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August 9, 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. 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.
III. ITEMS FOR DISCUSSION AND/OR ACTION
III.A. Consent Agenda
III.A.1. Minutes of Previous Meeting(s)
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- July 12, 2021
  • Special Meeting- July 22, 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)
III.A.2. Financial Reports
Description:  Background: 
Financial reports for the previous months are presented. 

Administrative Considerations: 
None. 

Recommendation: 
As desired by Board. 

Board Action: 
As needed. 

 
Attachments: (3)
III.A.3. Quarterly Investment Report
Description:  Background: 
Chapter 2256, Government Code Public Funds Investment Act required 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 Tex Pool).  The district uses the money market with the Commercial Bank of Texas, Emory for the bulk of its investments. 

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

Recommendation: 
Approve the Quarterly Investment Report, as presented. 

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

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

Recommendation: 
No action is required. 

Board Action: 
No action is required. 

 
Attachments: (2)
III.A.5. Adult School Meal Price Increase 
Description:  Background: 
The current price for adult meals are as follows:
  • Breakfast- $2.50
  • Lunch- $3.65 
The price needs to increase by $.25 cents for adult breakfast and $.50 cents for adult lunch for the 2021-2022 school year.  
  • Breakfast- $2.75
  • Lunch- $4.15

Administrative Considerations: 


Recommendation: 
Consider and approve the price increase for adult meals for 2021-2022. 

Board Action: 
As desired by Board. 
III.B. Business and Finance
III.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)
III.C. Superintendent Reports
III.C.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
III.C.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)
III.C.3. TASB Board of Directors Endorsement
Description:  Background: 
 2021 Nomination Information which lists candidates for positions on the TASB Board. These individuals have been nominated by their local boards for TASB Board positions that are vacant or have expiring terms.
 
Between Saturday, July 3, and Monday, August 30, 2021, your school board is invited to endorse a candidate for each position in your Region. An endorsement form is attached.
 
If a majority of the Active Members of the Region endorses a candidate, that individual will be elected to the TASB Board. If at least 25 percent, but not a majority, endorse the candidate, that individual will be included on the official ballot at the TASB Delegate Assembly. The nomination from the individual’s local school board is counted as an endorsement.

 
Administrative Considerations: 
Each district may vote in this election, based on their region. 

Recommendation: 
Nominations for Region 7 are as follows: 
Ben Donald, Carthage ISD
Tony Raymond, Sabine ISD (Position currently held)

Board Action: 
Board endorsement for Region 7 candidate. 
Attachments: (3)
III.C.4. Education Foundation Proposal
Description:  Background: 
The proposal provided is from Foundation Innovation, LLC.  They provide public school districts and communities with the tools and expertise necessary to establish effective and sustainable education foundations.  


Administrative Considerations: 


Recommendation:
Consider and approve the proposal from Foundation Innovation, LLC as presented. 

Board Action: 

As desired by Board.
III.C.5. Education Foundation Resolution
Description:  Background: 
Rains ISD Board of Trustees desires to establish and maintain an effective working relationship with the community through the establishment of an education foundation for the benefit of Rains ISD students and educators. 

Administrative Considerations: 
The Board recognizes that benefits will accrue to the students of Rains ISD as a result of its working relationship with the Foundation in the form of cooperation and financial support for educational programs to directly benefit students, assist the district funding initiatives outside the district's budget capabilities that promote and enhance the quality of education in the district. 


Recommendation: 
Consider and approve the resolution as presented. 

Board Action: 

As desired by the Board.
IV. TASB Board Policy Update 117, Affecting Local Policies (see list)
Description:  Background: 
We have received TASB Board Policy Update 117, Affecting (LOCAL) policies.  The Local Policy Overview (FKA Vantage Points
), Explanatory Notes, and the RISD Update 117: Local Policy Comparison Packet is provided in this packet. 

