Meeting Agenda and Notice
Home-Rule School District Charter Commission
A Meeting of the
Home-Rule School District Charter Commission, appointed by the
Dallas Independent School District Board of Trustees, will be held
Monday, July 7,
2014, beginning at 5:30 p.m., in Room 105 at the Dallas ISD, Central Administration
Building 3700 Ross Ave, Dallas, Texas 75204.
The subjects to be discussed or considered or upon which any formal action may be taken are listed below. Items do not have to be taken in the same order as shown on this meeting notice and agenda.
1. CALL TO ORDER AND ESTABLISH QUORUM
a. Bob Weiss, Interim Chair
2. ADMINISTRATIVE ACTION ITEMS
a. Administration of Oath of Office
b. Discussion and Consider Acceptance of a Resolution Authorizing the Home- Rule School District Charter Commission to Consider Framing a Charter for the District
c. Election of Officers, Chair, Vice Chair and Secretary
d. Overview of Home-Rule School District Charter
e. Open Meetings Act Training
f. Public Information Act Training
g. Orientation of the Texas Education Code
h. Discussion and Consider Acceptance of Home-Rule School District Charter
Commission Operating Procedures
3. GENERAL DISCUSSION
a. Communications Protocol
b. Meeting Dates and Times
4. CLOSED SESSION - as authorized by the Texas Open Meetings Act, Texas
Government Code Chapter 551.
a. For private consultation with its attorney regarding all matters related to Home-Rule and the formation of a Home-Rule School District Charter Commission.
5. ADJOURN
If, during the course of the meeting, discussion of any item on the agenda should be held in a closed meeting, the commission will conduct a closed meeting in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, Before any closed meeting is convened, the presiding officer will publicly identify the section or sections of the Act authorizing the closed meeting. All final votes, actions, or decisions will be taken in open meeting.
The notice for this meeting was posted in compliance with the Texas Open Meeting Act on:
Monday, July 1, 2014
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DALLAS INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES RESOLUTION
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
RESOLUTION AUTHORIZING THE
HOME-RULE DISTRICT CHARTER COMMISSION
TO CONSIDER FRAMING A CHARTER FOR THE DISTRICT
The Dallas Independent School District (“District”) derives its legal status from the Constitution of the State of Texas and the Texas Education Code as passed and amended by the Legislature of Texas. The District vision is to be a premiere urban school district, with a mission of educating all students for success.
The Board of Trustees (“Board”), as the duly elected corporate body has the exclusive power and duty to govern and oversee the management of the public schools of the District. The Board may adopt rules and bylaws necessary to carry out these powers and duties. All powers and duties not specifically delegated by statute to the Texas Education Agency (“TEA”) or the State Board of Education are reserved for the Board.
WHEREAS, Texas Education Code, Section 12.011 authorizes a school district to adopt a home- rule school district charter under which the district will operate; and
WHEREAS, Texas Education Code, Section 12.014 states, “The board of trustees shall appoint a charter commission to frame a home-rule school district charter if: (1) the board receives a petition requesting the appointment of a charter commission to frame a home-rule school district charter signed by at least five percent of the registered voters of the district”; and
WHEREAS, on May 15, 2014, representatives of an organization known as Support Our Public Schools, a Texas Corporation operating under the Internal Revenue Code, Section 501(c)(4), presented and delivered petitions to the District Executive Director for Board Services on behalf of the Board of Trustees; and
WHEREAS, on May 22, 2014, the District Executive Director for Board Services reported to the Board that the petitions had been verified and contained the requisite number of signatures by registered voters of the District; and
WHEREAS, Texas Education Code, Section 12.015 (a) states, “Not later than the 30th day after the date of receipt of a petition or adoption of a resolution under Section 12.014, the board of trustees of the school district shall appoint 15 residents of the district to serve on the commission to frame a charter for the district”; and
WHEREAS, Texas Education Code, Section 12.015 (b) states, “The membership of the charter commission must reflect the racial, ethnic, socioeconomic, and geographic diversity of the district. A majority of the members appointed to the commission must be parents of school-age children attending public school. At least 25 percent of the commission must be classroom teachers selected by the representatives of the professional staff pursuant to Section 11.251(e)”; and
