The full scope of board operations is too broad to cover exhaustively here, but the sections below address the areas people ask us about most. We also have webpages on:
Multiple Directors at One Event
Board members may attend conferences, community events or social gatherings together as long as they do not discuss or appear to conduct board business. If a quorum of the board attends and event, they just need to avoid board-related discussions.
Term Limits
School boards cannot impose term limits on directors through the use of board policy. Washington law fixes board-member terms, eligibility, and how candidates get on the ballot. A district would need state-level change (legislation or a statewide initiative/amendment) to impose term limits that affect eligibility or ballot access. See RCW 28A.343.300.
Board Retreats and Meetings
In Washington state, a school board retreat is subject to the Open Public Meetings Act codified in RCW 42.30. To the extent the retreat is a purposeful effort to give the board an opportunity to have a focused and extended discussion of matters before it, or procedures for approaching matters before it, such a gathering would likely fall directly in the definition of “meeting.”
RCW 42.30.020(3) defines a meeting as any gathering where a majority of the board takes action or discusses district business. Even if no formal action is taken, a retreat where district business is discussed must comply with OPMA.
Notice Requirements
If a board retreat is a special meeting (not on the regular board calendar), it must follow RCW 42.30.080. If the retreat is a regular meeting (scheduled as part of the adopted calendar), it must comply with RCW 42.30.070
Key Considerations
- Even informal retreats must comply if a quorum discusses school business.
- Social gatherings are exempt only if no district business is discussed (RCW 42.30.070(4).
- At retreats, focus on relationships, team-building and professional development. Do not discuss any board business if you wish to keep it outside OPMA.
Board Members and Committees
RCW 42.30.020(2) defines a meeting as any gathering where action is taken by a governing body (such as deliberation, discussion, or evaluation). A quorum gathered informally can still qualify as a meeting.
Directors Who Are Not on the Committee
School board members are generally permitted to attend committee meetings on which they do not serve. Washington’s Open Public Meetings Act (OPMA) does not restrict meeting attendance to any specific category of people, like professional journalists. Meetings are open to anyone.
That said, there are important nuances when a board member attends a meeting as a non-member. Simply being present and receiving information passively does not, on its own, violate OPMA. However, if enough board members attend to constitute a quorum, it raises a serious question about whether OPMA has been violated — even if no violation was intended.
Risk of Going from Observer to Participant
The primary concern is whether the non-committee member’s attendance could create an improper quorum or facilitate decision-making outside of properly noticed meetings. Even if the board members only intend to observe committee proceedings, there is still a bit of risk. If enough board members are present to constitute a quorum of the full board, and they engage in discussion or decision-making about something that would be considered board business, this could violate OPMA.
Can They Be Asked to Leave?
Directors generally cannot be excluded simply for attending because, like other citizens, they are members of the public. However, the committee chair should take note to ensure that their presence doesn’t turn the committee meeting into an improper board meeting.
If the non-committee member’s presence does form a quorum, the chair may ask them to leave in order to ensure compliance, however, the focus should be on preventing participation in deliberations, rather than excluding attendance entirely. Additionally, districts are free to set procedural rules about who participates or observes in committees.
Attorney General Guidance
Washington’s Office of the Attorney General has stated that if a quorum of the board attends a committee meeting, even silently, and district business is discussed, that meeting is presumed a meeting under OPMA, and must meet full notice and access requirements
To avoid unintentional meetings, the OAG advises public agencies to track attendance to avoid accidental quorums. Even if only observing, board members should be mindful that their presence can legally “convert” a committee meeting into a board meeting.
Best Practices
- Keep committee rosters up to date and publicly visible so it’s clear who the members are.
- Track expected attendance at all public meetings.
- Avoid informal conversation between directors that could rise to the level of “action” under OPMA.
- Post public notice if a quorum may attend.
- If you have any uncertainty, get legal guidance from your district’s legal counsel.
- The safest practice is for non-committee board members to refrain from participating in discussions, similar to how any member of the public would attend.