Monday 05 November 2012

School Board Presentation: Katy ISD Education Foundation Moving Forward

The Katy ISD Education Foundation has presented a new, updated memorandum of understanding to the school district board of trustees, paving the way for the foundation to begin fundraising for the district.

Foundation President Chris Crockett presented the new memorandum to trustees during this week’s school board work study session.

The new document addresses most of the concerns raised by trustees when the first version was presented last November.

At that time, the proposed agreement, which is designed to establish the linkage between the district and the foundation, ran into a buzzsaw of opposition as trustees peppered then-Executive Director Marcy Canady and then-Foundation President Gavrel with questions. A number of trustees objected to the extremely close relationship the agreement created between the supposedly independent foundation and the district.

This time the board’s response was far different, with trustees showing a much higher comfort level with the proposed document.

In the months since the initial agreement was presented, Canady stepped down from the executive director post to become principal of McRoberts Elementary School. Gavrel resigned as foundation president.

Crockett, a former Katy ISD board member, was elected president last month. The executive director position was eliminated.

In her opening remarks, Crockett cited a demonstration by the Cinco Ranch Robotics Team at last month’s school board meeting and example of the kind of program the foundation could fund.

“One of the great things a foundation can do is bridge that gap and allow innovation to be financed,” Crockett said. “We’re at a time where we face unprecedented challenges in terms of state funding, we’re lucky if they give us the money to actually do what you all had told us to do, much less anything innovative in the way of a pilot project. A foundation can provide the funds for funding innovation.”

Crockett also said such foundations were not new, having first been developed as far back as the 1970s.

“There are a lot of foundations in this area, but we have not had one until recently,” she said.

Crockett also said there were more than 4,800 such foundations around the United States serving school systems ranging from urban to rural, and from large to small. She noted the one thing all the foundations had in common was that they existed to “serve as a bridge between the (school) district’s strategic plan and the community’s desires.”

She also said the foundation was “more than a fundraising body.” Such organizations can also “achieve positive public relations” and could be used to “engage the community in ongoing improvement” and seek additional grant funding that is not currently available to school districts,” she explained.

Crockett also pointed out that the creation of a foundation was “a long-standing goal of the board of trustees” and had been one of the first directives given to Superintendent Alton Frailey when he was hired by the district.

The foundation filed its certificate of formation in May of 2011. Shortly thereafter, it received a 501(c)3 nonprofit designation from the IRS.

Crockett told the board the new memorandum of understanding had been developed based on the board’s concerns from last November. She said “drastic” changes had been made.

The changes included greater autonomy of the foundation without as strong a “link” to the school district, the removal of the district-funded executive director position and moving the superintendent and board liaison to non-voting, advisory status on the foundation’s board. Additionally, the school administration has the option of appointing a liaison to the foundation to serve as a “contact point.”

Trustee Bill Proctor agreed the changes made the foundation much more palatable for the board.

“I like the change. I think the advisory nature in any capacity with any organization is very good,” Proctor said.

Crockett said having the superintendent and a board member as an advisory member of the foundation board simply kept the two entities from “going in two different directions.”

Proctor asked if the foundation had received any concerns from existing district or campus booster organizations.

“I have had a little bit of that, but not a lot,” Proctor said.

Crockett said the foundation would not be competing for the same dollars as existing groups. She stressed the foundation would be focused on “different goals, different dollars and different messages,” and would play “a different role in the community.” 

“The dollars are very different,” she said.

She also said many private corporate grants can only go to 501(c)3 groups, and existing organizations like booster clubs and Friends of Katy ISD do not have that tax-exempt status.

Trustee Henry Dibrell said he was pleased to see the changes and the strengthening of the foundation’s position as a totally autonomous entity from the school district.

“I believe you have moved (the foundation) to a place of autonomy, and I congratulate you on that. I think we should just move ahead on this,” Dibrell said.

The foundation’s proposed first-year budget calls for $133,000 of “in-kind” contributions from the district, with an equal or greater amount being raised by the foundation. The goal, trustees were told, was to annually decrease the school district’s contribution while increasing foundation-raised money to a point where the foundation would be able to fund school projects.

Frailey stressed the school district’s contribution would be in-kind services only, and “not a check we’re writing to the foundation.”

The foundation’s planned initial activities include a “founder’s campaign,” fundraising activities such as a golf or fishing tournament and seeking grant funding.

Crockett stressed the foundation does not plan to use its money to pay for “building buildings and providing hardware.”

“We would not want to spend money on something that the school district is already spending money on,” she said.

The foundation is also continuing to seek additional board members. Currently, there are 21 board members, but the foundation’s by-laws allow for as many as 35.

In “building the board,” Crockett said the foundation was looking for additional directors that “reflect the diversity of our school district.”

Trustees were asked to submit names of possible foundation board members to School Board President Rebecca Fox. Fox, in turn, will forward those names to the foundation.

“We would be happy to consider anybody who is nominated,” Crockett said.

The presentation to the school board was informational only and no formal action was taken.

61 Comments

  1. Ross Raymond says:

    I for one am very pleased the foundation was able to both retool and position itself to do our community some serious good.

    As for Chris taking over that is a master stroke. She is a perfect match for the job. She has been a long time volunteer for causes both inside our schools and with other groups, she has a deep connection to the district, and she knows the players. Add to it her honestly and willingness to take on a challenge and you have the making for a wonderful president to lead the foundation forward.

    I look forward to hearing what they will do with the money raised and how this will help our students and classroom teachers in the years to follow.

    How about publishing an address where contributions can be sent?

  2. Mary McGarr says:

    Ross–This is one time we’ll have to disagree.

    Mrs. Crockett was proposing the foundation before she was ever appointed to the board. Foundations are an underhanded and deceptive means of providing money for projects and purposes that may not be agreeable to the School Board or to parents of school children. And once they have the funding and the board’s blessing, no one will ever know what they are doing with that money.

    More importantly this is just another example of the way naive school board members who have not done their homework get sucked in to schemes that are designed to take away more of their power.

    The SCHOOL BOARD, not a foundation, is supposed to have control of the money of the government which they are charged with overseeing. If they deliberately create another entitiy to collect and spend money that is outside their control, they will have willingly given up a power that is legally theirs –until, of course, they mindlessly give it away! The act of giving away of their powers is not why I voted for any of them!

    Before the Board ever casts a vote on this matter, they should ask to see the yearly audits that the Texas Education Agency began mandating in 2004-05 which will show them how much money is being generated already by donations. The ruling by the Governmental Accounting Standards Board, requires school districts to determine whether their charitable entities are “financially significant’ and should be included in the district’s year-end financial statement.” These contributions are considered as assets to the district. A good question would be, what will the effects of this additional funding (over which the board has no control) be to the school district?

    And to suggest that Chris Crockett, who was soundly defeated a year ago by Bill Proctor 2,644 to 1,846 –that’s by 798 votes!–should now be welcomed back into the fold as the “president” of such a group when the electorate threw her out of office because she voted to fire teachers and sanctioned the way they were let go –is not the wisest thing to do!

    How short your memory is!

    I would also point out that anyone or any organization may give donations to our public schools whenever they want to and for whatever purpose. The District already receives those donations, and the Board is probably approving them in the Consent Agenda from time to time.

    An educational foundation has been being proposed for twenty years in Katy ISD. As a KISD board member I fought against the concept in the 1990′s. A wiser board than this one rejected the idea. Stanley Thompson had warned us that we should be wary of attempts to erode and eviscerate our power. He was right then, and his admonition is still right.

    I guess we’ll see how smart and wise our current Board is next Monday night!

  3. Mary McGarr says:

    When Cy-Fair had a “gala” to raise money for their foundation, here’s who contributed: Adam & Bing, P. C.; Bracewell & Patterson LLP; Compaq Computer Corp.; Linebarger, Heard, Goggan, Blair, Graham & Pena LLP; Vinson & Elkins L.L. P.; SHW Group; Bay Architects Inc.; Cobourn Linseisen & Ratcliffe Inc.; Cy-Fair Federal Credit Union; Cypress Fairbanks Medical Center Hospital; Friendswook Development Co., Fox & Bubela Inc.; H-E-B Pantry Foods; The Associates; The Caldwell Watson Real Estate Group; Toshiba International Corp.; Wyman Gordon Forging; Baker-Jackson Nissan Oldsmobile; Barbara Birkes & Friends; Basic Office Supply; Coles Crossing; Cypress-Fairbanks Rotary Club; DiCarlo/AmeriPro; Emmott Family, Hancock Family; Houston Aeros Charities; Houston Lighting & Power Co.; Houston Community College Northwest; Independence Bank; Jerry Albrecht Insurance Agency Inc.; Kainon Group; NCI Building Systems L. P.; Northwest Bank; Omni Houston Hotel; Pinkerton Inc., Pride & Recognition by Balfour; Shell Oil Co.; Silver Eagle Dist.; Southwest Bank of Texas; Southwestern Bell; Star Enterprise; Steel Supply Inc.; Sterling Bank-Admin; Magnum; Tomball College; Wilbern Family; Yancey-Hausman Interests; and Yeager Family.

