19 TAC §300.2
The Windham School District Board of Trustees adopts new §300.2,
concerning Windham School District Board of Trustees Operating Procedures
with one change to the text as proposed in the February 6, 2004, issue of
the
Texas Register
(29 TexReg 1142).
The purpose of the new rule is to establish operating procedures for the
Windham School District Board of Trustees to conduct business.
One comment was received by Susan McHenry regarding a change to subsection
(c)(4) indicating that if the committee uses videoconference technology to
convene a meeting, at least a majority of a quorum of the committee must include
not two, but three members of a four member committee. The response was to
change the number of members from two to three.
The new rule is adopted under Texas Education Code, §§19.001,
et seq., which establish the Windham School District, with the governance
and policymaking role of the Texas Board of Criminal Justice.
Cross Reference to Statutes: Texas Education Code, §19.001.
§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
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 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 Chairman.
(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 adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 2, 2004.
TRD-200402290
Carl Reynolds
General Counsel
Windham School District
Effective date: April 22, 2004
Proposal publication date: February 6, 2004
For further information, please call: (512) 463-0422