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August 8, 2022 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. The Board cannot deliberate on any subject matter that is not included on the agenda.
III. Parent Level III Grievance Hearing- Student Discipline
III.A. Conduct Parent Level III Grievance Hearing-Student Discipline
Description:  Background: 
Conduct a Level III Parent Grievance Hearing regarding student discipline in open session at the request of the parents. 

Administrative Considerations: 
A formal grievance has been filed by a parent on behalf of their child. Information will be shared at the meeting as available. 

Recommendations: 
As needed. 

Board Action: 
As desired by Board. 
III.B. Action, if any, on Parent Level III Grievance Hearing-Student Discipline
IV. CLOSED SESSION
IV.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
IV.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. 
IV.B.1. Consider Decision on Parent Level III Grievance Hearing-Student Discipline
IV.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

 
V. ITEMS FOR DISCUSSION AND/OR ACTION
V.A. Consent Agenda
V.A.1. Minutes of Previous Meeting(s)
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting-July 11, 2022
  • Special Meeting/Workshop-July 25, 2022
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.
V.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)
V.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)
V.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)
V.A.5. Adult School Meal Price Increase 
Description:  Background: 
The current price for adult meals is as follows:
  • Breakfast- $2.50
  • Lunch- $4.15
The price needs to increase by $.50 cents for adult breakfast and $.35 cents for adult lunch for the 2022-2023 school year.  
  • Breakfast- $3.00
  • Lunch- $4.50

Administrative Considerations: 


Recommendation: 
Consider and approve the price increase for adult meals for 2022-2023. 

Board Action: 
As desired by Board. 
V.B. Business and Finance
V.B.1. Adopt Budget, 2022-2023
Description:  Background: 
Information for a proposed 2022-2023 budget was presented to the Board at a workshop/Special Board Meeting on July 25, 2022. 

The proposed budget was approved on July 25, 2022, at the Special Board Meeting. 

Administrative Considerations: 
A public hearing was conducted earlier in this meeting for the purpose of allowing public input and/or concerns of the district's annual budget and tax rate. 

The proposed budget and tax rate were adopted and published in the local newspaper. 

Recommendation: 
Adopt the 2022-2023 budget resolution, as presented. 

Board Action: 
Board approval is required. 
Attachments: (2)
V.B.2. Resolution to Set Tax Rate, 2022-23
Description:  Background: 
Annually, the district develops a proposed tax rate that needs to be considered by the Board. 

Administrative Considerations: 
Adoption of a tax rate is required for submission to the Rains County Appraisal District. 

Recommendation: 
Adopt the 2022-2023 tax rate as previously approved by the Board. 

Board Action: 
Board approval is required.
V.B.3. Amend Budget, 2021-2022
Description:  Background: 
The 2022-23 budget year is in the process of being finalized.  Considerations are needed to close out the previous school year. 

Administrative Considerations: 
Information will be shared at the meeting. 

Recommendation: 
Amend the 2021-22 budget as presented.

Board Action: 
Board approval is required. 
V.C. Curriculum and Instruction
V.C.1. 2022-23 Application for Teacher Data Portal of the Texas Assessment Management System Waiver
Description:  Background: 
The Assistant Superintendent of Curriculum has requested this item be placed on the agenda.  The information below is from the Texas Education Agency Website. 

The assessment data portal of the Texas Assessment Management System complies with the requirements of Texas Education Code (TEC), §32.258, as enacted by House Bill 3, 81st Legislature. Districts that are interested in fulfilling the requirement of TEC, §32.258 to provide teacher access to student assessment data through a local student data system must apply for an expedited waiver from the Texas Education Agency (TEA). The local data portal must meet the following requirements:

  • The local data portal must be accessible to all teachers in the core subject areas (reading/English Language Arts, mathematics, science, and social studies) and must allow teachers to view their own students’ assessment data. It is a local decision whether to extend access to teachers outside of the four core subjects; however, districts must consider whether there exists a sound educational reason, allowable under the Family Educational Rights and Privacy Act (FERPA), for non-core teachers to have access to student-level data.

  • Student data must be available from the 2007-2008 school year forward and include data indicating progress in student achievement.

  • Student data must be available on or before the first instructional day of the year following the year in which the data were collected.

