BB 9321 — CLOSED SESSION
Bylaws of the Board
BB 9321(a)
CLOSED SESSION
The Board of Education is committed to complying with state open meeting laws and
modeling transparency in its conduct of District business. The Board shall hold closed
sessions during a regular, special, or emergency meeting only for purposes authorized by
law.
Each agenda shall contain a general description of each closed session item to be
discussed at the meeting as required by law and provided in the accompanying Exhibit (1).
(Education Code 35145,Government Code 54954.2, 54954.5, 54957)
(cf. 9320 - Meetings and Notices)
(cf. 9322 - Agenda/Meeting Materials)
In open session preceding the closed session, the Board shall disclose the items to be
discussed in closed session as specified in this bylaw. The Board may either state the
information on the agenda or refer the public to the item(s) as listed by number or letter
on the agenda. In the closed session, the Board may consider only those matters covered
in its statement. After the closed session, the Board shall reconvene in open session
before adjourning the meeting, and when applicable, shall publicly disclose any action
taken in the closed session, the votes, or abstentions thereon, and other disclosures
specified in this bylaw. Such reports may be made in writing or orally at the location
announced in the agenda for the closed session as required by law and provided in the
accompanying exhibit (2). (Education Code 32281; Government Code 54957.7, 54957.7)
When an action taken during a closed session involves final approval or adoption of a
document such as a contract or settlement agreement, that becomes public upon such
approval or adoption, the Superintendent or designee shall provide a copy of the document
to any person present at the conclusion of the closed session who submitted a written
request. If the action taken results in one or more substantive amendments, the
Superintendent or designee shall make the document available the next business day or
when the necessary changes to the document are completed. Whenever copies of an
approved agreement will not be immediately released due to an amendment, the Board
president shall orally summarize the substance of the amendment for those present at the
end of the closed session. (Government Code 54957.1)
Confidentiality
A Board member shall not disclose confidential information received in closed session
unless the Board authorizes the disclosure of that information. (Government Code 54963)
The Board shall not disclose any information that is protected by state or federal law. In
addition, no victim or alleged victim of tortious sexual conduct or child abuse shall be
BB 9321(b)
CLOSED SESSION (cont.)
identified in any Board agenda, notice, announcement, or report required by the Brown
Act, unless the identity of the person has previously been publicly disclosed. (Government
Code 54957.7, 54961)
(cf. 1340 - Access to District Records)
Personnel Matters: Appointment, Employment, Performance Evaluation, or
Discipline/Dismissal/Release
The Board may hold a closed session under the “personnel exception” to consider the
appointment, employment, performance evaluation, discipline, dismissal, or change in
employment status of an employee. Such a closed session shall not include discussion
or action on proposed compensation except for a reduction of compensation that results
from the imposition of discipline. (Government Code 54957, 54957.1)
(cf. 2140 - Evaluation of the Superintendent)
(cf. 4115 - Evaluation/Supervision)
(cf. 4118 - Suspension/Demotion or Dismissal)
(cf. 4215 - Evaluation/Supervision)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 4315 - Evaluation/Supervision)
Personnel Matters: Specific Complaints or Charges
The Board may also hold a closed session to hear complaints or charges brought against
an employee by another person or employee, unless the employee who is the subject
of the complaint requests an open session. Before the Board holds a closed session
on specific complaints or charges brought against an employee, the Superintendent or
designee shall ensure that the employee receives written notice of the right to have the
complaints or charges heard in open session. This notice shall be delivered personally
or by mail at least 24 hours before the time of the session. (Government Code 54957)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
Personnel Matters: Application for Early Withdrawal of Funds in Deferred
Compensation Plan
The Board may hold a closed session to discuss a District employee's application for early
withdrawal of funds in a deferred compensation plan when the application is based on
financial hardship arising from an unforeseeable emergency due to illness, accident,
casualty, or other extraordinary event, as specified in the deferred compensation plan.
