Meeting Defined
A meeting is defined as the convening of the Board of Directors to make a decision or to deliberate toward a decision on any matter. Directors may participate in School Board meetings via electronic means, including telephonic or video conferencing devices, provided at least one Member of the Board of Directors or the Executive Director is physically present at the meeting location.
Regular Meetings
Virtual offered as courtesy.
Unless otherwise specified in the Articles or Bylaws, all meetings will be held in the Intermediate Building. Regular meetings shall be held at the later of 6:30 PM, or following the conclusion of Executive Session, unless otherwise posted per Idaho Code § 74-204 on the 3rd Monday of each month.
Executive sessions, if any, will be held at 6:00 PM, unless otherwise posted per Idaho Code § 74-204 (2) and (3).
Emergency Meetings
In the event of an emergency involving possible personal injury or property damage, immediate financial loss, or the likelihood of injury, damage, or loss, the Board may meet immediately and take official action without prior notification when the notice requirements would make such notice impracticable or increase the likelihood or severity of such injury, damage, or loss; and the reason for the emergency is stated at the outset of the meeting.
Budget Meetings
No later than 28 days prior to its regular July meeting, unless otherwise specified in the Articles or Bylaws, the Board shall have prepared a budget, in the form prescribed by the State Superintendent of Public Instruction, and shall hold a public hearing. At such public hearing or at a special meeting held no later than 14 days after the public hearing, the Board shall adopt a budget for the ensuing year. Notice of the budget hearing shall be posted and published as prescribed in I.C. § 33-402. From the time noticed, a copy of the budget shall be available for public inspection during regular business hours.
Special Meetings
Unless the Articles or Bylaws provide otherwise, the Board Chair, the Executive Director, or 20% percent of the Directors may call and give notice of a special meeting. If the time and place of special meetings has not been determined at a meeting of the Board with all Members present, then written notice of a special meeting, stating the purpose of the meeting, shall be delivered to each Director not less than 24 hours prior to the time of the meeting. Such written notice shall be posted conspicuously at the RISE Charter School Office. Business transacted at a special meeting will be limited to that stated in the notice of the meeting.
Pursuant to Idaho Code, upon a 2/3 roll call vote recorded in the minutes of the meeting, the Board may hold an executive session after the Board Chair has expressly identified the specific legal authorization for holding an executive session and provided sufficient detail to identify the general purpose and topic of the executive session. However, the information provided shall not compromise the purpose of going into an executive session. Only in the event that Board vacancies, and not absences, prevent a 2/3 majority from being present, a simple majority vote to enter executive session may be called.
An executive session may be held for, and only for, the following purposes:
- To consider hiring a public officer, employee, staff member, or individual agent wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. Please note this does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general.
- To consider the evaluation, dismissal, or disciplining of; or to hear complaint or charges brought against a public officer, employee, staff member or individual agent, or a student.
- To acquire an interest in real property which is not owned by a public agency.
- To consider records exempt from public disclosure.
- To consider preliminary negotiations involving matters of trade or commerce in which the Board is in competition with other governing bodies in other states or nations.
- To communicate with legal counsel and to discuss any legal ramifications and/or legal options for pending litigation or possible legal controversies not yet being litigated. The presence of legal counsel at executive session is not sufficient to satisfy this requirement.
- To communicate with a representative of the School’s risk management or insurance provider to discuss a pending claim or prevention of a possible claim to be filed. The presence of a risk management or insurance provider at executive session is not sufficient to satisfy this requirement.
No action may be held for the purpose of taking any final action or making any final decisions except for making a determination to place a certified professional employee on probation.
If only an executive session will be held, a 24 hour meeting and agenda notice shall include the date, time, place, items to be discussed, and the specific provision of law authorizing the executive session. The Board will not change the subject within the executive session to any not identified within the motion to enter executive session or to any topic for which an executive session is not provided.
Legal References:
I.C. § 30-30-612 Idaho Nonprofit Corporation Act - Directors and Officers - Regular and Special Meetings
I.C. § 30-30-614 Idaho Nonprofit Corporation Act - Directors and Officers - Call and Notice of Meetings
I.C. § 33-1273 Teachers - School Districts – Professional Employees - Negotiations
I.C. § 33-5204(2)(d) Nonprofit Corporation—Liability—Insurance -Public Meeting Law Applicable to Public Charter Schools
I.C. § 74-202 Open Meetings Law - Open Public Meetings - Definitions
I.C. § 74-203 Open Meetings Law - Governing Bodies - Requirement for Open Public Meetings
I.C. § 74-204 Open Meetings Law - Notice of Meetings - Agendas
I.C. § 74-205 Open Meetings Law - Governing Bodies - Written Minutes of Meetings
I.C. § 74-206 Open Meetings Law - Executive Sessions - When Authorized
Policy History:
Adopted on: May 17, 2021
Revised on:
Reviewed on: