The Hamilton Southeastern (HSE) School Board has once again postponed a decision on proposed policy language governing school board members’ access to district meetings held outside of regular board and committee sessions.

At Wednesday night’s board meeting, one of the central issues involved a legal question about whether allowing the board president to appoint board members to attend district meetings — including collective bargaining sessions — could create legal complications.

The board’s legal counsel, Barnes & Thornburg, is researching the issue and has contacted the Indiana Public Access Counselor for guidance. Attorneys are seeking clarification on whether the presence of appointed board members at such meetings could legally transform them into gatherings subject to Indiana’s Open Door Law, potentially requiring the sessions to be open to the public.

The Hamilton Southeastern Education Association, which represents teachers in the district, said it supports the language proposed by the board’s Policy Committee. However, the union opposes holding contract bargaining sessions in public. Negotiations between school districts and teacher unions are typically conducted privately, generally consistent with Indiana’s open meetings law.

The board voted to delay action on the policy until additional clarification is received from the Public Access Counselor’s office.

During the discussion, board member Suzanne Thomas proposed four amendments to the Policy Committee’s recommendation, including removing the board president’s authority to appoint members to attend district meetings. Her proposal failed on a 4–3 vote.

Under the proposed policy, board members would be allowed to silently observe district meetings and take notes but could only share those notes with fellow board members in ways permitted by state law.

For now, the board’s decision on the policy remains on hold while legal guidance is sought from the state.