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November 9, 2020 at 6:30 PM - Regular Meeting

Agenda
I. OPENING - CALL TO ORDER, PLEDGE(S) OF ALLEGIANCE & INVOCATION
Description: 

UNITED STATES FLAG

I pledge allegiance to the Flag
of the United States of America,
and to the Republic for which it stands:
one Nation under God, indivisible, 
With Liberty and Justice for all. 

TEXAS FLAG

The amended (HB1034, effective June 15, 2007) pledge of allegiance to the Texas state flag is: 
"Honor the Texas flag; I pledge allegiance to thee, 
Texas, one state under God, one and indivisible."

II. II. WILDCAT ROAR

Description:  Rains Elementary will have a presentation for the Wildcat Roar. 
III. OPEN FORUM
Description:  Persons desiring to address the Board of Trustees must fill out a speaker's card and submit it to the Administrative Assistant to the Board prior to the meeting.  No presentation shall exceed three minutes. The Board cannot deliberate on any subject matter that is not included on the agenda.
IV. ITEMS FOR DISCUSSION AND/OR ACTION
IV.A. Consent Agenda
IV.A.1. Minutes of the Previous Meeting
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- October 12, 2020

Administrative Considerations: 
Minutes become official when approved by the Board of Trustees.

Recommendation: 
Approve minutes of the meeting as presented. 

Board Action: 
Board Approval
Attachments: (1)
IV.A.2. Financial Reports
Description:  Background: 
Financial reports for the previous month are presented. 

Administrative Considerations: 
None

Recommendation: 
As desired by Board

Board Action: 
As needed
Attachments: (3)
IV.A.3. Quarterly Investment Reports
Description:  Background: 
Chapter 2256, Government Code Public Funds Investment Act requires the district to provide a written investment report. 
The report contains operating funds not required by the code at the request of the school board. The district maintains two investment pool accounts with nominal funds as a reference for comparisons only (Lone Star, and TexPool).  The district uses the money market with Commercial Bank of Texas, Emory for the bulk of its investments. 

Administrative Considerations: 
Jeff Fisher is providing the Quarterly Investment Report. 

Recommendation: 
Approve the Quarterly Investment Report, as presented. 

Board Action: 
Board approval
Attachments: (2)
IV.A.4. Permanent School Fund
Description:  Background: 
The quarterly Permanent School Fund Report is on the Agenda Calendar for November. 

Administrative Considerations: 
A report is provided according to the information received from Rains County Treasurer, Teresa Northcutt. 

Recommendation: 
No action required

Board Action: 
No action required
Attachments: (2)
IV.A.5. Campus Improvement Plans
Description:  Background: 
The Curriculum Department has provided the Campus Improvement Plans for consideration. 

Administrative Considerations: 
The Campus Improvement Plans are developed by the DEIC and CPOC Committees. 

Recommendation: 
Approve the Campus Improvement Plans, as presented. 

Board Action: 
Board approval
Attachments: (4)
IV.A.6. Roofing Agreement- Coryell Roofing and Construction, Inc. 
Description:  Background:
Assistant Superintendent Jeff Fisher received the Roofing agreement with Coryell Roofing and Construction, Inc. 

Administrative Considerations: 
Consider and approve the agreement with Coryell Roofing and Construction, Inc. 

Recommendation: 
Board Approval

Board Action: 
As desired by Board. 



 
Attachments: (1)
IV.A.7. Waiver to Operate Summer Nutrition Program --Added 11/5/2020
Description:  Background: 
The Superintendent will share the information on the waiver to operate the summer feeding program.  The food service director needs the approval to submit this waiver. 

Administrative Considerations:
Approve as presented.

Recommendation:
Approve as presented. 

Board Action:
As desired by Board. 
IV.A.8. Region 15 ESC- 791 Purchasing Cooperative --Added 11/6/2020
Description:  Background:
Permission and approval to join the 791 Purchasing Cooperative offered by Region 15 Education Service Center.  Cooperative Board Resolution and Region 15 Agreements are attached. 


