Board Meeting Briefs – September 8, 2020


2020 –2021 Student Code of Conduct

The Board of Trustees approved the Student Code of Conduct for the 2020-2021 school year.

Each year, the Student Code of Conduct is approved by the Board for the school year. The Student Code of Conduct is developed using a template provided by Walsh-Anderson. The Student Code of Conduct content was reviewed for alignment to District policy as well as Positive Behavior Intervention Supports (PBIS) and Restorative Practices. The 2020-2021 Student Code of Conduct addresses all legal requirements and organizes the provisions of the law into a user-friendly framework for our students, parents, school staff, and community. Keeping the district focus of an aligned behavior plan, the student code of conduct, as well as all decisions and actions, will be weighed against this approach to changing behavior while modeling a positive, supportive learning approach.

As part of the review, the following revisions were made:

  • Beginning on page 7, the duties of the DVISD Police Department Officers were added now that the department has been established
  • Minor grammar updates were made throughout the document. No other revisions were made to the document as this was not a legislative year with required updates. The Student Code of Conduct will be posted online after it is approved


Consider and Act on Submitting Texas Education Agency Request for Maximum Class Size Exception Waiver

The Board of Trustees approved the submission of the classroom size waiver for the 2020-2021 school year.

A waiver must be submitted to the Texas Education Agency (TEA) for every kindergarten through fourth grade classroom in which the student-teacher class ratio is greater than 22.

Currently, administration is recommending the submission of five class size waivers:

  • Kindergarten classroom at Hornsby
  • 2nd grade classroom at Baty
  • Kindergarten classroom at Smith
  • 2nd grade classroom at Smith
  • 3rd grade classroom at Smith.

The Human Resources staff will continually monitor class sizes and may have additional class size waivers to bring to the board if enrollment increases. This will be updated each month to highlight any increases in the number of classes that exceed the 22-student class limit.


Consider and Act on Approval of Agreement for the Purchase of Attendance Credit (Netting Chapter 48 Funding) as related to Chapter 49 of the Texas Education Code

The Board of Trustees approved the agreement for the purchase of attendance credit (netting Chapter 48 funding) as related to Chapter 49 of the Texas Education Code. 

House Bill 3, which was passed in the most recent legislative session initiated substantial changes to the State’s recapture program (also known as Robin Hood).Local revenue generated by school districts in excess of the state’s entitlement level must be returned to the state.

Pursuant to Texas Education Code (TEC), §§48.257 and 49.004, the Texas Education Agency (TEA) has determined that the District’s tier one local share under TEC, §48.256 will exceed the District’s entitlement under TEC, §48.266(a)(1) less the District’s distribution from the state available school fund, and that the District’s tier two local share described by TEC, §48.266(a)(5)(B) will exceed the amount described by TEC, §48.202(a-1)(2) for school year 2020–2021.

At this time, the District is not required to pay recapture but is required under TEC to delegate contractual authority to obligate the school district under Texas Education Code (TEC) §11.1511(c)(4) to the superintendent, solely for the purpose of obligating the district under TEC, §48.257 and TEC, Chapter 49, Subchapters A and D, and the rules adopted by the commissioner of education as authorized under TEC, §49.006. This includes approval of Agreement for the Purchase of Attendance Credit (Netting Chapter 48 Funding).


Consider and Act on Ordinance Adopting Maintenance and Operations and Interest and Sinking Tax Rates for 2020-2021

The Board of Trustees approved the proposed maximum Maintenance & Operations tax rate of $.9270 and the Interest & Sinking tax rate of $.3300 for a total maximum tax rate of $1.2570 for 2020-2021.

We are in the second year of the enactment of House Bill 3 which required lowering the Maintenance & Operations (M & O) tax rate. The proposed Maintenance & Operations (M & O) tax rate is $.9270. This is 4.3 cents lower than last year’s rate. The proposed Interest & Sinking (I & S) tax rate is.3300 which is 1 cent lower than last year’s rate. This year’s tax rate compared to last year’s tax rate is an overall decrease of 5.3 cents.


Consider and Act on Order Canceling School Board Elections on November 3, 2020 for unopposed Single Member Districts

The Board of Trustees accepted the certificate of unopposed candidates and approved the cancellation for the trustee election of unopposed candidates.

