School Board of the City of Virginia Beach
Bylaw 1-48

SCHOOL BOARD BYLAWS

Decorum and Order-School Board Meetings

A. It is the intent of the School Board, ("hereinafter Board") by adoption of this Bylaw, to ensure that the affairs of the Board and Board Committees may be conducted in an open and orderly manner, that all persons desiring to address the Board are afforded an opportunity to do so in the order in which they sign up to speak, that persons in attendance may observe and hear the proceedings of the Board without distraction, and that the members of the Board and Board employees are able to transact the business of the Board with minimal disruption.

B. Persons addressing the Board shall:

1. Confine their comments to matters germane to the business of the School Board of the city of Virginia Beach.

2. Refrain from words or statements which, from their usual construction and common acceptance, are construed as insults and tend to violence or breach of the peace.

3. Refrain from obscenity, vulgarity, or other breach of respect.

4. Comply with the time limits for public comment set forth in Bylaw 1-47.

5. Refrain from cumulative or repetitive remarks for the reasons identified in Bylaw 1-47.

C. During the public comment portion of the agenda, the School Board shall not entertain comment regarding any pending student discipline or employee grievance matters. The appropriate forum for such matters is the applicable administrative hearing provided by State law or, where appropriate, court proceeding.

D. Expressive activities including, but not limited to, petitioning, picketing, displaying signs or posters, solicitation, demonstrating, pamphlet distribution, and conducting polls shall not be permitted in the Board chambers, the Board conference room, the waiting areas and corridors adjacent to the chambers and conference room, the School Board administration building, or any school building in which the Board is meeting.

E. This bylaw does not preclude persons addressing the Board from delivering the Board or its clerk written materials including reports, statements, exhibits, letters, or signed petitions. Nor does this bylaw preclude those addressing the Board from using a chart or graph during their verbal presentation. Furthermore, nothing herein shall be interpreted to prohibit citizens from addressing oral or written comments or complaints on any subject germane to the business of the Board to the Board, its constituent members, the clerk of the Board or school administration outside the context of the public meeting.

F. The Chairman or other presiding officer shall preserve decorum and shall decide all questions of public order, subject to appeal to the Board.

G. No person attending a meeting of the School Board, in any capacity, shall use or allow to sound, any electronic telecommunications device such as a cell phone or beeper within the room in which the Board is meeting. Notice of this restriction shall be posted by the Board Clerk, at any door to any room in which the Board is to meet, at least thirty (30) minutes prior to the scheduled start of any Board meeting.

H. At the request of the Chairman or Superintendent, a city police officer shall act as sergeant-at-arms at all Board meetings. That officer shall, under the direction of the Chairman or other presiding officer, have charge of the Board chambers, the Board conference room, the waiting areas and corridors adjacent thereto, and the school administration building, and shall prevent disorder or interruption of the business of the Board.

Editor's Note

See Bylaw 1-47 Public Participation; Division Policy 7-16 Expressive Activities

Legal References:

Sa'ad El-Amin v. Roy A. West, No. 88-0278 (E.D. Va. August 9, 1988)

Red Lion Broadcasting Co. v. FCC, 395 U.S. 367

Parents, Alumni and Friends of Taylor School v. City of Norfolk, 37 F. Supp.2d 435 (E. D. Va. 1999)

Scroggins v. City of Topeka, 2 F. Supp.2d 1362 (D. Kan. 1998)

Code of Va., § 8.01-45. Action for insulting words.

U.S. v. Kokinda, 497 U.S. 720 (1990).

Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus Inc. 482 U.S. 569 (1987).

Code of Va., § 18.2-415. Disorderly Conduct in Public Places.

Virginia Beach City Code § 23-14. Disorderly Conduct in Public Places.

Bach v. School Board of the City of Virginia Beach, U.S.D.C. (E.D. Va.), decided May 3, 2001, Case No. 200cv516.

Adopted by School Board: January 20, 1998
Amended by School Board: August 17, 1999
Amended by School Board: October 17, 2000
Amended by School Board: February 20, 2001
Revised by Order of United
States District Court
Eastern District of
Virginia: May 18, 2001