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December 14, 2020 at 6:00 PM - Regular Board Meeting

Agenda
1. CALL TO ORDER
1.A. The presiding officer will call the meeting to order.
1.B. Invocation
1.C. Pledge of Allegiance to the Flag of the United States of America.
2. VISION & MISSION STATEMENT
2.A. The District's vision is formed from the acronym LEAD - to Learn, Empower, Achieve, Dream ... LEAD
Presenter:  Debbie Blackshear, Trustee
2.B. The District shall maximize every student's potential through rigorous and relevant learning experiences preparing students to be 21st century global leaders.
Presenter:  Debbie Blackshear, Trustee
3. RECOGNITIONS
3.A. The superintendent will make remarks and announcements including the honors and achievements earned by staff and students in recent weeks.
Presenter:  Dr. Mark Henry
4. PUBLIC COMMENTS
4.A. Patrons who have duly registered per policy BED (Local) may address the Board and make public comments on an agenda item during or before the board’s consideration of the item. The Board may allow public comment on agenda items at all meetings. The Board will continue with the remaining agenda after the registered patrons have had an opportunity to speak. (To participate, registration is between 5:30 and 5:50 p.m. on the day of the Board meeting at the entrance to the CFISD Boardroom.)
Presenter:  Leslie Francis
5. BOARD COMMENTS
5.A. Any Board member may make a comment during this portion of the agenda, without prior posting being required.  Comment items may not pertain to the character of any students, staff or Board member and may not be discussed or deliberated upon at this meeting. 
Presenter:  Board of Trustees
6. CITIZEN PARTICIPATION
6.A. Patrons who have duly registered per policy BED (Local) may address the Board regarding matters of concern/interest to the district, other than the character of any student, staff or Board member. The Board may not act upon any matter that is not listed under the action item portion of the agenda. (To participate, registration is between 5:30 and 5:50 p.m. on the day of the Board meeting at the entrance to the CFISD Boardroom.)
Presenter:  Leslie Francis
7. REPORTS
7.A. The administration will provide a Design Development Report on the progress of the design of the new administration building and visual and performing arts center.

A Design Development Report, as prepared by PBK Architects, will be presented to the Board for the final design of the new administration building and visual and performing arts center.
Presenter:  Matt Morgan, Dan Grosz, PBK Architects Inc.
8. ACTION ITEMS - CONSENSUS
The following items may be considered at both the Committee-of-the-Whole Meeting and the Regular Board Meeting.
8.A. The board will consider approving the minutes of the November 9, 2020 Regular Board Meeting.
Presenter:  Holly Reichert
Attachments: (1)
9. ACTION ITEMS - NON-CONSENSUS
The following items may be considered at both the Committee-of-the-Whole Meeting and the Regular Board Meeting.
9.A. The Board will consider and take action on an amendment to the employee compensation plan to include the LEAD Safely retention stipend at the Board Work Session on Thursday, December 10, 2020. [This item may be discussed in closed session pursuant to Section 551.071.]

At the November board meeting, we held a public hearing required by Local Government Code Section 180.007 when employee compensation is proposed to be increased during the school year.  The administration recommended a retention stipend be added to the employee compensation plan for the 2020-2021 school year, and this recommendation was presented in a public hearing last month posted in accordance with the Texas Open Meetings Act. The administration needed additional time to determine which employees would be eligible for the stipend, therefore the action to approve the stipend was moved to the December board meeting.  During the November hearing, the Board received information regarding the public purpose served by the stipend of employee retention and morale as a result of the enhanced duties and requirements of the LEAD Safely plan. By adopting the amended compensation plan this month, the Board will acknowledge and adopt the public purpose served by the stipend.  As was also discussed at the November hearing, the funding source for the stipend is the same funding source as the employee’s annual salary and the estimated total cost of the stipend amendment to the compensation plan will be $8.3 million.  This amendment to the compensation plan is a one-time payment to address retention and paid from current funds; it will be paid to eligible employees through a separate check on December 17.  Eligible staff will include all full-time and part-time employees as well as the “Additional Instructional Support” substitutes hired for each campus who have committed to working in those long-term positions for the entire 2020-2021 school year.  This stipend will be paid to those hired by October 31, 2020 and still employed as of the November 30, 2020.
Presenter:  Dr. Mark Henry, Karen Smith
9.B. The Board will consider authorizing the Superintendent to add additional local leave (sick) days to Board policy DEC (local) for employees for COVID quarantine and isolation for the spring 2020 semester.   

