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8505 Executive Sessions

Adoption Date: 05/28/1964 Revised: 12/19/2002, 11/13/1975, 01/11/1979
8000 - Internal Board Policies
Board of Education Meetings
8505 Executive Sessions

All executive sessions shall be conducted during the course of an open meeting of the Board of Education. The Board of Education may, by a majority vote, convene in executive session to discuss any subject matter(s) permitted under the Open Meetings Law. Executive sessions may be requested by any member of the Board of Education or the Superintendent. Matters which may be considered in executive session are:

  1. Matters which will imperil the public safety if disclosed

  2. Matters which may disclose the identity of a law enforcement agent or informer

  3. Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed

  4. Discussion regarding proposed, pending or current litigation; if pending or current litigation, the name of the litigation shall be given

  5. Collective negotiations under the Taylor Law (Article 14, Civil Service Law)

  6. Medical, financial, credit or employment history of a particular person, student, firm or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person, student, firm or corporation

  7. The preparation, grading or administration of examinations

  8. The proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.

Other exemptions from the Open Meetings Law requirements include matters made confidential by federal or state law, such as meetings with the School Attorney, matters relating to students, and judicial or quasi-judicial proceedings, such as due process hearings and appeals to the Board of Education.

Matters which may only be considered in executive session are:

  1. Discussions concerning probable cause to bring disciplinary charges against a tenured employee (administrator, teacher, teaching assistant)

  2. Discussions concerning findings and/or placement of students by the Committee on Special Education or the Committee on Preschool Special Education.

Executive sessions are generally held for the purpose of discussion and all formal action must be taken in open session, except those actions which are required by law to be conducted in executive session.

The Board of Education may invite persons other than Board members into the executive session whose presence would be of relevance to the issue being discussed. While such person(s) would be able to provide testimony and pertinent information, such person(s) may not take part in discussions with the Board of Education of executive session items.

Persons attending executive sessions shall respect the confidential nature thereof and shall not disclose confidential information acquired at such executive sessions.

Minutes will not be made of executive session unless formal action is taken in executive session (e.g., voting upon §3020-a Education Law charges and voting upon the placement of students with disabilities).