  • The local data portal must permit comparisons of student performance at the classroom, campus, district, and state levels. Though it will not be necessary for local data portals to contain statewide data for comparisons of student performance, local portals must include a link to the TEA’s website where statewide reports are posted.

  • As a condition to granting a waiver for teacher access to the state data portal, local systems must have all of the above data available to teachers.

Note that districts and charter schools that receive a waiver from the requirement to provide teachers with access to the state data portal must still provide the teacher-student linking information in their summer PEIMS submissions. There is no waiver from the PEIMS submission requirement.

Administrative Considerations:

This waiver will be submitted online to the Texas Education Agency (TEA) portal. 

Recommendation:
Approve the waiver as presented. 

Board Action: 

Board approval
 
V.C.2. Teacher Certification Recommendations for District of Innovation (DOI) Exemption
Description:  Background: 
The Director of Curriculum and Instruction requested this item be placed this item on the agenda. 

Administrative Considerations: 
This item is placed on the agenda when we have teachers working under the following permit: D.O.I. (District of Innovation) exemptions.

Recommendation: 
Board approval. 

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. 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.3. Student Code of Conduct and Campus/Department/Personnel Handbooks, 2022-2023
Description:  Background: 
Annually, campus/department/personnel handbooks for students and staff are updated.  The student Code of Conduct is updated every legislative year.  (every 2 years)

Administrative Considerations: 
Campus/Department/Personnel 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 
V.D.4. Review and Update RISD Return to School Guidance
Description:  Background: 
Review and update RISD Return to School Guidance for 2022-23.

Recommendation: 
As desired by Board. 

Board Action: 
As desired by Board. 
V.D.5. Approve Guardians
Description:  Background: 
The Superintendent will provide an update to the Board regarding the Guardians.

Administrative Considerations:
Consider and take action. 

Recommendation: 
Board Approval

Board Action: 
As desired by Board. 

 
V.E. ORDER VOTER-APPROVAL TAX RATE ELECTION (VATRE)- NOVEMBER 8, 2022
Description:  Background: 
Consider all matters related to calling an election ratifying a Voter-Approval Tax Rate to be held by the Rains Independent School District, including the adoption of an order pertaining thereto.

Administrative Considerations: 
None.

Recommendations: 
Board approval of the Election Order as presented. 

Board Action: 
Board approval 

 
V.F. TASB Board Policy Update 119, Affecting Local Policies (see list below)

CPC(LOCAL): OFFICE MANAGEMENT - RECORDS MANAGEMENT
DMA(LOCAL): PROFESSIONAL DEVELOPMENT - REQUIRED STAFF DEVELOPMENT
EHAA(LOCAL): BASIC INSTRUCTIONAL PROGRAM - REQUIRED INSTRUCTION (ALL LEVELS)
EHB(LOCAL): CURRICULUM DESIGN - SPECIAL PROGRAMS
EHBAA(LOCAL): SPECIAL EDUCATION - IDENTIFICATION, EVALUATION, AND ELIGIBILITY
EHBB(LOCAL): SPECIAL PROGRAMS - GIFTED AND TALENTED STUDENTS
EIF(LOCAL): ACADEMIC ACHIEVEMENT - GRADUATION
FFBA(LOCAL): CRISIS INTERVENTION - TRAUMA-INFORMED CARE
FFH(LOCAL): STUDENT WELFARE - FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION
 
Description:  Background: 
We have received TASB Board Policy Update 119, Affecting (LOCAL) policies.  The Local Policy Overview (FKA Vantage Points
), Explanatory Notes, and the RISD Update 119: Local Policy Comparison Packet is provided in this packet. 

Administrative Considerations: 
The policies that need to be considered is provided in this packet.

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

Board Action: 
Board approval. 
Attachments: (4)
V.G. TASB Board of Directors Endorsement
Description:  Background: 
2022 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 Sunday, July 3, and Monday, August 29, 2022, 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: 
Tony Raymond, Sabine ISD (Position currently held)

Board Action: 
Board endorsement for Region 7 candidate. 
Attachments: (1)
V.H. TASA/TASB Convention Delegate and Alternate - September 22-25, 2022 (San Antonio)
Description:  Background: 
The TASA/TASB Convention 2022 will be held in San Antonio on September 22-25, 2022. 
TASB’s advocacy work on behalf of public schools is determined by our Advocacy Agenda, which is approved at Delegate Assembly, the Association’s annual business meeting. This year, the meeting will take place September 24th during the TASA | TASB Convention. 

