School District agenda packets

School District agenda packets

Q: I have submitted a phone request to my local School District for copies of the Board Packet.  I was refused, stating that “it was not their policy.”  I then sent a Certified Letter citing legal references and demanding the documents.  They are still delaying and refusing.

A: If it’s the former, it appears that the School District is violating the Brown Act and the Public Records Act.  The Brown Act expressly provides that citizens may request that a copy of the agenda packet be mailed to him or her.  (Government Code section 54954.1, reproduced below.)  In addition, the Brown Act provides that any documents distributed to all or a majority of the members of a public body must be provided to the public (unless exempt from disclosure under the Public Records Act). (Government Code section 54957.5, reproduced below.)  Agenda packets consist of the documents distributed to the public body, so they must be provided to the public upon request, except to the extent that they contain documents exempt from disclosure under the specified provisions of the Public Records Act.