March 25, 2025 at 5:00 PM - Regular Meeting

1. Call to Order (1 MIN)

2. Adjourn to Closed Session (60 MIN)

2.1. Pursuant to Texas Government Code Sections 551.074, 551.071, 551.129, consideration of personnel matters, and possible consultation with legal counsel

2.2. Pursuant to Texas Government Code Section 551.074, discussion of Team of Eight leadership and governance matters. 

2.3. Pursuant to Texas Government Code sections 551.072, 551.071, and 551.129, discussion related to the purchase, exchange, lease, or value of real property.

3. Reconvene Into the Meeting  (1 MIN)

4. Welcome/Pledge of Allegiance (2 MIN)

5. Vision and Mission Statement (1 MIN)

6. Recognition (10 MIN)

6.1. March Outstanding Scholar Recognition

6.2. March Staff of the Month

7. Public Forum (12 MIN)

8. Superintendent Update (10 MIN)

8.1. Student Safety Update

9. Information Items (30 MIN)

9.1. February Monthly Financial Report

9.2. Constraint Progress Monitoring (CPM1) Report: Teacher Retention

10. Consent Agenda (5 MIN)

10.1. Feb. 3 & Feb. 18, 2025 Meeting Minutes

10.2. Consideration/possible action regarding the Senate Bill 1882 Operation Agreement with Third Future Schools - Texas

10.3. Consideration and Approval of the 2024-2025 Certified Texas Teacher Evaluation and Support System (T-TESS) Appraisers

10.4. Consideration and Approval of Local Policy Update 124.

10.5. Consideration and Possible Approval of Non Business Day Designation For Public Information Act For 2025-2026 and 2026-2027 

10.6. Consideration and Approval Regarding Purchase of Manor ISD Kitchen Facility Upgrades to Accommodate Dish Machines and Disposers.

10.7. Consideration and Approval of a School District Teaching Permit for Noncore Academic CTE Teachers

10.8. Consideration and Approval the Constraint Progress Measure 1 Monitoring Report

10.9. Consideration and Approval of Grades 6-8 and Algebra Math Curriculum Adoption

10.10. Consideration and Adoption of Resolution approving Contingent Fee Legal Services
Contract, including Findings Needed for Submission of Contingent Fee Legal Services Agreement and Request for Expedited Review by the Texas Attorney General

10.11. Consideration and Approval of Contingent Fee legal Services Agreement with
O'Hanlon, Demerath & Castillo, PC and Eiland & Bonnin, PC

11. Confirmation of Next Regular Board Meeting on April 21, 2025. 

12. Adjournment (1 MIN)

13. NOTICE OF A PUBLIC MEETING &  NOTICE OF PROPOSED CONTRACT FOR LEGAL SERVICES 
Notice is hereby given that a meeting of the Board of Trustees of Manor Independent  School District be held on March 25, 2025, for the purpose of considering and taking action on  all matters on the agenda for the meeting, including approval of an agreement with the law firms of O'Hanlon, Demerath & Castillo, PC and Eiland & Bonnin, PC as special counsel to perform all  legal services necessary to recover damages sustained by the District related to youth social media  usage and any other action that may be necessary to pursue the best interests of the District in  related litigation on a contingent fee basis. 

The purpose of the agreement is to pursue any and all available causes of action in Multi  District Litigation 3047 or JCCP 5255 seeking to recover damages due to youth social media usage  and addiction sustained by Manor Independent School District. By way of this agreement, Manor Independent School District seeks to recover damages, court costs, penalties, and other relief under  applicable law. 

O'Hanlon, Demerath & Castillo, PC regularly serves school districts across the state of  Texas in a general counsel capacity and maintains a principal office in Austin, Texas and also  offices in Pharr, San Antonio and Fort Worth. The firm has litigated statewide high profile public  education related cases such as the No Pass No Play, the A-F litigation and multiple Edgewood  decisions related to the school finance system. After serving as General Counsel for the Texas  Education Agency and litigating various high-profile issues for the public education system for  the Attorney General of Texas, Kevin O'Hanlon founded the firm in 1992 to serve the needs of  Public Entity clients. Justin Demerath operates a contingent fee litigation practice within the firm  that regularly represents public entities on a contingent fee basis, often in the scope of property  insurance disputes. Additionally, his practice has recovered millions of dollars in recovery in high profile multi-district litigations, including Syngenta GMO Corn, General Motors ignition switch  recall, Trans-vaginal mesh, and NFL concussion litigation, as well as serving in leadership of cases  that garnered national attention like the Sutherland Springs Mass Shooting. O'Hanlon, Demerath  & Castillo represented the District as Special Counsel for Personnel from 2010-2015 and as  General Counsel since April 2024. O'Hanlon, Demerath & Castillo discussed the social media  litigation with the District in the Autumn of 2024. O'Hanlon, Demerath & Castillo introduced Eiland & Bonnin to the District to consider the social media litigation. 

