November 14, 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, November 14, 2023, with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Regular Board Meeting of May 2, 2023.

VI.B. Special Called Board Meeting of May 15, 2023.

VI.C. Special Called Board Meeting of May 22, 2023.

VI.D. Hearing #03 (D.G.) of June 1, 2023.

VI.E. Rescheduled Regular Board Meeting of June 13, 2023.

VI.F. Special Called Board Meeting of June 22, 2023.

VI.G. Special Called Board Meeting of June 28, 2023.

VII. Superintendent's Report:  * SB1566 (Student/Instructional Related Agenda Items)

VII.A. Conference Presentations:

VII.A.1. Recognition of the 2023 AP School Honor Roll also honors Brownsville Early College High School with the AP Access Award. This award is dedicated to schools that actively promote more inclusive and equitable opportunities for underrepresented minority and/or low-income students participating in AP® courses.

VII.A.2. Open Public Hearing School FIRST (Financial Integrity Rating System).

VII.A.3. Public Hearing - School FIRST (Financial Integrity Rating System).

VII.A.4. Close Public Hearing School FIRST (Financial Integrity Rating System).

VII.A.5. Presentation of Brownsville Independent School District Quarterly Investment Report for the period ended September 30, 2023.

VII.A.6. Presentation of the Brownsville Independent School District Financial Report for the period ended October 31, 2023.

VII.B. DISTRICT FACILITIES UPDATE:

VII.B.1. Resaca Technology Center Construction Project

VII.B.2. Sams Memorial Stadium Construction Project

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 to canvass VATRE (Voter Approval Tax Ratification Election) Returns – Election held Tuesday, November 7, 2023.

X.A.2. Recommend approval to purchase Ascend Learning curriculum and certification materials for the 2023-2024 school year. The BISD Career and Technical Education (CTE) Department has budgeted for this purchase (Sole Source). Instructional Funds: $40,000.00 for certification of student enrollment. *

X.A.3. Recommend approval of the 2023-2024 Campus Improvement Plans as required by the Texas Education Code. The Campus Education Improvement Plans will serve as a guide to District and campus staff for the improvement of student performance in order to attain state and federal standards. *

X.A.4. Recommend approval of Resolution #022/23-24 for the 2023-2024 Tax Levy in the amount of $80,035,711.47 based on the adopted tax rate of $1.030964 per $100 property valuation.

X.A.5. Recommend approval of the Annual Comprehensive Financial Report for the fiscal year ended June 30, 2023. 

X.A.6. Recommend approval to reschedule the Regular Board Meeting from December 5, 2023, to December 12, 2023 and January 2, 2024, to January 16, 2024, due to BISD calendared holidays.

X.A.7. Recommend approval to authorize the Mini Gyms HVAC-Restroom Addition Phase II Project under CSP #22-145 as substantially complete.

X.A.8. Recommend approval to accept the Architectural/Engineering Services contract amendment, Change Order #001 to Halff and Associates, of Brownsville, Texas for the nine (9) Mini Gyms HVAC/Restroom Addition Phase II Project, not exceeding $359,995.00.  Funding is to be paid from Tax Rate Increase Fund 188.

X.A.9. Recommend approval to accept the Construction Services contract amendment, Change Order #002 to Scoggins Construction Company, Inc of Harlingen, Texas for the nine (9) Mini Gyms HVAC/Restroom Addition Phase II Project, not exceeding $4,985,050.00.  Funding is to be paid from Tax Rate Increase Fund 188.

X.A.10. Recommend approval to contract consultants for the 2023-2024 school year to support District initiatives and practices for elementary and secondary educational staff based on District needs and funding.

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

X.B.1. Recommend approval to pay Cameron Appraisal District the required amount of $1,069,057.00 for appraisal services rendered. (Annual Fee)

X.B.2. Recommend approval of payments for construction services and/or engineering services throughout the District in the total amount of $3,072,364.89.