Administrative Considerations:
Consider and approve as presented. 

Recommendation: 
Board Approval

Board Action: 
As desired by Board. 
IV.B. Business and Finance
IV.B.1. WAG Report
Description:  Background: 
The WAG Report is provided by the Assistant Superintendent of Finance. 

Administrative Considerations: 
This report keeps the Board apprised of the district's current financial status. 

Recommendation: 
As needed

Board Action: 
Approval is not required for this report, unless action is needed. 

 
Attachments: (1)
IV.C. Canvass November 3, 2020, VATRE Election Results
Description:  Background: 
This packet will go out before we are certain that the November 3, 2020, VATRE Election can be canvassed at this meeting. 

Administrative Considerations: 
Typically, the canvass may be conducted at the meeting following the election, depending on the election and our meeting dates. These are factors that could delay the canvass, which should require a special meeting.  They are: 
  • Any/All Provisional Ballots that have not been verified
  • Any/All Ballots from outside the United States that have not been returned
The Office of Secretary of State has set a small window of opportunity in which a Board may conduct a canvass.  This year, the dates are: 
  • Friday, November 6, 2020 - Tuesday, November 17, 2020
If a special meeting is required, two members constitute a quorum, for an election canvass, only.  The date of a re-scheduled meeting would need to be set at this meeting. 

Recommendation: 
Approve the canvass of the November 3, 2020, VATRE Election, as presented, if available.  If not, a special meeting should be set to be held before Tuesday, November 17, 2020, for that purpose. 

Board Action: 
Board approval

 
IV.D. Superintendent Reports
IV.D.1. District Activities & Projects
Description:  Background: 
The Superintendent will share information with the Board on district activities and projects. 

Administrative Considerations: 
Any items that would require Board action will be presented, along with the report. 

Recommendation: 
As needed

Board Action: 
As needed
IV.D.2. Report of Disbursements
Description:  Background: 
A report on the payment of bills is provided under this item. 

Administrative Considerations:
The payment of bills is only reported to the Board. 

Recommendation: 
No action required

Board Action: 
No action required
Attachments: (1)
IV.D.3. COVID 19- Update
Description:  Background: 
Superintendent will give updates related to COVID-19. 

Administrative Considerations: 
Approve any update that would require action. 

Recommendation: 
Board approval on any item needed relating to COVID-19. 

Board Action: 
As desired by Board. 
IV.D.4. 2020-2021 Calendar 
Description:  Background: 
Due to anticipated COVID-19 school closure dates, RISD has applied for and been approved by TEA to adjust the school calendar to include 2 additional staff development days.  This change enables the district to have 4 additional instructional days saved in case of another school closure.  

Administrative Considerations: 
The DEIC committee has approved the proposed calendar change. 

Recommendation: 
Approve 2020-2021 proposed amended calendar as presented. 

Board Action: 
Board approval 
Attachments: (1)
IV.D.5. Texas School Safety and Security Audit
Description:  Background: 
Superintendent Johnson has placed this item on the agenda. 

Administrative Considerations: 
Information will be shared regarding the Texas School Safety and Security Audit. 

Recommendation: 
Approval of Rains ISD's Texas School Safety and Security Audit as presented. 

Board Action: 
Board approval

 
IV.D.6. 2020-2021 Yearbook Contract
Description:  Background: 
The High School Administration and Yearbook Department are submitting a recommendation for a 2020-2021 yearbook contract with Balfour. The current contract is with Lifetouch.  

Administrative Considerations: 
Approve the proposed yearbook contract with Balfour and terminate the contract with Lifetouch. 

Recommendation: 
Approve the contract as presented and terminate the Lifetouch contract

Board Action:
As desired by Board.  
Attachments: (2)
IV.D.7. Technology: HP Chromebooks--Added 11/6/2020
Description:  Background: 
The Lenovo Chromebooks ordered in June are still on backorder and the supplier does not have an estimated ship date.  At this time they have enough HP Chromebooks in the warehouse to ship us but they are more expensive.  The Firefly quote is attached. 

