End of Open Meetings Suspension Order on September 1, 2021 July

End of Open Meetings Suspension Order on September 1, 2021 Published online in TASB School Law eSource

The attorney general has announced that the Governor’s March 2020 order temporarily suspending specified provisions of the Open Meetings Act (OMA, or Texas Government Code chapter 551) due to the COVID-19 pandemic disaster will be lifted on September 1, 2021. As of that date, all provisions of the OMA will resume and apply in full to the governmental bodies, including school districts, subject to the OMA.

Board Meetings Prior To September 1

Until 12:01 a.m. on September 1, 2021, school boards could choose to continue operating under the OMA suspension order as applicable. For example, if a board needs to meet by telephone or videoconference call to avoid congregate settings in physical locations, the board may meet remotely in compliance with the OMA suspension order.

Board Meetings on or After September 1

After 12:01 a.m. on September 1, 2021, school boards must resume full compliance with all provisions of the OMA. Most districts are returning to in-person board meetings as they did before the pandemic. Boards that want to meet by telephone or videoconference call will need to comply with the applicable OMA provisions, including Sections 551.125 and 551.127 regarding remote meetings. For more information, see TASB Legal Services’ Open Meetings Act: Remote Participation in Board Meetings.

1. If the board meets in person, does the meeting notice still need to provide a link for public access?

No. If a board is meeting in person, the board may, but does not have to, offer a toll-free dial-in number or web link allowing the public to observe the meeting in real time. Depending on the district’s size, the board may have an obligation to post a video or audio recording of the meeting. For more information, see TASB Legal Services’ Open Meetings Act: Open Meeting Records.

2. Can a board meet by telephone, or can a single member participate by telephone?

No, unless an emergency prevents a quorum of the board from meeting in person. Meetings by teleconference are allowed only in the event of an emergency or public necessity as defined by the OMA.

3. Can a full board meet remotely by videoconference?

After 12:01 a.m. on September 1, 2021, a full board cannot meet remotely by videoconference on Zoom or any other platform. At least a quorum of the board must meet in a physical location.

4. Can an individual board member join a meeting by videoconference?

Boards may allow individual board members to join and participate remotely, if the videoconference meets the standards of the OMA. If a board member joins a meeting pursuant to the OMA’s videoconference option in Section 551.127, the board member can participate and vote. Boards that anticipate requests from individual members to use videoconferencing in the future may want to establish board operating procedures that set fair, reasonable standards for how videoconferencing will be used. Procedures might address when and how often remote participation will be allowed to ensure a physical quorum at all meetings; how much advance notice should be provided to ensure compliance with OMA meeting notice requirements; how a member may request this option; and more.

5. Can boards still use Zoom?

If a board member uses a videoconference tool to participate in a board meeting pursuant to Section 551.127, the videoconference tool must meet technical specifications in DIR’s videoconference guidelines. Zoom may or may not have specifications that meet these guidelines. After September 1, school boards should confer with the district’s technology team and school attorney prior to holding a meeting by videoconference call via Zoom or other platforms.

6. Can boards do online training or teambuilding?

After the suspension order, school boards should seek the advice of a school attorney concerning virtual online training to ensure legal compliance. In general, training for the orientation to the Texas Education Code, the update to the Texas Education Code, additional continuing education, and the reporting of abuse and trafficking may be completed online. Training for local district orientation, team building, and evaluating student academic performance and setting goals may not be completed online.

During the pandemic, the commissioner temporarily permitted online provision of student academic training—which is also referred to as “EISO” training for evaluating and improving student outcomes. This general waiver expired May 31, 2021. Consequently, EISO training may no longer be delivered online absent a specific wavier granted by the commissioner.

For more information on board member training requirements, see TASB’s Texas School Board Member Continuing Education or call TASB Legal Services.

This document is continually updated at tasb.org/services/legal-services/tasb-school-law- esource/governance/documents/end-of-oma-suspension-order.pdf. For more information on school law topics, visit TASB School Law eSource at schoollawesource.tasb.org.

This document is provided for educational purposes only and contains information to facilitate a general understanding of the law. It is not an exhaustive treatment of the law on this subject nor is it intended to substitute for the advice of an attorney. Consult with your own attorneys to apply these legal principles to specific fact situations.