March 30, 2023 at 6:00 PM - Regular Meeting
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1. Call Meeting to Order
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2. Board Recognition
Presenter:
Steve Stanford
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3. Public Comment/Audience Participation
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4. Board President's Comments
Presenter:
Jason York
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5. Superintendent Reports and Board Information
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5.A. Prekindergarten Expansion
Presenter:
Amy Malone
Description:
Goal #1: Maximize Academic Performance
Background: TEA House Bill (HB) 3 requires that all prekindergarten programs offered to eligible four-year-old students be full-day, and that the prekindergarten meet the high-quality requirements adopted by the legislature. Previously, Comal ISD filed two 3-year waivers since this bill was signed into law in 2019 to continue operating its half-day programs though 2024-25. In 2023-24 Comal ISD will open Comal Creek ES and Farias-Spitzer ES with full day prekindergarten programs and is converting all five half-day prekindergarten programs to full-day. Our Early Childhood Special Education settings for eligible 3 and 4 year old students will also be expanded to a full-day servicing to mirror the updated prekindergarten model in the district.
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5.B. TASB Policy Update 120 (2nd reading)
Presenter:
Armando Maese
Description:
Goal #1 Maximize Academic Performance
Background: TASB Update 120 is presented as a Second Reading for the Board’s consideration and input. Update 120, provided by TASB Policy Service, has no district-initiated changes. It contains many of the LEGAL policies included in this update that were affected by legislative and regulatory changes. Most of the LOCAL policy recommendations in this update are intended to clarify current policy language. LEGAL policies provide the legal framework for key areas of district operations; they are not adopted by the board. The Update 120 LOCAL policies that need careful consideration are: CB(LOCAL): STATE AND FEDERAL REVENUE SOURCES CKC(LOCAL): SAFETY PROGRAM/RISK MANAGEMENT - EMERGENCY PLANS FNG(LOCAL): STUDENT RIGHTS AND RESPONSIBILITIES - STUDENT AND PARENT COMPLAINTS/GRIEVANCES FO(LOCAL): STUDENT DISCIPLINE TASB Update 120 will be presented again for a Third Reading and possible approval at the April regular board meeting.
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5.C. Contract Ratification
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: Various vendors from the Comal ISD approved pool of professional service providers will provide required services for Bond 2021 and capital projects. On September 24, 2015, District staff presented a process to help expedite design work related to Bond and other approved capital projects. Under the approval, administration was delegated the authority to execute agreements ranging from $50,000 to $350,000 with Board ratification at the next regularly scheduled meeting. Contracts being presented are for the playground upgrades and Hill Country College Preparatory High School.
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5.D. Safety Audit Update
Presenter:
Mario De La Rosa
Description:
Legal Requirement
Background: In February and March, Intruder Detection Audits were conducted in Comal ISD which resulted in the need for corrective action. As part of the corrective action, the District is required to provide the public at the next regularly scheduled board meeting with notice that an Intruder Detection Audit was conducted by the Texas School Safety Center and that the required corrective actions were undertaken.
