Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 300

§300.1: Public Presentations and Comments to the Windham School District Board of Trustees

(a) Policy. The Windham School District (WSD) Board of Trustees (Board) is committed to providing access and opportunity for public presentations and comments as provided for in this rule. Persons not employed by or under contract with the WSD who wish to have items placed on the Board posted agenda, shall follow the procedures set forth in subsection (h) of this rule. Public presentations and comments shall be:

(1) subject to the requirements and restrictions of subsections (b), (c), (d), (e), (f) and (g) of this rule;

(2) pertinent to issues under the jurisdiction of the Board, as determined by the Board Chairman and the WSD Superintendent; and

(3) pertinent to policies, procedures, standards and rules of the WSD. Disputes that are appropriately the subject of the appeals process for contract non-renewal or employee termination, the employee grievance system, the employee disciplinary system or comments regarding pending litigation shall be addressed through those processes.

(b) Definitions.

(1) Public presentations--presentations made by the public to the Board regarding topics posted on Board meeting agenda that has been filed with and published by the Texas Register and as provided for in subsection (c) of this rule.

(2) Public comments--comments made by the public on non-posted Board agenda topics and as provided for in subsection (d) of this rule.

(c) Public presentations. Persons who desire to make public presentations to the Board on posted agenda topics shall provide, on the date of the meeting, a completed registration card to onsite Board office staff at least ten (10) minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the Board's scheduled meeting is held.

(1) Pre-registration is available for public presentations through first class mail (P.O. Box 13084, Austin Texas 78711) or email (tbcj@tdcj.state.tx.us). Pre-registration shall be received by the Board office staff no later than four (4) calendar days prior to the posted meeting date of the presentation. In addition to the information required in subsection (c)(2), pre-registration submissions shall include appropriate contact information (daytime phone number and/or email address) for the individual who is registering to speak.

(2) Registration cards and pre-registration submissions shall disclose:

(A) the name of the person who will make the presentation;

(B) a statement as to whether the person is being remunerated for the presentation and if so, by whom; and if applicable, the name of the person or entity on whose behalf the presentation will be made;

(C) a statement as to whether the presenter has registered as a lobbyist in relation to the agenda topic being addressed;

(D) a reference to the agenda topic on which the person wishes to present;

(E) an indication as to whether the presenter will speak for or against the proposed agenda topic; and

(F) a statement verifying that all information that will be presented is factual, true and correct to the best of the speaker's knowledge.

(3) The Board Chairman shall have discretion in setting reasonable limits on the time allocated for public presentations on posted agenda topics. If several persons have registered to address the Board on the same agenda topic, it shall be within the discretion of the Board Chairman to request that those persons to select a representative amongst themselves to express such remarks, or to limit their presentations to an expression of support for views previously articulated.

(4) The Board Chairman shall provide an opportunity for public presentations to occur prior to the Board taking action on the topic denoted on the presenter's registration card. If a person who is registered to speak on a posted agenda item is not present when called upon, that person's opportunity to speak prior to action being taken on such topic shall be forfeited.

(5) A presenter may submit documentation pertaining to the public presentation to the Board office staff no later than three (3) calendar days prior to the posted meeting date where the presentation is to occur. Such documentation shall then be distributed to the Board. Any documentation submitted after the above-referenced date will not be distributed to the Board until after the presentation. A minimum of 12 copies of any such documentation shall be submitted to the Board office staff or distribution will not occur.

(d) Public comments.

(1) The Board defines its areas of jurisdiction in BP-2.00, which is available through the Board office at the address listed in subsection (c) of this rule, or on the Internet at http://tdcj.state.tx.us/policy/policy-home.htm. Twice a year at the second and fourth regular called meetings of the Board, an opportunity shall be provided for public comment on issues that are not part of the Board's posted agenda but are within the Board's jurisdiction. Special called meetings are not counted towards the requirement of this subsection.

(2) Persons who desire to make public comments to the Board at these meetings shall provide, on the date of the meeting, a completed registration card to onsite Board office staff at least ten (10) minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the Board's scheduled meeting is held.

(3) Pre-registration is available for public comments through first class mail (P.O. Box 13084, Austin Texas 78711) or email (tbcj@tdcj.state.tx.us). Pre-registration shall be received by the Board office staff no earlier than the first day of the month preceding the Board meeting for which the registration is intended and no later than four (4) calendar days prior to the posted meeting date where the comments are to occur. In addition to the information required in subsection (d)(4), pre-registration submissions shall include appropriate contact information (daytime phone number and/or email address) for the individual who is registering to speak.

