June 14, 2022 at 5:30 PM - Rescheduled 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 Rescheduled Regular Board Meeting of Tuesday, June 14, 2022 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Special Called Board Meeting held Tuesday, March 22, 2022

VI.B. Emergency Called Board Meeting held Tuesday, March 22, 2022

VI.C. Regular Board Meeting held Tuesday, April 5, 2022

VI.D. Special Called Board Meeting held Tuesday, April 12, 2022

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Recognition of Ms. Cindy Shears.

VII.A.2. Recognition for Mr. Miguel Eduardo Molano (5th grade) for placing first place district wide with the highest AR points (918).  (Board Agenda Request Dr. Prisci Roca Tipton and Board Support, Minerva Pena)

VII.A.3. Recognition for High School Senior, Lawrence Keiung Hernandez, for having Perfect Attendance at Sharp Elementary School, at Stell Middle School and at Hanna Early College High School.  (Board Agenda Request Minerva Pena-Board Support Eddie Garcia)

VII.A.4. Recognition of the Adult Continuing Education Program.

VII.A.5. Recognition of the Food and Nutrition Services Department Employee.

VII.A.6. Presentation of One Tree Planted Urban Forestry Project Grant.

VII.A.7. Brownsville Independent school District Financial Report for the period ended May 31, 2022. 

VII.B. DISTRICT UPDATE:

VII.B.1. Curriculum & Instruction

VII.B.2. 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 Roberts 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 for an Official Notice and Order of the Brownsville Independent School District Trustee Election scheduled on Tuesday, November 8, 2022.

X.A.2. Recommend approval to purchase addition playground structures for Special Education children as a turn-key project, Phase I, II and III for 9 elementary campuses district-wide from Play and Park Structures of Southern Texas, from San Antonio, TX, in the amount not to exceed $713,048.28. Acquisition to be processed using the OMNIA/NIP A (Region 4) Cooperative, Resolution #R00 1/20-21. Project to be paid from ESSER III Categorical Fund 282.

X.A.3. Recommend approval of the Elementary and Secondary Grading Procedures for the 2022-2023 school year.  *

X.A.4. Recommend approval to declare surplus/obsolete Furniture, Supplies, Equipment and Vehicles to be disposed in accordance with Board Policy CI (Local) School Properties Disposal.  

X.A.5. Recommend approval to adopt the Student Code of Conduct for the 2022-2023 school year. A total of $5,000.00 has been budgeted from local funding for printing by the Department of Pupil Services. *

X.A.6. Recommend approval of the purchase of the Middle School Softball Scoreboards Project using the procurement process documentation attached for the amount not to exceed, $150,000.00.  

X.A.7. Recommend approval of the purchase of the Middle School bleachers project using the procurement process documentation attached for the amount not to exceed, $305,000.00.  

X.A.8. Recommend approval to renew annual 2022-2023 for several District Membership Fees in the approximate amount of $91,496.72.

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

X.B.1. Recommend approval for payment of annual renewal and software maintenance fees, not to exceed $1,198,755.57 for eSchools K-12 Education, Bethlehem, PA, and Business PLUS, Chico, CA, Public Sector through parent company PowerSchool Group, LLC Folsom, CA for the 2022-2023 school year.  

X.B.2. Recommend approval of Payment #1 for $109,330.75, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the (10) Mini-Gym HVAC and Restroom Additions Project to be paid from Tax Rate Increase Fund 188.

X.B.3. Recommend approval of Payment #1 for $205,581.60, as partial payment to Ethos Engineering, Inc. for Engineering Services work completed on the ESSER HVAC Upgrades, Group I Project to be paid from ESSER III Fund 282.

X.B.4. Recommend approval of Payment #2 for $34,785.00 as partial payment to R. L. Abatement, Inc. for Construction Services work completed on the Resaca Technology Center – Portable/Canopy Demolition and Disposal Project to be paid from Local Fund 197.

X.B.5. Recommend approval of Payment #2 for $399,546.36 as partial payment to Insight Public Sector, Inc. for Construction Services work completed on the BISD Intercom Upgrades – District Wide project to be paid from Tax Rate Increase Fund 188.

X.B.6. Recommend approval of Payment #3 for $19,044.00 as partial payment to R. L. Abatement, Inc. for Construction Services work completed on the Resaca Technology Center – Portable/Canopy Demolition and Disposal Project to be paid from Local Fund 197.

X.B.7. Recommend approval of Payments #3 for $146,183.70 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the ESSER HVAC Upgrades, Group I Project to be paid from ESSER III Fund 282.

