legal
New Brown Act requirements
Senate Bill 707 requirements went into effect Jan. 1, 2026
Close-up of a wooden gavel on a sound block next to a pair of black-framed glasses resting on legal documents.
In October 2025, Gov. Gavin Newsom signed Senate Bill 707 into law, which expanded and modernized the Ralph M. Brown Act (Government Code Section 54950), California’s open meeting law. The bill is lengthy and detailed and includes restoration of previously implemented provisions that were set to expire in 2026, reorganization of some provisions, modifications of others, and establishment of new requirements for certain governing bodies. This article provides a look at some of those components for local educational agencies to be aware of. To gain a full understanding of the bill and the changes it brings, CSBA recommends consultation with legal counsel such as CSBA’s District and County Office of Education Legal Services.
Teleconferencing reorganization and specification
Of the many changes made by SB 707, perhaps most notable is the reorganization of the various code Sections related to teleconferencing and remote participation in meetings. After the expanded use of these options due to the COVID-19 pandemic and various other emergencies, the modifications and specifications in SB 707 provide some clarity to this area of the law. More specifically:

  • Section 54953 specifies that teleconferencing is an option for legislative bodies to rely on so long as various requirements are met. This is nothing new and the requirements for use of teleconferencing remain the same. The Section now defines “remote” participation as a type of distinct teleconferencing option with specific requirements. Further, consistent with a previously issued California Attorney General opinion, Section 54953 was expanded to include specification that remote participation can be offered as an accommodation to individuals with disabilities.
  • New Sections 54953.8 – 54953.8.7 add to the details of teleconferencing by identifying situations when specific requirements for teleconferencing or remote participation may apply. For example, Section 54953.8.2(a) specifies that teleconferencing may be used in a proclaimed state of emergency or local emergencies subject to specific requirements. Section 54953.8.3 relates to remote participation by a member in situations of “just cause” and outlines the limitations on use of this remote participation option. The definition of a “just cause” includes various scenarios already added to the law under previous legislation and now includes “emergency circumstances” that previously stood alone. Importantly, as a result of “just cause” now including “emergency circumstances,” public officials have fewer opportunities to participate remotely because there is no separate set of instances available to participate for “emergency circumstances.”
  • Section 54953.8.6 outlines “eligible subsidiary bodies” that may utilize these teleconference options for their meetings as well.
  • Related to disruption, Section 54957.95 now recognizes that disruption can occur during a teleconference meeting and Section 54957.96 explains that disruption can come from an individual participating remotely.

It seems there may be an understanding by the Legislature that remote meeting options are not only a short-term solution to events such as the COVID-19 pandemic and other emergencies but instead are being considered as potentially more permanent. Many of the remote meeting provisions described have a sunset provision (expiration date) of 2030, but these timelines are notably longer than the single-year timeframes seen in the past.

Other miscellaneous changes
While a series of new requirements in Section 54953.4 do not apply to LEAs, as described below, many other revisions and additions to the Brown Act in SB 707 are relevant to LEAs. The following is an incomplete list of some of the changes made in this bill:

  • The exception to the public comment requirement in Section 54954.3, for example, was modified to narrow the circumstances in which the exception applies. Prior to SB 707, the exception allowed a legislative body to skip public comment on an item when the item has been previously considered at a meeting of a committee composed exclusively of members of the legislative body, provided all interested members of the public were afforded an opportunity to address the committee and the item had not been substantially changed since it was considered by the committee. Now, public comment on such an item may not be skipped if any of the following is true; there was a substantial change to the item, a quorum of the committee members did not participate in the meeting from a singular physical location as required, or the committee has primary subject matter jurisdiction over an item pertaining to elections, budgets, privacy or such other matters as specified.
  • Section 54952.2 contains a social media exception that allows officials to communicate with the public on social media without violating meeting laws that was set to expire in 2026. That sunset provision was removed in SB 707, allowing the social media exception to continue indefinitely.
  • Section 54953.5 was amended by removing references to specific types of recording devices, meaning the public’s right to record open meetings is affirmed and broadened because there is no limitation on what kind of recording is permitted.
  • Regarding meeting posting requirements, the exemptions found in Section 54956 were removed entirely, making special meeting posting requirements mandatory for all legislative bodies. Similarly, Section 54956.5, which relates to postings for emergency meetings, now applies to all legislative bodies.
Important distinction for “eligible legislative bodies” requirements
In an effort to increase public access and participation in meetings of “eligible legislative bodies” defined in Government Code Section 54953.4, SB 707 introduced a series of new requirements applicable to those specific entities. The definition of “eligible legislative bodies” is provided in the code Section and, notably, does not include LEAs. The new requirements related to language translation and two-way remote attendance and more apply only to a limited scope of public entities.

Overall, SB 707 updates the Brown Act with provisions that took effect on Jan. 1, 2026. CSBA’s Policy team will implement the appropriate changes into GAMUT and the sample policies, and the Legal Services team is ready to assist with specific questions related to implementation of this new law.