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February 8, 2021 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. PUBLIC HEARING
II.A. TAPR- Texas Assessment Progress Report
Description:  The Texas Assessment Progress Report information for Rains ISD will be shared as a Public Hearing. 
Attachments: (1)
III. WILDCAT ROAR
Description:  Rains Intermediate will have a presentation for the Wildcat Roar. 
IV. 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.
V. ITEMS FOR DISCUSSION AND/OR ACTION
V.A. Consent Agenda
V.A.1. Minutes of the Previous Meeting
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- January 11, 2021
Administrative Considerations: 
Minutes become official when approved by the Board of Trustees.

Recommendation: 
Approve the minutes of the meetings as presented. 

Board Action: 
Board Approval
Attachments: (1)
V.A.2. Quarterly Investment Report
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 the 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)
V.A.3. 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)
V.A.4. Permanent School Fund Report
Description:  Background: 
The quarterly Permanent School Fund Report is on the Agenda Calendar for February. 

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: (1)
V.A.5. High School & Jr. High Cheerleading Constitutions, 2021-2022
Description:  Background: 
The High School and Jr. High Cheerleading Constitutions for 2021-2022 are presented for consideration. 

Administrative Considerations: 
The High School and Jr. High have presented their document for the 2021-2022 school year. 

Recommendation: 
Board approval not required. 

Board Action: 
As needed. 

 
V.B. Business and Finance
V.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)
  • 2/8/2021 at 10:44 AM
V.C. Curriculum & Instruction
V.C.1. Semester Grade Report
Description:  Background: 
The 1st-semester grades have now been finalized. 

Administrative Considerations: 
Grade reports are submitted to the Board at the end of each semester. 

Recommendation: 
No action required. 

Board Action: 
No action required unless desired by Board. 

 
Attachments: (1)
V.C.2. Curriculum Update
Description:  Background: 
December STAAR End of Course results will be presented at this meeting. 

Administrative Considerations: 


Recommendation: 
No action required for informational purposes. 

Board Action: 
No action required unless desired by Board. 

 
V.C.3. Waiver- 40% Campus Hybrid Instruction for 9th-12th Grade Students
Description:  Background: 
For Spring 2021 STAAR testing, all 11th and 12th-grade students who are not required to take a STAAR EOC exam will remain at home and participate in remote learning. Students who have connectivity issues at home will be allowed to come to school for on-campus learning. Additionally, students who are failing one or more classes and/or have excessive absences will be required to report to school for on-campus learning.
This plan applies to the following dates:

April 6, 2021 - English I EOC exam
April 8, 2021 - Enlgish II EOC exam
May 4, 2021 - Algebra I EOC exam
May 5, 2021 - Biology EOC exam
May 6, 2021 - US History EOC exam


Administrative Consideration:
Consider and take action. 

Recommendation: 
Board approval as presented. 

Board Action:
Board approval. 

 
V.D. Superintendent Reports
V.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
V.D.2. 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. 
V.D.3. 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)
V.D.4. Consider and Hire Athletic Director/Head Football Coach
Description:  Background: 
With the resignation of Randy Barnes as the Athletic Director/Head Football Coach, the district has been conducting a search for filling this position. 

Administrative Considerations: 
A committee has reviewed applications and conducted interviews.  As available, a recommendation for the employment of an Athletic Director/Head Football Coach will be presented to the Board. 

Recommendation:
As desired by Board. 

Board Action: 
Board approval and the issuance of a contract. 

 
V.D.5. Resolution on Travel Outside the United States
Description:  Background:
Rains ISD is asking to pass a resolution pertaining to employee travel outside of the United States. 

Administrative Considerations:
Consider passing a resolution pertaining to employee travel outside of the United States. 

Recommendation:
Board approval as presented. 

Board Action:
Board approval. 
V.D.6. March Board Meeting
Description:  Background: 
The Superintendent has placed this item on the agenda to remind the Board that the March Board meeting will be held on March 1, 2021, due to Spring Break. 

Administrative Considerations: 
The Superintendent will provide information to the Board at the meeting. 

Recommendations: 
As needed

Board Action: 

No action required. 
V.D.7. 2021 Superintendent/Board Goals & Objectives
Description:  Background: 
Annually, the Superintendent/Board Goals & Objectives are updated to reflect the plans for the upcoming year. 

Administrative Considerations: 
Goals and Objectives should be adopted for 2021. 

Recommendation: 
Adopt the 2021 Superintendent/Board Goals & Objectives, as developed. 

Board Action: 
Board approval. 

 
Attachments: (1)
V.E. Order Trustee Election- May 1, 2021, Places 1, 2, and 3
Description:  Background: 
The February Board Meeting is typically when Rains ISD has called the trustee election, based on the timelines set by the Office of Secretary of State.  The final deadline for calling the election this year is Friday, February 12, 2021. 
SECTION 11.01. Subchapter C, Chapter 11, Education Code, is amended by adding Section
11.058 to read as follows:
Sec. 11.0581. JOINT ELECTIONS REQUIRED.
a. An election for trustees of an independent school district shall be held on the same date as:
1. the election for the members of the governing body of a municipality located in the school
district;
                              or
2. the general election for state and county officers.
b. Elections held on the same date as provided by Subsection (a) shall be held as a joint election
under Chapter 271, Election Code.
c. The voters of a joint election under this section shall be served by common polling places
consistent with Section 271.003(b), Election Code.
d. The board of trustees of an independent school district changing an election date to comply
with this section shall adjust the terms of office of its members to conform to the new election date.

