Charter school boards in Utah operate within a framework of laws designed to ensure transparency and accountability in decision-making. One such framework is the Utah Open and Public Meetings Act (OPMA), which mandates that the public has access to the workings of governmental bodies, including charter school boards. Compliance with this law not only builds trust with stakeholders, but also avoids legal pitfalls. Recent amendments and evolving practices in virtual meetings, use of digital tools and meeting notifications make it essential for charter boards to stay updated. This article explores the essentials of OPMA and the practical steps for charter schools to comply with a focus on new updates. THE PURPOSE OF UTAH’S OPEN AND PUBLIC MEETINGS ACT Charter school boards are required to follow this act in order to maintain transparency. The law mandates that meetings be open to the public, adequately noticed and that minutes be recorded. In recent years, amendments have added clarity to how these meetings can be conducted electronically, as well as how boards can use tools like email and collaborative platforms while staying compliant. RECENT CHANGES TO THE OPEN AND PUBLIC MEETINGS ACT Virtual Meetings and Electronic Communication One of the most significant areas of evolution in OPMA pertains to electronic meetings. In response to the growing need for flexibility, especially post-pandemic, Utah lawmakers have expanded provisions allowing public bodies to meet electronically. These changes are vital for charter schools that often have board members spread across different regions and occasionally need to make decisions outside of in-person meetings. Electronic Meetings The law allows boards to hold electronic meetings if certain conditions are met. The board must adopt a resolution, rule or ordinance allowing for electronic meetings and must provide public notice that the meeting will be conducted electronically, specifying how the public can attend or participate. This may include teleconferencing, video conferencing platforms like Zoom or other digital tools. • Public Participation: It’s essential that the public is given a reasonable opportunity to attend or comment during electronic meetings. Boards should ensure the platform used allows this level of interaction. Use of Email and Collaborative Documents While emails and platforms like Google Docs can be convenient for drafting documents and working on agendas, they must not be used as substitutes for public meetings. Recent guidance emphasizes that substantive discussion or decision‑making on public matters through emails or collaborative documents is a violation of OPMA. Charter boards should avoid “working meetings” through digital tools unless properly noticed and open to the public. NOTICING AND POSTING REQUIREMENTS OPMA places strict guidelines on how and when public bodies, including charter school boards, must notify the public of their meetings. Properly noticing a meeting 21
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