    See any familiar names? Is it a good idea to make activities of public schools dependent on the good will — and business fortunes — of private entities?

    We’re all familiar with foundations at the national level. They are a way for those with lots of money to avoid taxes while setting up an organization to use those untaxed dollars for the purpose of influencing policy in all sorts of places.

    Local foundations are not created on such a grand scale, and they don’t have money, per se, (other than what the school district gives them of our tax dollars) and so have to beg for funds. But those funds come with strings attached. People don’t just give away large sums of money for the heck of it. They are buying influence. Anyone who cannot see that is blind.

  4. HaveANiceDay says:

    I have to add Ross that I usually admire your intellect in school politics but some times you have to call crap what it is JUST CRAP and I thank Mary for her sense on this one. This seems to me like a person who got booted out of office but refuses to go away. Chris needs a job maybe a hobby but she needs to go away. Sorry Chris your services are no longer needed in this area. Bye Bye.
    HaveANiceDay

  5. babytiger says:

    I have come to know Mrs. Crockett and find her 2011 defeat to be more of a victim of circumstance and timing rather than over her performance as BOT member or volunteer…

    • westsidebill says:

      That statement completely displays why many long-time BOT/district watchers consider yourself and “your guys” firmly entrenched as status quo members of the community.

      • babytiger says:

        I call them like I see them… I’m not necessarily for this fundraising deal and would need to learn more to fully support it… On the surface, at first glance, I certainly question the need and function… Just like many topics I prefer to find out more before I convict and pass judgement… As for Chris Crockett, from a personal standpoint and one with not much history, I don’t question her integrity or desire to bring positive things to the district as she has not given me any reason to do so… I cannot say the same thing for others I have met…

        Long-time BOT watchers, the more I learn the more I see contradictions in your (the group) actions, fuzziness in your positions and a lack of actual truth in your statements… The MO conversation is just such an example… No facts… No backstory… Only past history as a guide to your decisions and convictions…

        Think what you like… It’s nice to have you stuck in your corner, beating a stinking dead horse, while the rest of us try to actually move issues forward and make things a little better than when we arrived, no matter when that was…

        Queue the circular reference in…3…2…1…

        • westsidebill says:

          You “call ‘em like I see ‘em”; that’s fine. From my perspective, you appear to be VERY near-sighted.

  6. Mary McGarr says:

    Baby Tiger,

    I appreciate that you were one of five people to show up for School Board Member Bill Proctor’s Town Hall Meeting Tuesday night, and I recall that you were at the last one that he held too. There should have been a thousand parents there. Dr. Proctor is the only school board member in a long time who is making himself available for questioning and providing some answers. He also is listening to his constituents. You have to admit that it’s refreshing!

    You made apt comments at those meetings, and I felt as though you were there to learn and not be judgmental. If you recall, I emailed you after the first meeting with a full explanation of the history of the usurpation of the right of all board members to place items on the agenda under former superintendent Merrell’s reign.

    If you continue to be objective in your comments, we COULD all move forward on some issues. As you may realize, I love to argue–as do you. It’s an ok practice until someone inserts the name-calling and vitriol. Then it gets personal and that doesn’t help anything.

    As for Chris Crockett’s being a victim of circumstance, I refuse to give her a pass regarding the activities of the board in 2011. The board of which she was a part allowed the superintendent to present bad information and then because she didn’t do her homework/and/or she isn’t wise enough to know that legislative budgets are for two years, not one, she made some votes based on bad information. They cost her the election. She should have been furious at Frailey and Harris.

    The public was not forgiving of her ineptitude, and she should not expect them to be. For her to come back as the “president” of a reworked group that seeks to undermine the school board’s authority is not a good way for her to get back into the public’s good graces, in my opinion.

    I have no doubt that the foundation is a fait accompli, and we will hear of their wonderful accomplishments ad nauseam the entire school year, but it will certainly provide a good reason to also vote out Adams and Fox next May.

    My goal in this matter is to make the public realize that we have to base what we do on principle. No matter the level of government, we have to insist that it be fair to all parties and that philosophies that are detrimental to our democracy be exposed and seen for what they are. We cannot just let those, who are still in the minority, but just barely, take over our country. Their method is to begin at the grassroots level, and that is what a local school district is. What we do here matters.

    • babytiger says:

      There can never be a bridge built without first surveying the land on both sides… I go to as many of Bill’s meetings as I can to learn both sides of the issues and to begin to understanding where people are coming from…

      While I may not agree with one point or another but I find listening is more of a benefit than forming an opinion with input… I try not to go into a situation with a preconceived outcome and many times my mind can be changed or modified with reasonable conversation or factual input… I might as well be from Missouri because I want to see it to believe it… Just saying its so doesn’t work for me…

      Regarding the 2011 election, I don’t believe it mattered who was in office as the overall tone was to replace them all without question… That’s what I mean about wrong place and the wrong time… It’s no indication to me that one person deserved to be, or is still, banished from service… Some may have that feeling, but not me…

      Yes I like to have “discussions” and enjoy open dialogue as that improves my understanding of issues and the positions others might take… It helps me see why and in some cases why not to support a position… People can have a preconceived opinion of my beliefs or intentions and that’s fine… Just back it up and lets talk about it… Start the name calling and, well, there we go again…

      • HaveANiceDay says:

        tiger,
        I have never disrespected you. I truly love hearing your ideas and I do not think I am too terribly closed minded. I can feel your passion for the children in our district through your posts. However, I have been in this districts for many years and yes I judge those who, in my opinion, have sat on the BOT far too long for their actions and the direction of the district since I have been here. EVERYTHING they have done, the direction I see the district heading and the over all attitude of those who forgot they were placed to serve the taxpayers, children and teachers of our district. There are many wonderful aspects to our school district but there is so much room for improvement. No one on the BOT gets a pass for the ten years before 2011. 2011 was a slap in the face to all those they serve and it finally lit a fire under enough people to get out and make a difference but there were major problems well before then. Ms. Crockett in my opinion is a wanna be politician who long over stayed her welcome. When you can do no good then please do no harm and move on. She screams her convictions for the children but you did not see the devastation in my childrens eyes last year watching their teachers being dismissed and returning to the classrooms in emotional shambles. And then when we packed the meetings TAXPAYERS being told to sit down and shut up or be forcefully removed. PLEASE! Please spare me the small violin playing all those lost causes of board member sad little songs. I am only one voter but I am still MAD! Not one board member since has been reelected which was already long over due as it was and Fox and Adams you are next. But I will never give Ms. Crocket or any of those that caused so much harm and chance to harm again. It is time for them to move on and let us begin to repair the damage they so heartily caused.
        I hope you can now feel my passion through this post and as always,
        HaveANiceDay

        • babytiger says:

          HAND, I understand and respect your feelings… I do not defend the actions of others but I also recognize when a perfect storm blows in and takes no prisoners… No one I know who voted in 2011 knew anything about the incumbants… They knew about the teacher issue but not any of the backstory or who did what, when they did it or any of the details in the obvious mismanaged fiasco… Everyone to the letter said to vote for anyone without an “I” by their name… You may have a closer seat and a better view but from my seat that’s what was said and what we saw…

          I dont know what this next election will bring but I think it’s clear that many want a new direction and measureable results…

          • HaveANiceDay says:

            Just one added note I had been voting for anyone without an ‘I’ beside their name for years. Some of us were not the least bit surprised by the actions of 2011 as nothing the Katy ISD BOT could have done would have really shocked and awed those paying attention for some time. I was thrilled that so many finally got fed up enough to join me. I am not sure where this district heads now but the way I see we have no where to go but up. :)
            HaveANiceDay

  7. ledettm says:

    Well stated westsidebill.

  8. Mary McGarr says:

    Someone with more brains than I have had these observations and suggested these additional questions, and I repeat them here with permission:

    –”Nice way to shuffle money and give tax deductions to those already feeding at the District’s trough.

    –Is this a circular deal whereby the District buys goods and services from these vendors, pays them when they submit the bill, then the vendor gives a contribution back to the District, takes the tax write off and gets to participate in a gala, party, golf outing or fishing tournament where they are honored for their service?

