December 13, 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, December 13, 2022, with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Amend Minutes of the Special Called Board Meeting held Tuesday, August 23, 2022

VI.B. Minutes for the Regular Board Meeting of Tuesday, October 4, 2022

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Recognition of Texas Humanities 2022 outstanding Teacher Awards – Alma Salazar (Faulk Middle School).

VII.A.2. Recognition of Do the Write Thing Challenge 2022.

VII.A.3. Recognition of BISD Elementary School Science Fair Winners

VII.A.4. Open Public Hearing - Targeted Improvement Plan Presentations and Board Public Hearing for Campuses In School Improvement.

VII.A.5. Targeted Improvement Plan Presentations and Board Public Hearing for Campuses In School Improvement.

VII.A.6. Close Public Hearing - Targeted Improvement Plan Presentations and Board Public Hearing for Campuses In School Improvement.

VII.A.7. Brownsville Independent School District Financial Report for the period ended November 30, 2022.

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. Board Member Request(s)

X.A. Conference Presentation(s):

X.A.1. Requesting presentation in reference to BISD athletes insurance.  (Board Member Request Minerva Pena, Board Support Carlos Elizondo)

X.A.2. Requesting presentation and status in reference to BISD vacancies.  (Board Member Request Frank Ortiz, Board Support Carlos Elizondo)

X.A.3. Presentation regarding the data wall timelines. In addition, follow up to the schools that were reported not following recommendations.  (Board Member Request Eddie Garcia, Board Support Denise Garza)

X.A.4. Presentation and discussion on the status of the BISD Museum at CAB.  (Board Member Request Frank Ortiz, Board Support Carlos Elizondo)

X.B. Action Item(s)

X.B.1. Discussion, considerations and possible action on conducting an anonymous climate survey with all BISD Employees.  (Board Member Request Minerva Pena, Board Support Carlos Elizondo)

X.B.2. Consideration and possible action on having a Brownsville Independent School District day during the 88th Texas Legislation Session at the Capitol in Austin, TX.  (Board Member Request Daniella Lopez Valdez, Board Support Denise Garza)

X.B.3. Discussion, Consideration and possible action on the update to action item that was approved on 10/4/22 to conduct a salary compression study to use as a guide for the upcoming budget process to include strategies to remedy pay compression. The goal of the study is to continue to improve the fairness of pay for employees (including substitute teachers)  (Board Member Request Denise Garza, Board Support Daniella Lopez Valdez)

X.B.4. Discussion and possible action on retaining an auditing firm to conduct a forensic audit of BISD.  (Board Member Request Carlos Elizondo, Board Support Frank Ortiz)

X.B.5. Discussion and possible action to direct administration to solicit requests for qualifications from auditing firms to conduct a forensic audit of BISD. (Board Member Request Carlos Elizondo, Board Support Frank Ortiz)

X.B.6. Discussion and possible action on termination of the Law Firm of Ohanlon, Demerath, & Castillo as general counsel for BISD.  (Board Member Request Carlos Elizondo, Board Support Frank Ortiz)

X.B.7. Discussion and possible action on retaining an interim attorney for BISD.  (Board Member Request Carlos Elizondo, Board Support Frank Ortiz)

X.B.8. Reinstating recordings of the close session discussions during all Board Meetings.  (Board Member Request Minerva Pena, Board Support Carlos Elizondo)

XI. Consent Agenda:

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

XI.A.1. Recommend approval of Resolution #023/2022-2023 for the appointment of an individual to serve on the Cameron County Appraisal District Board of Directors. 

XI.A.2. Open Public Hearing for Resolution #024/2022-2023

XI.A.3. Discussion, consideration and possible action to approve Resolution #024/2022-2023 for a Retention Stipend to be paid on or after December 20, 2022 to all full-time and permanent part-time employees who were employed as of September 1, 2022 and who remain employed on December 9, 2022 and substitutes who worked 60 days or more during the period of August 16, 2022 through December 9, 2022 in the amount of $525.00.  

XI.A.4. Close Public Hearing for Resolution #024/2022-2023

XI.A.5. Recommend approval to declare surplus/obsolete furniture, supplies, equipment, vehicles and portable buildings to be disposed in accordance with Board Policy CI (Local) School Properties Disposal. 