Texas election laws permit the cancellation of unopposed elections to save the district the cost of holding an election where the outcome is already known. To initiate the cancellation process, the authority responsible for preparing the ballot must certify the unopposed status to the authority responsible for ordering the election. The governing body must meet, accept the certification, and issue an order declaring the election cancelled and the unopposed candidates elected. The cancellation order must be adopted in an open meeting. The candidates are not required to be present. Candidates must wait until on or after Election Day to take the oath of office. Fiscal Notes: If the order is approved the district will save the cost of holding an election for unopposed Single Member Districts.


Consider and Act on TASB Local Policy Update 115, Affecting Local Policies

The Board of Trustees approved the Local Policy Updates as presented.

Periodically, TASB proposes changes to the district’s local policies. A summary of the proposed changes is set forth below.

BF BOARD POLICIES The revision to this policy reinforces the practice that (LEGAL) policies are not adopted by the board. They serve as legally referenced material to provide information on existing law and, in some instances, context for your district’s (LOCAL) policies. It is always important to read the (LEGAL) and (LOCAL) policies for the same code together.



DIA (LOCAL) has been revised to incorporate the recent United States Supreme Court decision Bostock v. Clayton County, Georgia which held that and adverse employment action against an employee on the basis of homosexuality or transgender status violates Title VII’s prohibition on sex discrimination in employment. As a result, the policy clarifies that discrimination on the basis of sex includes discrimination on the basis of biological sex, gender identity, sexual orientation, gender stereotypes, or any other prohibited basis related to sex.

First, the provisions on partial credit reflect a change in terminology in the rules. Instead of referencing the award of credit per semester, the district is permitted to award credit proportionately when a student receives a passing grade in half of a course.

Another change addresses the method by which the student earns credit for failing part of a course. Policy text requiring the student to retake the portion of the course with a failing grade has been deleted. The removal of this provision provides administrators flexibility in selecting the most appropriate method for a student to earn credit for the failed part of a course.

Some district’s policies include provisions on late enrollment or withdrawal of mobile students. To avoid conflict with the new rules addressing transition assistance for highly mobile students who are homeless or in substitute care, we recommend deleting these provisions. Required policy provisions on transition assistance will now be placed in FD (LOCAL). Any district administrative procedures would need to align with the new rules.

FB EQUAL EDUCATIONAL OPPORTUNITY Minor revisions are recommended to FB (LOCAL) to adjust the text addressing the Title IX coordinator and to make corresponding wording changes to the ADA/Section 504 coordinator text.
FD ADMISSIONS We are recommending new provisions at FD (LOCAL) to meet local policy requirement from the Administrative Code rules on transition assistance for highly mobile students who are homeless or in substitute care. The policy must address awarding credit earned prior to the student enrolling in or transferring to the district.
FEB ATTENDANCE ACCOUNTING Policy FEB (LOCAL) provides information on attendance accounting. Administrative Code rules were amended to delete a reference to taking attendance during the 2nd or 5th instructional hour. Now, the district can determine its official attendance-taking time. The recommended policy text assigns to the superintendent the responsibility to designate this attendance-taking period. There is not a requirement to include the official attendance-taking time in board policy; it may be designated in administrative procedures.



Significant revisions have been made to this local policy on child abuse and neglect to comply with amended Administrative Code rules. Recommended text addresses sexual abuse, trafficking, and maltreatment of children. This information must also be included in the student handbook and in the district’s improvement plan.

To ensure that all policy elements are addressed in the board-adopted FFG(LOCAL), we have moved provisions from FFG(EXHIBIT) to the local policy. The exhibit is recommended for deletion.




There are substantial revisions recommended to both DIA (LOCAL) and FFH (LOCAL) to comply with the federal regulations. The most significant change addresses the development of the district’s Title IX formal complaint process and the standard of evidence the district will use to determine responsibility in a Title IX formal complaint



FMF (LOCAL) covers student contests and competitions. There is no requirement for board-adopted policy on these topics. The district can include guidance on these activities in administrative procedures, the student handbook, or the district’s extracurricular handbook.



FNG (LOCAL) and GF (LOCAL) address the issue of grievances for students and parents and for the public. The recommended revision specifies that an individual who files a complaint after being ejected or removed from district property is entitled to address the board within 90 calendar days, if the complaint is not resolved at the administrative level.


Closed Session

The Board approved action items that were discussed during Closed Session.


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