    –Which Board meeting for which Board ever discussed the Foundation in a public meeting where it was a posted agenda item?

    –Which superintendent was there?

    –Which Board Members are on record from which Board as being in favor of a foundation?

    –Is the “president” of the foundation a paid position or a voluntary one?

    –Who wrote the by-laws for this organization?

    –Can we all see a copy of them?

    –Who appointed the 21 sitting Foundation Directors and when did that happen? What are their qualifications? Are those part of the By Laws?

    –How much was Ms. Canady paid to be the Director of the Foundation until she got another position?

    –What has been the total cost so far TO THE DISTRICT for the existence of the foundation that hasn’t been approved yet by the Board? If the board were to say they weren’t going to pay that expense, would the superintendent be on the hook for it?

    –Are there term limits to the service of the “president” and the “directors”?

    –Where will the Foundation be housed?

    –Who will pay for the electricity, water, phones and secretaries if the location is at a school district site? Will this be like the Xpediant deal?

    –How was the figure of $133,000 determined as being the “cost” to the district?
    What does that figure include?

    –Since the foundation will be competing for the “same dollars,” how will this fact affect the Athletic Booster clubs, the Chambers of Commerce, the EDC’s, the Lions Club, the Elks, the Rotary, the Youth Football Leagues, the Little Leage organizations, the Katy Christian Ministry, the PTA’s, the PTO’s, the Texas Children’s Hospital, the Band Boosters, the Orchestra Boosters, local churches, and the Project Graduation groups?

    –To state that these will be “different” dollars, is misleading at best.”

  9. babytiger says:

    Sounds like a good list of questions…

    • westsidebill says:

      You’re correct. Most of them are very good to excellent questions.

      And because you and “your guys” have no clue or ability to get a single one of those questions answered honestly without hurting your “standing” with the old guard and their puppeteer you “shockingly” have little to say. That’s good of course, as there’s no possible way to double-talk, misunderstand or simply twist the straightforward legitimacy of the questions as presented. Best to make a sarcastic remark and hope no one discusses the issue further.

      • babytiger says:

        You see, there you go again… I clearly stated I didn’t know anything about this foundation… I copied those questions and will look for answers myself… That’s much more than you will do because you can’t seem to have a decent conversation…

        How about answering my question about the MO finding… You can’t because you know I’m right and all you can do is throw in the “they did this” excuse… You’re not a solution person, only an complainer who’s been around so long that nothing seems to get done the way he wants it so you continue to hide in your Internet club… Sad and funny all at the same time…

        You’re such a prick sometimes and I really think you have no intention of actually doing anything other than just being a jerk… That’s okay, I’m not easily deterred… :-)

        • westsidebill says:

          babytiger:

          Three paragraphs, three names. That’s pretty efficient. I laugh about the “not a solution person”, as the depth of what you don’t know about myself and other long-timers’ contributions to the district is limitless. For someone who first came aboard the KISD political interest/campaign, in your own words, no more than 18 months ago you have hundreds of miles to traverse before you’ve earned the right to call out anyone on their behaviors/comments/contributions.

          It’s great that you’re interested in KISD now, and God knows how sad it is that more parents aren’t concerned about the reality of our situation, but for now you’ve done little more than attack people who question the many of the actions of the district. I trust Mary and Ross that you seem to be open-minded and engaged in public events – thank you for that – but your words online continue to protect “your guys” and the status quo. Until that changes, I will continue to challenge your comments in which I do not agree or simply question. However, you won’t see me display the name-calling efficiency that you have demonstrated at times here.

          • babytiger says:

            WSB, I try to get the most out of my bits and bytes… I used one of these :-)…

            Yes I do not know your accomplishments and mine are few if any… You just assume because you can… Assumptions do not make your statements true just your opinion… How many times have you met with Mr. Frailey or Mr. Adams… How many times have you been to the ESC for anything other than a BOT meeting… How many times have you met with any of the decision makers in the administration… If you answered more than zero, you have me beat…

            I do find email to be effective…

            Anyway, you seem to always end up at the same place… No answers… No conversation… No nothing… Just blaming with no backup… :-)

          • determinedmom says:

            babytiger,
            I have to laugh at one of your points back to westsidebill. “How many times have you met with Mr. Frailey?”

            My question to you is how many times have you met with him. The next question is what is so special about you when many parents not including myself have requested this same meeting have been laughed at and ignored? That is assuming you have met with him.

            You are a good man I saw this on your face a Proctors meeting. We don’t all have the right words or way of presenting information but there is something terribly wrong in this district. In fact it may be a statewide if not nationwide issue. Stay tuned many are working on this one :)

          • determinedmom says:

            One more thing babytiger I thought of you when I saw this video. It may be propaganda but if we all had the bravery and way with words of this child the world would be a much better place.

            Peace
            http://www.youtube.com/watch?v=G63vJvn-PlA&feature=plcp

        • babytiger says:

          Mom, I have NEVER had a meeting with him… I have NEVER spoke to him on the telephone… I have NEVER sent him an email… I have NEVER been in a meeting with him other than a BOT meeting… So, I guess I’m not so special either…

          • determinedmom says:

            Thank you babytiger I appreciate your answer so quickly. :) Have a great weekend.

  10. Ross Raymond says:

    Mercy, I turn my back and get dog piled on.

    People I repeat there is nothing fundamentally wrong with a foundation so long as it pays its own way and is independent of the ISD. In fact when you consider all the foundations big and small in the greater Houston area, they operate and they do no dis-service to the taxpayers or the school districts in which they operate, to my knowledge.

    The grip here is that the last proposal was so bad it made people mad and they questioned the motivation of those involved. The news that other foundations have not been successful is also distressing. The old proposal was a poorly drafted one and it needed serious retooling.

    I few years ago I approached the administration (persons now gone but not forgotten) about putting together a foundation of sorts for the benefit of teachers. It could raise funds for their continuing education, maybe fund some classroom materials, etc. I got shot down.

    It is my understanding, and I could be wrong the following items are true:

    1. The foundation will NOT be part of the ISD
    2. There will be no one from the ISD serving on its BOD as a voting member rather as a liaison only.
    3. There will be NO cash money coming from the ISD to get this puppy started, although the “in kind contribution” is vague and needs clarification.
    4. The president, Chris, is not paid a dime for her services.
    5. The foundation will not compete with the booster clubs for funding as I am told they are going after the larger fish and the local auto repair shop will not be hit upon for funds.
    6. There will be a time limit, or shelf life by which time it needs to be totally self supporting or it just goes into the waste basket of ideas “tried and failed.”

    I realize there is a temptation to lump every idea coming from the ESC and/or current and former BOT members into the unacceptable category,. Everyone ELSE is wrong all the time and we are right every time. That logic just does not fly with me.

    As for the comments directed at Chris, I think they are unfair to say the least. I have known Chris for years and she is a decent person who has given of herself to many good causes in our community. Everyone of those hours she put in has been without any financial compensation. If we had a few more people willing to give of themselves our district would be much better off.

    And to anticipate the next question, “no” I did not vote for her re-election. I felt at the time the entire BOT needed to be turned out for their behavior two springs ago, but that is water under the bridge.

    From what I know this foundation is a “go” and as such maybe we can all spend a little time making sure it behaves in a manner acceptable to us, and it is well funded, and it does some serious good for our students and teachers.

    So until such time as I find something which makes me question my judgment, I say stay the course and lets see how this dog hunts. Seems we got him either way.

    To Mary and others, I understand that sometimes we just have to agree to disagree. I certainly don’t demand you agree with me all the time, but if you could do something to increase the percentages, I think things would work much better. Agree with me more often, I could get used to it.

    Now back to reality.

    • westsidebill says:

      Ross:

      You know that I respect your opinions and how succinctly you express them. However, there’s just a few too many things I’m uncomfortable with regarding the foundation to support it fully. The timing of the presentation, the new “leader” of the foundation, the “in-kind” services (which you certainly mentioned) are too foggy, and several other things just make me too uncomfortable and unwilling to support it. I’ve talked with work and client associates (sometimes from different parts of the countries) at various times and the topics of education foundations have come up – not all negative, but mostly negative conversations. Mostly, it usually came back to this: if a school district ALREADY has processes in place for tax-deductible donations (the lifeblood of foundations) from community/corporate partners/”friends” of the district, then why have a second group that in effect LOWERS the amount of money that is donated directly to the school district and is SPENT under the (mostly) public eye for students/teachers. People have asked me for years how/why KISD doesn’t have one, and I’ve simply told them: because people in Katy are smart enough to know that we don’t need one. Sadly, I can no longer say that.