The additional local leave days will be added by the Superintendent if the federal government does not extend the FFCRA leave that is currently set to expire at the end of the 2020 calendar year. This authorization will give the Superintendent the ability to add additional sick days to employees’ leave banks for the purpose of isolation or quarantine as a result of COVID. This superintendent will also be able to limit the duration and accrual of the local leave in order to mitigate the fiscal impact beyond this budget year.  The funding for any additional local leave (either by local action or extension of the FFCRA) will be local district funds. 
Presenter:  Dr. Deborah Stewart, Chairita Franklin
9.C. The Board will consider waiving provisions in BE (LOCAL) BOARD MEETINGS for the remainder of 2020-2021 school year.

Board policy BE (LOCAL) currently provides for a Board work session each Thursday immediately preceding the regular Board meeting held on the second Monday of each month.  By waiving this provision of the policy, the Board can reduce its in-person monthly meetings to one per month for the spring semester, in an effort to reduce in-person gatherings of staff and Board members during this time period.
Presenter:  Dr. Mark Henry, Bob Covey
9.D. The Board will consider authorizing the superintendent to execute a memorandum of understanding with University of Texas at Dallas, and University of Texas Health Science Center in San Antonio for Speech Pathology Field Placement.

The purpose of Speech Pathology Field Placement with University of Texas at Dallas and University of Texas Health Science Center in San Antonio with CFISD is to provide opportunities for learning and to enable students to meet objectives of field instruction in Speech Pathology. 
Presenter:  Dr. Linda Macias
Attachments: (2)
9.E. The Board will consider approving the attached list of facilities for Off-Campus Physical Education, Category I, for the 2020-2021 school year.

This request involves 161 students in 36 different facilities.
Presenter:  Loretta Bourn
9.F. The Board will consider approving the Memorandums of Understanding and Interlocal Agreements with partner universities, colleges and alternative certification programs for student teacher placements for the 2020-2021 school year. 
Presenter:  Dr. Deborah Stewart, Chairita Franklin
9.G. The Board will consider approving on first reading additions, revisions or deletions to district policies.
Presenter:  Marney Sims
9.G.1. FB (LOCAL) Equal Educational Opportunity (Revise)

The provision on the Title IX coordinator has been updated in response to the new Title IX regulations. Corresponding wording changes were made to the ADA/Section 504 coordinator text.
Attachments: (1)
9.G.2. FNG (LOCAL) Student Rights and Responsibilities: Student and Parent Complaints/Grievances (Revise)

