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November 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. WILDCAT ROAR
Description:  Rains Junior High will have a presentation for the Wildcat Roar. 
III. OPEN FORUM
Description:  Public Comment: 
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.  The Board cannot deliberate on any subject that is not included on the agenda.
IV. ITEMS FOR DISCUSSION AND/OR ACTION
IV.A. Canvass November 2, 2021, VATRE Special Election Results (If Official Results are Available)
Description:  Background: 
This agenda will be published and the board book will go out before we are certain that November 2, 2021, VATRE Special 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.  These are the factors that could delay the canvass, which could require a special meeting:
  • The Ballot Board has not 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 the United States) 
 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 5, 2021 – Monday, November 15, 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 November 2, 2021, VATRE Special Election Results, as presented, if available.  If not, a special meeting should be set to be held by Monday, November 15, 2021, for that purpose. 

Board Action: 

Canvass the November 2, 2021, VATRE Special Election Results, if available, or Set a Date for Special Meeting to Canvass when results become available.  
 
Attachments: (1)
IV.B. Consent Agenda
IV.B.1. Minutes of Previous Meeting(s)
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- October 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)
IV.B.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)
IV.B.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: 
Assistant Superintendent, Jeff Fisher is providing the Quarterly Investment Report. 

Recommendation: 
Approve the Quarterly Investment Report, as presented. 

Board Action: 
Board approval
Attachments: (2)
IV.B.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.B.5. District Improvement Plan
Description:  Background: 
The District Educational Improvement Committee (DEIC) approved and submitted the District Improvement Plan after their August meeting for the Board to consider. 

Administrative Considerations: 
NONE

Recommendation:
Approve the proposed District Improvement Plan for Rains ISD.

Board Action: 
Board approval.
Attachments: (1)
IV.B.6. 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.B.7. Consider Approval of the 2021-2022 School Health Advisory Council (SHAC) Membership
Description:  Background: 
In Texas, the school board of a district is required to appoint at least five members of the SHAC(TEC, Title 2, Chapter 28, §28.004).  The law also requires that a parent member serves as the chair or co-chair of the SHAC. 

According to Board Policy EHAA (Legal), the board of trustees of each school district shall establish a local school health advisory council to assist the district in ensuring that local community values are reflected in the district's health education instruction.   

Administrative Considerations: 
Most SHACs consist of individuals appointed by school board members to represent them in making recommendations on school health programs.  Some SHACs consist of people who volunteer to serve on the SHAC.  The proposed School Health Advisory Council Membership (SHAC) list is attached. 

Recommendation: 
Administration recommends the Board approve the 2021-2022 School Health Advisory Council Membership (SHAC) as presented. 

Board Action: 
Board approval. 
IV.C. Business and Finance
IV.C.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.2. Consider RFQs- HVAC Engineering Design Services
Description:  Background:
Assistant Superintendent, Jeff Fisher will present the Board with the RFQs (Request for Qualifications) HVAC Engineering Design Services.  The timeline that was advertised is below.  
  • Request for Qualifications  9/21/21
  • Written Questions Due 10/18/21
  • Qualifications Due by 2 pm 11/2/21
  • School Board Approval 11/8/21
Administrative Considerations: 
Consider and approve the recommended HVAC RFQ.  

Recommendation: 
Board approval. 

Board Action: 
As desired by the Board. 

 
IV.D. Curriculum and Instruction
IV.D.1. ESL Evaluation
Description:  Background: 
The Director of Curriculum/Instruction will provide information for the ESL Evaluation. 

Administrative Considerations: 
None

Recommendation: 
This is an informational report.  Action is not required.

Board Approval: 
Action not required

 
Attachments: (1)
IV.E. Superintendent Reports
IV.E.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.E.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.E.3. Updated Coaches Protocols
Description:  Background: 
Charlie Coker, Rains ISD Athletic Director has provided the proposed updated coaches protocol for review.  

Administrative Considerations: 
Review the proposed updated coaches protocols related to Athlete Heat-Related Safety. 

Recommendation: 
As desired by Board. 

Board Action: 
As desired by Board. 

 
IV.F. Rains County Appraisal District - Board of Directors Election
Description:  Background: 
At the October 11, 2021 Board Meeting, nominations were made for the Rains County Appraisal District Board of Directors Election. 

Administrative Considerations: 
The nominations made by our Board were for: 
  • Ken Player
  • Paul Foley
  • Alice Wenzel
Rains ISD has 2,666 votes based on the total levy.  A candidate is elected to the Board by 565 votes. 

Recommendation: 
Distribute votes to the candidate(s) selected by our Board, to serve on the Rains County Appraisal District's Board of Directors. 

Board Action: 
Board approval. 
Attachments: (1)
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:
  • Paula Lindsey, Custodian. Effective 10/14/21
  • Alexandra House, Elementary Aide. Effective 10/20/21
  • Cora "Ruth" Harris, HS Math Teacher. Effective 10/22/21
  • Elmira Kaushnyan, JH SpEd Aide. Effective 10/25/21
  • Cathryn Stark, Food Service. Effective 11/1/21
Transfers/Reassignments:
  • Don Taylor, Custodian transfer to Substitute Custodian. Effective 9/27/21
  • Anthony Barrios- Martinez transfer from 1/2 (AM) Bus Driver to Substitute Bus Driver. Effective 10/18/21.
  • Randy Northcutt transfer from Bus Monitor to Bus Driver replacing Anthony Barrios- Martinez. Effective 10/18/21.
  • Rae Lynn Daniel, CDC Caregiver transfer to Substitute for CDC effective 10/29/2021.
Resignations/Terminations: 
  • Michael Houston, Security/Gate/Transportation. Effective 9/30/21
  • Nancy Rodriguez Torres, JH SpEd Aide. Effective 10/15/21
  • Paula Cason, Food Service. Effective 10/18/21
  • Sue Price, JH Aide. Effective 10/22/21
  • Reeba Miller, Custodian. Effective 10/22/21
  • Veronica Bryant, Intermediate SpEd Aide. Effective 10/22/21
  • Candace Mooring, JH Aide. Effective 10/29/21
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. 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. 
VI.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

 
VII. BOARD CORRESPONDENCE
VII.A. 2022 Governance Camp Informational Brochure
Attachments: (1)

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