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Laws to Know

School board government 101

The Open Meetings Act

The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations where the law authorizes the public body to close a meeting.

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Freedom of Information Act

FOIA is an open-government law grounded in the principle that the public should be able to access public records and information about the workings of their government.

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Open Meetings Act

  • What is the Open Meetings Act (OMA)? The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting. OMA also provides that the public must be given advance notice of the time, (48 hours) place and subject matter of the meetings of public bodies. 
  • How many members of the public body have to be present at a “meeting” before OMA requirements apply? A “meeting” under OMA is a gathering of a majority of a quorum of the members of a public body for the purpose of discussing public business. For example, for a 7-member board with a quorum of 4, a majority of the quorum would be 3. Under OMA, 5-member bodies have a 3-member quorum and require the affirmative vote of 3 members to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required. A quorum number of these members cannot meet prior to the public meeting and make decisions regarding items that will be voted on.
  • Before a public body takes a vote on an issue at a meeting, what must it do? Any vote, or final action, must be preceded by a public recital of the nature of the matter being considered and any other information that will inform the public of the business being conducted.
  • If an item is not listed on the posted agenda for a regular meeting, is the public body prohibited from taking action on the item at that meeting? Yes. OMA permits discussion during regular meetings of items not specifically set forth on the agenda. The Open Meetings Act, however, does not permit the taking of a vote on such a matter at that meeting.
  • Is a public body required to provide members of the public with a copy of its “board packet” at an open meeting? No. At the time of an open meeting, a public body is not required to disseminate or provide the public with copies of its “board packet” or reference information. It is important to note, however, that the information contained within a “board packet” is subject to the Freedom of Information Act and a member of the public can request copies of that material through FOIA. PUBLIC NOTICE OF A MEETING 
  • What is public notice? Giving public notice means providing the date, time and location of a meeting. When and how does a notice of a regular meeting have to be provided by a public body? At the beginning of each calendar or fiscal year, every public body must create and make available to the public the schedule for regular meetings that year, including the dates, times, and locations of the meetings. Notice shall be given by posting a copy of the notice at the principal office of the body holding the meeting or, if no such office exists, at the building in which the meeting is to be held. If the public body has a website maintained by its own full-time staff, then notice of all meetings must also be posted on that website. If the public body changes the regular meeting schedule (as opposed to a particular meeting), it must give 10 calendar day’s notice of the change by publicizing the change in the newspaper and by posting information concerning the schedule change at the principal office of the public body. The public body must post an agenda (see below) for the particular meeting at the main office of the public body, at the location of the meeting, and on the public body’s website (if it has a website maintained by its own full-time staff) at least 48 hours in advance of the meeting. 

What is a "public body?"

A "public body" covered by OMA includes all legislative, executive, administrative or advisory bodies of the following:

• the state

• counties

• townships, cities, villages or

    incorporated towns

• school districts

• all municipal corporations

How is a board meeting is conducted?

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

Can the agenda be changed? A public body cannot change the agenda less than 48 hours before the meeting. Can the public body take action on items not on the agenda of regular meetings? No. While the public body can discuss items that are not on the agenda of a regular meeting, the public body cannot take action or make any decision with regard to items or topics not on the agenda of a regular meeting. It is important to note that at a special or emergency meeting, unlike a regular meeting, a public body cannot even discuss items that did not appear on the agenda for the special or emergency meeting.

Is a public body required to allow a member of the public to speak at an open meeting?

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

The Open Meetings Act requires that public bodies give members of the public an opportunity to speak at a public meeting. Public bodies are authorized to adopt rules regarding the public comment portion of a meeting. Such rules may limit the time allotted for the public to speak. One example of a rule for the public speaking portion is to limit public participation to 30 minutes long. If you disagree with the rule, direct that opinion to the school board as well, for a consideration to change!

Time and location of a meeting. When and where does an open public meeting need to be held?

What is an agenda? An agenda is a list of the items to be acted upon or discussed during a meeting.

Time and location of a meeting. When and where does an open public meeting need to be held?

●   A public body must hold a meeting at a specific time and place that is convenient and open to the public. A public body cannot hold a meeting on a public holiday, unless the regularly scheduled meeting falls on that holiday. 

●  Recording of a meeting? May a member of the public record an open meeting? Yes. Any member of the public can record the meeting by tape, film, or other means, subject to some reasonable restrictions.

Is the public body required to take minutes of its open meetings? Yes. The minutes must include:  the date, time and place of the meeting;  a list of the members present and absent from the meeting, and whether they attended in person, by phone, or by video;  a summary of the discussion of all matters proposed, deliberated, or decided; and  a record of any votes taken. It is important to note that subsidiary bodies of public bodies (such as committees and subcommittees) are also required to take minutes of meetings.

What portion of a meeting can be in closed session?

If a member of the public believes that a public body has violated the open meetings act...