      I still don’t see the need for it – and with the history of the BOT/administration’s behavior both under and outside of the spotlight, it’s pretty near impossible for me to support it. Allowing vendors to “back-door” the donation process in order to get unapproved “pet projects” – engineered, purchased and constructed by theirs truly – done without public input.

      • westsidebill says:

        Sorry, my last sentence cut off. Adding to the end of the sentence: “is just asking for an expansion of the sneaky spending that ‘s already done WITH taxpayer money”.

        (babytiger, when you attempt to “discuss” my post, be sure to include your reasoning as to why KISD all of a sudden needs a foundation after all these years of doing just fine donations/project-wise without one.)

    • HaveANiceDay says:

      If Ms. Crockett wants to do a little good for teachers and students as a whole I know several schools that could use her help making copies, helping in the lunchroom, reading to students, working concession stands, selling goods and services during lunch hours and many other tasks but I suspect she might get her hands dirty and then of course comes down to the only ‘Thanks’ you get would be from one maybe two teachers and a handful of students not too glamorous.
      HaveANiceDay
      P.S. Ross I have agreed with you on almost every other area but not this time…sorry.

      • westsidebill says:

        HAND:

        Chris Crockett has been a longtime “dirty hands” supporter in many different KISD schools. I can personally attest to that and cannot allow that portion of her contributions to the district to be questioned. She’s done more inside of schools both hands-on with kids and for them in other ways than 95% of the parents in this district have done ONSITE as a volunteer (just writing checks for fees and fundraisers and trips is NOT a “volunteer” activity).

        As for her political behaviors, decisions and “contributions” as a BOT member, well……..

    • determinedmom says:

      Ross,

      With all due respect. There is alot wrong with a foundation. Check out NGO’s and Agenda 21.

      Russia’s Putin has place an incredible burden on these organization in his country as of last week. One of the biggest blows to the UN Agenda 21 by any leader in recent years.

      The one true reason I do not consent to the Foundation. By their own admission at the meeting Monday. To complete transactions and activities that the KISD was not set up to do. Also Chris Crockett mentioned they could take booster club type organizations under their wing/help with other issues. Sounds like a take over of some activities.

      These activities that KISD are not allowed to do by law are there for a reason. Setting this up to get around the laws and rules is not a transparent activity that so many in this country have been screaming for.

      I hope you have a little time to do this reasearch you might just realize how important not having a IB school and Foundation are. It is the community’s decision and the community needs to do its homework or at least thats how our country was set up.

  11. Ross Raymond says:

    Okay, I read the comments and can honestly say I understand them. I can also see some of the points and concerns having merit. WSBs comment about districts already being able to accept donations is the strongest one.

    However, I would point out the district is NOT set up to solicit support from the community for additional funding other than collecting taxes. To do so they would need to set up a more aggressive grant department and task it with much more than writing requests for grant money. The foundation is not restricted to where it can go and ask for support and can cross district lines looking for the loot.

    My attitude on it is simple. The BOT voted it in. We now own it, right or wrong. We would be better off IF it is successful vs. being a failure. If it fails, it is gone, pure and simple as there are no means to carry itself otherwise. If it proves to be a roaring success then let that pony run.

    In my mind, given it is a reality today, we are better off letting it proceed and monitoring its progress. At the end of the day anything we have to say about it is of little worth as the creature appears to have been given life and will be controlled by something other than the BOT.

    HAND, I am sorry some persons have such a negative attitude towards Chris. I can only surmise there is something in particular which fuels this. I have not been given the job of Chris supporter, but I must take her defense on some of the issues when we get personal about the worth of a person’s support to others including our school district.

    From my personal observations I have seen her work with our students one on one through the KEYS program. I have seen her help out as an active member of parent associations and booster clubs. I have known her to step up at our church and work with many groups and individuals. She has done her share of copying, cutting, and running errands. She did serve on our BOT and there was never a hint of any scandal associated with her service there. She did cast a few votes which I thought were flawed, but even the best of us has detractors from time to time. Now she is willing to take on a big job without any pay knowing full well there will be some who will question her motivation for doing so, yet she is willing to take to the field.

    We can disagree honestly about the foundation, I too have had my share of concerns, but lets not get too personal about the players without some serious factual evidence going forward.

    On the larger issue. We have many fine persons in our community whom I would like to see serve on our school board. People with fine minds, good hearts, and a willingness to serve their fellow human beings. They back away from it because we have made it such a blood sport. They see what some are willing to do to get their way and are not willing to put up with all the slings and arrows. This is a shame.

    We need to stick to the issues and call things as they are and not how we would like them to be in our imaginary worlds. I believe there is plenty we can discuss and need to address without getting personal. The foundation might be such a topic, but the persons willing to serve, in my personal opinion, are not valid targets for discussion, unless there is some very clear connection why a particular person can’t get the job done, and even then it should be for factual, not emotional reasons.

    As always I encourage everyone to totally agree with me on all issues and topics, all of the time. “Trust me” it will make for a much happier place, where all is possible and even dogs and cats can live together in perfect harmony. I like to think of it as “Raymondville.” Now back to reality………. take two.

    • determinedmom says:

      Ross,

      The KISD board has yet to show us where the foundation has been voted on. This is one of the main reasons it was tabled in October.

  12. Ross Raymond says:

    I realize this will not answer all questions nor quell concerns, as I still have a few of my own, but it is my understanding the foundation will be required to file an IRS 990 form each year.

    It is my understanding this one document must list ALL sources of funds (including “in kind” donations) by names and amounts, and it must show all disbursements to foundation recipients. Salaries are an open book as are the bylaws and any other important material. I further understand all of these are required to be a matter of public record in order to qualify for the tax status the foundation is either seeking or has obtained.

    If a vender wants to make a donation and you wonder what it was, how much it was, and how the funds were used you will have a better chance of knowing if the dollars flow through any foundation.

    Let’s grow up folks; there will always be backroom deals and things we want to discuss. They should not be allowed, but they are a fact of life and until we concern ourselves even more so with getting the right people in the right slots there is little we can do to stop this pattern of behavior.

    Lets all keep our eye on the ball and monitor this one as it moves through the process.

    If it turns south and is a mistake, I promise to acknowledge it and ask for its death.

    Once again, it would be better if you just fell into line behind me and mindlessly agree with every word I utter.

    Now repeat after me………….

  13. babytiger says:

    Here you go Mary…

    –”Nice way to shuffle money and give tax deductions to those already feeding at the District’s trough.

    A: The money is a donation. It is not tax dollars. It is money the vendors WANT to give to improve student success– why not make it easy for them to give it to OUR kids rather than FBISD, HISD, Cy-Fair, etc? And I didn’t write the tax code; it’s not my fault this is the way the US government expresses its public policy encouraging philanthropy. And if this person thinks the donors are “Feeding at the District trough”, why would they NOT want to get some of that money back???

    –Is this a circular deal whereby the District buys goods and services from these vendors, pays them when they submit the bill, then the vendor gives a contribution back to the District, takes the tax write off and gets to participate in a gala, party, golf outing or fishing tournament where they are honored for their service?

    A: Well, it kind of works that way but don’t forget that there is a bidding process in place and “did you contribute to the foundation” is NOT an appropriate criteria on which the bid can be graded. And would, in fact, be illegal. And perhaps there will be others who don’t have a vendor relationship with the district who might want to make a contribution.

    –Which Board meeting for which Board ever discussed the Foundation in a public meeting where it was a posted agenda item?

    A: I don’t know the dates. But it was already on the minds of board members when I arrived in December 2007, and I was told Frailey was directed to create one when he was hired. I believe it was in the winter of 2010 when the district brought the recommendation that a consultant be hired and the foundation be formed.

    –Which superintendent was there?

    A: For the meeting in 2010, Mr. Frailey.

    –Which Board Members are on record from which Board as being in favor of a foundation?

    A: If I remember correctly, the vote to move forward with the foundation in the winter of 2010 was 7-0.

    –Is the “president” of the foundation a paid position or a voluntary one?

    A: unpaid volunteer

    –Who wrote the by-laws for this organization?

    A: I believe they were drafted by the consultant, but have been widely edited and changed, and numerous people contributed to the current version. Minutes of the foundation director’s meetings will reflect many of those contributions.

    –Can we all see a copy of them?

    A: Yes. And each of the Trustees has a copy.

    –Who appointed the 21 sitting Foundation Directors and when did that happen? What are their qualifications? Are those part of the By Laws?

    A: The 21 sitting Directors expressed an interest in serving and were voted in by the original directors named in the Certificate of Formation. The ladies and gentlemen who are serving are respected leaders in our community with a great deal of experience serving as directors of other foundations and who believe in the mission of the foundation. The Bylaws calls for between 21-35 directors. As stated at the presentation to the Trustees, one of the next steps is to build our board and fill in “holes” in skill sets and to create a more diverse board.