Eiland & Bonnin, PC engages in complex contingent fee litigation which has required the  investment of hundreds of thousands to millions of dollars of litigation expenses. Lawyers in the  firm have served in past MDL leadership committees. The firm has worked in many high-profile  litigations like the MGM Grand Las Vegas Mass Shooting, Syngenta GMO Corn, and BP Texas  City Refinery Explosion. After 20 years of service as a member of the Texas House of  Representatives for Districts 23 & 24, Craig Eiland has a unique understanding of what elected  officials and public entities are confronted with when navigating complex litigation. Mr. Eiland  regularly advises multiple Texas school districts in litigation. O'Hanlon, Demerath & Castillo  represented the District as Special Counsel for Personnel from 2010-2015 and as General Counsel  since April 2024. The inception of the relationship between Eiland & Bonnin and the District  began when O'Hanlon, Demerath & Castillo introduced Eiland & Bonnin to the District in the  Autumn of 2024 to consider the social media litigation.    

O'Hanlon, Demerath & Castillo represented the District as Special Counsel for Personnel  from 2010-2015 and as General Counsel since April 2024. O'Hanlon, Demerath and Castillo, PC  has not previously represented Manor ISD on a contingency fee arrangement. Eiland & Bonnin  has not previously represented Manor ISD on a contingency fee arrangement. Eiland and Bonnin,  PC has not previously represented Manor ISD in any capacity. O'Hanlon, Demerath & Castillo,  PC and Eiland & Bonnin, PC have, and continue to represent, claimants with competence and  professionalism. 

The specialized legal services, advancement of significant expenses, and compensation on  a contingent fee basis required by this agreement cannot be performed by the attorneys and  supporting personnel of Manor ISD because the District does not currently employ attorneys who  have specialized knowledge and experience regarding Multi-District Litigation and analysis and  legal remedies under both Texas and federal law on a contingent fee basis. In addition, the District  has not budgeted the financial resources necessary to advance the significant litigation expenses  required by this type of litigation nor to compensate competent and experienced attorneys and staff  regarding Multi-District Litigation as District employees or to reasonably compensate a firm in  private practice with the necessary experience under a contract providing for payment on an hourly  basis without contingency.  

Due to the complexity of the matter and expected difficulties in performing the legal work  for this matter, the risk of no recovery, the expected expenses, including expert witness fees and  other litigation costs, a reasonable hourly fee for a firm in private practice to prosecute this matter  would exceed the amount for which the District would be able to adequately budget and expend  financial resources. The District also does not have the financial resources required to pay the  additional, significant costs of implementing appropriate infrastructure and technology necessary  to fully and properly perform the needed legal services. The District also does not have the  financial resources required to properly pursue its claims and causes of action, including to retain  independent experts as testifying witnesses and to finance all costs of litigation through final resolution of the matter. Additionally, many law firms that handle large, complex matters strictly  on an hourly basis have institutional clients, including social media corporations, insurance  companies, and social media corporations; and it would be difficult to find a firm with experience  in this area that does not have a conflict of interest that would hinder the firm's ability to effectively  represent the District. The proposed law firms have certified that they have no such conflict of  interest in representing Manor ISD. 

The legal services cannot be reasonably obtained from attorneys in private practice  charging hourly fees without contingency because a contract to pay attorneys on an hourly basis  without contingency would represent an additional and significant cost to Manor ISD.  Furthermore, the District would be responsible for payment of all costs and expenses of the  litigation through appeals, including to retain independent experts as testifying witnesses and to  finance all discovery expenses and other costs of litigation through final resolution of the matter.  The District does not have the financial resources necessary to pay for these additional and  significant expenses necessitated by this social media multi-district litigation.

O'Hanlon, Demerath & Castillo, PC and Eiland & Bonnin, PC will be compensated on a  contingent fee basis. Entering into the proposed agreement is in the best interests of the residents  of Travis County, Texas. The District has sustained significant damages due to youth social media  usage and addiction and for which there exists a potential recovery from the perpetrating social  media corporations. O'Hanlon, Demerath & Castillo, PC and Eiland & Bonnin, PC possess the  specialized skills, knowledge, experience, financial, and technological resources needed to  competently and fully pursue maximum potential recovery of the District's damages. Furthermore,  the proposed agreement enables the District to pursue its legal remedies without diverting essential  monies and resources from the ongoing needs and operations of its students, staff, and community  at large. In addition, the proposed agreement shifts the financial risk and burden of litigation costs  and expenses to O'Hanlon, Demerath & Castillo, PC and Eiland & Bonnin, PC with the District  owing no such monies to the law firms unless and until it recovers monies. Moreover, Texas  statutory and common law provide for penalty damages and for recovery of court costs, and for  recovery of attorneys' fees for certain of the District's claims, including for breaches of contract. 

Additionally, time is of the essence in the provision of these legal services. Potentially  impending legal deadlines require urgent action by counsel.