School board reviews draft public‑comment rules that would bar remarks about pending litigation and named employees

At a May 8 work session, the Orange County School Board reviewed proposed changes to policy BEDH that would codify how the district runs its public comment periods and bar speakers from addressing pending litigation or commenting on the behavior or academic performance of individual students and employees.

The revisions formalize a pilot the district has been using: the “open public comment period” would begin one hour before a regularly scheduled meeting and conclude no later than 45 minutes after it starts. Members of the public who want to speak before the board are asked to email publiccomment@ocps by 5 p.m. the day before the meeting so staff can compile submissions for board members to review.

General counsel John Palmerini, who presented the draft, said the rules also set how long each speaker gets depending on total turnout and a priority order for who may speak. "If we have between 1 and 10 speakers, they'll each get 3 minutes; between 11 and 20, 2 minutes; 21-plus, 1 minute," Palmerini said. He also outlined a three‑tier signup priority: parents, legal guardians, students and employees are priority 1; Orange County residents are priority 2; non‑residents are priority 3.

Why it matters: the board framed the drafting as an attempt to balance free‑speech rights and operational needs. Palmerini said the draft responds to a recent federal case the board had discussed previously and aims to avoid viewpoint discrimination. "This would prohibit both good and bad comments," Palmerini said of the proposed language that would bar remarks about individual employees and students. He added the ban would cover both praise and criticism so the board would not be subject to selective approval of praise while excluding criticism.

Other key provisions in the draft

- No telephone call‑in comments. The draft removes a COVID‑era provision permitting telephone comment and instead relies primarily on an electronic signup system, with paper cards as backup if the system fails. - Three designated employee groups — the Orange County Classroom Teachers Association, Orange Education Support Professionals Association and the Orange County Association of School Administrators — would each have the option to speak for three minutes during the regular agenda period if they choose. - A "code of civility" is retained but limited so it does not conflict with speakers' First Amendment rights; the policy text states speakers must abide by the code of civility "to the extent it does not conflict with the right of a speaker to state his or her viewpoint consistent with current federal law."

Board members asked clarifying questions about scope and enforcement. Member Gallo asked whether board members themselves would still be able to praise principals or teachers during board remarks; Palmerini replied the restriction is aimed at members of the public during the open public comment period, not routine board remarks. Member Felder and others said they supported the change because the district already has administrative complaint channels for personnel issues.

Separately the board discussed a related operational safety provision restricting congregating in the lobby or at the back of board chambers. Superintendent Dr. Vasquez said the language was added originally during the pandemic after staff reported being approached aggressively and that security must sometimes manage staging for large recognitions. Palmerini said he would draft alternative wording to clarify that, when there is seating available in the boardroom, the expectation is that attendees will be directed inside, and that exceptions can be made by the superintendent for operational reasons.

No action was taken at the work session. Palmerini said he would circulate revised wording on the lobby/congregation language to the board for review ahead of the next regular meeting.