HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 34

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1048, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1048. Regular and special meetings; quorum; roll call vote.

(e) School board meetings must include time for public comment on all agenda items that are subject to a vote in an open meeting. Public comment on an agenda item must take place before a school board vote on the agenda item. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment. For purposes of this subsection:

(1) “Agenda” means as defined in § 10001 of Title 29.

(2) “Open meeting” means all board meetings except for those closed to the public pursuant to § 10004 of Title 29.

Section 2. Amend Chapter 5, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 504B. Open Meetings.

(a) For purposes of this section:

(1) “Agenda” means as defined in § 10001 of Title 29.

(2) “Open meeting” means all board meetings except for those closed to the public pursuant to § 10004 of Title 29.

(3) “School board” means the board of directors of a charter school.

(b) School board meetings must include time for public comment on all agenda items that are subject to a vote in an open meeting. Public comment on an agenda item must take place before a school board vote on the agenda item. The school board may impose reasonable time, place, and manner restrictions on the length of the public comment period and the amount of time allotted for each public comment.

SYNOPSIS

This Bill requires school boards, including charter schools, to permit public comment on each agenda item presented for a vote at a school board meeting. The public comment period must take place before the school board vote on an agenda item. The school board may reasonably restrict the time, place, and manner of the public comment period.