(4) Registration cards and pre-registration submissions shall disclose:

(A) the name of the person who will make the comments;

(B) a statement as to whether the person is being remunerated for the comments and if so, by whom; and, if applicable, the name of the person or entity on whose behalf the comments will be made;

(C) a statement as to whether the presenter has registered as a lobbyist in relation to the topic being addressed;

(D) the topic on which the person shall speak and whether the person will speak for or against the topic; and

(E) a statement verifying that all information that will be presented is factual, true and correct to the best of the speaker's knowledge.

(5) The Board Chairman shall have discretion in setting reasonable limits on the time allocated for public comments. If several persons have registered to address the Board on the same topic, it shall be within the discretion of the Board Chairman to request that those persons select a representative amongst themselves to express such comments, or limit their comments to an expression of support for views previously articulated.

(6) Public comments shall be heard just prior to the conclusion of the Board meeting, with deviation from this practice within the discretion of the Board Chairman. If a person who is registered to speak on a non-posted topic is not present when called upon, that person shall be called once more following all other registered speakers. If that person is not present at that time, their opportunity to speak at that meeting shall be forfeited.

(7) Presenters may submit documentation pertaining to the public comments to the Board office staff no later than three (3) calendar days prior to the posted meeting date where the comments are to occur. Such documentation shall then be distributed to the Board. Any documentation submitted after the above-referenced date will not be distributed to the Board until after the comments. A minimum of 12 copies of any such documentation shall be submitted to the Board office staff or distribution will not occur.

(e) Disability accommodations. Persons with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the Board office at (512) 475-3250. Requests for accommodations shall be made at least two (2) calendar days prior to a posted meeting. The Board shall make every reasonable effort to accommodate these needs.

(f) Conduct and decorum. The Board shall receive public presentations and comments as authorized by this rule, subject to the following additional guidelines:

(1) Due to requirements of the Open Meetings Act, questions shall only occur on public presentations as defined herein (not as to public comments as defined herein) that are associated with posted agenda topics and they shall be reserved for Board members and staff recognized by the Board Chairman;

(2) Presentations and comments shall remain pertinent to the issues denoted on the registration cards;

(3) A presenter who is determined by the Board Chairman to be disrupting a meeting shall immediately cease the disruptive activity or leave the meeting room if ordered to do so by the Board Chairman; and

(4) A presenter may not assign a portion of his or her allotted presentation time to another speaker.

(g) A presenter may not carry or possess a prohibited weapon (as defined in Section 46.05, Texas Penal Code), an illegal knife, a club, or a handgun, to include a licensed concealed handgun, during any meeting of the Board.

(h) Requests for issues to be placed on an agenda. Persons not employed by or under contract with the WSD who wish to propose an agenda item for discussion on a Board meeting shall address the request in writing to the Chairman, Windham School District Board of Trustees, P.O. Box 13084, Austin, Texas 78711. Such requests shall be titled, "Proposed Agenda Topic" and shall be submitted no later than the first day of the month preceding the Board meeting for which the request is intended. Such requests are subject to the requirements of the registration card in subsection (c) of this rule. The decision as to whether to calendar a matter for discussion before the Board, a Board committee, a Board liaison, or with a designated staff member shall be within the discretion of the Board Chairman. Public presentations on topics placed on a Board agenda, at the request of an individual, shall be in accordance with subsection (c) of this rule.

Comments

Source Note: The provisions of this §300.1 adopted to be effective February 5, 2004, 29 TexReg 1199; amended to be effective February 17, 2005, 30 TexReg 714; amended to be effective October 7, 2007, 32 TexReg 6781

§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.

(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.

(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.

Comments

Source Note: The provisions of this §300.2 adopted to be effective April 22, 2004, 29 TexReg 3790; amended to be effective October 7, 2007, 32 TexReg 6782

§300.3: Employment Referral Services for Offenders--Memorandum of Understanding

(a) The Windham School District (WSD) Board of Trustees adopts the following memorandum of understanding (MOU) with the Texas Workforce Commission, the Texas Youth Commission (TYC) and the Texas Department of Criminal Justice (TDCJ).

Attached Graphic

(b) This MOU is required by the Texas Government Code, §501.095 and Texas Labor Code, §306.004 and §306.005.

(c) Copies of the MOU are filed in the WSD Administration Building, 804 F.M. 2821 West, Huntsville, Texas 77320 and may be reviewed during regular business hours.

Comments

Source Note: The provisions of this §300.3 adopted to be effective June 14, 2007, 32 TexReg 3587