    –How much was Ms. Canady paid to be the Director of the Foundation until she got another position?

    A: I don’t have that information and the district is closed on Fridays.

    –What has been the total cost so far TO THE DISTRICT for the existence of the foundation that hasn’t been approved yet by the Board? If the board were to say they weren’t going to pay that expense, would the superintendent be on the hook for it?

    A: All expenses on behalf of the foundation to date have been approved by the board of trustees, through the budgeting process.

    –Are there term limits to the service of the “president” and the “directors”?

    A: The Bylaws call for 3 year terms for the directors. The officers are elated yearly. There are no term limits.

    –Where will the Foundation be housed?

    A: The foundation directors meet in the district administration building. The Foundation doesn’t have an office.

    –Who will pay for the electricity, water, phones and secretaries if the location is at a school district site? Will this be like the Xpediant deal?

    A: The Foundation hopes to be self-sufficient in a few years, and hopes that the community can support the use of unoccupied space and a bit of staff time until we are. This is NOT like Xpediant, which provided outsourced IT services to the district, placing their employees in the district to do district work and for which the district was charged a fee. We are not CHARGING the district ANYTHING, and quite the contrary expect that we will be covering our costs in short order.

    –How was the figure of $133,000 determined as being the “cost” to the district?
    What does that figure include?

    A: To answer both these questions: the budget process is continuing and the foundation hopes to have a finalized budget shortly. The “cost” to the district is not the district writing the foundation a check, but represents the in-kind costs of primarily staff time and the use of office equipment/supplies. Since the foundation is a non-profit, it’s books are required to be available for public inspection, so these questions can be answered in detail as we go along. The relevant law is Section 22.353 of the Texas Business Organizations Code, which addresses this matter: “Sec. 22.353. AVAILABILITY OF FINANCIAL INFORMATION FOR PUBLIC INSPECTION. (a) A corporation shall keep records, books, and annual reports of the corporation’s financial activity at the corporation’s registered or principal office in this state for at least three years after the close of the fiscal year. (b) The corporation shall make the records, books, and reports available to the public for inspection and copying at the corporation’s registered or principal office during regular business hours. The corporation may charge a reasonable fee for preparing a copy of a record or report.” Chapter 22 of the Texas Business Organizations Code specifically relates to non-profit corporations, which the Foundation is.

    –Since the foundation will be competing for the “same dollars,” how will this fact affect the Athletic Booster clubs, the Chambers of Commerce, the EDC’s, the Lions Club, the Elks, the Rotary, the Youth Football Leagues, the Little Leage organizations, the Katy Christian Ministry, the PTA’s, the PTO’s, the Texas Children’s Hospital, the Band Boosters, the Orchestra Boosters, local churches, and the Project Graduation groups?

    A: The foundation will NOT be competing for the same dollars, and it is our intent to provide an avenue to make a donation benefiting the students of the district for people without a campus connection but who believe that a strong education system and a well educated populace strengthen a community. While it is true there are a finite number of dollars in the universe, I understand research shows that communities with many choices for their philanthropic dollars actually wind up giving more than communities with fewer choices. Donations to campus booster organizations may even go up: It is the intent of the foundation that the campus booster clubs may use the foundation to receive a directed contribution, so that a donor who desires a 501(c)3 receipt is able to donate to a specific group by designating that the donation go to a specific recipient. This will also save the booster organization the cost and hassle of attaining and then maintaining, through annual income tax filings, 501(c)3 status.

    –To state that these will be “different” dollars, is misleading at best.”

    A: No response given…
    —————-

    There you go… Asked the question, got the answers… Email is a really cool invention…

  14. babytiger says:

    Now… Let’s see how transparent people are willing to be…

    - Who is the Unity PAC and what connection do they have to KISD politics?

    - How did they become involved in providing financial support for the Blackman/Majors campaign?

    - Why are no financials submitted listing their expenses incurred on behalf of Blackman/Majors in the last campaign and if paperwork was filed, where can I get a copy of it?

    - Did Unity file the appropriate paperwork with the Texas Ethics Commission and did Blackman/Majors include their contributions on the required financial paperwork?

    - Who was the point of contact between Unity and these two campaigns?

    - What was Unity promised in return for their financial contribution and how much money did the Blackman/Majors direct mail campaign cost?

    I have many more but let’s start with these and see if people really want to be up front with their information…

  15. Person says:

    Babytiger. Thank you so much for taking the time to get the answers to those questions about the foundation. As for your attempt at getting to the bottom of the Unity PAC scandle by asking this group;I wish you luck. It has been my observation that the expectation of transparency is a one way street with most in this group.They will expect it from everyone but their friends. Ironic isnt it? Frankly as far as I am concerned; this group of hypocrites does not have the right to question the transparancy or integrity of anyone. They demonstrated their lack of both by completely overlooking what transpired with Unity PAC. I hope that they will prove me wrong by taking a serious role towards discovering the truth about what transpired.

  16. Ross Raymond says:

    BT The questions about the Unity PAC are good ones and I don’t know the answers and I believe I can tell you two other persons who don’t know the answers either, Ms. Blackman and Ms. Majors.

    During the campaign I was in close contact with both of them and when the Unity PAC item showed up I asked about it as I thought it was a good item and it sure looked as if it cost someone some money.

    At that time neither Blackman or Majors had any idea and they were asking others who might know. In the midst of battle when a helping hand is offered and there isn’t a weapon in it, the tendency is to accept the “good deed” and go on. They were not consulted prior to the item appearing, they were not asked for their approval, it just showed up.

    The episode reminds me of those pro bond flyers which show up each time and no one seems to know the organization behind them, but they always support the bond proposal with their efforts and their bucks. It must be legal and accepted it happens every time and no one goes to jail.

    As for favors promised by Blackman/Majors to the Unity PAC, maybe if they had been elected someone with a small black bag might have come by and asked for a favor. As they did not win it seems the small bald guy is not coming for a visit. I can assure you neither of them made any deal for the extra help.

    It did not show up on their financial disclosure statements because it had nothing to do with them.

    This was my understanding as of the middle of May 2012.

    If there has been any additional information directed to either of them which clears the air, I am unaware of it. Thanks for the question, the next time I see either I will ask for an update.

    I too would like to know how deep Unity PAC’s pockets are just in case I decide to run for BOT and they want to get behind my efforts.

    Guess its time for yet another reality check…………….

    • babytiger says:

      Nice answer, Ross… Somewhere personal responsibility has to kick in… Someone from the Blackman/Majors camp orchestrated the mailer, made the hookup with Unity, selected the mailing carrier routes, provided the artwork to the printer and approved the donation… Who might that be?

      Now, this is from the group who beat Bryan and Charles over the friggin head about vendor money and being dirty… About being corrupt… About being on the take… No, ignorance wont cut it… If one side has to play fair, so does the other…

  17. Ross Raymond says:

    I agree, all sides should play fair and tell the truth all of the time. Ignorance is a valid defense when it is true and I believe it is true as it relates to both Blackman and Major relative to the Unity PAC. As for the data you say was shared with Unity, I don’t see anything there that any political organization couldn’t pull from the public records in a couple of hours of Internet searching.

    I am only making a suggestion and I don’t know that it will do any good, but how about chasing it from the other end and asking Unity PAC what their interest was in the election and how they got wind of it? They are the ones who have to publish their donor list and explain how they spent THEIR money. The answers you seek may well be only a disclosure statement away. If you find a smoking gun, please share it with us.

    On a separate topic:

    I will be pulling together some items I would like the BOT to address, some unfinished business over the years that might be small matters to some observers, but can help our students and their parents for no money. Then there are a couple of things that will cost a dollar or two.

    Now that we have some fresh minds on the BOT it might be time to make another run at them. I hope Bryan and Charles are up to the task of moving things along in a positive and accelerated manner.

    For the record I believe a discussion about Katy ISD’s Community Education department is happening Monday evening, July 23 at 7 p.m. I want to state for the record I hope they are going to be renewed and not be subjected to any budget cut. This is one of those M&O accounts discussed under the subject of sidewalks on another thread.

    For more of what Community Education does for YOU, check out their link.

    http://katyisd.org/com_edu/Pages/default.aspx

    While on that page click on the course descriptions and see what they offer. Probably something there of interest to you. One of my courses is listed, the one on helping parents find money for college and other post secondary expenses. It’s free by the way as are others listed.