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

X.C.1. Recommend approval of the Texas Association of School Boards (TASB) pay system maintenance of Brownsville I.S.D. (Cost to the District $14,000.00)

X.C.2. Recommend approval to enter into a Memorandum of Understanding between the Brownsville Independent School District and Early Childhood Intervention (ECI) Program under the coordination of Region One ESC to provide services for qualifying infants, toddlers and their families for the 2023-2024 school year. At no cost to the District. *

X.C.3. Recommend approval to contract consultants from Heggerty for Phonemic Awareness to support fluency for elementary teachers for the 2023 - 2024 school year based on District needs and funding at a cost of $5,000.00. *

X.C.4. Recommend approval to contract certified consultants from Region One for CIRCLE training at elementary schools for the 2023 - 2024 school year based on District needs and funding at a cost of $14,450.00. *

X.C.5. Recommend approval to enter into a Memorandum of Understanding between Brownsville ISD and United Migrant Opportunity Services Migrant and Seasonal Head Start (UMOS MSHS) for 2023-2025 school year. The purpose of this preschool program is to provide services to children from 6 weeks to 5 years of age and their families. At no cost to the District.*

X.C.6. Recommend approval of a Memorandum of Understanding between Workforce Solutions Cameron and Brownsville ISD to establish working relationships by accommodating the assistance of Workforce Solutions Cameron and Career Outreach Specialists in delivering career information and workforce services to Brownsville ISD middle and high school students throughout the District under the guidelines of Texas Workforce Commission Workforce Center and Education Outreach Specialist Pilot Program and remain in full force through May 31, 2025. No cost to the District. *

X.C.7. Recommend approval for continued services of professional development with Lead4ward Services for the 2023-2024 School Year. 9th-12th grade District Leadership training in the amount of $40,500.00.  *

X.C.8. Recommend approval for continued services of professional development with Houghton Mifflin Harcourt for Consultant Services for the 2023-2024 School Year. 6th-12th grade District Writable training in the amount of $12,600.00.*

X.C.9. Recommend approval for the Workforce Solutions Cameron/Texas Rising Star Provider agreement for Brownsville Independent School District to receive the reimbursement funds of up to $80,000.00 for Daycare Services at Lincoln Park High School. It is based upon funding availability and participation with the Workforce Solutions Cameron and the Texas Rising Star Program.  *

X.C.10. Recommend approval to continue a partnership with Texas Southmost College to provide dual program opportunities for students. These programs expand and enhance dual enrollment/dual credit options. This agreement shall continue from year to year unless amended or terminated in writing by either party. Services and items to be purchased are subject to the District's needs and funding. Approximate cost $390,000.00. *

X.C.11. Recommend approval to enter into a Memorandum of Understanding with Viola’s House for the 2023-2024 school year to provide parental education classes, access to free diapers and baby materials at no cost to the District. *

X.C.12. Recommend approval to enter into Agreement with Cameron County Community Service Centers to provide Adult Basic Education/Adult Secondary Education, High School Equivalency, English as Second Language and certification for in demand occupations classes for the 2023-2024 school year at no cost to the District. *

X.C.13. Recommend approval to enter into a Memorandum of Understanding with local Rotarians, Mr. & Dr. Hagan for the implementation of the Early Act FirstKnight (EAFK) at Garden Park Elementary for the 2023-2024 School year at no cost to the District. *

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

X.D.1. Recommend approval to extend Bid #23-072 for Paint Supplies District-wide to several vendors for three (3) months to expire in February 2024.  (Annual Bid)

X.D.2. Recommend approval to extend Bid #23-075 for Oxygen, Acetylene and Welding Supplies District-wide to Praxair Distribution, Brownsville, Texas for three (3) months to expire in February 2024.  (Annual Bid)

X.D.3. Recommend approval to extend Bid #23-078 for Paving Services District-wide to several vendors for three (3) months to expire in February 2024.  (Annual Bid)

X.D.4. Recommend approval to extend Bid #23-079 for Roofing Maintenance District-wide to several vendors for three (3) months to expire in February 2024.  (Annual Bid)

X.D.5. Recommend approval to extend Bid #23-097 Ground Landscaping Services District-wide to several vendors for three (3) months to expire in February 2024.  (Annual Bid)

X.D.6. Recommend renewal of CSP #23-160 Commingled (Single-Stream) Recycling Service District-wide to Redfish Recycling (Marck Industries of Texas) of Brownsville, Texas.  The term of this contract is effective November 14, 2023, through November 14, 2024, with the option to renew for an additional one (1) year.  Year two (2) of a three (3) year contract.