(Government Code 54957.10)
BB 9321(c)
CLOSED SESSION (cont.)
Negotiations/Collective Bargaining
The Board may meet in closed session to review the Board's position and/or instruct its
designated representative regarding salaries, salary schedules, or compensation paid in
the form of fringe benefits of its represented and unrepresented employees, and, for
represented employees, any other matter within the statutorily provided scope of
representation. A closed session regarding salaries, salary schedules, or compensation
paid in the form of fringe benefits may include discussions of the District's available funds
and funding priorities, but only insofar as they relate to providing instructions to the
Board's designated representative. Final action on the proposed compensation of one or
more unrepresented employees shall not be taken in closed session. (Government Code
54957.6)
(cf. 2121 – Superintendent’s Contract)
The Board also may meet in closed session with a state conciliator or mediator who has
intervened in proceedings regarding any of the purposes enumerated in Government
Code 54957.6.
Pursuant to Government Code 54957.1, approval in closed session of an agreement
regarding labor negotiations with represented employees pursuant to Government Code
54957.6 shall be reported after the agreement is final and has been accepted or ratified
by the other party. However, the Board may at its sole discretion, vote on such an
agreement in open session. (Government Code 54957.1)
Pursuant to Government Code 3549.1, the Board may, without following the requirements
of the Brown Act, meet in closed session exclusively for the purpose of discussing its
position regarding any matter within the scope of representation or for the purpose of
instructing its designated representatives. The Board shall not discuss any other item at
any such closed session. (Government Code 3549.1)
Matters Related to Students
If a public hearing would lead to the disclosure of confidential student information such
as grades or discipline information, the Board shall meet in closed session to consider a
suspension, disciplinary action, any other action against a student except expulsion, or a
challenge to a student record. At least 72 hours prior to the start of the meeting of which
the closed session is a part, the Superintendent or designee on behalf of the Board, shall,
in writing, by registered or certified or by personal service notify the student and the
student’s parent/guardian of the intent of the Board to hear the item in closed session. If
a written request for open session is received from the student or the student’s
parents/guardians within 48 hours of receiving the notice, the meeting shall be public,
except that any discussion at that meeting which may be in conflict with the right to privacy
of any student other than the student requesting the public meeting shall be in closed
session. (Education Code 35146, 48912, 49070)
BB 9321(d)
CLOSED SESSION (cont.)
(cf. 5117 - Interdistrict Attendance)
(cf. 5119 - Student Expelled from Other Districts)
(cf. 5125.3 - Challenging Student Records)
(cf. 5144 - Discipline)
If the Board conducts an expulsion hearing pursuant to Board Policy 5144.1-suspension
and expulsion/due process, the Board shall do so in closed session unless the student
submits a written request at least five days before the date of the hearing that the hearing
be held in open session. Regardless of whether the expulsion hearing is conducted in
open or closed session, the Board may meet in closed session for the purpose of
deliberating and determining whether the student should be expelled. (Education Code
48918)
(cf. 5144.1 - Suspension and Expulsion/Due Process)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
In order to protect student privacy rights provided in 20 USC 1232G or other applicable
laws, the identity of a student shall not be listed in the agenda and unless the item is
heard in open session, shall not be included in any report after closed session.
Additionally, a student matter shall be listed in the open session portion of the agenda
with the same description and numbering system as it was on the closed session portion
of the agenda.
(cf. 5125 - Student Records)
Security Matters
The Board may meet in closed session with the Governor, attorney general, district
attorney, District legal counsel, sheriff or chief of police, or their respective deputies, or a
security consultant or a security operations manager, on matters posing a threat to the
security of public buildings, to the security of essential public services, including water,
drinking water, wastewater treatment, natural gas service, and electric service, or to the
public's right of access to public services or public facilities. Such discussions may be held
in closed session during an emergency meeting called pursuant to Board Bylaw 9320–
meetings and notices, and Board Bylaw Exhibit (1) 9323.2—Actions by the Board.
