Or someone could bring the matter before the state Committee on Open Government, which issues advisory opinions on questions involving the OML and FOIL. Given the specific timeframe in the amended law, such challenges may be more likely whenever the 24-hour deadline is missed.

To comply with the new law, public entities should adopt a policy and practice of posting all documents included in packages sent to board members, including the meeting agenda, at least 24 hours prior to scheduled meetings.

When it is not practicable to provide 24 hours of advance notice for a certain item, a district could seek to inform the public and reduce the potential for litigation by:

  • Posting the item or items online as soon as possible, preferably prior to the meeting.
  • Providing copies before or during the meeting.
  • Providing an explanation at the meeting.

Also, pursuant to section 103, documents should be made available for copying upon request. Districts may charge a "reasonable fee" for such copies, according to the statute.

If your district does not maintain a routinely updated website or have a high-speed internet connection, it may be exempt from the online posting requirement; check with your school attorney.

What doesn't need to be disclosed?

Some documents do not need to be disclosed prior to a school board meeting even though the text, if approved, will become a public document. This includes items that the board plans to review in executive session and/or with counsel before considering for action. Examples of documents that typically would not be posted in advance of a meeting but are destined to become public documents include:

  • Proposed settlements of legal claims/cases.
  • Drafts of memos of agreement or understanding with unions and/or employees to resolve employment matters.
  • Draft agreements with unions to resolve collective bargaining negotiations.
  • Settlement agreements with particular employees.
  • Contracts to hire a particular person or persons.


Members of the New York State Association of School Attorneys represent school boards and school districts. This article was written by Jared Kasschau and Douglas Gerhardt of Harris Beach, PLLC.




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