XI.A.6. Recommend approval to adopt the National Incident Management System (NIMS) in accordance with the President’s Homeland Security Directive (HSPD)-5. 

XI.A.7. Recommend approval to award Quote #Q013-23 Galvanized Barbless Wire Chain Link Fence Extenders to CPM Design, LLC of Brownsville, Texas, and to purchase the turn-key services in the amount not to exceed $729,590.00 with the successful completion within 40 days of all Middle Schools.  Acquisition to be processed using BuyBoard Cooperative Purchasing, Resolution #R002/22-23. Categorical Fund Local.

XI.A.8. Recommend approval to continue the procurement and acquisition process for two elevators within the administration building. Purchase to be made using an approved Cooperative that provides the best value to the District, not exceeding $200,000.00 from Local funds. 

XI.A.9. Recommend approval of the 2022-2023 High School Course Listing Guide Amendment to include the addition of the CTE course, Web Communications. *

XI.A.10. Recommended approval to purchase Ring Publications LLC for district-wide middle and high schools from Mastery Prep, 1771 Florida Blvd., Baton Rouge, LA 70806.

XI.A.11. Recommended approval to purchase of Cardonex Master Schedule Builder for district-wide middle schools and high schools from Education Advanced.2702 E. Fifth St, #372 Tyler, TX 75701. Acquisition to be processed using Buy Board Cooperative Purchasing, Resolution #R002/22-23.

XI.A.12. Recommend approval of the 2022-2023 Targeted Improvement Plans as required by the Texas Education Code for Aiken Elementary, Cromack Elementary, Palm Grove Elementary, Skinner Elementary, Vermillion Elementary, Besteiro Middle School, Garcia Middle School, Lucio Middle School and Stell Middle School, with revisions as needed. These Targeted Improvement Plans will serve as guides to District and Campus Staff for the improvement of student performance to attain state and federal standards. *

XI.A.13. Recommend approval for 2021-2023 Texas Regional Pathway Network Grant to pay grant stipends to Brownsville Independent School District Curriculum Specialists for training and materials for Student Educator training, camp and paid internships on Saturdays through 2022-2023 school year.  No Cost to the District.  *

XI.A.14. Recommend approval to pay grant stipends which include administrative support and extra duty pay in compliance with Texas Regional Pathways Network Grant (TRPN) ending on August 31, 2023. 

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

XI.B.1. Recommend the approval of payments for services throughout the District in the total amount of $1,093,044.57.

XI.C. Recommend approval of Budget Amendments:

XI.C.1. Recommend approval of Budget Amendment #017 in the amount of $7,488,763.00 for Local Funds.  (Reallocation of $1,532,109.00, Undesignated Fund Balance of $58,483.00 and Carryover Budget of $5,898,171.00)

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

XI.D.1. Recommend approval of UTRGV GEARUP Subaward Amendment #7 in the amount of $403,860.00. This provides funding for four GEAR UP counselors and instructional support for Lopez, Porter, and Rivera Early College High Schools under the current Memorandum of Understanding that runs through September 25, 2023. *

XI.D.2. 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.  *

XI.D.3. Recommend approval of Memorandum of Understanding between BISD Police Department and Law Enforcement Support Office (LESO) Program participating Law Enforcement Agency (LEA). 

XI.D.4. Administration is requesting approval to terminate the contract between Vizipp Inc. and Brownsville ISD. Vizipp Inc. failed to provide Student Educator training, camp and paid internships through the 2021-2023 Texas Regional Pathways Network (TRPN) Grant. TRPN Grant will pay Brownsville ISD Curriculum Specialists a stipend for training and materials for Student Educator training, camp and paid internships on Saturdays through 2022-2023 school year. No Cost to the District. 

XI.D.5. Recommend approval of Memorandum of Understanding between BISD and TSC Nita M. Lowey 21st Century Community Learning Centers (CCLC) Grant Program, Cycle 12. Participating schools are Besteiro, Faulk, Garcia, Lucio and Perkins Middle schools; and Hanna, Lopez, Pace, Porter, and Rivera Early College High Schools. The term of this MOU shall be made effective August 1, 2023 through July 31, 2028 until the completion of the Grant. MOU is contingent upon TSC receiving the Nita Lowey 21st CCLC Grant Program NOGA.   *