X.B.8. Recommend approval of Payment #4 for $1,904.00, as final payment to Ethos Engineering for Engineering Services work completed on the Hanna Gas Line Service Infrastructure Repairs Project to be paid from Maintenance Local Fund 199.

X.B.9. Recommend approval of Payment #6 for a total of $234,495.67, as partial payment to ROFA Architects, for Architectural Services work completed on the Sams Stadium New Parking Lot/Concession Stand Improvements Project to be paid from Tax Rate Increase Fund 188.

X.B.10. Recommend approval of Payment #12 for $2,600.00 as partial payment to Ethos Hostistique Holdings, LLC./dba Ethos Engineering for Engineering Services work completed on BISD District-Wide Intercom Replacement Project to be paid from Tax Rate Increase Fund 188.

X.B.11. Recommend approval of Payment #12 for $377,485.35, as partial payment to Scoggins Construction C., Inc. for Construction Services work completed on the Elementary Mini-Gym HVAC and Restroom Additions Project to be paid from Tax Rate Increase Fund 188.

X.B.12. Recommend approval of Payment #13 for $183,483.95, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Elementary Mini-Gym HVAC and Restroom Additions Project to be paid from Tax Rate Increase Fund 188.

X.B.13. Recommend approval of Payment #18 for $13,650.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Elementary Mini-Gyms – HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188.

X.B.14. Recommend approval of Payment #19 for $13,650.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Elementary Mini-Gyms – HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188. 

X.C. Recommend approval of Budget Amendments:

X.C.1. Recommend approval of Budget Amendment #019 in the amount of $4,441,881.00 for Local Funds. (Reallocation of $4,441,881.00 as requested by campuses and departments). 

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

X.D.1. Recommend approval to contract with Cameron County Elections Office and to pay 60% deposit for estimated costs of election services for a joint Election to be held on Tuesday, November 8, 2022 and to authorize the Superintendent to sign the contract.  Estimated at $180,394.50.

X.D.2. Recommend approval to enter into an MOU with Emerson College and Brownsville ISD to provide an opportunity for masters degree program students to obtain in-field and out-of-field clinical experience. Will be effective June 14, 2022 through August 15, 2023. In previous years, the district has had sponsorship agreements between BISD and other university programs. At no cost to the District. *

X.D.3. Recommend approval to enter into an MOU with Baylor College and Brownsville ISD to provide an opportunity for master's degree program students to obtain in-field and out-of-field clinical experience. Will be effective June 14, 2022 through August 15, 2023. In previous years, the district has had sponsorship agreements between BISD and other university programs. At no cost to the district. *

X.D.4. Recommend approval to enter into an MOU with New York University and Brownsville ISO to provide an opportunity for master's degree program students to obtain in-­field and out-of-field clinical experience. Will be effective June 14, 2022 through August 15, 2023. In previous years, the district has had sponsorship agreements between BISD and other university programs. At no cost to the District. *

X.D.5. Recommend approval to purchase Navigate360 of Richfield, Ohio to implement a social-emotional curriculum for all BISD secondary students in grades 6th-12th for the 2022-2023 school year. Acquisition to be processed using Region VIII Education Service Center (TIPS) Cooperative Purchasing, Resolution #009/21-22. To be paid with categorical Fund 282/ESSER III in the amount of $82,944.00. *

X.D.6. Recommend to enter into contract with Vizipp Inc. for the 2021-2023 TRPN Grant for dates August 2022-August 2023, to assist workforce development regions with providing high quality college and career pathways that are aligned with regional workforce needs.  There will be no cost to the District.  *

X.D.7. Recommend approval to approve the contract with E3Alliance for services for BISD campuses: Garcia, Lucio, and Stell Middle Schools for the second-year up to $132,000.00 for this Vetted Improvement Provider contingent upon availability of grant funding.  *

X.D.8. Recommend approval to continue year two of contract with E3Alliance for services for Russell Elementary School up to $27,500.00 for this Vetted Improvement Provider contingent upon availability of grant funding.  *

X.D.9. Recommend approval to renew contracts with Instruction Partners for BISD campuses for the second year contingent upon availability of grant funding for up to $378,175.00.  *

X.D.10. Recommend approval to accept a 2022 Launch BTX Grant in the amount of $75,000.00 from Greater Brownsville Incentives Corporation to provide a Summer Internship program and purchase drones to prepare our CTE students with the skills set needed to prepare them for a job with Paragon VTOL Aerospace. *