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6. Consent Agenda
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6.A. Consider/Approve Personnel Report
Presenter:
Bobbi Supak
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6.B. Consider/Approve Board Meeting Minutes
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6.C. Consider/Approve Financial Statement and Expenditures
Presenter:
Crystal Hermesch
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6.D. Consider/Approve Monthly Tax Office Report
Presenter:
Crystal Hermesch
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6.E. Consider/Approve Budget Amendments
Presenter:
Crystal Hermesch
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6.F. Consider/Approve Election Contracts with Comal County as recommended by administration
Presenter:
Steve Stanford
Description:
Required by state law and Board Policy
Background: The proposed contracts for services for the May 6 elections in SMD 4, as well as a district-wide bond election, are similar to past contracts with the County Clerks and will ensure that the District complies with Texas law with respect to these elections. The proposed contracts that will be submitted for approval contain an estimate of costs and cannot be finalized until the election costs have been determined by the Counties. However, only the actual expenses directly attributable to the District under the contract with the County Clerk may be charged to the District. The District’s requirement to pay its fair share of the cost of the joint elections will not begin until the District has actually received the final invoice. Payment will then be in accordance with Section 2251.031 of the Texas Government Code and the District’s payment procedures as set out in Board Policy CHF (Legal). Recommendation: It is the recommendation of the Superintendent that the Board approve the Contract for Election Services to be provided by the Comal County Clerk as presented. |
6.G. Consider/Approve Election Contracts with Bexar County as recommended by administration
Presenter:
Steve Stanford
Description:
Required by state law and Board Policy
Background: The proposed contracts for services for the May 6 elections in SMD 4, as well as a district-wide bond election, are similar to past contracts with the County Clerks and will ensure that the District complies with Texas law with respect to these elections. The proposed contracts that will be submitted for approval contain an estimate of costs and cannot be finalized until the election costs have been determined by the Counties. However, only the actual expenses directly attributable to the District under the contract with the County Clerk may be charged to the District. The District’s requirement to pay its fair share of the cost of the joint elections will not begin until the District has actually received the final invoice. Payment will then be in accordance with Section 2251.031 of the Texas Government Code and the District’s payment procedures as set out in Board Policy CHF (Legal). Recommendation: It is the recommendation of the Superintendent that the Board approve the Contract for Election Services to be provided by the Bexar County Elections Administrator as presented.
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6.H. Consider/Approve HCCPHS GMP BP2
Presenter:
Alex Araujo/Crystal Hermesch
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The District engaged Drymalla Construction Company to act as the construction manager at risk for the construction of the Hill Country College Preparatory High School as part of the 2021 Bond. A key component of the CMaR (Construction Manager at Risk) delivery method is the development and presentation of a Guaranteed Maximum Price (GMP) for each bid package that make up the contract documents for the project. The architect of record (LPA, INC) has provided Bid Package 2 (BP2), the second of two expected bid packages for this project, and Drymalla Construction Company has responded with GMP2. Recommendation: It is the recommendation of the Superintendent that the Board review the attached information related to the Guaranteed Maximum Price (GMP) and approve the GMP for Bid Package 2 as presented.
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6.I. Consider/Approve GMP 3 for Elementary School Playgrounds
Presenter:
Alex Araujo/Crystal Hermesch
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: Dawson Construction, LLC acting as Construction Manager at Risk for the district has presented GMP 3. This is the third of seven expected GMP packages related to the construction and installation of fourteen playgrounds. GMP 3 includes the work required at Johnson Ranch ES and Startzville ES. Recommendation: It is the recommendation of the Superintendent that the Board review the information related to GMP package and approve the Guaranteed Maximum Price for Bid Package 3 as presented.
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6.J. Consider/Approve Closeout of Fencing Project RFSCP 22-16
Presenter:
Alex Araujo/Crystal Hermesch
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The Anchor Group, acting as the general contractor, has completed the work associated with the fencing installation project at multiple campuses as part of Bond 2021. The Comal ISD Construction and Planning Department is requesting the Board accept the project and authorize final payment to the contractor. All remaining fencing is associated with the completion of the ES playgrounds and is included in the ES Playground GMP. Recommendation: It is the recommendation of the Superintendent that the Board approve the Fencing Installation Closeout and approve final payment in the amount of $40,717.00 as presented.
