Mallory P. Nordberg
Attorney
Kennedy & Graven, Chartered
Carlos Soto-Quezada
Attorney
Kennedy & Graven, Chartered

Minnesota school boards play a critical role in the functioning and administration of the school districts they serve. As the governing body of a school district, the board establishes official rules and policies, approves budgets, evaluates superintendent performance, and set long-term goals and strategic planning. To promote transparency and accountability in these functions, school boards are required to hold their meetings open to the public, subject to limited exceptions.

Because of rapid advances in technology and a dash of pragmatism, since 2011, the Minnesota Legislature amended Minnesota’s open meeting law to allow open meetings to be conducted using interactive technology. “Interactive technology” is a catchall term intended to mean a device, software program, or other application which allows individuals in different physical locations to see and hear one another synchronously.

Should school boards choose to use interactive technology to host open meetings, they should bear the following requirements in mind.

First, at least one member of the body must be physically present at the regular meeting location. All members of the board who participate in the meeting must be able to see and hear one another, and see and hear any and all discussion and testimony presented at any location where another member is present. The members of the public must be able to see and hear all discussion, testimony, and votes of members of the board. Finally, all votes need to be conducted via roll call so each member’s vote on each individual issue can be identified and recorded.

Second, each member at an open meeting conducted via interactive technology is considered present at the meeting for purposes of establishing a quorum.

Third, if a board intends to use interactive technology to conduct an open meeting, it must provide notice of both the regular meeting location and that some board members may participate in the meeting via interactive technology. To the extent practicable, when using interactive technology, school boards should endeavor to have an individual monitor the meeting electronically from a remote location to ensure there are no issues with the sound, video, or access to the meeting for other individuals attending remotely.

Finally, the minutes for a meeting conducted via interactive technology must state the names of the members appearing via interactive technology and the reasons why they are appearing via interactive technology. For example, if a member is using interactive technology because they are travelling, the minutes must reflect this.

Moreover, as of 2025 updates to Minnesota’s open meeting law, board members who appear via interactive technology do not need to be in a place that is open and accessible to the public. The legislature removed this requirement in an effort to streamline interactive technology requirements and provide board members and constituents more privacy. Before this change, board members were required to take meetings from publicly accessible locations, such as coffee shops and hotel lobbies.

There is also no requirement that board members be presently in the state of Minnesota when attending a board meeting remotely. The Department of Administration has provided guidance that board members may attend meetings, even while travelling out of state, as long as the open meeting requirements are met.

Minnesota’s open meeting law also raises the question of whether boards should livestream board meetings, even if no board members are participating remotely. For example, there could be a scenario where a board member initially requested to attend a meeting via interactive technology, but later determines they can be physically present at the regular meeting location. Should the board still offer remote access for other community members who want to attend?

While there is no requirement to do so, boards should keep in mind the purpose of Minnesota’s open meeting law is to promote transparency and accountability, and encourage public participation in public government matters. If a board initially notices that a meeting will be held remotely, it may be beneficial to keep that option available to the public, even if no board members require interactive technology to attend.

The legislature has appropriately kept up with advances in technology by allowing open meetings to be conducted remotely using interactive technology. More flexibility in how the public – and board members – can attend these meetings promotes more openness in how school board meetings are conducted. When school board meetings are properly conducted, even while using remote means, Minnesotans are better served.

This article is intended to provide general information with commentary. It should not be relied on as legal advice. If required, legal advice regarding this topic should be obtained from district legal counsel.  

Mallory P. Nordberg is an attorney with the law firm of Kennedy & Graven, Chartered. For more information, please contact her at (612) 337-9302 or mnordberg@kennedy-graven.com.

Carlos Soto-Quezada is an attorney with the law firm of Kennedy & Graven, Chartered. For more information, please contact him at (612) 337-9208 or csoto-quezada@kennedy-graven.com.

© Mallory P. Nordberg and Carlos Soto-Quezada (2026). Used with permission.

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