X.D.7. Recommend awarding RFQ #24-132 Architectural Services District-Wide to Gomez Mendez Saenz, Inc., of Brownsville, Texas, Rike Ogden Figueroa Allex Architects, Inc., of McAllen, Texas and Gignac & Associates, LLP, of McAllen, Texas, with an option to renew for two additional years; additionally, to authorize the Administration to negotiate and execute the contract fee for said services on a project-by-project basis.  The board will be advised on the selection of the architect prior to issuing the negotiated contract.

X.D.8. Recommend awarding RFQ #24-133 Architectural/Engineering Services for Roof Replacement District-Wide to Raba-Kistner, Inc. of McAllen, Texas, Armko Industries, Inc. of McAllen, Texas and Gomez Mendez Saenz, Inc., of Brownsville, Texas, with an option to renew for two additional years; additionally, to authorize the Administration to negotiate the fee and execute the contract for said services on a project-by-project basis.  The board will be advised on the selection of an architect/ engineer prior to issuing the negotiated contract.

X.D.9. Recommend awarding Bid #24-007 Music Supplies and Equipment District-wide to several vendors.  The term of this contract is effective November 14, 2023, through November 14, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.  Year one (1) of a three (3) year contact.

X.D.10. Recommend awarding Bid #24-009 Furniture District-wide to several vendors.  (Annual Bid)

X.D.11. Recommend awarding Bid #24-011 Helmet Reconditioning and Shoulder Pads Repair District-wide to several vendors.  (Annual Bid)

X.D.12. Recommend awarding Bid #24-012 Weight Training Room Equipment District-wide to several vendors.  (Annual Bid)

X.D.13. Recommend awarding Bid #24-013 Athletic Supplies for Boys/Girls Wrestling District-wide to several vendors.  (Annual Bid)

X.D.14. Recommend awarding Bid #24-026 Theatre Equipment, Services and Supplies District-wide to several vendors.  The term of this contract is effective November 14, 2023, through November 14, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.  Year one (1) of a three (3) year contract.          

X.D.15. Recommend awarding Bid #24-040 Charter Bus Services District-wide to several vendors.  (Annual Bid)

X.D.16. Recommend awarding Bid #24-042 Medical Supplies and Equipment District-wide to several vendors.  (Annual Bid)

X.D.17. Recommend awarding Bid #24-063  Preventive Maintenance and Repair for School Buses and Vehicle Fleet District-wide to several vendors and cast lots for items #15, #33, #35, #48, #49, #50, #55 and #56 of said bid.  (Annual Bid)

X.D.18. Recommend awarding Bid #24-087 Repair Parts for School Buses and Support Vehicles to several vendors.  (Annual Bid)

X.D.19. Recommend awarding Bid #24-090 Plumbing Services District-wide to several vendors.  The term of this contract is effective November 14, 2023, through November 14, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.  Year one (1) of a three (3) year contract.

X.D.20. Recommend awarding Bid #24-156 Fine Arts Uniforms and Supplies for Performance Groups District-wide to several vendors.  The term of this contract is effective November 14, 2023, through November 14, 2024, with the option to renew up to two (2) additional one (1) year periods if all parties are in agreement.  Year one (1) of a three (3) year contract.

X.D.21. Recommend awarding of CSP #24-008 Veterans Memorial ECHS Ticket Booth, Press Box, Scoreboard Project to NM Contracting, LLC of McAllen, Texas, in the amount not exceeding $926,800.00, to authorize the Administration to enter negotiations and to execute the contract. Local Fund 197.