 
Adminstrative Considerations: 
Rains ISD is in a unique situation, in that school districts (only) are required to enter into a Joint Election Agreement with another entity within the voting jurisdiction.  Prior to our election in 2011, the City of Emory agreed to a Joint Election Agreement with Rains ISD. In this agreement, Rains ISD was responsible for conducting Early Voting and Election Day process for the City of Emory.  For the May 1, 2021 Elections, they have agreed to do the same. 

Early voting for city elections required the polls to be open on two extended (12-hour days. Since Rains ISD has assumed the responsibility of holding the election, the extended days also are our obligation.  
A sample Order of Election is included in this packet. 

Recommendation: 
Board approval. 

Board Action: 
Board approval is needed for the Order of Election. 


 
V.F. Set Board Meeting to Canvass May 1, 2021 Election
 
Description:  Background:
The first possible day to conduct the official local canvass of returns by governing authority of the political subdivision is May 4.  However, the canvass may not be conducted until the ballot board has verified and counted all provisional ballots (if a provisional ballot has been cast in the election), AND counted all timely-received ballots cast from addresses outside the United States (if a ballot by mail was provided to a person outside of the United States). (Election Code Sec. 67.003). Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted. 

Administrative Considerations: 
The available date range for the canvass is: 
May 4-12, 2021. 
Our regular meeting is scheduled for May 10, 2021.  It could be incorporated with that meeting if that is the wishes of the Board. 
There is no way to know ahead of time if provisional or out-of-country ballots will be cast in the elections, which could affect the date to canvass. 

Recommendation: 
For purposes of conducting the canvass, two members of the governing body constitute a quorum, per Election Code Section 67.004(a).  If the canvass is not conducted on May 10, it could be set for noon on one of the suggested dates, if at least the minimum numbers will be available. 

Board Action: 
Set date for Canvass of May 1, 2021 Election. 

 
VI. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
VI.A. Personnel Changes/Update
Description:  The following is for review only and does not require board action: 

Employment:
  • Veronica Bryant, Intermediate SpEd Aide. Effective 1/19/2021.
  • Shawna Hall, Food Service. Effective 1/19/2021.
  • Valarie Smith, Elementary SpEd Aide. Effective 1/8/2021. 
  • Darlene Laney, Elementary SpEd Aide. Effective 2/3/2021
Transfers/Reassignments: 
  • Petra Arredondo Carmona, ESL Aide transferred to JH SpEd Aide. Effective 2/1/2021
Resignations/Terminations: 
  • Courtny McGrew, Junior High SpEd Aide. Effective 1/26/2021.
VI.B. Contracts (Board Action): Assistant Superintendent of Finance, Director of Curriculum/Instruction, Principals, Coordinator of Health Services/School Nurse, Director of Special Educations, Director of Technology
Description:  Background: 
During the month of February, the Board considers administrator contract renewals. 

Administrative Considerations: 
An evaluation by the Superintendent is the basis for the administrators' contract recommendations. 

Recommendation: 
Review contracts approved by the Superintendent. 
Extend administrative contracts requiring Board signatures according to the list as presented. 

Board Action: 
Board approval. 

 
VI.C. Contracts (Report): Assistant Principal(s), Counselors, Dean of Students, Director of Federal Programs
Description:  Background: 
During the month of February, the Board receives a report of contract renewals for administrators that are employed by the Superintendent. 

Administrative Considerations:
Although the Superintendent is responsible for these contract renewals, the information is reported to the Board. 

Recommendation: 
The contract list is combined with VI.B. (contracts that require Board action). 

Board Action: 
Board action not required. 

 
VII. CLOSED SESSION
VII.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
VIII. 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. 
VIII.A. 2020-22 Advocacy Agenda
Description:  Background: 
The TASB Advocacy Agenda is the culmination of the hard work of school board members across the state through Grassroots Meetings, Legislative Advisory Council meetings, the resolutions process, and, ultimately, the Delegate Assembly. 
The 2020-22 Agenda will guide TASB's advocacy efforts during the 87th session of the Texas Legislature.  In 2021, the Legislative Advisory Council will have the opportunity to amend Advocacy Priorities, and school districts will have another chance to submit Advocacy Resolutions for consideration by the 2021 Delegate Assembly.  In 2022, the process will restart as trustees work to develop a new Advocacy Agenda. 

Administrative Considerations: 
The 2020-22 Advocacy Agenda, which outlines the Cornerstone Principles, Priorities, and Resolutions adopted by the TASB Delegate Assembly.  Brochures will be provided to each board member at this meeting. 

Recommendation: 
No action required. 

Board Action: 
No action required

 
Attachments: (1)

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