Part 8. WINDHAM SCHOOL DISTRICT
Chapter 300. GENERAL PROVISIONS
The Windham School District (WSD) Board of Trustees (Board) proposes amendments to §300.2, Windham School District Board of Trustees Operating Procedures. The proposed amendments clarify the Board's operating procedures.
David McNutt, Chief Financial Officer for the Windham School District, has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. McNutt has also determined, that for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an effect on small or micro businesses. The anticipated public benefit, as a result of enforcing the rule, will be enhanced understanding of the Board's operating procedures.
Comments should be directed to Michael P. Mondville, General Counsel, Windham School District, P.O. Box 40, Huntsville, Texas 77342, Michael.Mondville@wsdtx.org. Written comments from the general public should be received within 30 days of the publication of this rule.
The amendments are proposed under Texas Education Code, §19.004.
Cross Reference to Statutes: Texas Education Code, §19.004.
§300.2.Windham School District Board of Trustees Operating Procedures.
(a) General. This section establishes operating procedures for the Windham School District (WSD) Board of Trustees to conduct business.
(b) Organization.
(1) The Texas Board of Criminal Justice (TBCJ) serves as the WSD Board of Trustees (WSD Board), pursuant to Chapter 19, Texas Education Code. The TBCJ is a nine (9)-member body appointed by the Governor to oversee the Texas Department of Criminal Justice (TDCJ or Agency). The TBCJ Chairman, who serves as the WSD Board Chairman, is designated by and serves at the pleasure of the Governor pursuant to Section 492.005, Texas Government Code.
[
(1)
The Texas Board of
Criminal Justice (TBCJ) serves as the Board of Trustees for the Windham
School District (WSD Board), pursuant to Chapter 19, Texas Education
Code. The TBCJ is a nine (9) member body appointed by the Governor
to oversee the Texas Department of Criminal Justice (TDCJ). The Chairman
of the TBCJ is designated by and serves at the pleasure of the Governor
(Section 492.005, Texas Government Code).]
(2) The WSD Board operates utilizing the same officers and structure established by the TBCJ.
(3) The TBCJ Education Committee shall provide WSD one (1) reporting avenue to the WSD Board. The TBCJ Education Committee shall operate in accordance with TBCJ practices pursuant to Title 37, Part 6, Texas Administrative Code, Section 151.3.
[
(3)
The TBCJ Education
Committee provides WSD a reporting avenue to the WSD Board. By appointment
to this committee (in accordance with TBCJ practices), members will
be designated to become particularly familiar with various WSD issues,
and to bring forward consensus recommendations or a candid report
on any disagreements to the full WSD Board.]
[
(4)
The Chair of the Education
Committee, appointed by the Chairman, may appoint non-members to sit
on the committee in an advisory capacity; however, advisory members
are non-voting members and cannot be reimbursed for expenses incurred
in this capacity.]
[
(5)
For employment decisions
made specifically by the WSD Board, a limited-purpose committee shall
be appointed by the Chairman as deemed necessary to formulate recommendations
for full WSD Board consideration.]
(c) Meetings.
(1) The WSD Board shall hold its regular meetings in conjunction with those of the TBCJ. Special called meetings of the WSD Board can be held at the discretion of the WSD Board Chairman.
(2) The TBCJ and the WSD Board shall attempt to hold regular meetings at least every odd-numbered month of the year, but shall meet at least once each quarter of the calendar year pursuant to Section 492.006, Texas Government Code. These meetings shall be held in Austin, Texas, or under exceptional circumstances in Huntsville, Texas, pursuant to the General Appropriations Act. If the WSD Board uses video conference technology to convene a meeting, at least three (3) members shall convene at the Austin video conference site, or under exceptional circumstances, the Huntsville video conference site. The other members may convene using the technology from remote sites.
(3) The agenda and date for the WSD Board meetings shall be set by the WSD Board Chairman.
(4) A majority of the WSD Board constitutes a quorum for the convening of and transaction of business at any meeting.
(5) Meetings of the WSD Board shall be conducted according to standard parliamentary procedures.
(6) Meetings of the WSD Board are governed by the Texas Open Meetings Act (Texas Government Code, Chapter 551).
(7) The WSD Superintendent, in coordination with appropriate TDCJ staff, shall ensure members are provided the materials necessary to conduct the business of the WSD Board well in advance of the meetings.
(8) The WSD Superintendent, in coordination with appropriate TDCJ staff, shall ensure the minutes of each meeting are prepared, retained and filed with the Legislative Reference Library, and made available to the public. The minutes shall state the subject matter of each deliberation and shall indicate each vote, order, decision or other action taken by the WSD Board.
(9) Requests by the public to make presentations or comments to the WSD Board are governed by Section 300.1 of this title, pursuant to Section 551.042, Texas Government Code.
[
(2)
The TBCJ attempts
to hold regular meeting at least every odd-numbered month of the year,
but shall meet at least once each quarter of the calendar year. These
meetings shall be held in Austin, Texas, or under exceptional circumstances
in Huntsville, Texas, (Section 492.006, Texas Government Code and
the General Appropriations Act). If the TBCJ uses videoconference
technology to convene a meeting, at least three (3) members must convene
at the Austin videoconference site, or under exceptional circumstances,
the Huntsville videoconference site. The other members may convene
using the technology from remote sites.]
[
(3)
The agenda for the
meetings of the WSD Board shall be set by the Chairman, after consultation
with members of the WSD Board and the WSD Superintendent.]
[
(4)
A meeting of the
TBCJ Education Committee shall be held at a site chosen by the Chairman
of the committee. The Chairman of the committee shall set the agenda
for the meeting in consultation with the WSD Superintendent. If the
committee uses videoconference technology to convene a meeting, at
least a majority of a quorum of the committee, such as, three (3)
members of a four (4) member committee, must convene in one location,
and the other members may convene using the technology from remote
sites.]
[
(5)
A majority of the
WSD Board or the Education Committee constitutes a quorum for the
convening of, and transaction of business at, any meeting. A quorum
of a committee with two (2) members is two (2).]
[
(6)
A quorum of a committee
cannot depend on the presence of an advisory member. A non-unanimous
vote on an action by a committee cannot be decided by an advisory
member.]
[
(7)
Meetings of the WSD
Board and its committees shall be conducted according to standard
parliamentary procedures.]
[
(8)
Meetings of the WSD
Board and its committees are governed by the Texas Open Meetings Act
(Chapter 551, Texas Government Code).]
[
(9)
The WSD Superintendent,
in coordination with appropriate TDCJ staff, shall ensure that members
are provided with materials necessary to conduct the business of the
WSD Board well in advance of any meeting.]
[
(10)
The WSD Superintendent,
in coordination with appropriate TDCJ staff, shall ensure that minutes
of each meeting are prepared, retained, filed with the Legislative
Reference Library, and made available to the public. The minutes shall
state the subject matter of each deliberation and shall indicate each
vote, order, decision, or other action taken by the WSD Board.]
[
(11)
Requests by the public
to make presentations to the WSD Board are governed by WSD Board Rule, §300.1
of this title.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 2007.
TRD-200702974
Melinda Hoyle Bozarth
General Counsel, Texas Department of Criminal Justice
Windham School District
Earliest possible date of adoption: August 26, 2007
For further information, please call: (512) 463-0422