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Public Access
The subjects explained here include some of the most frequently asked questions
concerning public access and other California Education Code (EC) sections.
Public Records Act—Government Code Section 6250 et seq.
Public records include any writing containing information related to the conduct of the
public business that is prepared, owned, used, or retained by any state or local agency,
regardless of the physical form or characteristics of the public business. Public records
are open to inspection at all times during the office hours of the state or local agency.
Every person has a right to inspect any public record and obtain a copy for a fee unless,
pursuant to specific statutory standards, it may be kept confidential. Agency regulations
may be adopted stating the procedures to be followed when making records available.
Open Meetings (Brown Act)—Government Code Section 54950 et seq. and
EC sections 35145 and 35145.5
Generally, public agencies are required by law to conduct their business in an open
forum. However, the Legislature recognizes the need for these agencies to meet, on
occasion, in private forum. For example, certain matters concerning personal privacy of
public employees or litigation strategy are more appropriately discussed in a closed,
rather than open, session.
Agencies are required to provide agendas at least 72 hours prior to each regular
meeting; the agenda must contain a brief description of each item to be considered.
Local bodies are required to take steps to ensure public participation in the meetings.
Minutes shall be taken and are public records. Boards shall adopt regulations governing
the procedures to be followed to (1) ensure that members of the public may place items
on the agenda for consideration; and (2) permit the public to address the board
regarding items on the agenda as they are deliberated. These regulations shall not
preclude the board addressing matters not on the agenda that a member of the public
wishes to bring before the board, provided that no action may be taken on such matters
at the same meeting at which the testimony is taken.
Civic Center Act—EC Section 38130 et seq.
Every public school facility is considered a civic center where citizens, schoolcommunity
councils, and clubs, as well as senior, recreation, education, political,
artistic, and other organizations, may meet. The school district may grant the use of the
school facilities and grounds upon certain terms and conditions deemed proper by the
governing board, subject to specified limitations, requirements, and restrictions set forth
within the law.
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