Effective October 1, 2021 – Governor’s New Executive Order Repeals N-29-20 Regarding Board Meeting Flexibility under the Brown Act

Governor Gavin Newsom recently signed a new Executive Order, N-08-21, that announces the expiration of many Executive Orders that relate to the COVID-19 pandemic. This includes Executive Order N-29-20, which suspends certain Brown Act requirements for conducting a teleconference meeting.

Under E.O. N-29-20, charter school Boards could meet via phone or video conference, without complying with most Brown Act rules regarding such virtual meetings. The new Executive Order extends this waiver for all public agency Boards through September 30, 2021. Please be aware that beginning October 1, 2021, Board meetings may still be conducted via teleconference, but the Brown Act teleconference meeting requirements will go back into effect. These requirements include:

1. Each teleconference location must be identified on the agenda;
2. An agenda must be posted at all teleconference locations;
3. Each teleconference location must be accessible to the public and ADA compliant;
4. Members of the public must be able to access each teleconference location and be able to hear the meeting and provide public comment from the location;
5. A quorum of the Board must participate from within the Charter School(s)’s jurisdiction.

Young, Minney & Corr LLP will keep your Board updated on any announcements from the Governor’s office regarding a change in executive orders that affect charter schools. Staying in compliance with the Brown Act is important and at any time if your Board is in need of training we offer multiple subjects including the Brown Act, Conflicts of Interest, and Habits of Highly Effective Boards just to name a few.

For more information, please contact Jerry Simmons or Janelle Ruleyat (916) 646-1400.

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