WHEREAS, Texas Education Code, Section 12.015 (c) states, “The charter commission must complete a proposed charter not later than the first anniversary of the date of its appointment. After that date, the commission expires and the appointment under Section 12.014 is void”; and
WHEREAS, Texas Education Code, Section 12.015 (d) states, “A charter commission appointed under this section is considered a governmental body for purposes of Chapters 551 and 552, Government Code”; and
WHEREAS, on June 4, 2014, the Districtwide Advisory Committee elected and recommended Isaac Freeman, Ron Oliver, Bonita Reece and Julie Sandel to serve as teachers on the Home-Rule School District Charter Commission; and
WHEREAS, on June 19, 2014, the Dallas ISD Board of Trustees nominated and appointed 15 residents, of the district to serve on the Dallas ISD Home-Rule District Charter Commission in accordance with the Texas Education Code, Section 12.015; and
WHEREAS, on June 19, 2014, Melissa Malonson was nominated by District 1 Trustee Elizabeth Jones; and
WHEREAS, on June 19, 2014, Edwin Flores was nominated by District 2 Trustee Mike Morath; and
WHEREAS, on June 19, 2014, Jeff Veazey was nominated by District 3 Trustee Dan Micciche; and
WHEREAS, on June 19, 2014, Ricardo Mendez was nominated by District 4 Trustee Nancy Bingham; and
WHEREAS, on June 19, 2014, Lew Blackburn Jr. was nominated by District 5 Trustee Lew Blackburn; and
WHEREAS, on June 19, 2014, D. Marcus Ranger was nominated by District 6 Trustee Carla Ranger; and
WHEREAS, on June 19, 2014, Jerome Garza was nominated by District 7 Trustee Eric Cowan; and
WHEREAS, on June 19, 2014, Danae Gutierrez was nominated by District 8 Trustee Miguel Solis; and
WHEREAS, on June 19, 2014, Shirley Ison-Newsome was nominated by District 9 Trustee Bernadette Nutall; and
WHEREAS, on June 19 2014, Bob Weiss and Stephanie Elizalde were nominated as Members- at-Large to serve on the Home-Rule School District Charter Commission by Dallas ISD Board of Trustees; and
WHEREAS, on June 19, 2014, Dallas ISD Board of Trustees voted to accept the recommended teachers elected by the Districtwide Advisory Committee and appointed Isaac Freeman, Ron Oliver, Bonita Reece and Julie Sandel to serve on the Home-Rule School District Charter Commission; and
WHEREAS, Bob Weiss was duly appointed by the Dallas ISD Board of Trustees to serve as Interim Chair; and
WHEREAS, the District Superintendent of Schools is hereby directed to provide reasonable and appropriate resources to support the Home-Rule School District Charter Commission for the duration of its tenure; and
WHEREAS, the Board expects the Home-Rule School District Charter Commission to operate in a deliberate, collaborative, and inclusive manner, involving a broad representation of the registered voters of the District in the formation process for the charter; and
WHEREAS, the Commission is expected to operate in accordance and compliance with federal and state law, and District policy; and
WHEREAS, the draft Home-Rule School District Charter Commission Operating Procedures, which is attached hereto as Exhibit “A” and incorporated herein by reference is recommended as a suggestion for the Commission which may be adopted, changed, modified or rejected within the sole discretion of the Commission; and
WHEREAS, the Commission has the sole discretion and authority to determine that no Home-Rule School District Charter need be adopted.
NOW THEREFORE, BE IT RESOLVED, the Dallas ISD Board of Trustees authorizes the
15 Member Home-Rule Charter District Commission to commence work to consider the need for and to develop a new charter to be considered by the residents of the District and to complete its work within one year as provided by law.
BE IT FURTHER RESOLVED, in the event of a vacancy on the Commission prior to the expiration of the Commission term, the Board shall fill the vacancy by utilizing the same process for appointment of initial Commission members.
Adopted on this _______ day of June, 2014.
DALLAS INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES
By: ______________________________________
Miguel Solis
President of the Board
ATTEST:
By: Dan Micciche
Board Secretary
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EXHIBIT “A”
Home-Rule School District Charter Commission Operating Procedures
The Home-Rule School District Charter Commission Operating Procedures (“Operating Procedures”) shall govern the operations of the Charter Commission (the “Commission") and are not intended to confer legal rights on any person. At no time are the Operating Procedures intended to supersede federal or state law and District policy.
