Page 10 - Lozano Smith Board Member Toolkit 2026

School districts must allow members of the public to place matters directly related to
school district business on the agenda. The school district can reasonably control
when and how the item is placed on the agenda. The district need not allow public
comment on whether and how to place an item on the agenda.

Exceptions to Agenda Requirements
Generally, the legislative body may not discuss or take action on any item unless it
appears on the agenda. Exceptions include:

> Emergency Situations: see “emergency meeting” above.

> “Subsequent Need” Items: A finding that there is a need for immediate action that
came to the attention of the local agency after the agenda was posted. The
legislative body must make that finding by a 2/3 vote or by unanimous vote if less
than 2/3 are present.

> Held-Over Items: Items held over from a previous meeting; restrictions apply.

> Response to Public Comments / Announcements: The legislative body or staff
may briefly respond to statements made or questions posed by members of the
public. Members of the legislative body or its staff may make a brief
announcement or report, refer items to staff, request staff to report back at a
subsequent meeting concerning any matter, direct staff to place a matter of
business on a future agenda, or ask a clarifying question.

Public Comment
> Each regular meeting agenda must provide an opportunity for public comment on
any agenda item, before or during the legislative body’s consideration of the item,
and on any item of interest to the public within the subject matter jurisdiction of
the legislative body. This includes a right to comment on closed session agenda
items prior to closed session.

> For special meetings, the agenda must provide an opportunity for members of the
public directly to address the legislative body concerning any item on the agenda,
including the opportunity to comment on closed session agenda items prior to
closed session; comments on items not on the agenda need not be allowed.

> Reasonable time limitations on public comment are permissible, such as time
limits per agenda item and per speaker. If a speaker requires a translator and no
simultaneous translation is available, that speaker is allowed twice the time limit
that would otherwise apply.

> The Brown Act allows photographs, audio recording, and video recording of
meetings unless it would be an actual and persistent disruption of the meeting.

Guide to Effective Governance 7