Consent Agenda And Action Items: Why Some School Board Votes Take Seconds And Others Take Hours

If you’ve ever sat through a Texas school board meeting, you may have noticed that some items get approved in just a few seconds, while others take hours of debate and public comment. What’s going on?

The difference comes down to whether an item is placed on the consent agenda or listed as an action item. And in Texas, this distinction is carefully regulated by the Texas Open Meetings Act (TOMA).

What Is a Consent Agenda?

A consent agenda (sometimes called a “consent calendar”) is used to handle routine business quickly. Instead of individually voting on each small matter, the board groups them together and votes once.

Examples include:

• Approving minutes from the last meeting
• Routine personnel updates (like substitute teacher lists)
• Monthly financial reports
• Standard contract renewals

If even one trustee believes a consent item needs discussion, they can “pull” it from the consent agenda. Once pulled, it must be handled separately as an action item.

What Is an Action Item?

An action item is any issue that requires open discussion and a separate vote. These are the bigger decisions that affect students, staff, and the community.

Examples include:

• Hiring outside counsel for board of trustees 
• Approving the district’s annual budget
• Adopting a new curriculum or instructional materials
• Approving construction projects or bond spending
• Redrawing school attendance boundaries
• Changing district policies

Unlike consent agenda items, action items are discussed publicly before a vote.

What Texas Law Says (TOMA)

The Texas Open Meetings Act (TOMA) is the law that ensures school boards make decisions in the open. It requires:

• Advance posting: Meeting agendas must be posted at least three business days before the meeting.
• Specificity: Each item must be described clearly enough for the public to understand what is being considered. Vague phrases like “personnel matters” aren’t enough.
• Transparency: Boards cannot discuss or vote on issues that weren’t properly posted.
• Public oversight: Any trustee can bring a consent agenda item up for open discussion if it deserves more attention.

Violations of TOMA can void board decisions and even lead to misdemeanor charges for trustees who knowingly break the rules.

Why This Matters for Parents and Communities

Consent agendas are meant to save time, but they should never be used to slip through big decisions without discussion. That’s where TOMA comes in, it protects the community’s right to see and hear how decisions are made.

As a parent, teacher, or community member, you can:

• Review posted agendas (at least 3 business days before the meeting).
• Speak up if you see something on the consent agenda that seems too important to rush through.
• Attend meetings (or watch livestreams, if your district provides them) to hold your board accountable.

Final Thought

School boards make decisions that shape the daily lives of Texas students and educators. Consent agendas keep things efficient. Action items keep things transparent. Thanks to TOMA, both must be handled in the open, where they belong.

References:

Texas Government Code § 551.041 – Meeting notice requirements.

Texas Government Code § 551.043 – 3 business day advance posting rule.

Texas Government Code § 551.144 – Penalties for knowingly violating TOMA.

Cox Enterprises v. Austin ISD (1986) – Agenda items must be specific.

Acker v. Texas Water Commission (1990) – Boards cannot deliberate on items not posted.

Disclaimer:

The information provided in this article is for educational and informational purposes only and does not constitute legal advice. For advice regarding specific legal matters or rights, readers should consult with a qualified attorney licensed in their jurisdiction.