Pennsylvania Supreme Court Expands Ability to Add Agenda Items Under the Sunshine Act

Matthew M. Hoffman, Esq., (412) 594-3910, mhoffman@tuckerlaw.com

Coleman v. Parkland School District, 346 A.3d 1266 (Pa. 2025) (A divided Pennsylvania Supreme Court reversed the Commonwealth Court’s 2023 decision and expanded the ability of agencies to add items to an agenda during a public meeting). 

Background

At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion to amend the meeting’s agenda to include a vote on whether to approve a collective bargaining agreement (CBA) between the District and the Parkland Education Association. The CBA included a 2.9% annual salary increase for approximately 680 Parkland Education Association members. The board member explained that the CBA had not appeared on the published agenda because the Parkland Education Association had only voted on it earlier that day. The School Board approved the motion, updated the agenda to reflect the addition, and subsequently voted to approve the CBA.

On November 2, 2021, Jarrett Coleman filed suit, arguing that the Board violated the Sunshine Act, contending that the Sunshine Act precluded the addition of items to the previously posted agenda other than those de minimis in nature or for emergencies. The trial court granted summary judgment in favor of the District. On appeal, however, the Commonwealth Court held that the District violated the Sunshine Act by infringing on the 24-hour notice rule established by the Sunshine Act.

Discussion

Amendments to the Sunshine Act, enacted in 2021, mandate that agencies post their agendas on their website 24 hours before the time of the meeting. The amendments further provided that agencies cannot act on any item not included on the posted agenda, with certain exceptions:

(a) Official action. — Except as provided in subsection (b), (c), (d), or (e) an agency may not take official action on a matter of agency business at a meeting if the matter was not included in the notification required under section 709(c.1) (relating to public notice).

(b) Emergency business. — An agency may take official action at a regularly scheduled meeting or an emergency meeting on a matter of agency business relating to a real or potential emergency involving a clear and present danger to life or property, regardless of whether public notice was given for the meeting.

(c) Business arising within 24 hours before a meeting. — An agency may take official action on a matter of agency business that is not listed on a meeting agenda if:

(1) the matter arises or is brought to the attention of the agency within the 24-
hour period prior to the meeting; and

(2) the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement by the agency.

(d) Business arising during a meeting. — If, during the conduct of a meeting, a resident or taxpayer brings a matter of agency business that is not listed on the meeting agenda to the attention of the agency, the agency may take official action to refer the matter to staff, if applicable, for the purpose of researching the matter for inclusion on the agenda of a future meeting, or, if the matter is de minimis in nature and does not involve the expenditure of funds or entering into a contract or agreement, the agency may take official action on the matter.

(e) Changes to agenda. —

(1) Upon majority vote of the individuals present and voting during the conduct of a meeting, an agency may add a matter of agency business to the agenda. The reasons for the changes to the agenda shall be announced at the meeting before any vote is conducted to make the changes to the agenda. The agency may subsequently take official action on the matter added to the agenda. The agency shall post the amended agenda on the agency’s publicly accessible internet website, if available, and at the agency’s principal office location no later than the first business day following the meeting at which the agenda was changed.

65 Pa.C.S. § 712.1.

Prior to the Commonwealth Court decision, Section 712.1 of the Sunshine Act was broadly interpreted as allowing four exceptions to the 24-hour notice rule: 1) relating to emergency business; 2) relating to business arising within 24 hours before the meeting; 3) relating to business arising during the meeting; and 4) items added at the meeting by majority vote.

However, a divided Commonwealth Court held that Section 712.1 of the Sunshine Act offers only three exceptions to the general prohibition disallowing agency action on matters not previously listed in the meeting agenda. The court concluded that interpreting Section 712.1(e) of the Sunshine Act as a fourth exception would allow Section 712.1(e) of the Sunshine Act to swallow the entire rule that the agency shall post the agenda 24 hours in advance of a meeting.

The Commonwealth Court further stated that Section 712.1(e) is merely a procedural mechanism instructing the agency how to go about publicly amending a meeting agenda when one of the three exceptions in Section 712.1 of the Sunshine Act applies.

In November 2025, however, the Pennsylvania Supreme Court reversed the Commonwealth Court’s decision. The Supreme Court concluded that the statutory exceptions outlined in Section 712.1 created a fourth exception to the 24-hour notice rule. 

Practical Advice

Because of the Supreme Court’s ruling, an item may be added to the agenda for discussion or action during meetings of the board of school directors. To add an agenda item, a board must do the following:

1. take a separate vote to amend the agenda to include an item, accompanied by a description of the reason for the amendment prior to the vote;
2. if added to the agenda, take a separate vote on the matter;
3. the public must have an opportunity to comment on the matter before a vote;
4. post the amended agenda with the new item within 24 hours; and
5. set forth the substance of the amendment, the vote on the amendment, and the announced reason for the addition in the meeting minutes. 

For school districts, municipalities, and other public agencies, compliance with the Pennsylvania Sunshine Act can present practical challenges, especially as courts continue to interpret recent amendments. If you have questions about meeting agendas, public notice requirements, or how the Coleman v. Parkland School District decision may affect your agency’s procedures, contact Matthew Hoffman by calling (412) 594-3910 or email mhoffman@tuckerlaw.com.