Follow up on SB 707: Local Educational Agencies Are Not Subject to Certain New Brown Act Meeting Requirements

Lozano Smith Client News Brief
June 24, 2026
Number 18

While Senate Bill (SB) 707 introduced significant changes to the Ralph M. Brown Act (Brown Act), as discussed in our 2025 Client News Brief Number 59, not all changes applied equally to all public agencies.  This has caused some confusion.  Only “eligible legislative bodies” defined as a city council, a county board of supervisors within a particular population size, or a board of directors of a special district having an internet website satisfying certain conditions, are subject to certain new requirement, including the requirement to telecast their meetings.  By contrast, Local Educational Agencies (LEAs), such as school districts, community college districts, and county offices of education will only be required to telecast their meetings under limited circumstances and most of their public meetings can remain entirely in-person. 

Changes affecting all public agencies

The Brown Act has long authorized teleconference participation for members of a legislative body who need to attend a meeting remotely.  Historically those provisions required that (1) the agenda must be posted at all teleconference locations, (2) all teleconference locations must be open and accessible to the public, and (3) at least a quorum of the members of the legislative body must participate from a location within the boundaries of the agency.  Commencing in 2023, an alternative procedure allowed the public agency to avoid posting all teleconference locations and making those locations open to the public, in specified circumstances including during a proclaimed state of emergency, or where a member has “just cause” or an “emergency” basis for attending remotely, conditioned on the legislative body providing means for the public to remotely attend, participate, hear, and visually observe the meeting. 

SB 707 combines what used to be the “emergency” exception with the “just cause” exception, so that both now fall under “just cause,” and extends the alternative teleconferencing procedures indefinitely.  Also, when proceeding under the new alternative teleconferencing provisions, a legislative body must allow the public to remotely hear and visually observe the meeting by providing either a two-way audiovisual platform, or a two-way telephonic service together with a live webcasting. 

Changes not applicable to LEAs

Outside of these teleconferencing provisions, SB 707 did not require LEAs to telecast all meetings.  By contrast, beginning July 1, 2026, eligible legislative bodies (which do not include LEAs) must make all public meetings hybrid, where the public may either attend in person or remotely through a two-way telephonic or audiovisual platform.  At these non-LEA, hybrid telecast meetings, members of the public attending a meeting via teleconference or audiovisual platform must be permitted to make public comments with the same time allotment as those attending the meeting in person. 

LEAs are only required to provide a means for the public to remotely attend, participate, hear, and visually observe the meeting when a legislative body member is also appearing remotely.  LEAs are not required to offer hybrid public meetings or remote attendance outside the teleconferencing exception.  The same technology used for hybrid public meetings of eligible legislative bodies, may be used by LEAs to comply with their teleconferencing requirements (when those requirements are triggered).

Additionally, unlike eligible legislative bodies, LEAs are not required to translate the agenda for each meeting into all “applicable languages.”  “Applicable languages” are those spoken by 20% or more of the applicable population, provided that 20% or more of the population speaks English less than “very well.”  Eligible legislative bodies must post the translated agenda at least 72 hours prior to a regular meeting.

Takeaways.

While SB 707 significantly expands public access requirements under the Brown Act, LEAs are not subject to the same requirements placed on other public agencies to hold hybrid public meetings.  Local Educational Agencies may wish to review and revise policies and procedures regarding teleconference / remote participation requirements to ensure compliance with SB 707. 

If you have any questions about SB 707 or seek guidance related to the Brown Act, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide.  You can also subscribe to our podcast, follow us on Facebook and LinkedIn, or download our mobile app.
 
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Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.