Administrative Considerations: 
Consider canceling the Firefly order and purchasing from another vendor.  The quote for Omnipro is attached.  


Recommendation: 
As desired by Board. 

Board Action: 
As desired by Board.
Attachments: (2)
V. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
V.A. Personnel Changes/Update
Description:  The following is for review only and does not require board action: 

Employment:
  • Tereasa Wisniewski, HS SpEd Aide. Effective 10/16/2020
  • Tasha Ratliff, HS SpEd Aide. Effective 10/16/2020
  • Antonio Britton, Reserve Police Officer. Effective 11/3/2020
  • Jeffrey Carroll, Reserve Police Officer. Effective 11/3/2020
Transfers/Reassignments: 


Resignations/Terminations: 
  • Holly Bailey, Elementary SpEd Aide. Effective 10/22/2020
  • Carmen Debolt, Food Service. Effective 10/30/2020
VI. CLOSED SESSION
VI.A. Personnel, Texas Government Code § 551.074
Description: 

TEXAS GOVERNMENT CODE

6. Section 551.074. Personnel Matters

Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing.267

This section permits executive session deliberations concerning an individual officer or employee. Deliberations about a class of employees, however, must be held in an open session.268 For example, when a governmental body discusses salary scales without referring to a specific employee, it must meet in an open session.269 The closed meetings authorized by section 551.074 may deal only with officers and employees of a governmental body; closed deliberations about the selection of an independent contractor are not authorized.270

Section 551.074 authorizes the public officer or employee under consideration to request a public hearing.271 In Bowen v. Calallen Independent School District,272 a teacher requested a public hearing concerning nonrenewal of his contract but did not object when the school board moved to go into executive session. The court concluded that the school board did not violate the Act.273

Similarly, in James v. Hitchcock Independent School District,274 a school librarian requested an open meeting on the school district’s unilateral modification of her contract. The court stated that refusal of the request for a hearing before the school board "is permissible only where the teacher does not object to its denial."275 However, silence may not be deemed a waiver if the employee has no opportunity to object.276 When a board heard the employee’s complaint, moved on to other topics, and then convened an executive session to discuss the employee after he left, the court found that the employee had not had an opportunity to object.277


263 TEX. GOV’T CODE ANN. § 551.0726.
264 Id. § 551.073.
265 See Act of Mar. 28, 1973, 63d Leg., R.S., ch. 31, § 2, 1973 Tex. Gen. Laws 45, 46 (former article 6252-17, § 2(f), Revised Civil Statutes).
266 See, e.g., Dallas Cnty. Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271, 282-83 (Tex. App.—Dallas 1991, writ denied).
267 TEX. GOV’T CODE ANN. § 551.074.
268 Gardner, 21 S.W.3d at 777; Tex. Att’y Gen. Op. No. H-496 (1975) (construing predecessor to Government Code, section 551.074).
Closed Sessions
2012 Open Meetings Handbook • Office of the Attorney General
VI.B. Security, Texas Government Code § 551.089
Description:  TEXAS GOVERNMENT CODE

18. Section 551.089. Deliberations Regarding Security Devices or Security Audits; Closed Meeting. 


Deliberation Regarding Security Devices or Security Audits; Closed Meeting Section 551.089 provides as follows:
This chapter does not require a governmental body to conduct an open meeting to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information as described by Section 2059.055(b); or (3) the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices.354


TEX. GOV’T CODE ANN. § 551.089(2).
354 TEX. GOV’T CODE § 551.089. Chapter 2059 of the Government Code relates to the "Texas Computer Network Security System." Id. §§ 2059.001-.153.
Closed Sessions
2012 Open Meetings Handbook • Office of the Attorney General

 
VII. BOARD CORRESPONDENCE, HANDOUTS (As Available)
Description:  The Superintendent has placed this item on the agenda for the purpose of sharing miscellaneous correspondence/information item(s) that may be of interest to Board members. 

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