October 5, 2021 at 5:30 PM - Regular Board Meeting

I. Meeting Called to Order.

II. Moment of Silence.

III. Pledge of Allegiance.

IV. Roll Call:

V. Recommend approving the agenda of the Regular Board Meeting of Tuesday, October 5, 2021, with any corrections/deletions.

VI. Superintendent's Report:  * SB1566

VI.A. Conference Presentations:

VI.A.1. Recognition for Security Officer Leeroy Limon on saving a student's life by performing a Heroic and Bravery Action.

VI.A.2. Recognition of Veterans Early College High School - GreatSchools.org, College Success Award - Gold.

VI.A.3. Recognition of Summer Programs:  Accelerated Learning Academy Jump START.

VI.A.4. Recognition of the Brownsville ISD Human Resources Department for Education Human Resources Day on October 13, 2021.

VI.A.5. Recognition of Texas Humanities 2021 Outstanding Teaching Award - Cynthia Rios (Faulk Middle School).

VI.A.6. Recognition of Staff Optional Flexible School Day Program (OFSDP).

VI.A.7. Tristar Risk Management End of Plan Year Review.

VI.A.8. 2022 BCBS Health Plan Renewal Update.

VI.A.9. Presentation of 2021 TELPAS Results and Supports provided to campuses.

VI.A.10. Brownsville Independent School District Financial Report for the period ended September 30, 2021.

VII. DISTRICT COVID-19 UPDATE

VII.A. Curriculum & Instruction

VII.B. Business & Operations

VIII. PUBLIC COMMENT:
Persons wanting to address the Board during Public Comment shall before the beginning of the meeting print their names and the subject matter on the sign-in sheet provided at the entrance of the Board Room. As per Policy BED (Local) all Board Meetings, Public Comment shall be limited to items on the agenda posted with notice of the meeting. The Board allots 30 minutes for Public Comment. Speakers shall limit comments to a maximum of 5 minutes or the allotted time, depending on the number of speakers that have signed up. Complaints or grievances on the following subjects; employee complaints, personnel matters, student complaints, removal of alternative education program, complaints against individual board members, and expulsions, shall be directed to the appropriate policy for attempted resolution before bringing the matter before the Board. The Board President shall determine if the topic shall be redirected to the appropriate policy or redirected to Administration. Comments on issues shall be constructive and courteous.

The Board may deliberate or take action regarding the following agenda items.

Board policy BE (Local) and Robert's Rules limits debate to two opportunities. A Trustee may debate a motion for three minutes on the first speaking opportunity and two minutes on the second opportunity.
 

IX. Recommend approving the Consent Agenda. The Board has agreed to discuss the following items. All of the items below that are not called out will be approved by consent. 

                                              (All presentations limited to five (5) minutes)

X. Consent Agenda:

X.A. Recommend approval of the following General Function Item(s):

X.A.1. Recommend approval of Resolution #018/21-22 for the 2021-2022 Tax Levy in the amount of $80,165,874.00 based on the adopted tax rate of $1.1750 per $100 property valuation.

X.A.2. Recommend approval of Resolution #019/2021-2022 to grant authority to establish a remote learning program. *

X.A.3. Recommend approval to authorize the Superintendent to submit to TEA a Board approved remote instruction homebound waiver for thirty (30) special education students. *

X.A.4. Recommend approval for the addition of supplemental duty pay in the District's Compensation Plan for the following positions: Senior Tournament Director@ $400 per tournament per director and Chief Pairing Director(s)-2 per tournament@$400 per tournament ($800 per tournament). Local Maintenance - Chess Funds Function 36 - $20,000.00.

X.A.5. Recommend approval to adopt TASB Policies BDF (LOCAL); DEC (LOCAL); and FC (LOCAL).  A Policy Committee Meeting was held on September 21, 2021, to review and discuss the first reading of the following TASB polices:

X.A.5.a. BDF (LOCAL)

X.A.5.b. DEC (LOCAL)

X.A.5.c. FC (LOCAL)

X.A.6. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with Argio Roofing & Construction, LLC for the Canales Elementary Re-roofing Upgrades Project of $8,735.76. The amount represents unused funds in the allowance. Fund 189 (Credit back to the District)

X.A.7. Recommend approval to authorize the Administration to accept the Canales Elementary Re-roofing Upgrades Project under CSP # 21-114 as substantially complete.

