School board agrees to split public comment: agenda items on camera, nonagenda moved off-camera; 3 minutes per session

Brevard County School Board members debated proposed changes to the district's public-participation policy at a Feb. 11 work session and provided staff direction to split public comment into two parts, to give speakers three minutes for each part, and to stop live broadcasting during the non-agenda portion of meetings.

The board discussed a Neola-drafted policy update and a district-modified draft. Several board members urged expanding, not restricting, public engagement and recommended clarifying definitions for decorum, relevant topics and signage. Legal counsel and district staff explained that the word "reasonable" is commonly used in local policies (and appears in statute-language guidance) and that districts may adopt decorum rules to prohibit obscene or inciting language while remaining mindful of recent court decisions limiting viewpoint discrimination.

After extended discussion, the chair asked for clearer operational guidance for that evening's meeting. The board directed staff to implement the following approach for meetings going forward and for the present meeting: public comment will be split into (1) agenda-item public comment (before or at the time each agenda item is considered) and (2) non-agenda public comment (after the business portion). Each speaker may use up to three minutes in each public-comment period. The board also directed that the non-agenda comment period will not be broadcast (the livestream will be paused) and staff were asked to prepare final policy language reflecting those operating rules. The board asked that staff keep a signup process that allows speakers to register up until the beginning of the first public-comment period.

District counsel explained that the school board may adopt decorum standards and that the policy should include clear definitions of irrelevant or disruptive remarks and guidance about profanity and incitement, while remaining consistent with court rulings on viewpoint discrimination. Some board members asked staff to remove an explicit citation to FCC broadcast rules from the draft because the rules apply primarily to broadcast television and the board preferred to rely on district decorum definitions.

The board did not take a formal vote to adopt a final policy at the work session; instead it provided direction to staff to revise the draft to reflect the operating approach above and to return a clean policy for formal consideration. Staff said they will prepare revised policy language and implementation guidance for an upcoming board meeting.