Administrative Considerations: 
Your school board may appoint one delegate and one alternate to serve as your representatives at Delegate Assembly.

Recommendation: 
Select a delegate and an alternate to represent the district at the TASA/TASB Convention 2022. 

Board Action: 
Board approval
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:
  • Anne Stone, Custodian. Effective 6/23/22
  • Charmon Rowe, Custodian. Effective 7/12/22
  • Richard Van Winkle, Bus Monitor. Effective 8/2022
  • Cassandra Thomas, Elementary. Effective SpEd Aide. 8/2022
  • Laura Clayton, High School Family & Consumer Science Teacher. Effective 8/2022
  • Jessica Sisk, Child Development Center Caregiver. Effective 8/2022
  • Sharmin Morgan, Bus Monitor. Effective 8/2022
  • Tammy Abbott, High School Credit Recovery Teacher. Effective 8/2022
  • Alexa White, Junior High RLA Teacher/Coach. Effective 8/2022
  • Kali Beaird, Child Development Center Part Time Caregiver. Effective 8/2022
  • Heath Blalock, Junior High Asst. Principal. Effective 8/2022
  • Susan Camp, Intermediate SpEd Aide. Effective 8/2022
  • Randy Bland, High School Social Studies Teacher/Coach. Effective 8/2022
  • Bobby Pugh, Junior Math Teacher. Effective 8/2022
  • Kay Foster, Food Service. Effective 8/2022
  • Staci Cady, Junior High SpEd Aide. Effective 8/2022
  • Tara Copeland, Elementary Library Aide. Effective 8/2022
  • Corena McCormack, High School Aide. Effective 8/2022
  • Dylan Hutchinson, Elementary SpEd Aide. Effective 8/20
  • Sandra McGowan, Intermediate Counselor's Secretary. Effective 8/2022
  • Gayle Fletcher, Elementary SpEd Aide. Effective 8/2022
  • Elizabeth Swindell, Junior High Tech Apps Teacher. Effective 8/2022
  • Kelsey Frazier, Junior Health Teacher/Coach. Effective 8/2022
  • Shannon Hague, Intermediate 5th Grade Teacher. Effective 8/2022
  • Mallory Hensley, Intermediate SpEd Aide. Effective 8/2022
  • Regie Kuch, Junior High SpEd Para. Effective 8/2022
  • Isaura Hernandez, Food Service. Effective 8/2022
  • Antonia Esquivel, Intermediate SpEd Aide. Effective 8/2022
  • Matthew Miller, Elementary Intervention Aide. Effective 8/2022
Transfers/Reassignments:
  • Catherine "Denise" Jeffers, Intermediate Dyslexia Aide transfer to Intermediate 3rd Grade Teacher. Effective 8/2022
  • Megan Cobb, Elementary SpEd Aide transfer to Elementary ESL Aide. Effective 8/2022
  • Belinda Bradshaw, Elementary SpEd Aide transfer to Junior High SpEd Math Teacher. Effective 8/2022
  • Charisa White, Junior High Aide transfer to Junior High Principal's Secretary. Effective 8/2022
  • Ashley Honzell, High School Library Aide transfer to High School Life Skills Teacher. Effective 8/2022
  • Amanda Smith, Elementary Library Aide transfer to Intermediate 5th Grade Teacher. Effective 8/2022
  • Melissa Lollar, Elementary SpEd Aide transfer to Elementary Life Skills Teacher. Effective 8/2022
Resignations/Terminations: 
  • Beth McKinney, High School Credit Recovery Teacher. Effective 5/27/2022
  • Brandt Morgan, High School Aide. Effective 5/27/2022
  • Tressa Smith, Bus Monitor. Effective 5/27/2022
  • Sara Washburn, Child Development Center Caregiver. Effective 7/18/2022
  • Roberta Clark, Intermediate Counselor's Secretary. Effective 7/19/2022
  • Anne Stone, Custodian. Effective 7/25/2022
  • Barbette Armstrong, Food Service. Effective 7/25/2022
  • Tricia Young, Food Service. Effective 8/2/2022
VII. BOARD CORRESPONDENCE

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