    • babytiger says:

      Let me see if I have this right…

      I’m running for public office… I’m running on a platform of transparency and the end of corruption… I vow that my campaign will not to take any vendor funding and my surrogates imply that my competition will, does and is bought and paid for by the administration…

      Magically a slick direct mail piece shows up with reasons to vote for me and my running mate… I don’t know where it came from, who the sponsor is or how much it costs… I don’t know who would even spend that much money in secret to support me without wanting something or knowing someone…

      I don’t ask who, what, when, why and where… I don’t even recognize it’s a $3000 freebie to my campaign and don’t care because if I don’t know, it didn’t happen… **wink, wink** Plausible deniability…

      Blackman + Majors + ?? + ?? = Quorum
      ?? + Perdue + Unity + Pamela Printing = Freebie Direct Mail ($3k)

      I like connecting the dots, where’s my pencil?

      • Whats up says:

        BT We can all guess about things but since you injected Perdue’s name I suggest you go back and see which school board members have been getting campaign HARD dollars from the winning firm.

        It may surprise you to see who has been taking payoffs for years and even with this outfit’s baggage they keep winning the bids. We ought to try connecting those dots.

        I don’t know if they will accept them, but I wonder if Charles and Bryan will be approached with a donation from them in the near future. All legal, all reportable, but I think highly interesting. Don’t you agree?

        By the way after Bill and Terry were elected they were approached by venders including a certain law firm willing to make donations to their war chest. Pull their records and see if they took them, then pull the other guys. The sheets don’t lie and the problem is extensive. One more reason it is so disappointing to see Charles and Bryan lead the charge on this agenda item. Maybe it was just sheer ignorance on their part and they did not know they were being played?

  18. babytiger says:

    Regarding the Community Program, if it is a self-supporting venture (meaning we’re lot losing money and giving stuff away) then I have no problems with it… If it’s another freebie and takes money from our students and teachers I’d say cut it and let people learn how to play a guitar on their own…

  19. IMO says:

    I also like connecting dots and those dots are taking me down a very disturbing road. It seems like my dots are looking a lot like your dots. I won’t mention any names without proof but it looks like the players in this scandle may very well still be in be in play.

    As for the Community Program…I agree with Babytiger. If it’s self supporting ..great..if not it’s time to stop putting tax dollars in adult programs. Houston Community College already offers a wide variety of benificial courses for adults.

  20. Ross Raymond says:

    My understanding is that it is almost self sufficient, and that is after you lump in all the indirect costs, such as office space, lights, computers, furniture, etc. Stuff that will be there with or without the department.

    I appreciate the comment about taking care of the taxpayers and that is as it should be. If you walk down many of our streets in the older neighborhoods you will find house after house without any students in public school, but all are paying taxes. The only service other than tax COLLECTION the district makes available to these persons are some of these courses. I understand that NO course is offered which does not pay its own way. A paid instructor has to generate enough tuition before the class is “made.” For some of these same older persons heading to a community college is not nearly as nice as going to a school inside our district.

    As for all the dot connecting. I am sorry I can’t be of more service, but let’s face it I am not the guy with the answers on this one.

    If you want to help me out with some contact information for the PAC I promise to either call or email them and ask the questions for you, since it seems no one cares enough to take that action on their own.

    I’ll run point if you can point me in the right direction. Which seems to be to be going above and beyond.

    While I have them on the phone I will see if I can line up some financial support for next May. If I don’t run, maybe I can use the money to junket around the country like some of the professional politicians? If I get enough cash (loot) I will hold a drawing and one or two of you can take the trip with me on the PAC’s dime. That will show them we have had enough of corruption.

    Start thinking big people! London, Paris, Moscow, Toyko, Rome ……. some of my favorite places, especially when someone else is picking up the tab.

  21. babytiger says:

    I have the PAC’s number… The financial reports… The dots to connect… I don’t really need a point man but I do wonder why you don’t take this type of thing more seriously than you do… I suppose it’s okay with some – win at any cost, by any set of rules… Say one thing and then do whatever you want just so you can claims others acted poorly without regards to your own actions… Katy politics, I’m starting to catch on…

    More people than you read and respond on here… My point is that some people are quick to place blame, call others a crook, label them an underhanded, not trustworthy BUT they still choose to stand behind and defend those who seemingly play by a different set of rules… You know circular BS….

    I wonder how the rest of you feel about this issue or is it okay because it’s coming from your side of the fence… WSB, AD, Mary, Mom, HAND, George… You know, the usual suspects… Just curious is all…

    • westsidebill says:

      LOL, babytiger, LOL! You GOT me!

    • determinedmom says:

      babytiger,

      You asked my opinion. Show me the facts I love research. I only know that Ms Majors has gone to every possible meeting whereas the others have not.

      I also heard Brian M on Monday trip over what a 401 (C) 3 was like a bad John Conyers flashback. LOL

      I will be at the meeting Monday. Bring your paperwork I’m always up to taking a look at a new issue. Just wish the others in this community would do the same. I will look at your information but I hope you do the same to the other candidates or other issues many have. I’m not aware of this PAC and I”m curious as to who has an interest in our sons and daughters.

  22. Mary McGarr says:

    You all are ignoring the point I made at the beginning: it’s wrong for our elected school board to give away their powers! And specifically it’s wrong for them to let someone else collect money and spend it in our school district and on our school students without board approval. They cannot willy-nilly change the laws under which they operate–unless the citizens let them get away with it. Once one is formed, it will be above the law! That’s what they don’t want you to realize.

    No one has refuted that contention. Elected officials of a government have a duty to stick to the rules that govern their activities and to not find ways around the rules. They all took an oath to abide by the rules. Do oaths no longer mean anything?

    This is the second major instance of their giving away of their power as Katy ISD school board members.

    What will be next and why are they so foolish?

    It doesn’t matter if any of you like or dislike foundations; whether you’ve seen them do good or bad, public school foundations should not be allowed because under existing law, they are illegal, in my opinion..

    • determinedmom says:

      Mary in the founding of the KISD does it state what duties and authory this board has been given by the community?

      I ask as in our country government governs from the consent of the governed. I wonder, where is the contract with the community?

      • Mary McGarr says:

        The school board’s authority come from the State Legislature. We as voters elect our state representatives, so yes their power comes from the consent of the governed.

        BOARD AUTHORITY

        (Legal policy)
        The Board members as a body corporate have the exclusive power and duty to govern and oversee the management of the public schools of the District. Education Code 11.151
        The Board may act only by majority vote of the members present at a meeting held in compliance with Government Code Chapter 551, at which a quorum of the Board is present and voting. Unless authorized by the Board, a member of the Board may not, individually, act on behalf of the Board. Education Code 11.051(a-1)
        ACCESS TO INFORMATION
        An individual Board member has an inherent right of access to records maintained by the District when the Board member requests the records in his or her official capacity. Atty. Gen. Op. No. JM-119 (1983)
        When there are competing confidentiality or security concerns, it may be proper for the Board to establish reasonable procedures to preserve confidentiality, but the District may not absolutely prohibit an individual Board member from viewing records involving District business that are otherwise properly available to the Board as a governmental body. Atty. Gen. Op. No. GA-138 (2004)
        ACCESS TO STUDENT RECORDS
        Personally identifiable information in education records may be released, without the written consent of the student’s parents, only to a school official who has a legitimate educational interest in the education records. 34 CFR 99.31 [See FL]
        RESPONSIBILITY FOR RECORDS
        A person, including a Board member, commits a criminal offense if the person:
        1. Knowingly or intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a District record in contravention of Local Government Code Chapter 202. Local Gov’t Code 202.008; Penal Code 37.10
        2. Willfully destroys, mutilates, alters, or removes public information without permission as provided by Government Code Chapter 552 (Public Information Act). Gov’t Code 552.351
        3. Distributes information considered confidential under the Public Information Act. Gov’t Code 552.352
        PROTECTIONS FOR ACTING ON A LEGISLATIVE MEASURE
        A Board member may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:
        1. An action permitted by law that the officer takes in the officer’s official capacity regarding a legislative measure;
        2. Proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
        3. The effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or
        4. A breach of duty, in connection with the Board member’s practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding the officer’s actions relating to a legislative measure; or the substance, effects, or potential effects of a legislative measure.
        Gov’t Code 572.059
        BOARD MEMBER IMMUNITIES
        The statutory immunity detailed below is in addition to and does not preempt the common law doctrine of official and governmental immunity. Education Code 22.051(b)
        STATE LAW IMMUNITIES
        A Board member is not personally liable for any act that is incident to or within the scope of the duties of the Board member’s position and that involves the exercise of judgment or discretion. Education Code 22.0511(a)
        FEDERAL LAW IMMUNITIES
        Except as provided in 20 U.S.C. Section 6736(b), no Board member shall be liable for harm caused by an act or omission of the Board member on behalf of the District if the conditions of the Paul D. Coverdell Teacher Protection Act of 2001 are met. 20 U.S.C. 6733, 6736(a) [See also DH]