(cf. 0450 - Comprehensive Safety Plan)
(cf. 3515 - Campus Security)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
(cf. 9323.2 - Actions by the Board)
The Board may also meet in closed session to consult with law enforcement officials on
the development of a plan for tactical responses to criminal incidents and to approve the
plan. (Education Code 32281)
BB 9321(e)
CLOSED SESSION (cont.)
Real Property Negotiations
The Board may meet in closed session with its real property negotiator prior to the
purchase, sale, exchange, or lease of real property by or for the District in order to grant
its negotiator authority regarding the price and terms of payment for the property.
(Government Code 54956.8)
Anticipated Litigation/Initiation of Litigation
Based on the advice of its legal counsel, the Board may hold a closed session to confer
with or receive advice from its legal counsel regarding an anticipated litigation or whether
to initiate litigation when discussion of either matter in open session would prejudice the
District’s position with respect to such litigation. For this purpose, "litigation" means any
adjudicatory proceeding, including eminent domain, before a court, administrative body
exercising its adjudicatory authority, hearing officer, or arbitrator. (Government Code
54956.9)
Litigation is considered to be "anticipated" when in the Board’s opinion based on the advice
of its legal counsel regarding the existing facts and circumstances, there is significant
exposure to litigation against the District or against a District officer or employee based on
prior or prospective activities or alleged activities during and potentially during the course
and scope of the office of employment. (Government Code 54956.9):
Existing facts and circumstances are limited to the following: (Government Code
54956.9)
1. Facts and circumstances that might result in litigation against the District but which
the District believes are not yet known to potential plaintiffs.
2. Facts and circumstances including, but not limited to, an accident, disaster, incident, or
transactional occurrence which might result in litigation against the District, which
are already known to potential plaintiffs.
3. The receipt of a claim pursuant to the Government Claims Act or a written threat of
litigation from a potential plaintiff.
4. A threat of litigation made by a person in an open meeting on a specific matter
within the responsibility of the Board.
5. A threat of litigation made by a person outside of an open meeting on a specific
matter within the responsibility of the Board, provided that the District official or
employee receiving knowledge of the threat made a record of the statement before
the meeting.
BB 9321(f)
CLOSED SESSION (cont.)
Each agenda item related to anticipated litigation shall only contain one such matter. For
an anticipated litigation item that is anticipated based on items #2, #3, or #5 above, the
agenda item shall also include the facts or circumstances that might result in litigation,
the claim or written threat of litigation, or the record of the threat. However, the agenda
item shall not identify the alleged victim of unlawful or tortious sexual conduct or anyone
making the threat on the alleged victim's behalf, or identify a public employee who is the
alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is
based, unless the identity of the person has been publicly disclosed. (Government Code
54956.9)
Existing Litigation
Based on the advice of its legal counsel, the Board may hold a closed session to confer
with or receive advice from its legal counsel regarding existing litigation when discussion
of the matter in open session would prejudice the District's position with respect to such
litigation. Litigation is considered to be "existing" when the District has been named a
party to the litigation or a District officer or employee has been named a party to the
litigation based on prior or prospective activities or alleged activities during the course
and scope of that office or employment, including litigation in which involves whether an
activity is outside the course and scope of the office or employment. For this purpose,
"litigation" means any adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(Government Code 54956.9)
Tort, Public, or Workers' Compensation Liability
The Board may meet in closed session to discuss a claim for the payment of tort liability
losses, public liability losses, or workers' compensation liability incurred by a joint powers
agency (JPA) formed for the purpose of insurance pooling or self-insurance authority of
which the District is a member. (Government Code 54956.95)
Joint Powers Agency Issues
When the board of the JPA has so authorized and upon advice of District legal counsel,
the Board may meet in closed session in order to receive, discuss, and take action
concerning information obtained in a closed session of the JPA. During the Board’s
closed session, a Board member serving on the JPA board may disclose confidential
information acquired during a closed session of the JPA to fellow Board members.
