CALIFORNIA STATUTES AND CODES
SECTIONS 72121-72129
EDUCATION CODE
SECTION 72121-72129
72121. Except as provided in Sections 54957 and 54957.6 of the
Government Code and in Section 72122 of, and subdivision (c) of
Section 48914 of, this code, all meetings of the governing board of
any community college district shall be open to the public, and all
actions authorized or required by law of the governing board shall be
taken at the meetings and shall be subject to the following
requirements:
(a) Minutes shall be taken at all of those meetings, recording all
actions taken by the governing board. The minutes are public records
and shall be available to the public.
(b) An agenda shall be posted by the governing board, or its
designee, in accordance with the requirements of Section 54954.2 of
the Government Code. Any interested person may commence an action by
mandamus or injunction pursuant to Section 54960.1 of the Government
Code for the purpose of obtaining a judicial determination that any
action taken by the governing board in violation of this subdivision
or subdivision (b) of Section 72129 is null and void.
72121.5. It is the intent of the Legislature that members of the
public be able to place matters directly related to community college
district business on the agenda of community college district
governing board meetings, and that members of the public be able to
address the board regarding items on the agenda as such items are
taken up. Governing boards shall adopt reasonable regulations to
insure that this intent is carried out. Such regulations may specify
reasonable procedures to insure the proper functioning of governing
board meetings.
This subdivision shall not preclude the taking of testimony at
regularly scheduled meetings on matters not on the agenda which any
member of the public may wish to bring before the board, provided
that no action is taken by the board on such matters at the same
meeting at which such testimony is taken. Nothing in this paragraph
shall be deemed to limit further discussion on the same subject
matter at a subsequent meeting.
72122. The governing board of a community college district shall,
unless a request by the student has been made pursuant to this
section, hold closed sessions if the board is considering the
suspension of, or disciplinary action or any other action in
connection with any student of the community college district, if a
public hearing upon the question would lead to the giving out of
information concerning students which would be in violation of state
or federal law regarding the privacy of student records.
Before calling a closed session of the governing board of the
district to consider these matters, the governing board of the
district shall, in writing, by registered or certified mail or by
personal service, if the student is a minor, notify the student and
his or her parent or guardian, or the student if the student is an
adult, of the intent of the governing board of the district to call
and hold the closed session. Unless the student, or his or her
parent, or guardian shall, in writing, within 48 hours after receipt
of the written notice of intention, request that the hearing of the
governing board be held as a public meeting, then the hearing to
consider those matters shall be conducted by the governing board in
closed session. If the written request is served upon the clerk or
secretary of the governing board, the meeting shall be public except
that any discussion at the meeting that might be in conflict with the
right to privacy of any student other than the student requesting
the public meeting or on behalf of whom the meeting is requested,
shall be in closed session. Whether the matter is considered at a
closed session or at a public meeting, the final action of the
governing board of the community college district shall be taken at a
public meeting and the result of that action shall be a public
record of the community college district.
The governing board of a community college district may hold
closed sessions to consider the conferring of honorary degrees or to
consider gifts from a donor who wants to remain anonymous.
72129. (a) Special meetings may be held at the call of the
president of the board or upon a call issued in writing and signed by
a majority of the members of the board.
(b) A notice of the meeting shall be posted at least 24 hours
prior to the special meeting and shall specify the time and location
of the meeting and the business to be transacted and shall be posted
in a location that is freely accessible to members of the public and
district employees.
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