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May 10, 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. WILDCAT ROAR
Description:  Rains High School and Wildcat Athletics will have a presentation for the Wildcat Roar. 
Attachments: (2)
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. Canvass May 1, 2021 Election Results
Description:  Background: 
This agenda will be posted before we are certain that May 1, 2021 election results 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.  There are factors that could delay the canvass, which would 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.  The year, the dates are: 
  • Tuesday, May 4, 2021 – Wednesday, May 12, 2021
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 May 1, 2021, Election as presented, if available.   If not, a special meeting should be set to be held before Wednesday, May 12, 2021, for that purpose. 

Board Action: 
Board approval. 
Attachments: (1)
IV.B. Issue Certificates of Election- New and/or Re-Elected Board Members
Description:  Background: 
Certificates of Election are to be presented at the meeting to install newly-elected and/or re-elected members to the Board. 

Administrative Considerations: 
The certificates are given as the result of the May 1, 2021 Election. 

Recommendation: 
Issue certificates, as signed by the Board President. 

Board Action: 
No other Board action required. 

 
IV.C. Issue Statements of Elected/Appointed Officer- New and/or Re-Elected Board Members
Description:  Background: 
Statements of Elected/Appointed Officer are required for all newly elected members. 

Administrative Considerations: 
These forms are for newly elected and/or re-elected members to sign, affirming that they have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which they were elected or as a reward to secure an appointment or confirmation, whichever the case may be. 

Recommendation: 
Issue Statements of Elected/Appointed Officer as applicable. 

Board Action: 
No Board action is required except by newly elected and/or re-elected members. 

 
IV.D. Administer Oaths of Office- New and/or Re-Elected Board Members
Description:  Background: 
Newly elected and/or re-elected members should be administered an Oath of Office prior to assuming the position. 

Administrative Considerations:
Following the May 1, 2021 Election, new Oaths of Office should be administered. 

Recommendation: 
Pamela Gilliard will administer the Oaths of Office at the meeting. 

Board Action: 
Newly elected and/or re-elected Board members should be given the Oath of Office. 

 
IV.E. Election of Board Officers
Description:  Background: 
Following the May 1, 2021 Election, Board officers should be chosen. 

Administrative Considerations: 
The following offices should be filled: 
President: Currently held by Philip Alexander
Vice-President: Currently held by Denita Young
Secretary: Currently held by Heath Sisk

Recommendation: 
Conduct election of officers. 

Board Action: 
Elect officers. 

 
IV.F. Consent Agenda
IV.F.1. Minutes of the Previous Meeting
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- April 12, 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)
IV.F.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: (2)
IV.F.3. 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)
IV.F.4. Permanent School Fund
Description:  Background: 
The quarterly Permanent School Fund Report is on the Agenda Calendar for May. 


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.F.5. Approve Proposed Policy FFA(LOCAL), FNAA(LOCAL), and FNAB(LOCAL)
Description:  Background:
TASB Policy Service regularly conducts reviews to identify school districts with outdated policies.  We recently identified that the district's policy manual has outdated language at the following codes:
  • FFA(LOCAL): Student Health and Wellness
  • FNAA(LOCAL): Distribution of Nonschool Materials (by Students)
  • FNAB(LOCAL): Use of School Facilities for Nonschool Purposes (by Students)
Administration Considerations: 
Approve Proposed Policy FFA(LOCAL), FNAA(LOCAL), and FNAB(LOCAL) as presented. 

Recommendation:
Approve Proposed Policy FFA(LOCAL), FNAA(LOCAL), and FNAB(LOCAL) as presented.

Board Action: 
Board approval
Attachments: (3)
IV.F.6. Amend Rains High School 2021-2022 Course Description Guide
Description:  Background:
The High School Dean of Students, Nicole Timmons has requested that the 2021-2022 Course Description Guide be amended.  