Time and location of a meeting. When and where does an open public meeting need to be held?

●   Discussion of hiring, firing, or salary compensation of an individual

●  Legal proceedings pending, or to be considered

●  The sale of real estate


No other topics can be discussed in closed session. Members of the board are required to keep confidential information brought forward in closed session, until such item is to be approved at a board meeting. 

If a member of the public believes that a public body has violated the open meetings act...

If a member of the public believes that a public body has violated the open meetings act...

If a member of the public believes that a public body has violated the open meetings act...

...he or she can take action. Here is what you need to know. What can a member of the public do if he or she thinks the public body has violated OMA? Within 60 calendar days from when the alleged violation occurred, a member of the public can file a Request for Review of the matter with the Public Access Counselor at the Office of the Attorney General, or can bring a civil action in circuit court against the public body. In addition, the State’s Attorney of the county in which the alleged violation occurred may bring a civil action in circuit court within 60 calendar days after the violation occurred or within 60 calendar days of the discovery of the violation by the State’s Attorney. What is a Request for Review? A Request for Review is a letter sent to the Public Access Counselor which lays out the basis for an alleged violation of OMA. The request must be made in writing, must be signed by the requester and must include a summary of the facts supporting the allegation. For more details on the Request for Review process, click below

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What are the penalties that a public body may incur if it violates the Open Meetings Act?

If a member of the public believes that a public body has violated the open meetings act...

If a member of the public believes that a public body has violated the open meetings act...

Criminal Penalties: Under the law, a State’s Attorney may bring a criminal action for a violation of the Open Meetings Act. A violation of OMA is a Class C misdemeanor, which is punishable by up to 30 days in jail and a fine of up to $1,000. Civil Penalties: In a civil lawsuit for a violation of OMA, a court may take a number of actions, including (1) ordering a public body to conduct an open meeting, (2) granting an injunction against future violations by the public body, (3) ordering the public body to make available to the public the minutes of a closed meeting, (4) declaring null and void any final action taken at a closed meeting in violation of OMA, or (5) 

awarding any other relief that the court deems appropriate. The court also may require the public body to pay the attorney’s fees and costs of the person who filed the civil lawsuit alleging the OMA violation.

Read the full law here

THE FREEDOM OF INFORMATION ACT

What is the Freedom of Information Act (FOIA) in Illinois?

FOIA is an open-government law grounded in the principle that the public should be able to access public records and information about the workings of their government.

FOIA provides that the people are entitled to full and complete information regarding government affairs and the official acts and policies of those who represent them as public officials. Such access is necessary to enable people to monitor government to ensure that it is being conducted in the public interest.

Unless a specific exemption applies, public bodies must allow public access to all public records.


How do I file a Freedom of Information Act request?


A truly transparent government will offer all records on an online portal, which makes access direct to the public.


If the information you seek is not available online, you should file a FOIA. A Freedom of Information Act request must be made in writing and submitted to the Department’s Freedom of Information Officer, that has been designated in each government body. The officer fills or denies the information request. 

Sometimes there is a form designated for your use, but any written document that includes the following information would be acceptable:

  • Your name 
  • Organization, if applicable
  • Mailing address (Required if seeking paper copies)
  • A phone number where you can be contacted for questions
  • E-mail address (Required if seeking electronic copies of records)
  • A clear description of the records you are requesting (Required) (FOIA is not intended as a medium for answering questions. Questions should be directed to the appropriate Department staff for response.)

What can you get with a FOIA request?

FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government.

SAMPLE FOIA REQUEST LETTER

re is a sample letter for filing a FOIA request regarding the purchase or distribution/ identified in a curriculum regarding Critical Race Theory materials, book and texts. Your request must be specific in nature, and may need dates of such action to narrow your request down.


   SAMPLE FOIA REQUEST LETTER

To: Sandy Sims, FOIA officer SD 1010

From: Mary Jones, 612 Democracy Street, Mytown Il 

Organization: Self

Phone: 444-222-8899, email: mjones@email_address

This is a FOIA request.  Please produce the following documents.

  1. Documents sufficient to identify any required reading materials for history, government and English classes, including text books.
  2. Documents sufficient to identify or describe any training programs and materials relating to the CULTURALLY RESPONSIVE TEACHING AND LEADING STANDARDS FOR ALL ILLINOIS EDUCATORS mandate, in  https://www.isbe.net/Documents/23-24RG-P.pdf.  Without limitation, this request seeks documents that identify the funding sources for any such training, the providers for any such training and any materials that describe the substance, content or curriculum for any such training, such as described in https://www.isbe.net/Documents/CRTL.pdf
  3. Documents sufficient to describe any role that the CARE team may plan in the implementation of any CRT in District 1010

Sincerely, 

Mary Jones

1 S Main

Middletown, IL 

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Curriculum FOIA letter (pdf)

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