(1) Regular meetings of the board of education of a school district shall be held at the time and place provided for in its bylaws. Special meetings may be called by the president at any time, and shall be called by him upon written request of a majority of the members of the board. (2) (a) The secretary of the board shall cause written notice of any special meeting to be mailed or delivered to each member of the board stating the time, place, and purpose of the meeting; if the notice is delivered, it shall be in the hands of the member no later than twenty- four hours prior to the hour set for the meeting, and if it is mailed, it shall be mailed no later than seventy-two hours prior to the hour set for the meeting. (b) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, if the department of education determines that a school district is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and the school district enrolls six thousand five hundred or fewer students in kindergarten through twelfth grade, the secretary of the board for the school district may comply with the provisions of paragraph (a) of this subsection (2) by delivering the written notice of a special meeting to each board member by electronic mail at least twenty-four hours before the hour set for the meeting. (3) Any member may waive notice of the time, place, and purpose of a special meeting at any time before, during, or after such meeting, and attendance thereat shall be deemed to be a waiver. (4) At any special meeting, no business other than that stated in the notice of said meeting shall be transacted, unless all members are present and shall consent to consider and transact other business. (5) (a) All regular and special meetings of the board shall be open to the public, but the board may require any person who disturbs good order to leave. At any regular or special meeting the board may proceed in executive session in accordance with the requirements of this paragraph (a) and paragraph (d) of this subsection (5). Only those persons invited by the board may be present during executive session, and the board shall not make final policy decisions while in executive session. At the special meeting of the board called pursuant to section 22-32- 104 (1), each board member shall sign an affidavit stating that the board member is aware of and will comply with the confidentiality requirements and restrictions applicable to executive sessions of the board, as described in section 24-6-402, C.R.S., regardless of whether the board member participates in the executive session in person or electronically in accordance with the board policy adopted pursuant to subsection (7) of this section. The school district shall keep and preserve the affidavits with the minutes of board meetings and other board documents. (b) The board shall make a recording of each regular and special meeting of the board at which votes are taken and recorded and shall make the recording available to the public. The board, at its discretion, shall use appropriate technology that is available within the school district at the time the recording is made and shall, at a minimum, make an audio recording. An individual or entity may request a copy of a recording and shall pay the costs the board incurs in providing the copy, pursuant to section 24-72-205, C.R.S. (c) The board shall institute a policy requiring, at a minimum, retaining recordings of board meetings made pursuant to this subsection (5) for a minimum of ninety days. (d) In the case of a meeting of a board of education during which an executive session is held, the minutes of the meeting must indicate the topic of the discussion at the executive session as well as the amount of time each topic was discussed while the board was meeting in executive session. The minutes along with the amount of time each topic was discussed must be posted on the website of the board not later than ten business days following the meeting at which the minutes are approved by the board. If the board does not maintain a website, the minutes must be published in the same manner as the board regularly provides public notice. The board shall comply with all other requirements pertaining to the holding of a meeting in executive session including, without limitation, those specified in section 24-6-402 (2)(d.5)(II)(A), C.R.S. (e) Notwithstanding section 24-6-402 (2)(d.5)(II)(E), C.R.S., the record of an executive session of a board of education that is electronically recorded pursuant to section 24-6-402 (2)(d.5)(II)(A), C.R.S., including, without limitation, the actual electronic recording of the executive session, must be retained for at least ninety days after the date of the executive session. (6) All voting at any meeting shall be by roll call. The names of the members shall be called alphabetically, and each member present shall orally vote "Aye" or "No" upon each question unless excused from voting by the board for good cause. Election of the president and vice-president may be by secret ballot. (7) (a) The board may adopt a policy authorizing board members to attend and participate in regular or special meetings electronically. At a minimum, the policy must ensure that a meeting at which one or more board members participate electronically is open to the public and that the members who participate electronically are included in the recording made in accordance with paragraph (b) of subsection (5) of this section. A member who participates electronically in conformance with the policy is considered present for purposes of subsections (4) and (6) of this section. (b) It is the intent of the general assembly that a board that adopts a policy authorized in subsection (7)(a) of this section to allow board members to attend and participate electronically in regular or special board meetings ensures that the policy: (I) Requires a quorum of the board, including members physically present and members attending electronically, to convene a meeting; (II) Allows members of the board to attend the meeting electronically only when there are extenuating circumstances, as described in the board's policy; (III) Leaves discretion to the board to decide the maximum number of board meetings that a member may attend electronically before the member's position is declared to be vacant; (IV) Requires the board to have technology in place that ensures that members of the public can hear the comments made by a board member who attends the meeting electronically and that the board member can hear comments made by the public; (V) Clearly describes the methods by which a board member may attend a meeting electronically, which methods may include attendance via telephone, video conferencing, or other electronic means; and (VI) Requires the board to have a procedure in place to ensure that a board member who attends the meeting electronically has real-time access to any materials that are presented and available to members who are physically present at the meeting.
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