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6.K. Consider/Approve Interlocal Agreement with ESC Region 19 - Allied States Cooperative
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The ESC-Region 19 Purchasing (Allied States Cooperative) is a national governmental purchasing cooperative which competitively bids and awards contracts to local, regional, and national vendors in compliance with local, state, and federal procurement laws and regulations. No fees are charged to the ESC-Region 19 Purchasing (Allied States Cooperative) members. The savings for members are realized through dealing with vendors who have been evaluated and verified to provide a quality product or service at a competitively bid price in compliance with bidding requirements. Recommendation: It is the recommendation of the Superintendent that the Board approve the resolution and interlocal agreement for participation in the ESC Region 19 Allied States Cooperative as presented. |
6.L. Consider/Approve CMAR Methodology for HS Finishes and HVAC/Roofing
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The District default construction delivery method is Competitive Sealed Proposals when schedule permits. In the case of these 2021 Bond projects, the preferred construction delivery method is Construction Manager-at-Risk due to the timetable for completion and extended lead times on equipment. Government Code 2269.056(a) states that a board that considers a construction contract using a method authorized by Government Code Chapter 2269 other than competitive bidding must, before advertising, determine which method provides the best value for the district. Recommendation: It is the recommendation of the Superintendent that the Board designate and approve the Construction Manager at Risk construction delivery method as the best value for the High School Finishes and remaining HVAC/Roofing projects of the 2021 bond as presented.
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6.M. Consider/Approve Portables Purchase
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: Anticipated growth combined with capacity limitations at Davenport High School (DHS) has created a need for portable buildings that will need to be operational by August 2023. The recommendation for consideration will be from an awarded vendor through the BuyBoard contract 637-21. Recommendation: It is the recommendation of the Superintendent that the Board approve the purchase of five portable buildings as presented. |
6.N. Consider/Approve School Nutrition Programs Food Service Management Services RFP 23-09
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The District was required to issue an RFP for the Food Service Management Contract (FSMC) for 2023-2024 school year. New schools were not included in the 2021 RFP, and this is considered a material change to the contract. The RFP for 2023-2024 includes the anticipated new schools for the next 5 years to prevent being required to rebid before the renewal periods have expired. School Food Authorities (SFAs) contracting with a FSMC must follow procedures dictated by the TDA (Texas Department of Agriculture). New FSMC contract selections must be submitted to TDA for approval to execute by April 17, 2023. Recommendation: It is the recommendation of the Superintendent that the Board approve the School Nutrition Programs FSMC RFP 23-09 Vendor Committee Scoring Summary, contingent on TDA approval as presented. |
6.O. Consider/Approve SPED Software (Embrace Co-op)
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The current provider of the District’s special education, language proficiency assessment committee (LPAC), and Section 504 data management system is transitioning to a new platform. This created an opportunity to investigate their new platform as well as alternative programs. Recommendation: It is the recommendation of the Superintendent that the Board approve the Special Education Software from Embrace Education as presented.
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6.P. Consider/Approve SPED Contract (Elite)
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: Special Education staffing challenges continue, and the Special Education Department is ever adjusting to meet the demand for services. Elite Learning Solutions has been able to address current staffing needs (SLP and Diag/LSSP) at two campuses. These services for the rest of the school year are expected to exceed $50,000, requiring Board approval. No increases to the budget are needed at this time. Recommendation: It is the recommendation of the Superintendent that the Board approve the Special Education Service Providers contracting in excess of $50,000 in the 2022-2023 fiscal year as presented.
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6.Q. Consider/Approve Category 1 ERate Eligible Products & Services RFP 23-16
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Description: The network components of the District’s two data centers are approaching "end of life" and need to be replaced. These network components, such as switches and firewalls, provide the District’s technology required to facilitate systems including but not limited to: internet, network security, physical security, and HVAC. Category 1 Erate eligible products and services include those necessary for data transmission services and/or Internet access. Recommendation: It is the recommendation of the Superintendent that the Board approve the purchase of Category 1 ERate eligible products and services as presented.
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6.R. Consider/Approve Category 2 ERate Eligible Products & Services RFP 23-17
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The network components of the District’s two data centers are approaching "end of life" and need to be replaced. These network components, such as switches and firewalls, provide the District’s technology required to facilitate systems including but not limited to: internet, network security, physical security, and HVAC. Category 2 Erate eligible products and services include those necessary for internal connections, managed internal broadband services, and basic maintenance of internal connections. Recommendation: It is the recommendation of the Superintendent that the Board approve the purchases of Category 2 ERate eligible products and services as presented.