XI.D.6. Recommend approval for the Administration to continue collaborative service agreements with the Gladys Porter Zoo, Brownsville Historical Association and the Brownsville Museum of Fine Arts in the amount not to exceed $89,480.00 from budgeted Local Maintenance Funds. (Annual Agreement)  *

XI.D.7. Recommend approval of Memorandum of Understanding with Driscoll Health Care from December 14, 2022-November 30, 2024, to provide health information and services to migrant students and their families at no cost to the District. *

XI.D.8. Recommend approval of Memorandum of Understanding with Molina Health Care from December 14, 2022-November 30, 2024, to provide health information and services to migrant students and their families at no cost to the District. *

XI.D.9. Recommend approval of Memorandum of Understanding with Superior HealthPlan from December 14, 2022-November 30, 2024, to provide health information and services to migrant students and their families at no cost to the District. *

XI.D.10. Recommend approval to enter into a Memorandum of Understanding with Grand Canyon University to offer eligible students, teachers, staff, and spouses a minimum award package of $3,250.00 per academic year. *

XI.D.11. Recommend approval for the Memorandum of Agreement between RGV Linking Economic and Academic Development and Brownsville Independent School District for the 2022-2023 school year. Rio Grande Valley Linking Economic and Academic Development will provide services to support the goal of students to stay in school and graduate from high school equipped with college and workforce readiness, in the amount not to exceed $25,400.00 from State Categorical funds. *

XI.D.12. Recommend approval to amend the existing Memorandum of Understanding and partnership agreement between UTRGV School of Medicine and Brownsville ISD to expand the accessibility of mental health counseling services to all BISD students via telemedicine/telehealth through August 13, 2024 with an automatic renewal of one-year terms thereafter subject to state funding. *

XI.D.13. Recommend approval of a Memorandum of Understanding between Rise Recovery and Brownsville ISD for counseling services for BISD students for the 2022-2023 school year. No cost to the District. *

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

XI.E.1. Recommend awarding of CSP #23-162 Garcia, Stillman, Stell Middle Schools - Four Lane Tracks Project to Beynon Sports Surfaces, Inc. of Hunt Valley, Maryland in the amount not to exceed $2,882,980.00, to authorize the Administration to enter negotiations, and to execute the contract.  Local Fund 197.

XI.E.2. Recommend awarding of CSP #23-165 Vermillion ES - Administration Building Reroofing Project to TADCO Roofing of Edinburg, Texas in the amount not to exceed $212,273.00, to authorize the Administration to enter negotiations, and to execute the contract.  Local Fund 199.

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

XII.A. LEVEL III GRIEVANCE(S):

XII.A.1. Discussion, consideration, and possible action regarding Level III Grievance No.005/22-23 on T.C.

XII.A.2. Discussion, consideration, and possible action regarding Level III Grievance No.006/22-23 on M.C.

XII.B. PERSONNEL MATTER(S):

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

XII.B.2. Presentation, acceptance and approval of Resignations. (11)

XII.B.3. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XII.B.4. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Assistant Principal (replaced existing FTE).  Subject to receipt of all outstanding documentation. (3) 

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

XII.B.6. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – Dean of Instruction (replaced existing FTE).  Subject to receipt of all outstanding documentation.(1) 

XII.B.7. Recommend approval of chapter 21 contractual personnel for the 2022-2023 school year(s) – JROTC Senior Army Instructor (replaced existing FTE).  Subject to receipt of all outstanding documentation. (1) 

XII.B.8. 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) 

XII.B.9. Recommend approval of Campus Professional Employee (K.S.) for change in contract and days for the 2022-2023 Fiscal School Year.

XII.C. ATTORNEY CONSULTATION

XII.C.1. Staff Attorney

XII.C.1.a. Discussion, consideration, and possible action regarding resolution of Sandra Lopez Grievance

XII.C.1.b. Discussion and possible action concerning resolution of BISD v. Scoggins et al., Cause No. 2020-DCL- 02227, in the 357th District Court of Cameron County, Texas.

XII.C.2. Board Attorney:

XII.C.2.a. Legal Update with Board Counsel.

XII.C.2.a.1. Settlement for Keller Elementary School case.

XII.D. INTERNAL AUDITOR CONSULTATION

XII.D.1. Discussion with Internal Auditor and legal counsel concerning security and legal issues for accounts payable functions.

XII.E. Board Self Evaluation.

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

XIV. Announcement(s):

XV. Adjournment.