Board removes clause allowing closed discussion of appropriations in USDB standing committee bylaws

The Utah State Board of Education voted to remove language in a draft of board bylaws (Article 8, draft 1) that would have allowed the USDB standing committee to go into closed session to discuss matters that might affect specific individuals or appropriations. The motion to strike the clause was offered by Board Member Hart and carried on a roll call vote.

Board members debated whether standing committees are subject to the state Open and Public Meetings Act (OPMA) and whether a bylaw should permit closed deliberations on budgetary matters. Vice Chair Wood argued the draft bylaw sought to allow closed sessions only for personally identified student matters (for example, IEPs) but not for appropriations; Board counsel clarified that standing committees are not strictly subject to OPMA but that the board’s bylaws had explicitly required standing committees to be open to the public. Several members said transparency should be the default unless law or explicit exceptions require otherwise.

The motion to strike the contested provision passed by voice and roll call; the chair recorded the result as 13 in favor with two members absent. The board then approved the full bylaws draft 1 as amended; the final motion to approve the bylaws as amended passed with members Davis and Boggess absent.

Board members said they wanted committees and staff to err on the side of openness. “Everything should be in the sunshine unless there’s a reason for it,” said Board Member Hart during debate, arguing that budgeting and appropriations are public matters.

The board directed staff and its general counsel to produce the final ordinance text reflecting the amendment and to ensure committee procedures comply with state law.