X.A.8. Recommend approval to continue the procurement and acquisition process for the purchase of aluminum ADA compliant bleachers for Middle School Baseball/Softball & Football/Soccer Fields and High School Softball Fields.  Purchase to be made using an approved Cooperative that provides the best value to the District, in the amount not to exceed $1,850,000.00 from Local and Athletic funds.   Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.A.9. Recommend approval to authorize the Administration to move forward with the Hanna ECHS – New Parking Lot Expansion project, to secure engineering services through the Request for Qualifications (RFQ) process, and to select the Competitive Seal Proposal as a delivery method as authorized by the Texas Education Code under Chapter 2269 for Construction Services, in the amount not to exceed $300,000.00.  Funding to be from Local Funds.  Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.A.10. Recommend approval to authorize Administration to move forward with the procurement and acquisition process to purchase, and install the new scoreboards, and to secure engineering services for the TDI certification for the Middle School Softball Fields, in the amount not exceed $150,000.00. Funding to be from Fund Balance.  Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.A.11. Recommend approval to authorize the Administration to move forward with the BISD Administration Building Parking Lot Replacement project, to secure Engineering Services through the Request for Qualifications (RFQ) process, and to select the Competitive Sealed Proposal as a delivery method as authorized by the Texas Education Code under Chapter 2269 for Construction Services, in the amount not to exceed $600,000.00.  Funding to be from Local Funds. Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.A.12. Recommend approval to award Quote 002-22 Indoor Air Purification Systems for FNS Cafeterias and Kitchens District-wide to South Texas Solar Systems of San Antonio, Texas, and to purchase the devices in the amount not to exceed $713,741.00, with added value. Acquisition to be processed using the Region VIII Education Service Center (TIPS) Cooperative Purchasing, Resolution #009/21-22. Categorical Fund 282/ESSER III.  Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.A.13. Recommend approval to authorize the Administration to move forward with the Middle School Four Lane Tracks Project, to secure engineering services through the Request for Qualifications (RFQ) process, and to select the Competitive Sealed Proposal as a delivery method as authorized by the Texas Education Code under Chapter 2269 for Construction Services, in the amount not to exceed $4,200,000.00 Funding to be from Local Funds.  Reviewed and discussed at the Facilities Committee Meeting held on September 22, 2021.

X.B. Recommend approval of the following Payment(s):

X.B.1. Recommend approval of Payment #4 for $37,430.77 as final payment to G & T Paving, LLC for construction services work completed on the Maintenance Department Receiving Area project to be paid from Local Maintenance Fund 197.

X.B.2. Recommend approval of Payment #4 for $294,773.60, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Elementary Mini-Gyms HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188.

X.B.3. Recommend approval of Payment #6 for a total of $2,740.73, as partial payment to Ethos Engineering, Inc. for Construction Services work completed on the Margaret M. Clark Aquatic Center-HVAC Upgrades Project to be paid from Maintenance Tax Note Fund 189.

X.B.4. Recommend approval of Payment #11 for $8,215.36, as partial payment to Argio Roofing & Construction, LLC. Construction Services work completed on the Canales Elementary Roof Repairs Project to be paid from Maintenance Tax Note Fund 189.

X.B.5. Recommend approval of Payment #12 for $54,478.21, as final payment to Argio Roofing & Construction, LLC. Construction Services work completed on the Canales Elementary Roof Repairs Project to be paid from Maintenance Tax Note Fund 189.

X.C. Recommend approval of Budget Amendments:

X.C.1. Recommend approval of Budget Amendment #013 in the amount of $11,765,275.00 for Local Funds.  (Reallocation of $600,547.00, Carryover Budget of $772,920.00, Additional Funding of $3,391,808.00 and Fund Balance of $7,000,000.00.

X.D. Recommend approval of the following Contract(s)/Agreement(s):

X.D.1. Recommend approval of the Memorandum of Understanding between BISD and Cameron County Communities in Schools that provides a Family Engagement Specialists to support parents at eleven BISD 21st Century/ACE campuses at no cost to the district from July 1, 2021 to July 31, 2026. *

X.D.2. Recommend approval to enter into a Memorandum of Understanding with Brownsville Community Health Center for the 2021-2022 school year. The Brownsville Community Health Center provides primary and specialized health care services, at an estimated cost of $100,000.00. *

X.D.3. Recommend approval to enter into Agreement with Cameron County Service Centers and School Districts to provide Adult Basic Education/Adult Secondary Education, High School Equivalency, English as Second Language and certification for in demand occupations classes for the 2021-2022 school year at no cost to the district. *

X.D.4. Recommend approval for Brownsville Public Utilities Board (BPUB) to use the easement as described in the Easement Utility agreement by Homer Hanna ECHS at no cost, no impact in property size, and to service said utility lines at no interruption to BISD operations. 

