On February 17, 2022, Governor DeWine signed House Bill (“HB”) 51 to allow a public school district board of education, among other public entities, to hold and attend meetings and conduct and attend hearings virtually, through June 30, 2022, effective immediately.
Authorization for virtual board meetings was first issued on March 9, 2020, via Ohio HB 197, during the period of emergency declared as a result of the COVID-19 pandemic, and was later extended through July 1, 2021, in accordance with Ohio HB 404. Since that time, some boards and other public entities have been looking for reauthorization to hold virtual meetings.
Effective February 17, 2022, HB 51 authorizes a board to hold and attend meetings and hearings by means of teleconference, video conference, or any other similar electronic technology. This aligns to prior authorizations for virtual board meetings/hearings.
Any resolution, rule or action taken pursuant to this emergency provision will have the same effect as if it had occurred during an open meeting. Board members who attend meetings or hearings by teleconference, video conference, or any other similar electronic technology, must be considered present as if attending in person, permitted to vote, and must be counted in determining whether a quorum of the board is present.
Boards are required to provide notice of virtual meetings or hearings at least twenty (24) hours in advance to allow individuals to determine the time, location, and the manner in which the meeting or hearing will be conducted, and are further required to provide the public with access to the meeting or hearing. (Recall also, that for special meetings, continuing law requires the purpose of the meeting to be timely noticed as well.) In doing so, school boards must ensure that the public is able to observe and hear each member’s discussion and deliberation. Public access to meetings may be provided via live-stream, internet, local radio, television, cable, or public channels, call-in information for a teleconference, or any other similar electronic technology.
If your board wishes to take advantage of the authorization to hold virtual meetings or hearings, the board should be careful to review board policy to determine whether current policy limits or prohibits virtual meetings or the authority of board members who attend virtually, and review policy regarding public participation to determine whether public comment can be accomplished in accordance with current policy. Some boards of education previously authorized virtual meetings through amended policy or resolution. It is advisable that boards revisit previous authorizations to determine whether they need to reauthorize authority to conduct virtual meetings and/or hearings and how public comment will (or will not) be achieved.