I’m concerned about how our local Board of Education handled its recent budget process. At a March 6 meeting, the business manager gave a budget presentation that wasn’t included with the agenda posted online or available at the meeting. When I asked for a copy, I was told it would be posted “tomorrow.” A slideshow was shown during the meeting, but it was hard to follow in real time.
The board plans to vote on the 2025–2026 budget at its next meeting on April 3. When I asked when the public could see the proposed budget, I was told it would only be available after the board adopts it. Is that legal? Doesn’t the agenda – posted at least 24 hours before the meeting – need to include key materials like a proposed budget?
Another concern: the public hearing on the budget is scheduled for May 6 – over a month after it’s adopted. That seems to undermine the purpose of the hearing. If the budget can’t be changed after adoption, how can the public meaningfully weigh in?
Also, I noticed the board has been entering executive session to discuss budget cuts. I reviewed the legal reasons for holding executive sessions, but I’m not sure budget decisions qualify. Can a board legally go into executive session to talk about cuts to positions—without naming individuals?
Thank you for your questions.
The Open Meetings Law does apply to school districts. If a copy of the budget presentation was included in the board members’ meeting packet, it should have been made available to the public—ideally by posting it online. However, it’s possible that the board members themselves did not receive the presentation in advance.
I am not fully familiar with the school district budget process. The link below from the New York State School Boards Association outlines the timeline and requirements for school board budget procedures. Since you mentioned referencing their information, they may be the best source for detailed guidance.
NYSSBA Budget Timeline 2025 (PDF)
I’m not certain whether school boards adopt a preliminary budget before holding a public hearing, followed by final adoption. That detail may vary by district, but the School Boards Association should be able to clarify.
Regarding the use of executive sessions to discuss budget cuts: in my opinion, such discussions should not take place behind closed doors. The public has a right to observe and participate in conversations about budget priorities and potential cuts. Below is a legal opinion from the New York State Committee on Open Government that affirms budget discussions are generally not a valid reason for entering executive session:
COOG Advisory Opinion – Budget Discussions in Executive Session
Let me know if you need help filing a FOIL request or raising these concerns with the appropriate authorities.