XI. Board Member Request(s)

XI.A. Action Item(s)

XI.A.1. Discussion, consideration and possible action regarding insurance consultant presentation to entire employees insurance committee.  Date & place this presentation was made to the entire employees  insurance committee.  (Board Member Request Minerva Pena/Board Support Carlos Elizondo)

XI.A.2. Discussion, consideration, and possible action to investigate Board Member Eddie Garcia in reference to improperly attempting to use his position as a board member to promote a specific employee at Food Services. (Board Agenda Request Carlos Elizondo/Board Support Frank Ortiz)

XI.A.3. Discussion, consideration, and possible action to hire outside independent counsel to investigate alleged board member governance investigation. (Board Agenda Request Frank Ortiz/Board Support Carlos Elizondo)

XI.A.4. Discussion of processes, procedures, and policies regarding student discipline, student threats, and student investigations   (Board Agenda Request Denise Garza/Board Support Jessica Gonzalez)

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. 005/23-24 on J.C.

XII.A.2. Discussion, consideration, and possible action regarding Level III Grievance No. 006/23-24 on A.G.

XII.B. PERSONNEL MATTER(S):

XII.B.1. Presentation, acceptance and approval of Retirements. (2)

XII.B.2. Presentation, acceptance and approval of Resignations. (8)

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

XII.B.4. Recommend approval of personnel for the 2023-2024 school year(s) – Educational Diagnostician. Subject to receipt of all outstanding documentation.(1)

XII.B.5. Recommend approval of personnel for the 2023-2024 school year(s)- Program Specialist. Subject to receipt of all outstanding documentation.(1)

XII.B.6. Recommend approval of personnel for the 2023-2024 school year(s) – Nurse. Subject to receipt of all outstanding documentation.(1)

XII.B.7. Recommend approval to compensate professional employee (L.M.) for a stipend earned but not paid in the 2021-2022 fiscal school year. 

XII.B.8. Recommend approval to compensate professional employee (A.T.) for one (1) year experience earned but not paid in the following fiscal school years: 2019-2020, 2020-2021, 2021-2022 and 2022-2023. 

XII.B.9. Recommend approval to compensate professional employee (J.M.) for a stipend earned but not paid in the following fiscal school years: 2019-2020, 2020-2021, 2021-2022 and 2022-2023. 

XII.B.10. Recommend to approve the proposed termination of the Term Chapter 21 contract professional (J.D.A.) for good cause for the 2023-2024 Fiscal School Year.

XII.C. ATTORNEY CONSULTATION

XII.C.1. Staff Attorney

XII.C.1.a. Discussion, consideration, and possible action regarding Cause No. 2019-DCL-06158-E; Jasmin Leal vs. Brownsville Independent School District, regarding the results of Mediation

XII.C.1.b. Discussion, and possible Board action concerning Brownsville ISD v. D. Wilson Construction, Cause No 2020-DCL-04719, pending 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. Discussion and possible action regarding litigation and settlements.

XII.D. INTERNAL AUDITOR CONSULTATION

XII.D.1. Status of past, ongoing and completed Board approved audits.

XII.E. BOARD SELF EVALUATION:

XII.F. BOARD MEMBER REQUEST(S):

XII.F.1. Discussion and update regarding student disciplinary matters.  (Board Member Request Denise Garza/Board Support Jessica Gonzalez)

XII.G. INTRUDER DETECTION AUDIT(S):

XII.G.1. Discussion of the intruder detection audit report findings.

XII.H. REAL ESTATE PROPERTY:

XII.H.1. The Board of Trustees may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property. Tex Gov’t Code §551.072 

XIII. BOARD RECONVENES - Board action on agenda items discussed in Executive Session. XII. Level III Grievances XII. B Personnel Matter XII. C Attorney Consultation XII. D Internal Auditor Consultation XII. E Board Self Evaluation XII. F Board Member Request(s) Discussion and possible action regarding student matters. (Board Member Request Denise Garza/Board Support Jessica Gonzalez) XII. G Intruder Detection Audit(s) XII. H Real Estate Property

XIV. Announcement(s):

XV. Adjournment.