X.D.5. Recommend approval for Brownsville Public Utilities Board (BPUB) to use the easement as described in the Easement Utility agreement by James Pace ECHS at no cost, no impact in property size, and to service said utility lines at no interruption to BISD operations.

X.D.6. Recommend to renew, extend the terms of services and approve the memorandum of understanding and partnership agreement between the UTRGV School of Medicine (TCHATT) and Brownsville ISD to conduct behavioral health services via telemedicine/telehealth on site at Lopez Early College High School and Besteiro Middle School from January 14, 2022 through January 13, 2023.

X.D.7. Recommend approval to renew software license agreement for 21,000.00 licenses to Seesaw located at 180 Montgomery St. Suite 750, San Francisco, CA for grades PK-5th, in the amount not to exceed $80,850.00 from ESSER III funding for the 2021-2022 school year. *

X.D.8. Request approval to enter into contracts with Instruction Partners and E3Alliance for services for BISD campuses for one year and renewable with Board approval for a second year contingent upon availability of grant funding for a two-year cost of $855,468.00. *

X.D.9. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and the Licensed Professional Counselor Associate to provide an internship site on a BISD school campus for the 2021-2022 school year. No cost to the District.

X.D.10. Recommend approval to enter into an MOU with United Way of Southern Cameron County to provide an Online Guided Reading Initiative Program from October 6, 2021 through June 30, 2022 at no cost to the District. *

XI. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.

XI.A. Level III Grievance(s):

XI.A.1. Discussion, consideration and possible action regarding the Level III Parent Grievance No. 001/21-22 on Dr. Cristina Anderson on behalf of Student M.A.

XI.A.2. Discussion, consideration, and possible action regarding Level III Grievance No. 004/2021-2022 on T.D.S.

XI.B. PERSONNEL MATTER(S)

XI.B.1. Presentation, acceptance and approval of Retirements. (4)

XI.B.2. Presentation, acceptance and approval of Resignations. (9)

XI.B.3. Review of Superintendents Personnel decisions.

XI.B.4. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s). Educational Technology Specialist (replaced existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.5. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s). Coordinator for Teacher Incentive Allotment. (New position Board approved 06/24/2021-Compensation Plan). Subject to receipt of all outstanding documentation. (1)

XI.B.6. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Registered Nurse (replaced existing FTE).  Subject to receipt of all outstanding documentation. (2)

XI.B.7. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s). Athletic Trainer (replaced existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.B.8. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s). Coordinator for 21st Century Community Learning Center (Grant funded based on availability on a yearly basis of funding and performance). Subject to receipt of all outstanding documentation. (1)

XI.B.9. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) Internal Auditor (replaced existing FTE). Subject to receipt of all outstanding documentation. (1)

XI.C. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XI.C.1. Recommend approval of Superintendent’s Performance Goals for the 2021-2022 School Year. 

XI.D. Board Self Evaluation.

XI.E. Board Member Request(s):

XI.E.1. Discussion with Superintendent about Board Member communication.  (Board Agenda Request - Drue Brown, Board Support - Jessica Gonzalez)

XI.E.2. Discussion with Superintendent regarding when to invite Board Members to District and Campus events and when to limit attendance to strictly administration.  (Board Agenda Request - Jessica Gonzalez, Board Support - Drue Brown).

XI.F. ATTORNEY CONSULTATION

XI.F.1. Staff Attorney:

XI.F.1.a. Discussion, consideration, and possible action regarding the Term Chapter 21 Contract of Professional (A.M.).

XI.F.1.b. Discussion, consideration, and possible action regarding South Coast Spine Rehabilitation PA vs. Brownsville Independent School District, et al.

XI.F.1.c. Discussion, consideration, and possible action regarding executing a utilities agreement with the Brownsville Public Utilities Board.

XI.F.1.d. Discussion, consideration, and possible action regarding OCR Complaint No. 06-21-1349 and OCR Complaint No. 06-21-1490.

XI.F.2. Board Attorney:

XI.F.2.a. Review of Cameron County District Attorney Letter to Board of Trustees.

XI.F.2.b. Update on litigation between South Texas Solar System v. Gustavo Lopez.

XI.G. Real Property:

XI.G.1. Discussion, consideration and possible action to form an ad hoc committee collaborating with Brownsville Independent School District, City of Brownsville and Gladys Porter Zoo; and discussion of possible acquisition or sale of real property.

XII. BOARD RECONVENES - Board action on agenda items discussed in Executive Session.

XIII. Announcement(s):

XIV. Adjournment.