X.D.11. Recommend approval to enter into a Memorandum of Understanding between BISD Police Department and Cameron County District Attorney’s Office for the Create a Learn Educate, Appreciate, Develop (L.E.A.D.) program for adult students attending BISD who are 17 years of age and older who committed the offense of possession of controlled substance. At no cost to the District.  *

X.D.12. Recommend approval to enter into an agreement of understanding with Brownsville ISD and UTRGV School Nursing program. Upon approval the agreement will take in effect August 31, 2022 and end on August 31, 2027. *

X.D.13. Recommended approval to enter into Inter-Local Cooperation Agreement and Memorandum of Understanding between the Cameron County Juvenile Justice Alternative Education Program and the Brownsville Independent School District for 2022-2023 school year. A total estimated fiscal implication not to exceed $50,000.00 for the 2022-2023 school year is anticipated. *

X.D.14. Recommend approval to enter into Agreement with Cameron County Community 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 2022-2023 school year at no cost to the District. *

X.D.15. Recommend approval to enter into contractual agreement with come dream. come build./YouthBuild Brownsville, to begin providing High School Equivalency instructional services along with Career Pathways and certification to adults in the Cameron county area in the amount not to exceed $64,224.00 for the 2022-2023 school year. *

X.D.16. Recommend approval of the Memorandum of Understanding between BISD and Good Samaritan Community Services to provide supportive services, including after-school programs, recreation and leadership services to BISD students that would lead to further academic and personal success for the 2022-2023 school year at no cost to the District.*

X.E. Recommend approval of the following Bid(s)/Proposal(s)/Purchase(s):

X.E.1. Recommend renewal of CSP #20-130 Professional Educators and School Board Legal Liability Insurance to National Union Fire Insurance Company/Montalvo Insurance Agency of Weslaco, Texas for the 2022-2023 plan year.  This is the final year of original contract.

X.E.2. Recommend awarding CSP #23-006 Basic Education Certification Program for EMT to International Academy of Emergency Medical Technology, Brownsville, Texas, in the amount not to exceed $133,652.16, for the 2022-2023 school year. Services will be rendered based on the needs of the district. The proposal is for a three (3) year term with an option to renew for two (2) additional, one (1) year terms.

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

XI.A. PERSONNEL MATTER(S):

XI.A.1. Presentation, acceptance and approval of Retirements. (11)

XI.A.2. Presentation, acceptance and approval of Resignations. (35)

XI.A.3. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XI.A.4. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – ROTC Instructor (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XI.A.5. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Testing Coordinator (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1)  

XI.A.6. Recommend approval of department professional staff for non-chapter 21 contracts for the 2022-2023 School Year.

XI.A.7. Recommend approval of campus professional staff for probationary contracts for the 2022-2023 School Year.

XI.A.8. Recommend approval of campus professional staff for chapter 21-term contracts for the 2022-2023 School Year.

XI.A.9. Recommend approval to compensate professional employee (M.S.G.) for two (2) years experience earned but not paid in the following fiscal school years: 2019-2020 and 2020-2021.

XI.A.10. Recommend to approve the proposed termination of the non-chapter 21 contract of professional E.B., (Grants Coordinator) for good cause for the current school year.

XI.A.11. Discussion, consideration and possible action on Superintendent’s Evaluation and Contract.

XI.B. ATTORNEY CONSULTATION

XI.B.1. Staff Attorney

XI.B.1.a. Discussion, consideration, and possible action regarding Case No. 1:18-cv-173; Chavez v. Brownsville Independent School District.

XI.B.1.b. Discussion, consideration, and possible action regarding Case No. 2021-DCL-06699; Jimmy Haynes v. BISD. In the 197th District Court, Cameron County, Texas. 

XI.B.1.c. Discussion, consideration, and possible action regarding Maria Fonseca vs. Brownsville Independent School District.

XI.B.1.d. Discussion, consideration, and possible action regarding Rita Gracia vs Brownsville Independent School District & Victor Ramirez, Individually.

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

XI.B.1.f. Discussion, consideration and possible action regarding Cause No. 2018-DCL-6176; Brownsville ISD v. Roth Construction, Inc.: In the 357th Judicial District Court, Cameron County, Texas (Veterans Memorial ECHS, Porter ECHS et al.)

XI.B.2. Board Attorney:

XI.B.2.a. Legal Update with Board Counsel.

XI.C. INTERNAL AUDITOR CONSULTATION

XI.C.1. Recommend approval of the Internal Audit Department's "Audit Plan" for the period July 1, 2022 to June 30, 2023.

XI.D. Board Self Evaluation.

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

XIII. Announcement(s):

XIV. Adjournment.