        (Local Policy)
        BOARD AUTHORITY
        The Board has final authority to determine and interpret the policies that govern the schools and, subject to the mandates and limits imposed by state and federal authorities, has complete and full control of the District. Board action shall be taken only in meetings that comply with the Open Meetings Act. [See BE(LEGAL)]
        TRANSACTING BUSINESS
        When a proposal is presented to the Board, a discussion shall be held and a decision reached. Although there may be dissenting votes, which are a matter of public record, each Board decision shall be an action by the whole Board binding upon each member.
        INDIVIDUAL AUTHORITY FOR COMMITTING THE BOARD
        Board members as individuals shall not exercise authority over the District, its property, or its employees. Except for appropriate duties and functions of the Board President, an individual member may act on behalf of the Board only with the express authorization of the Board. Without such authorization, no individual member may commit the Board on any issue. [See BDAB]
        INDIVIDUAL ACCESS TO INFORMATION
        An individual Board member, acting in his or her official capacity, shall have the right to seek information pertaining to District fiscal affairs, business transactions, governance, and personnel matters, including information that properly may be withheld from members of the general public in accordance with the Public Information Chapter of the Government Code. [See GBA]
        LIMITATIONS
        Individual members shall not have access to confidential student records unless the member is acting in his or her official capacity and has a legitimate educational interest in the records in accordance with policies FL(LEGAL) and (LOCAL).
        REQUESTS FOR RECORDS
        Individual members shall seek access to records or request copies of records from the Superintendent or other designated custodian of records. When a custodian of records other than the Superintendent provides access to records or copies of records to individual Trustees, the provider shall inform the Superintendent of the records provided.
        REQUESTS FOR REPORTS
        Individual members shall not direct or require District employees to prepare reports derived from an analysis of information in existing District records or to create a new record compiled from information in existing District records. Directives to the Superintendent or custodian of records regarding the preparation of reports shall be by Board action.
        CONFIDENTIALITY
        At the time Board members are provided access to confidential records or to reports compiled from such records, the Superintendent or other District employee shall advise them of their responsibility to comply with confidentiality requirements.
        REFERRING COMPLAINTS
        If employees, parents, students, or other members of the public bring concerns or complaints to an individual Board member, he or she shall refer them to the Superintendent or another appropriate administrator, who shall proceed according to the applicable complaint policy. [See (LOCAL) policies at DGBA, FNG, and GF]
        When the concern or complaint directly pertains to the Board’s own actions or policy, for which there is no administrative remedy, the Trustee may request that the issue be placed on the agenda.
        TRUSTEES’ VISITS TO SCHOOLS
        Individual Board members interested in visiting schools or classrooms shall inform the Superintendent or designee of such visits and make arrangements for visitations through the principals of the various schools. Such visits shall be regarded as informal expressions of interest in school affairs and not as “inspections” or visits for supervisory or administrative purposes. Official visits by Board members shall be made only under Board authorization and with the full knowledge of staff, including the Superintendent, principals, and other administrators.
        Board members having children enrolled in the District’s schools and classrooms shall be entitled to the same rights, privileges, and courtesies as are all other parents or guardians. When making a visit or engaged in a conference of a personal nature concerning the Board member’s child, the Board member and the faculty or staff shall not let official position interfere or dictate decisions that should be fair and impartial.

        The Board shall constitute a body corporate and shall have the exclusive power to govern and oversee the management of the public schools of the District. Education Code 11.051(a), 11.151(b)

        All powers and duties not specifically delegated by statute to TEA or the State Board are reserved for the Board. Education Code 11.151(b)
        GOVERNANCE
        The Board shall:
        1. Govern and oversee the management of the public schools of the District. Education Code 11.151(b)
        COMPREHENSIVE GOALS
        2. Monitor progress toward the District’s comprehensive goals. Education Code 11.1511(b)(2) [See AE]
        PERFORMANCE GOALS
        3. Establish performance goals for the District concerning:
        a. The academic and fiscal performance indicators under Subchapters C, D, and J, Chapter 39; and
        b. Any performance indicators adopted by the District.
        Education Code 11.1511(b)(3)
        PLANNING AND DECISION-MAKING PROCESS
        4. Adopt a policy to establish a District- and campus-level planning and decision-making process. Education Code 11.1511(b)(5), .251(b) [See BQ series]
        TAX RATE
        5. Adopt a tax rate each fiscal year as required by Tax Code 26.05. Education Code 11.1511(b)(8)
        ANNUAL BUDGET
        6. Adopt and file a budget for the succeeding fiscal year. Education Code 11.1511(b)(7), 44.004, .005 [See CE]
        FINANCIAL PROCEDURES
        7. Monitor District finances to ensure that the Superintendent is properly maintaining the District’s financial procedures and records. Education Code 11.1511(b)(9)
        ANNUAL AUDIT
        8. Have District fiscal accounts audited annually at District expense by a certified or public accountant holding a permit from the Texas State Board of Public Accountancy following the close of each fiscal year. Education Code 11.1511(b)(10), 44.008(a) [See CFC]
        FINANCIAL REPORT
        9. Publish an end-of-year financial report for distribution to the community. Education Code 11.1511(b)(11)
        INTERNAL AUDITOR
        10. Select the internal auditor if the District employs an internal auditor. The internal auditor shall report directly to the Board. Education Code 11.170
        SUPERINTENDENT
        11. Ensure that the Superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of District operations. Education Code 11.051(a)
        12. Ensure that the Superintendent:
        a. Is accountable for achieving performance results;
        b. Recognizes performance accomplishments; and
        c. Takes action as necessary to meet performance goals.
        Education Code 11.1511(b)(4)
        ANNUAL SUPERINTENDENT APPRAISAL
        13. Appraise the Superintendent annually using either the Commissioner’s recommended appraisal process or a process and criteria developed by the District. Education Code 21.354(c) [See BJCD]
        PERFORMANCE REPORT
        14. Publish an annual report describing the District’s educational performance including campus performance objectives and the progress of each campus toward those objectives. Education Code 11.1511(b)(6), 39.306 [See AIB, BQ series]
        DEPOSITORY
        15. Select a depository for District funds. Education Code Ch. 45, Subch. G [See BDAE]
        ELECTIONS
        16. Conduct elections as required by law. Education Code 11.1511(b)(12)
        17. Canvass election results as required by law. Election Code 67.003 [See BBB]
        PROPERTY ACQUISITION
        18. Acquire and hold real and personal property in the name of the District. Education Code 11.151(a); Local Gov’t Code 271.004 [See CHG]
        TITLE TO PROPERTY
        19. Hold all rights and titles to the school property of the District, whether real or personal. Education Code 11.151(c) [See CI]
        PERSONNEL
        20. Adopt a policy providing for the employment and duties of District personnel. Education Code 11.1513 [See BJ series, DC series, DEA series]
        RESTRICTIONS ON WRITTEN REPORTS
        21. Limit redundant requests for information and the number and length of written reports that a classroom teacher is required to prepare. Education Code 11.164(a) [See DLB]
        PAPERWORK REVIEW
        22. Review paperwork requirements imposed on classroom teachers and transfer to existing noninstructional staff a reporting task that can reasonably be accomplished by that staff. Education Code 11.164(b) [See also DLB]
        TERMINATION OF EMPLOYMENT
        23. Make decisions relating to terminating the employment of District employees employed under a contract to which Education Code Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies. Education Code 11.1511(b)(14)
        RELATIONSHIPS WITH OUTSIDE ENTITIES
        24. Seek to establish working relationships with other public entities to make effective use of community resources and to serve the needs of public school students in the community. Education Code 11.1511(b)(1)
        GRIEVANCES
        25. By rule, adopt a process through which District personnel, students or the parents or guardians of students, and members of the public may obtain a hearing from the District administrators and the Board regarding a complaint. Education Code 11.1511(b)(13)
        The Board may:
        RULES AND BYLAWS
        1. Adopt rules and bylaws. Education Code 11.151(d) [See BF]
        TAX COLLECTION
        2. Issue bonds and levy, pledge, assess, and collect an annual ad valorem tax to pay the principal and interest on the bonds as authorized under Education Code 45.001 and 45.003.
        3. Levy, assess, and collect an annual ad valorem tax for maintenance and operation of the District as authorized under Education Code 45.002 and 45.003.
        Education Code 11.1511(c) [See CCA, CCG]
        TAX OFFICIALS
        4. Employ and compensate a tax assessor or collector, as the Board considers appropriate. Education Code 11.1511(c), 45.231(a); Tax Code 6.22 [See BDAF]
        CONTRACTS
        5. Enter into contracts as authorized under the Education Code or other law and delegate contractual authority to the Superintendent as appropriate. Education Code 11.1511(c)
        BEQUESTS
        6. Receive bequests and donations or other moneys or funds coming legally into its hands in the name of the District. Education Code 11.151(a) [See CDC]
        EMINENT DOMAIN
        7. Exercise the right of eminent domain to acquire property. Education Code 11.155
        LEASE OF PERSONAL PROPERTY
        8. Execute, perform, and make payments under contracts, which may include leases, leases with option(s) to purchase, or installment purchases, with any person for the use, acquisition, or purchase of any personal property, or the financing thereof. The contracts shall be on terms and conditions that are deemed appropriate by the Board in accordance with state law. Local Gov’t Code 271.005
        SALE OF PROPERTY
        9. Authorize the sale of any property, other than minerals, held in trust for free school purposes. Education Code 11.154(a) [See CDB]
        MINERAL RIGHTS
        10. Sell minerals in land belonging to the District. Education Code 11.153(a) [See CDB]
        REAL ESTATE BROKER
        11. Employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property. Education Code 11.154(c)
        ATTORNEY GENERAL
        12. Request the assistance of the attorney general on any legal matter. The District must pay any costs associated with the assistance. Education Code 11.151(e)
        LAWSUITS
        13. Sue and be sued in the name of the District. Education Code 11.151(a)
        COLLABORATION WITH THE SUPERINTENDENT
        The Board and the Superintendent shall work together to:
        1. Advocate for the high achievement of all District students;
        2. Create and support connections with community organizations to provide community-wide support for the high achievement of all District students;
        3. Provide educational leadership for the District, including leadership in developing the District vision statement and long-range educational plan;
        4. Establish Districtwide policies and annual goals that are tied directly to the District’s vision statement and long-range educational plan;
        5. Support the professional development of principals, teachers, and other staff; and
        6. Periodically evaluate Board and Superintendent leadership, governance, and teamwork.
        Education Code 11.1512(b)