Administrative Considerations: 
Information will be provided to you for amending the High School Course Description Guide for 2021-2022 that was previously approved on December 14, 2020. 

Recommendation: 
Approve amendments to the High School Course Description Guide for 2021-22 as desired by Board. 

Board Action: 
Board approval.
Attachments: (1)
IV.G. Business and Finance
IV.G.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.H. Curriculum & Instruction
IV.H.1. 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 updated date below:

April 20, 2021 for English I EOC

Administrative Consideration:
Consider and take action. 

Recommendation: 
Board approval as presented. 

Board Action:
Board approval. 

 
IV.H.2. School Health Advisory Council Report
Description:  Background: 
This is an annual report requirement. 

Administrative Considerations: 
The Director of Curriculum and Instruction will provide information regarding the School Health Advisory Council (SHAC) Report. 

Recommendation: 
As needed. 

Board Action: 
Board approval as needed. 
Attachments: (1)
IV.I. Superintendent Reports
IV.I.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.I.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.I.3. TASB Board of Directors 2021
Description:  Background:
Information has been received from TASB regarding a trustee position election for the Region 7 seat on the TASB Board of Directors. 

Administrative Considerations: 
The position is currently held by Tony Raymond, of the Sabine ISD. He has indicated that he is seeking re-election. 
Districts also have the option of submitting a nomination from the local board for this position. 

Recommendation: 
Submit a nomination for the Region 7 TASB Board of Directors. 

Board Action: 
Board approval
IV.I.4. T.E.A.C.H. Early Childhood Texas Scholarship Program
Description:  Background: 
  • Portion of Tuition for all models is now:  T.E.A.C.H. 90% and for the models we discussed offering our recipients (E, F, G, H, J) Sponsor 5% Recipient 5%
  • Sponsor may limit recipients to certain models/paths if they choose as well as Sponsor Compensation of 2% raise or $300 given at the end of the completed commitment time frame. If they leave the district before the end of the commitment, they do not receive the Compensation from the Sponsor or T.E.A.C.H.
  • Recipient Commitment: ex. model E or F commitment would be a minimum of 2 years with Rains ISD. Note: Each new year, the Recipients contract is renewable and may run concurrent with their commitment year
  • Release Time: Employer Sponsor will be reimbursed at $7.50/hour for any hours submitted as release time for Recipient up to 4 hours per week. Sponsor submits a claim for reimbursement Ex. 64 hrs. per semester release time = $480 reimbursed to Employer Sponsor
  • The Associate Degree/College Credit Model to be completed through a community college and the Bachelor Degree Model must be completed through a university *I have attached a list of the current universities they are contracted with in addition to a number of online only universities. I have also talked to the program director requesting they add Texas A&M Commerce.
  • The T.E.A.C.H. Early Childhood TEXAS Scholarship program currently offers only non-certified degree plans. 
  • Participant Agreement- Either Director or Owner may sign but best if the point of contact and person submitting claims, etc. signs the application agreement and other agreement documents.
  • Recipients average cost for books per semester $150 in which they submit book receipts as a claim and the funds are issued back.  
Administrative Considerations: 
Review and Discuss the T.E.A.C.H Program. 

Recommendation:
As desired by the Board. 

Board Action:
As desired by the Board.
IV.I.5. Board Member Conflict of Interest Statement(s)
Description:  Background:
Substantial Interest in a Business Entity: TASB Policy BBFA(EXHIBIT A)
Trustees, as required by law.  Superintendent and others as required by TASB Policy DBD(LOCAL). File completed form with the district's official record keeper name in TASB Policy CPC(LOCAL) before a decision or vote involving the business or real property.  Maintain in district records until five years after the official leaves office. 
FORM CIS: Texas Ethics Commission
Trustees, Superintendents, and other local government officers complete this form as required by law. File completed form with eh district's records administrator within seven business days of knowledge of the relationship.  Post on the district's website and retain with district records. 
FORM CIQ: Texas Ethics Commission
District Vendors complete this form. File completed form with the district's records administrator within seven business days of knowledge of the relationship.  Post on the district's website and retain with district records. 