Administrative Considerations: 
The policies that need to be considered are: 

CH(LOCAL): PURCHASING AND ACQUISITION
CHE(LOCAL): PURCHASING AND ACQUISITION - VENDOR DISCLOSURES AND CONTRACTS
CV(LOCAL): FACILITIES CONSTRUCTION
DEC(LOCAL): COMPENSATION AND BENEFITS - LEAVES AND ABSENCES

Recommendation:
Consider and approve (LOCAL) policies as presented. 

Board Action: 
Board approval. 


 
Attachments: (3)
V. Student Code of Conduct and Campus/Department Handbooks, 2021-2022 
Description:  Background: 
Annually, campus/department handbooks for students and staff are updated.  Student Code of Conduct is updated every legislative year.  (every 2 years)

Administrative Considerations: 
Campus/Department Handbooks and Student Code of Conduct require review and Board approval.  

Recommendation:
Board approval of all Handbooks and Student Code of Conduct as presented.  

Board Action: 
Board approval 
Attachments: (7)
VI. Parent Level III Grievance
Description:  Background: 
A formal grievance has been filed by a parent, on behalf of their child. 

Administrative Considerations: 
Grievance documents will be hand-delivered to Board members. 

Recommendation: 
As needed. 

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

Employment:
  • Karra Davis, HS Receptionist/Attendance Clerk. Effective 8/2/2021
  • Patrick Moore, JH PE Teacher/Coach. Effective 8/2/2021
  • Jeremy Conner, JH Math Teacher/Coach. Effective 8/2/2021
  • Thelma Stegman, HS Life Skills Teacher. Effective 8/2/2021
  • Dusty Wright, Elementary SpEd Aide. Effective 8/2/2021
  • Marlee Drown, JH Science Teacher. Effective 8/2/2021
  • Bernadette Thompson, 3rd Grade Teacher. Effective 8/2/2021
  • Megan Cobb, Elementary SpEd Aide. Effective 8/2/2021
  • Lindsay Seymour, Intermediate Aide. Effective 8/2/2021
  • Harlei Struck, Elementary ECSE Teacher. Effective 8/2/2021
  • Meadow Messinger, Intermediate Aide. Effective 8/2021
  • Chelsey Petty, Food Service. Effective 8/2021
Transfers/Reassignments:
  • Candace Mooring, Elementary Aide transfer to JH Aide. Effective 8/2/2021
  • Diane Klump, Intermediate 3rd Grade Teacher transfer to Intermediate Reading Intervention Teacher. Effective 8/4/2021
  • Shantil Wallace, JH Science Teacher transfer to HS Science Teacher. Effective 8/4/2021
Resignations/Terminations: 
  • James Cox, Bus Driver. Effective 5/28/2021
  • Jayme Wyman, Bus Driver. Effective 6/1/2021
  • Sean Royalty, Police Officer. Effective 9/5/2021
  • Amy Looper, Kindergarten Teacher. Effective 8/3/2021
  • Wilma Upchurch, Custodian. Effective 7/26/2021
  • Felicia Peters, Food Service. Effective 8/1/2021
VIII. CLOSED SESSION
VIII.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.B. Student Discipline, Texas Government Code § 551.082
Description:  TEXAS GOVERNMENT CODE § 551.082

Sec. 551.082. SCHOOL CHILDREN; SCHOOL DISTRICT EMPLOYEES; DISCIPLINARY MATTER OR COMPLAINT.  (a) This chapter does not require a school board to conduct an open meeting to deliberate in a case: 
 
(1) involving discipline of a public school child; or 
(2) in which a complaint or charge is brought against an employee of the school district by another employee and the complaint or charge directly results in a need for a hearing. 
(b) Subsection (a) does not apply if an open hearing is requested in writing by a parent or guardian of the child or by the employee against whom the complaint or charge is brought. 
 
Added by Acts 1993, 73rd Leg., ch. 28, Sec. 1, eff. Sept. 1, 1993. 
VIII.C. 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

 
IX. BOARD CORRESPONDENCE

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