(Government Code 54956.96)
Review of Audit Report from California State Auditor’s Office
Upon receipt of a confidential final draft audit report from the California State Auditor’s
Office, the Board may meet in closed session to discuss its response to that report. After
public release of the report from the California State Auditor’s Office, any Board meeting
BB 9321(g)
CLOSED SESSION (cont.)
to discuss the report must be conducted in open session, unless exempted from that
requirement by some other provision of law. (Government Code 54956.75)
Review of Assessment Instruments
The Board may meet in closed session to review the contents of any student assessment
instrument approved or adopted for the statewide testing system. Before any such
meeting, the Board shall agree by resolution to accept any terms or conditions established
by the State Board of Education for this review. (Education Code 60617)
(cf. 6162.51 - State Academic Achievement Tests)
Legal Reference:
EDUCATION CODE
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32281 School safety plans
35145 Public meetings
35146 Closed session for student suspension or disciplinary action
44929.21 Districts with ADA of 250 or more
48912 Governing board suspension of student
48918 Rules governing expulsion procedures; hearings and notice
49070 Challenging content of student records
49073-49079 Privacy of student records
60617 Closed session (re review of contents of statewide assessment)
GOVERNMENT CODE
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3540-3549.3 Educational Employment Relations Act
6252-6270 California Public Records Act
54950-54963 The Ralph M. Brown Act
CALIFORNIA CONSTITUTION
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Article 1, Section 3 Public right to access information
UNITED STATES CODE, TITLE 20
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1232g Family Educational Rights and Privacy Act
CODE OF FEDERAL REGULATIONS, TITLE 34
U
99.1-99.8 Family Educational Rights and Privacy
COURT DECISIONS
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Moreno v. City of King, (2005) 127 Cal.App.4th 17
Morrison v. Housing Authority of the City of Los Angeles Board of Commissioners, (2003) 107
Cal.App.4th 860
Rim of the World Unified School District v. San Bernardino County Superior Court, (2002) 104
Cal.App.4th 1393
Bell v. Vista Unified School District, (2000) 82 Cal.App. 4th 672
Fischer v. Los Angeles Unified School District, (1999) 70 Cal.App. 4th 87
Kleitman v. Superior Court of Santa Clara County, (1999) 87 Cal Rptr. 2d
Furtado v. Sierra Community College District, (1998) 68 Cal.App. 4th 876
Roberts v. City of Palmdale, (1993) 5 Cal. 4th 363
San Diego Union v. City Council, (1983) 146 Cal.App.3d 947
Sacramento Newspaper Guild v. Sacramento County Board of Supervisors, (1968) 263 Cal.App. 2d 41
BB 9321(h)
CLOSED SESSION (cont.)
ATTORNEY GENERAL OPINIONS
U
94 Ops.Cal.Atty.Gen. 82 (2011)
89 Ops.Cal.Atty.Gen. 110 (2006)
86 Ops.Cal.Atty.Gen. 210 (2003)
78 Ops.Cal.Atty.Gen. 218 (1995)
59 Ops.Cal.Atty.Gen. 532 (1976)
57 Ops.Cal.Atty.Gen. 209 (1974)
Management Resources:
CSBA PUBLICATIONS
The Brown Act: School Boards and Open Meeting Laws, rev. 2014
CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS
U
The Brown Act: Open Meetings for Legislative Bodies, 2003
LEAGUE OF CALIFORNIA CITIES PUBLICATIONS
U
Open and Public IV: A Guide to the Ralph M. Brown Act, rev. July 2010
WEBSITES
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California School Boards Association: www.csba.org
California Office of the Attorney General: www.oag.ca.gov
League of California Cities: www.cacities.org
Chino Valley Unified School District
Bylaw adopted: August 17, 1995
Revised: March 15, 2001
Revised: July 17, 2003
Revised: October 20, 2011
Revised: October 4, 2012
Revised: May 21, 2015
Revised: September 1, 2016
Revised: November 21, 2019
Revised: February 1, 2024