§ 712.1. Notification of agency business required and 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 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 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.
(2) This subsection shall not apply to a conference or a working session under section
707 (relating to exceptions to open meetings) or an executive session under section
708 (relating to executive sessions).
(f) Minutes.--If action is taken upon a matter of agency business added to the agenda under this
section, the minutes of the meeting shall reflect the substance of the matter added,
the vote on the addition and the announced reasons for the addition.
(June 30, 2021, P.L.350, No.65, eff. 60 days)
2021 Amendment. Act 65 added section 712.1.
Notes of Decisions
J. Coleman v. Parkland S.D., 305 A.3d 238 (Pa. Commw. Ct. 2023).
· cites it 14× “65 Pa.C.S. § 712.1 (bold text and underline emphasis added).”
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
· cites it 6× “65 Pa.C.S. § 712.1. Procedural History At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion utilizing Section 712.”
T. Prozan v. Millcreek Twp. S.D., No. 645 C.D. 2023 (Pa. Commw. Ct. July 16, 2024).
· cites it 2× “1(a) of the Sunshine Act, 65 Pa.C.S. § 712.1(a),5 by taking official action to file the cross-appeal where the proposed action was not identified in a public agenda.”
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
· cites it 2× “1 of the Sunshine Act, 65 Pa.C.S. § 712.1, entitled “Notification of agency business required and exceptions.”
E. Beckes v. North East Sch. Dist., 347 A.3d 1137 (Pa. Commw. Ct. 2025).
“65 Pa.C.S. § 712.1(a). 5 The Trial Court Opinion is attached to Appellant’s Brief as Appendix B.”
S.-J. Neu v. Millcreek Twp. Bd. of Sch. Dirs., 349 A.3d 1070 (Pa. Commw. Ct. 2025).
“1 of the Sunshine Act, 65 Pa.C.S. § 712.1 (with certain exceptions, precluding the taking of official action on a matter of agency business if that matter was not included in the published agenda required by Section 709(c.”
65 Pa. Cons. Stat. § 712.1(a): 4 cases
T. Prozan v. Millcreek Twp. S.D., No. 645 C.D. 2023 (Pa. Commw. Ct. July 16, 2024).
“1(a) of the Sunshine Act, 65 Pa.C.S. § 712.1(a),5 by taking official action to file the cross-appeal where the proposed action was not identified in a public agenda.”
E. Beckes v. North East Sch. Dist., 347 A.3d 1137 (Pa. Commw. Ct. 2025).
“65 Pa.C.S. § 712.1(a). 5 The Trial Court Opinion is attached to Appellant’s Brief as Appendix B.”
65 Pa. Cons. Stat. § 712.1(b): 2 cases
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
“65 Pa.C.S. § 712.1. Procedural History At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion utilizing Section 712.”
65 Pa. Cons. Stat. § 712.1(c)(2): 1 case
65 Pa. Cons. Stat. § 712.1(e): 3 cases
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
“65 Pa.C.S. § 712.1. Procedural History At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion utilizing Section 712.”
65 Pa. Cons. Stat. § 712.1(e)(1): 2 cases
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
“65 Pa.C.S. § 712.1. Procedural History At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion utilizing Section 712.”
65 Pa. Cons. Stat. § 712.1(f): 2 cases
Coleman, J. v. Parkland Sch. Dist., 346 A.3d 1266 (Pa. 2025).
“65 Pa.C.S. § 712.1. Procedural History At the Parkland School District (“District”) School Board’s October 26, 2021 meeting, a board member introduced a motion utilizing Section 712.”
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