Administrative Considerations: 
The statements should be submitted for any or all members, to which the policy may apply. 

Recommendation: 
Execute the appropriate documents, according to the legal policy. 

Board Action: 
As may apply to individual members. 

 
IV.I.6. Review School Board Operating Procedures
Description:  Background: 
Board members shall review the Board Operating Procedures after the reorganization of the Board. (Election years) 

Administrative Consideration: 
Review the Board Operating Procedures in the Board Data Manual. 

Recommendation:
None

Board Action: 
No action needed for this item. 
V. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
V.A. Consider and Hire Director of Special Education Position
Description:  Background: 
Interviews have been conducted in the search of a new Director of Special Education.  Consider and hire the Director of Special Education.

Administrative Considerations: 
Consider and take action. 

Recommendations: 
The administration recommends Donna Morgan as the new Director of Special Education. 

Board Action: 
Board Approval required.
V.B. Consider and Hire Director of Health Services Position
Description:  Background: 
Consider and hire the Director of Health Services position. 

Administrative Considerations:
Consider and take action. 

Recommendations: 
The administration recommends Trinity Edwards. 

Board Action: 
Board approval required. 

 
V.C.  Personnel Changes/Update
Description:  The following is for review only and does not require board action: 

Employment:
  • Bettie Young, Custodial. Effective 4/29/2021
  • Jessica Reece, 1st Grade Teacher. Effective 8/2021
  • Amanda Moore, 2nd Grade Teacher. Effective 8/2021
  • Bryan Oakes, College Prep/Online Teacher/Coach. Effective 8/2021
  • Cortney Lynn, 1st Grade Teacher. Effective 8/2021
  • Ellen Faglie, 2nd Grade Teacher. Effective 8/2021
  • Allea Pippin, HS Family and Consumer Science Teacher. Effective 8/2021
  • Amy Banks, 3rd Grade Teacher. Effective 8/2021
  • Mariah Stephenson, 3rd Grade Teacher. Effective 8/2021
  • Misty Carr, E.C.S.E. Teacher. Effective 8/2021
  • Jennifer Holliday, JH History Teacher/Coach. Effective 8/2021
  • Jeromy Slagle, Intermediate PE Teacher/Coach. Effective 8/2021
  • Alejandra Reyna, Intermediate ESL Teacher. Effective 8/2021
  • Danny Black, JH Tech Apps Teacher/Coach. Effective 8/2021
  • Brandy Wiley, Elementary Counselor. Effective 8/2021
Transfers/Reassignments:
  • Nicole Timmons, HS Dean of Students transfer to JH Assistant Principal. Effective 8/2021
  • Jennifer Moore, JH English Teacher transfer to HS Dean of Students. Effective 8/2021
  • Jennifer Melton, Director of Special Education transfer to JH Principal. Effective 8/2021
  • Marja Heinert, HS SpEd Teacher transfer to JH SpEd Teacher. Effective 8/2021
  • Nathan Bounds, 5th Grade Teacher transfer to 4th Grade Teacher. Effective 8/2021.
 
Resignations/Terminations: 
  • Kelly Ragsdale, CDC Caregiver. Effective 4/9/21
  • Matthew White, Custodial. Effective 4/13/21
  • LaTesia White, Custodial. Effective 4/14/21
  • Terry Busby, Network Technician. Effective 5/7/21
  • Chelby Murray, JH Math Teacher. Effective 5/28/21
  • Scott Pederson, HS Math Teacher/Coach. Effective 5/28/21
  • Rebecca Hicks, JH Math Teacher. Effective 5/28/21
  • Jennifer Pederson, 2nd Grade Teacher. Effective 5/28/21
  • Damon Donald, HS Ag Teacher. Effective 6/30/2021
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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