The Trustees, as a body corporate, have the exclusive power and duty to govern and oversee the management of the public schools of the District. The Trustees may adopt rules and bylaws necessary to carry out these powers and duties.
All powers and duties not specifically delegated by statute to the Texas Education Agency (“TEA”) or the State Board of Education are reserved for the Board. Texas Education Code, Section 11.151(b) and (d).
Section I: Purpose and Authority.
A. Purpose. The purpose of the Commission is to draft a charter that complies with the requirements of Texas Education Code §12.016. The requirements are as follows:
1. Describe the educational program to be offered;
2. Provide that continuation of the charter is contingent upon acceptable student performance on assessment instruments and compliance with other applicable accountability provisions;
3. Specify any basis, in addition to a basis specified at Texas Education Code, Chapter 11, Subchapter B, on which the charter may be placed on probation or revoked;
4. Describe the governing structure of the District and campuses;
5. Specify any procedure or requirement, in addition to those at Texas Education Code, Chapter 38, the District will follow to ensure the health and safety of students and employees;
6. Describe the process by which the District will adopt an annual budget, including the use of program-weight funds;
7. Describe how the annual audit of the District's financial and programmatic operations will be conducted, including how the District will provide the necessary information to participate in the Public Information Management System; and
8. Include any other provision the Commission considers necessary.
B. Authority. The Commission was formed under Texas Education Code §§ 12.014 and 12.015.
Section II: Membership.
In accordance with Texas Education Code §12.015(a), members of the Commission are appointed by the Board of Trustees of Dallas Independent School District (“Dallas ISD”) and shall consist of fifteen (15) members, which shall include at least eight (8) parents, and at least four (4) classroom teachers. Members shall serve without compensation.
Section III: Commission.
The Commission shall have a Chair initially appointed by the Board of Trustees of Dallas ISD. Any vacancy of the Chair shall be elected by a majority vote of the members present at a duly called meeting in which a quorum of the Commission is present and voting in compliance with Chapter 551 of the Texas Government Code ("Texas Open Meetings Act").
Section IV: Agenda; Meetings; Minutes; Attendance.
A. Meetings. Meetings of the Commission are subject to the Texas Open Meetings Act. The Commission will meet at such intervals as are necessary to carry out its duties. Meetings shall be called by the Chair. The Chair shall preside at all meetings of the Commission. The Commission meetings shall be conducted in pursuant to Robert’s Rules of Order Newly Revised parliamentary procedures.
B. Agenda. In accordance with the Texas Open Meetings Act, no item shall be placed on the Agenda less than 72 hours in advance of the posted meeting, unless an emergency or urgent public necessity exists.
C. Minutes. In accordance with the Open Meetings Act, minutes shall be recorded and kept at each meeting of the Commission by the Dallas ISD Board Services ("Board Services").
D. Attendance. Members are required to sign in and out at each meeting. A member's attendance at or absence from a meeting shall be recorded and maintained by Board Services. Commission members shall endeavor to attend all meetings and may be absent for no more than three (3) meetings. Any member absent from more than three (3) meetings during two (2) consecutive months shall be deemed to have resigned from the Commission, and another eligible person shall be appointed to fill the vacancy.
Section V: Quorum. A majority of the Commission constitutes a quorum for any duly called meetings of the Commission.
Section VI: Member Orientation. Commission members shall attend compliance training as required by Texas law. Specifically, all members shall attend training on the Texas Open Meetings Act and the Public Information Act within 90 days after assuming duties as a member of the Commission.
Section VII: Conflict of Interest. Each member shall sign a Statement of Disclosure according to Chapter 171 and Chapter 176, Texas Local Government Code.
Section VIII: Guidance.
A. Public Hearings: The Commission shall receive information and input from residents of the District from all sources including, but not limited to, the following: 1) District online website, and 2) public hearings throughout the geographic area of the District, including at least one hearing in each Trustee district.
B. Information: The Commission shall analyze the information regarding the District from residents of the District to ascertain and determine positive aspects of the District, with recommendations for expansion of such positive aspects throughout the District, and negative aspects, with recommendations on how to resolve such negative aspects.
