October 10, 2022 at 6:30 PM - Regular Meeting
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I. OPENING - CALL TO ORDER, PLEDGE(S) OF ALLEGIANCE & INVOCATION
Description:
UNITED STATES FLAGI 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 FLAGThe 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." |
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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.
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III. WILDCAT ROAR
Description:
Rains High School will have a presentation for the Wildcat Roar.
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IV. CLOSED SESSION
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IV.A. Personnel, Texas Government Code § 551.074
Description:
TEXAS GOVERNMENT CODE 6. Section 551.074. Personnel MattersSection 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 |
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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.
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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 |
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V. ITEMS FOR DISCUSSION AND/OR ACTION
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V.A. Amend Administrative Regulations Pursuant to the Guardian Program
Description:
Background:
The Superintendent has placed this item on the agenda. Administrative Considerations: The Superintendent will present the amendments to the administrative regulations pursuant to the school guardian program to the Board. Recommendation: Amendment of Administrative Regulations pursuant to the district's school guardian program. Board Action: As desired by the board. |
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V.B. Consent Agenda
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V.B.1. Minutes of Previous Meeting(s)
Description:
Background:
The following minutes are provided for your review:
Minutes become official when approved by the Board of Trustees. Recommendation: Approve the minutes of the meetings as presented. Board Action: Board approval. |
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V.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.
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V.B.3. RCAD Property Value Study
Description:
Background:
This report prepared by Linebarger Goggan Blair & Sampson, LLP provides information to the Board regarding Rains County Appraisal District's Property Value Study. Administrative Considerations: The Assistant Superintendent of Finance will provide information. Recommendation: No action is required. Board Action: No action is required.
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V.C. Business and Finance
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V.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.
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V.C.2. Consider Purchase of Vehicles
Description:
Background:
Asst. Superintendent will present the quote from Brian Toliver Ford for two 14 passenger vans at a cost of $59,115.00 for each van. The cost of the vehicles exceeds the purchasing threshold of $50,000, thus requiring approval from the Board. Administrative Considerations: Asst. Superintendent Jeff Fisher will present the quote and provide information regarding the purchase consideration. Recommendation: Board approval. Board Action: As desired by Board.
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V.C.3. Consider Roof Bids--added 10/7/2022
Description:
Background:
The Elementary and Intermediate roof bids have been received. Assistant Superintendent Jeff Fisher will provide the information to the Board for their consideration and approval. Administrative Considerations: Bid information will be available at the meeting. Recommendation: Consider and approve the recommended bid as presented by Assistant Superintendent Jeff Fisher. Board Action: As desired by the board. |
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V.D. Curriculum and Instruction
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V.D.1. 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.
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V.E. Superintendent Reports
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V.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 |
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V.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
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V.E.3. Consider and Approve Memorandum of Understanding with The University of Texas Health Science Center at Tyler
Description:
Background:
The University of Texas Health Science Center at Tyler is a Health-Related Institution member of the TCMHCC and has been funded by Senate Bill 11 to provide access to limited school- based behavioral health services via telehealth. The component of the TCMHCC for delivering school-based behavioral health services via telehealth is named TCHATT. Texas Child Health Access Through Telemedicine (TCHATT) provides telemedicine or telehealth programs to school districts to help identify and assess the behavioral health needs of children and adolescents and provide access to mental health services. Administrative Considerations: The MOU (Memorandum of Understanding) is between Rains ISD and UTHSCT (University of Texas Health Science Center at Tyler) for the 2022-23 school year. This MOU is to provide pediatric and adolescent behavioral health services via telehealth. Recommendation: It is the administration's recommendation that the MOU be approved as presented. Board Action: Board approval |
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V.E.4. Consider and Approve the Updated Rains ISD Multi-Hazed Emergency Operations Plan
Description:
Background:
Every school district must adopt and implement a multihazard emergency operations plan (EOP) for use in the district's facilities. This plan is put together by the district's safety and security committee. The superintendent submits the plan online to the Texas School Safety Center. Administrative Considerations: Superintendent, Jennifer Johnson will present the updated Rains ISD Multi-Hazard Emergency Operations Plan with all of the new requirements on behalf of the Safety and Security Committee. Recommendation: Approve the updated Rains ISD Multi-Hazard Emergency Operations Plan as presented. Board Action: Board approval |
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V.E.5. Consider and Set Date for Board Training
Description:
Background:
Team of Eight training and Child Abuse Prevention Training Dates need to be set. Administrative Considerations: Dates for training need to be considered and set with the holidays approaching. Recommendation: Consider and set a date for the required board training. Board Action: As desired by the board. |
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VI. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
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VI.A. Personnel Changes/Update
Description:
The following is for review only and does not require board action:
Employment:
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VII. BOARD CORRESPONDENCE
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VII.A. 2022 TASB Fall Legal Seminars
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