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6.S. Consider/Approve Technology Equipment for New Elementary Schools
Presenter:
Catherine Janda
Description:
Goal #5: Allocate resources in the most effective manner to maximize student achievement
Background: The Technology Department has planned for the purchase of technology items needed for the two new elementary schools. The purchases presented will include administrative, support staff, teacher, and student devices as well as classroom interactive panels. The recommendation for consideration will be from awarded vendors through a District subscribed purchasing cooperative contracts. Recommendation: It is the recommendation of the Superintendent that the Board approve the purchases of technology equipment for the new elementary schools as presented.
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6.T. Consider/Approve Canyon Middle Attendance Boundaries
Presenter:
Steve Stanford
Description:
Goal #2 Prepare Classrooms and Facilities for Learning
Background: As a result of the establishment of the Farias-Spitzer Elementary School at the February 23 Board meeting, a small neighborhood (Mary Street) was moved from Goodwin Frazier Elementary School to Farias Spitzer Elementary School. Because Goodwin Frazier Elementary School feeds into Church Hill Middle School, and Farias Spitzer Elementary School to Canyon Middle School, the administration is presenting to the Board of Trustees a proposed attendance boundary that will move the Mary Street neighborhood from Church Hill Middle School to Canyon Middle School. Recommendation: It is the recommendation of the Superintendent that the Board approve the attendance boundary adjustment for Canyon Middle School as presented.
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7. Items for Discussion and/or Action
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7.A. Items Removed from Consent
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7.B. Consider/Approve Missed School Day Waiver
Presenter:
Crystal Hermesch
Description:
Missed School Days Waiver, pursuant to TEC 25.081, allows the district or campus to request a waiver if instructional days are missed due to weather, health, safety, or other issues. The first two days missed for any reason must be made up, using either designated makeup days or additional minutes. If, because of weather, safety, or health issues, your district misses additional instructional days beyond the two days made up using built-in or additional minutes or days, your school district can apply to the TEA for a missed school day waiver.
Recommendation: It is the recommendation of the Superintendent that the Board approve the administration filing a Missed School Days Waiver for all Comal ISD campuses for Thursday, February 2nd and additionally, for Smithson Valley Middle School and Smithson Valley High School for Friday, February 3rd due to the winter weather event that occurred January 31st thru February 3rd causing Comal ISD campuses to remain closed as presented.
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7.C. Consider/Approve Order Declaring Unopposed Candidate Elected and Cancellation of Election in SMD 3
Presenter:
Steve Stanford
Description:
Required by state law and Board Policy
Background: The Board called the general election of trustees on January 26th for elections in Single Member Districts 3 and 4 in accordance with state law and Board policy. Following the statutory deadlines for a person to be a candidate in the election, it was determined that candidate Jason York was the only person who applied for a place on the ballot from SMD 3. Being unopposed, Mr. York may now be declared by Board Order that he is elected to office pursuant to Election Code § 2.053(a). By passing the Order, the election in SMD 3 will automatically be cancelled in accordance with Election Code § 2.053(b). We will still have a trustee election in SMD 4 on May 6, 2023. Single Member District 4 has two candidates. Recommendation: It is the recommendation of the Superintendent that the Board approve the Order Declaring Unopposed Candidate Jason York elected, as presented, which will cause the automatic cancelation of the trustee election in Single Member District 3 as presented.
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8. Closed Session Pursuant to Sections 551.071 thru 551.082 of the Texas Government Code
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8.A. Pursuant to Texas Government Code Sections 551.071, 551.074, 551.082, and 551.0821, hear and consider the Level III Grievance appeal of a discipline matter for Student Y.E. brought by Parent G.E. and consult with attorney on legal issues related to the appeal, as necessary
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8.B. Pursuant to Texas Government Code 551.072, discuss the purchase, exchange, sale, lease of value of property
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9. Action Items
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9.A. Consider and Possible Action on the Level III Grievance appeal of a discipline matter for Student Y.E brought by Parent G.E.
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9.B. Consider settlement agreement with Ronnie and Terry Urbanczvk and Silesia Properties, Ltd
Presenter:
Crystal Hermesch
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10. Adjournment
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