        Local policy:

        The primary function of the Board is to provide direction and control for the District. Generally speaking, the functions of the Board as governing body fall into the following two divisions:
        POLICY MAKING
        1. The Board operates as a policy-making body with policy aimed at helping the District achieve its expressed goals and philosophy.
        EVALUATION
        2. The Board must continually measure the results of its policies on the accomplishment of its educational goals and philosophy. It must also measure the effectiveness of the administration in executing policies and achieving the education goals.

        [Notice that while our school board is charged with measuring the results of the educational goals and philosophies that it sets, it somehow never gets around to that part of the equation!]

        • determinedmom says:

          Thank you Mary I’m sure we can all learn from this information. It is appreciated.

          I did see where “When a consern or complaint directly pertains to the Board’s own actionsor policy, for which there is NO administrative remecy, the Trustee (ONE) may requst that the issue be blaced on the agenda.

          I think I will make a request on that one tonight pertaining Joe Adams illegal actions to see if one of our Board Members had a backbone.

          I also saw they are to establish working relationships with other “public entities” Next question is the Foundation private or public. How is public defined.

          Thanks again.

        • determinedmom says:

          Mary what wonderful nuggets of knowledge are contained in this bit of information.

          HAHAHAHAHA I love your sense of humor. Keep trying some of us are getting what you are saying. I love what information was enclosed in this bit.

          Keep going our kids deserve a future.

  23. IMO says:

    The foundation will have to get board approval and the board has the right to decline a donation.

    • Mary McGarr says:

      Actually the startup foundation is seeking board approval to get startup MONEY (that would be tax dollars). They could form a foundation without board approval if they wanted to do so– if they already had the money. The fact that they are asking the school district to underwrite their activities tells me that they don’t know how much money they can count on getting, so they have to have a fall back. They need the association with the district in order to get individuals and companies to donat, and. I’m guessing they wouldn’t get many funds if they weren’t associated with the district. That is proof enough of their intents and purposes and the intents and purposes of the foundation’s donors.

      Once the foundation is formed, the board can decline donations to schools, but they cannot decline donations to students or teachers as individuals. I personally don’t think our board has the discernment to decide on whether a “foundation gift” is something that is beneficial to students or not, so I doubt they’ll be rejecting any donations!

      Foundations that I know about also give money in grant or scholarship funds to teachers and students. The teachers are encouraged to use the funds (and there may be such strings attached) to further their education. We’re not talking academic educations here but the inculcating of Progressivist educational ideas kind of education–and there’s a big difference.

      Scholarships to students may or may not be desirable. I personally am opposed to scholarships that are not based upon SCHOLARSHIP, and there are a lot of them awarded that have nothing to do with scholarship. Words should mean something. Scholarship should mean something and should be rewarded. A scholarship is money given to a student based upon his promise as a scholar. It has morphed into a lot of other things that have nothing to do with scholarship.

  24. Ross Raymond says:

    Mary, as you know I am a simple boy from the country. I appreciate the rather long posting about board policy, rules, regulations, etc. I will admit I did not read it all, but have every intention one day to do so.

    But cutting to the chase.

    Are you saying the BOT has or has not got the authority to legally assist with the formation of a foundation? If they lack the authority to do so, it would seem to settle the issue once and for all, if they do have authority, then we are back to the discussion.

    I want to bring something to the forefront of the discussion.

    It seems to me if we were talking about the Jesse Jones Foundation coming into Katy and expressing an interest in working with us and making donations of any kind (within reason) we would all say how great and wonderful it is. If they wanted to endow certain students or teachers with scholarship money, we would greet it in much the same manner. Sadly, we have no big time existing foundation I am aware of making these offers to our district, or to its residents, or to its employees.

    Now we have a group of individuals who want to build a foundation from scratch which will have the ability to reach beyond the boundaries of our district looking for money with potentially the same benefits mentioned above.

    Jones and other men and families of wealth set up the foundations with their own money. Subsequently they went to corporate American in search of other donations to mingle with their money and award funds to individuals and organizations.

    Is the basis for the underlying complaint you have because this foundation needs a jumpstart and other than that you are okay with its creation? Or are you just unhappy with the prospect that we might have a foundation not to your liking?

    Everyone has the right to like or dislike anything they want and if this is about your not liking the foundation or the players, that is something to consider individually, however, it is not a reason to either support or boycott the effort.

    As you said from your very first posting on this thread, sometimes we just have to disagree. It is an honest disagreement and not likely our only one, but I know without a doubt your heart is in the right place and you wish nothing but the best for our district and its kids. We have a common goal, just a slightly different vision about how to get there.

    Unless information comes to light to change my mind, I say let’s give it a shot. So far I have not heard anything to change my mind on the subject. I gather you can say the same.

  25. Mary McGarr says:

    OK. One more time. If the board allows an entity other than themselves to collect money and spend it as they wish, they are giving away one of their powers. THEY have the right, as of this moment, to decide, veto, recommend, whatever word you want to use, what money is collected and what money is spent and how and where it goes.

    IF they create a foundation, they will have given away some of this power that they solely hold. THAT is my objection. It doesn’t matter how I “feel” about foundations in general. It doesn’t matter how anyone else “feels” about foundations. That is not the point!

    My interest comes from the fact that I have served on that board, and I took the responsibility of the power to heart, and I used it as was decreed by law. In my opinion, that is what the current board members should be doing.

    Perhaps it’s a matter of point of view.

    I cannot account for the fact that so many do not understand the concept of giving up one’s legal powers because the temptation of MONEY is dangled in front of them. It’s a sad thing for me to watch.

  26. Ross Raymond says:

    I do not see how the creation of a foundation diminishes the power of the BOT. Whatever funds come into the foundation will not be tax dollars nor are they dollars the BOT might have otherwise gotten its hands on. I am missing the point.

    I am an obtuse country boy, but honestly I don’t see the same forest you do on this one.

    What power does the BOT have to collect money other than property tax revenues and set user fees?

    How does a third party raising money limit the BOT?

    If that is the central problem with the foundation then at least we have gotten to a pivotal point in the discussion.

    So help me out as I can’t make the connection between foundations raising money and the BOT surrendering its power. Maybe if I did I could leave the dark side and come on over, but so far I don’t see any light at the end of this tunnel.

    Is there anyone else out there who can help Mary educate me? I need some help on this one.

    For the record if someone comes and dangles a few hundred million dollars even on condition we paint all the school buses green, I am willing to listen.

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