June 13, 2023 at 5:30 PM - Rescheduled Regular Board Meeting

I. Rescheduled Regular Board 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 13, 2023 with any corrections/deletions.

VI. Superintendent's Report:  * SB1566

VI.A. Conference Presentations:

VI.A.1. Recognition of Athletic Excellence State Powerlifting Qualifiers.

VI.A.2. Recognition in Support of Migrant Services for 2022-2023 School Year.

VI.A.3. Accelerated Reader: Recognition of the Top Student in each grade level.

VI.A.4. Recognition of sponsors supporting schools for the “Socks for Success” Initiative during the 22-23 school year.

VI.A.5. 7th Annual Jason Garcia Memorial Scholarship.  (Board Agenda Request Minerva Pena/Board Support Carlos Elizondo)

VI.A.6. Brownsville Independent School District Financial Report for the period ended May 31, 2023.

VI.B. Presentation and updates regarding Ongoing Facilities Project(s):

VI.B.1. Resaca Technology Center

VI.B.2. Sams Memorial Stadium

VII. 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.

VIII. 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)

IX. Consent Agenda:

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

IX.A.1. Recommend approval to amend the 2023-2024 Instructional Calendar.

IX.A.2. Recommend approval to declare surplus/obsolete vehicles, supplies, equipment, cars, and portable buildings to be disposed in accordance with Board Policy CI (Local) School Properties Disposal.

IX.A.3. Recommend approval to declare obsoleted out-of-adoption textbooks to be disposed in accordance with Board Policy CMD (Legal) Instructional Materials Care and Accounting.

IX.A.4. Recommend approval to Authorize Administration to accept Change Order Number 001 from Facility Solution Group Harlingen, TX. to extend Substantial Completion date to August 31, 2023.

IX.A.5. Recommend approval to Authorize Administration to accept Change Order # 001 to extend Substantial Completion date to August 31, 2023 for CSP # 21-121 BISD Intercom Upgrades various Schools to Insight Public Sector Inc. McAllen, TX.

IX.A.6. Recommend approval to award CWQ006-23 Softball Bleacher Project Upgrades to GT Grandstands, Inc. of Plant City, Florida in the amount not exceeding $841,885.00. Acquisition to be processed using the TIPS (Region 8) cooperative, Resolution #R009/22-23. 

IX.A.7. Recommend approval to award Q007-23 BISD Transportation Above Ground Fuel Tanks to PSI JF Petroleum Group of Edinburg, Texas, in the amount not exceeding $330,991.43. Acquisition to be processed using the Buy Board Cooperative, Resolution #673-22. Local Fund 199.

IX.A.8. Recommended approval of Resolution No. 031/2022-2023 for Brownsville I.S.D. to receive funding for the FY 2023 Bullet-Resistant Grant that was Board approved on 2/07/2023 in the amount of $382,252.00.

IX.A.9. Discussion, consideration and possible action regarding the possible donation of a surplus portable building to the Cameron County Juvenile Justice Department (CCJJD) to expand their office space to provide community-based programming for troubled youth and their families.

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

IX.B.1. Recommend approval for payment of annual renewal and software maintenance fees not to exceed $1,222,546.37 for eSchools K-12 Education, Bethlehem, PA, and Business PLUS, Chico, CA, Public Sector through parent company PowerSchool Group LLC Folsom, CA for the 2023-2024 school year.

IX.B.2. Recommend the approval of payments for construction services and/or engineering services throughout the District in the total amount of $5,178,760.50.

IX.C. Recommend approval of Budget Amendments:

IX.C.1. Recommend approval of Budget Amendment #022 in the amount of $6,428,431.00 for Local Funds.  (Reallocation of $6,068,431.00 and Additional Funding of $360,000.00)

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

IX.D.1. Recommend approval of Memorandum of Understanding (MOU) with NINOS Head Start to lease real property and place portable buildings on such property located at Burns Elementary (1974 Ease Alton Gloor Road, Brownsville, TX) from November l, 2023 to November 30, 2033. *

IX.D.2. Recommendation approval to allow the “Right of Entry Agreement”, between BISD BLA Property 2036599 Robindale Rd. Adjacent to 4350 Robindale Rd. and Verizon-MD7 at no cost to the District.

IX.D.3. Recommend approval of UTRGV/BISD GEAR UP Subaward Amendment #8 to develop program services and activities at regional Institutes of Higher Education, inclusive of UTRGV, TSC, TSTC, and/or STC that will support college acceptance, matriculation, retention, and completion for UTRGV GEAR UP Cohort students in the 7th Year of the UTRGV/BISD GEAR UP Grant Project shall remain in effect through September 25, 2024. *

IX.D.4. Recommend approval to enter into a Memorandum of Understanding between The American Institutes for Research and the Brownsville Independent School District. This memorandum of understanding will be at no cost to the District. *

IX.D.5. Recommend approval to enter into Memorandum of Understanding between PSJA ISD and the Brownsville Independent School District to provide professional products and services to BISD in the area of informational systems. A total estimated fiscal implication not to exceed $114,000.00 from ESSER Funding for August 1, 2023 to August 31, 2024 school year is anticipated. *

IX.D.6. 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 2023-2024 school year at no cost to the District.

IX.D.7. Recommend approval to enter into an MOU with New York University and Brownsville ISD to provide a master's degree program for both in-field and out-of-field students. Will be effective August 15, 2023 through August 15, 2026 and may be renewed thereafter if agreed upon by both parties. In previous years, the District has had sponsorship agreements between BISD and New York University. At no cost to the District.

