Public Participation at Board Meetings

This page is intended to provide an overview of public participation at board meetings. It is for informational purposes only and does not constitute legal advice. Specific questions should be referred to the school district's legal counsel. 

School board meetings are open to the public. Most boards permit public comment periods during those meetings. Maintaining order and a professional environment ensures the public is respectfully heard and protects the board’s ability to efficiently accomplish the public’s business. The information below provides some legal context and permissible guidelines concerning public comment.

Public participation at school board meetings is not required by Colorado law, nor even mentioned. However, involving the public improves the board’s ability to stay in touch with the community’s values. Some boards choose to elicit public participation by specifically stating on the board agenda the items upon which it wishes to engage the public. Other boards choose to have a general public comment period for community members to raise any issue of concern regarding school business.

Controlling caselaw in Colorado clearly provides that once a board creates an opportunity for public comment at a board meeting, it has created an open public forum that gives the public first amendment rights with regard to the content of the speech. Mesa v. White, 197 F.3d 1041 (10th Cir. 1999). Accordingly, boards cannot limit or prohibit negative comments about school district personnel or other district issues if the board allows a general public comment period at a board meeting, as this constitutes viewpoint discrimination. Id.

It is permissible for boards to establish time, place and manner restrictions for public participation at board meetings. Many boards limit the duration of comments and prohibit repetitive comments consistent with the board’s policy on public participation at board meetings. Time limitations of two, three and five minutes have been sustained by the courts as reasonable. Further, common sense rules for facilitating a public discussion, such as allowing community members to speak only when recognized and avoiding unduly repetitious or irrelevant comments have been upheld by the courts as valid because the board’s enforcement of such rules is necessary to conduct an orderly and efficient meeting.

The board president also has the right to maintain order during all periods of public comment, which includes prohibiting yelling, vulgarity, “fighting words” and derogatory language. With regard to handling public participation, including with a disruptive community member, it is essential for the board to establish fair processes and procedures in advance and apply them consistently.

GUIDELINES:

1. The board may establish time, place and manner restrictions on a public comment period (e.g. limit comments to three minutes per speaker, prohibit yelling or vulgarity).

2. The board must consistently enforce any time, place and manner restrictions (e.g. not allow some community members to speak over the time limit but then interrupt those who criticize the district).

3. If the board provides a general public comment period at a board meeting, the board cannot prohibit community members from criticizing the district, board members or district employees, as this may constitute viewpoint discrimination in violation of the person’s free speech rights.

4. The board should effectively communicate its approach to public participation at board meetings via board policy and/or the board agenda. See, CASB sample policy BEDH, Public Participation at Board Meetings.

5. The board president should provide sufficient warning to any speaker who violates the board’s rules on public participation before action is taken to halt the person’s speech. See, CASB sample “ Public Participation – Script for Board President.”