Resources to Support Implementation of Public Comment Requirements
During the 2022 legislative session, the Indiana General Assembly enacted House Enrolled Act 1130 and Senate Enrolled Act 83, which together require school boards to allow oral public comment from individuals who are physically present at in-person school board meetings. The pair of laws specify that the opportunity for public comment must occur before a school board takes final action on a topic. At the same time, the new statutory language preserves the ability of school boards to take reasonable steps to maintain decorum and conduct meetings efficiently.
The Indiana School Boards Association has compiled the following resources to assist school boards with implementation of the mandatory public comment requirements.
May school boards restrict public comment to items listed on an agenda?
The Indiana Public Access Counselor addressed this question in 22-FC-124 dated October 18, 2022. The Advisory Opinion concluded that limiting subject matter for public comment at school board meetings to agenda items is not appropriate under the new statute. Constituents should be able to speak on items that are not explicitly listed on an agenda yet may still be germane to school board business overall.
May school boards prohibit nonresidents of the school district from participating in public comment?
The Indiana Public Access Counselor addressed this question in 23-FC-32 dated June 15, 2023. The Advisory Opinion concluded that residents of the school district may be given priority when time is limited and commenters are numerous but that a blanket policy prohibiting comments from nonresidents is not consistent with the letter or spirit of the law.
May school boards require members of the public to provide their home address when signing up for public comment?
In Informal Advisory Opinion 23-INF-3, the Indiana Public Access Counselor affirmed that prioritizing residents of the school district for public comment may be justified in certain situations, such as to prevent any one group from "packing a first-come, first-served comment list to freeze out opposing views." However, "absent unique circumstances, it should not be an obligation to indicate where one lives before providing comment at a school board meeting. " The Informal Advisory Opinion dated March 29, 2023, states "there would be no problem with asking whether the commenter is from the district" but "making it a requirement to speak, however, does not have basis in the law."
The Indiana Public Access Counselor addressed this question in 22-FC-124 dated October 18, 2022. The Advisory Opinion concluded that limiting subject matter for public comment at school board meetings to agenda items is not appropriate under the new statute. Constituents should be able to speak on items that are not explicitly listed on an agenda yet may still be germane to school board business overall.
May school boards prohibit nonresidents of the school district from participating in public comment?
The Indiana Public Access Counselor addressed this question in 23-FC-32 dated June 15, 2023. The Advisory Opinion concluded that residents of the school district may be given priority when time is limited and commenters are numerous but that a blanket policy prohibiting comments from nonresidents is not consistent with the letter or spirit of the law.
May school boards require members of the public to provide their home address when signing up for public comment?
In Informal Advisory Opinion 23-INF-3, the Indiana Public Access Counselor affirmed that prioritizing residents of the school district for public comment may be justified in certain situations, such as to prevent any one group from "packing a first-come, first-served comment list to freeze out opposing views." However, "absent unique circumstances, it should not be an obligation to indicate where one lives before providing comment at a school board meeting. " The Informal Advisory Opinion dated March 29, 2023, states "there would be no problem with asking whether the commenter is from the district" but "making it a requirement to speak, however, does not have basis in the law."
ISBA's Best Practices for Managing Public Comment at School Board Meetings
ISBA's FAQ on Managing Public Comment at School Board Meetings
Sample Public Comment Sign-Up Sheet
ISBA Member Webinar Recording (4/11/22): "Making The Most Out Of Public Participation In Your Meetings" (Passcode: +2D5**v6)
PowerPoint Slides From 4/11/22 Webinar
Text of Statutory Language
ISBA's FAQ on Managing Public Comment at School Board Meetings
Sample Public Comment Sign-Up Sheet
ISBA Member Webinar Recording (4/11/22): "Making The Most Out Of Public Participation In Your Meetings" (Passcode: +2D5**v6)
PowerPoint Slides From 4/11/22 Webinar
Text of Statutory Language