IX.D.8. Recommend approval to enter into an MOU with Texas Woman's University and Brownsville ISD to provide a masters degree program for both in-field and out-of-field students. Will be effective upon execution by both Parties and will continue for five (5) years and may be renewed for additional five (5)-year terms thereafter if agreed upon by both parties. In previous years, the district has had sponsorship agreements between BISD and Texas Woman's University. At no cost to the District. *

IX.D.9. Request approval of Memorandum of Understanding with Instruction Partners for Lopez ECHS and Besteiro MS for the 2023-2024 school year contingent upon availability of grant funding for up to $77,705.00. *

IX.D.10. 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 2023-2024 school year. *

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

IX.E.1. Recommend awarding of CSP #22-147 BISD Food and Nutrition Services – New Freezer/Cooler Facility to Scoggins Construction Co., Inc., of Harlingen, Texas, in the amount not exceeding $3,360,000.00, to authorize the Administration to enter negotiations and to execute the contract.  Local fund 199.

IX.E.2. Recommend renewal of 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 2023-2024 school year.  Services will be rendered based on the needs of the district. Year two (2) of a five (5) year contract.

IX.E.3. Recommend awarding of CSP #23-130 Professional Educators and School Board Legal Liability Insurance to National Union Fire Insurance Company / Montalvo Insurance Agency of Weslaco, Texas for the 2023-2024 plan year with the option to renew up to two (2) additional one (1) year periods.  Year 1 of a 3 year contract.

IX.E.4. Recommend awarding of CSP #23-173 ESSER Faulk MS HVAC Upgrades, Group II Project to Carrier Corporation of McAllen, Texas in the amount not exceeding $394,500.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

IX.E.5. Recommend awarding of CSP #23-174 Hanna ECHS – New Parking Lot Expansion Project to G & T Paving, LLC of Brownsville, Texas in the amount not exceeding $855,359.62, to authorize the Administration to enter negotiations, and to execute the contract.  Local Fund 197.

IX.E.6. Recommend awarding of CSP #23-175 Resaca Tech Center – Parking Improvements Project to R. Pizaña Paving, LLC of Brownsville, Texas in the amount no exceeding $452,500.00, to authorize the Administration to enter negotiations, and to execute the contract.  ESSER III Fund 282.

IX.E.7. Recommend awarding of CSP #23-176 BISD Transportation - New Fuel Station Project to Araiza General Construction, LLC of San Benito, Texas in the amount not exceeding $605,882.88, to authorize the Administration to enter negotiations, and to execute the contract. Local Fund 199.

X. Board Member Request(s)

X.A. Action Item(s)

X.A.1. Discussion and possible action to re-organize board officers.  (Board Agenda Request Denise Garza/Board Support Eddie Garcia)

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. (23)

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

XI.A.4. Recommend approval of personnel for the 2023-2024 school year – Chief Academic Officer. Subject to receipt of all outstanding documentation. (1)

XI.A.5. Recommend approval of personnel for the 2023-2024 school year – Chief Financial Officer. Subject to receipt of all outstanding documentation. (1)

XI.A.6. Recommend approval of personnel for the 2023-2024 school year – Chief Human Resources Officer. Subject to receipt of all outstanding documentation. (1)

XI.A.7. Recommend approval of personnel for the 2023-2024 school year – Director for Career & Technical Education. Subject to receipt of all outstanding documentation. (1)

XI.A.8. Recommend approval of personnel for the 2023-2024 school year – Director for Parent & Family Engagement. Subject to receipt of all outstanding documentation. (1)

XI.A.9. Recommend approval of personnel for the 2023-2024 school year(s)- Athletic Trainer. Subject to receipt of all outstanding documentation (3)

XI.A.10. Recommend approval of personnel for the 2023-2024 school year(s)- Nurse. Subject to receipt of all outstanding documentation.(2)

XI.A.11. Recommend approval of personnel for the 2023-2024 school year(s)- Defense Coordinator. Subject to receipt of all outstanding documentation. (1)

XI.A.12. Recommend approval of personnel for the 2022-2023 school year(s) - Supervisor, FNS. Subject to receipt of all outstanding documentation. (1)

XI.A.13. Recommend to approve the termination of a Probationary Chapter 21 contract of professional R.R. (JROTC Senior Army Instructor) for good cause for the 2023-2024 school year.

XI.A.14. Recommend approval of Campus Professional Employee (J.R.) for change in  days for the 2023-2024 Fiscal School Year.

XI.B. ATTORNEY CONSULTATION

XI.B.1. Staff Attorney

XI.B.2. Board Attorney:

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

XI.B.2.a.1. Discussion and possible action regarding proposed special education litigation settlement agreement for student D.S.

XI.B.2.a.2. Discussion and possible Board action to partially waive executive session confidentiality concerning discussions  during Closed Session portion of May 2, 2023 BISD Board meeting.

XI.B.2.a.3. Discussion and possible action regarding authorization of litigation against Vizipp, et al.

XI.B.2.a.4. Discussion and possible action on proposed settlement agreement in Cause No. 2020-DCL-2385:  Brownsville Independent School District v. Scoggins Construction Company, Inc. et al, in the 357th Judicial District Court, Cameron County, Texas.

XI.C. INTERNAL AUDITOR CONSULTATION

XI.C.1. Status of past, ongoing and completed Board approved audits.

XI.C.2. Recommend approval of the Audit Plan for the period of July 1, 2023 to June 30, 2024.

XI.D. BOARD SELF EVALUATION.

XI.E. BOARD MEMBER REQUEST(S):

XI.E.1. I would like to have discussion and possible action reference to release of Executive Session minutes from the May 2nd, 2023 meeting, reference to BISD Incident Police Report #23050086. I am also requesting that bodycam video also be released in reference to this police report. (Board Agenda Request - Eddie Garcia/Board Support Denise Garza)

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

XIII. Announcement(s):

XIV. Adjournment.