TASB’s recommended revision specifies that a person filing a complaint regarding refusal of entry to or ejection from property based on Education Code 37.105 shall be permitted to address the board within 90 "calendar" days. This is an exception to how other timelines are calculated in the policy, which are based on "business" days in accordance with how days are defined.
Attachments: (1)
9.H. The Board will consider approving on second reading additions, revisions or deletions to district policies.
Presenter:  Dr. Linda Macias, Marney Sims, Dr. Deborah Stewart
9.H.1. BF (LOCAL) Board Policies (Revise)
A revision to this local policy clarifies that a district's legally referenced policies are not adopted by the board.
Attachments: (1)
9.H.2. DED (LOCAL) Compensation and Benefits: Vacations and Holidays (Revise)
Recommended revisions to this local policy on paid vacation days address the board's authorization of the program, including which employees are eligible for the benefits, and refer to administrative procedures for details to promote consistent application and prevent conflict between policy and administrative procedures. 
Attachments: (1)
9.H.3. DIA (LOCAL) Employee Welfare: Freedom from Discrimination, Harassment and Retaliation (Revise)
Recommended revisions to this policy incorporate the recent United States Supreme Court decision Bostock v. Clayton County, Georgia, which held that an adverse employment action against an employee on the basis of homosexuality or transgender status violates Title VII’s prohibition on sex discrimination in employment. As a result, the policy clarifies that discrimination on the basis of sex includes discrimination on the basis of biological sex, gender identity, sexual orientation, gender stereotypes, or any other prohibited basis related to sex.  Based on the new Title IX regulations, recommended revisions include the following.
•    The definition of Prohibited Conduct has been revised to include conduct that meets the Title IX definition of sexual harassment, but the policy retains the broader definitions of prohibited conduct in districts’ current policies to ensure that all prohibited conduct is addressed.
•    Text at Sex-Based Harassment and Investigation of Reports Other than Title IX directs readers to new provisions on responding to allegations of prohibited conduct that if proved would meet the definition of sexual harassment under Title IX, as the law requires a specific response process for these allegations. Allegations of prohibited conduct not based on sex or that would not meet the definition of sexual harassment under Title IX will follow the district’s existing investigation process.
•    The Title IX regulations provide that a district has actual knowledge of sexual harassment if notice or allegations are made to any employee; therefore, a new provision at Notice of Report requires any employee who receives a report of prohibited conduct based on sex to notify the Title IX coordinator.
•    Text at Response to Sexual Harassment—Title IX addresses legally required actions when the district receives notice or allegations of conduct that would meet the definition of sexual harassment under Title IX.
•    New provisions direct the superintendent to develop a Title IX formal complaint process that will apply following a formal complaint and that must comply with the elements in the new regulations, as included in FFH(LEGAL).
•    To determine responsibility in a Title IX formal complaint of sexual harassment, the policy designates that the district will use a preponderance of the evidence standard. The district must use the same standard of evidence for investigation of all formal Title IX sexual harassment complaints, including complaints by students.
•    Provisions on retaliation and records retention have been updated.
TASB also recommends updates to the examples for harassment to include cyberharassment
and electronic communications and clarification of the provisions on distribution of the policy and any accompanying procedures.
Attachments: (1)
9.H.4. DMD (LOCAL) Professional Development: Professional Meetings and Visitations (Delete)
TASB recommends that the administrative details regarding professional meetings be removed from the local policy manual, as board-adopted policy is not required.
Attachments: (1)
9.H.5. ED (LOCAL) Organization of Instruction (Delete)
This local policy on the organization of grade levels within the district is not necessary to include in the board-adopted policy manual. It is recommended for deletion by TASB.
Attachments: (1)
9.H.6. EI (LOCAL) Academic Achievement (Revise)
Administrative Code rules permit districts, in accordance with local district policy, to award course credit proportionately to a student who successfully completes only half of a course. A new board policy provision has been recommended to address this option, which matches common practice. 

New Administrative Code rules address transition assistance for highly mobile students who are homeless or in substitute care. Because these new rules address similar concepts as the district's current text on late enrollment or withdrawal of migrant or homeless students and to avoid conflict with the new rules, TASB recommends deleting this provision from local policy. Any specific practices in this area will need to align with the new rules and could be included in administrative procedures. 
Attachments: (1)
9.H.7. FD (LOCAL) Admissions (Revise)
New Administrative Code rules, effective March 30, 2020, address transition assistance for highly mobile students who are homeless or in substitute care and require districts to adopt local policy to assist with awarding credit to a student who is homeless or in substitute care for a course that was earned prior to the student enrolling in or transferring to the district.  

For the district’s provisions that prohibit a private school student’s participation in district activities, TASB recommends a small revision and an additional cross-reference acknowledging statutory limitations to that prohibition.
 
 
Attachments: (1)
9.H.8. FDE (LOCAL) Admissions: School Safety Transfers (Revise)
Recommended changes to this local policy on school safety transfers are based on revisions to the TEA Unsafe School Choice Option (USCO) Guidance Handbook (available at https://tea.texas.gov/Fi-nance_and_Grants/Grants/Applying_for_a_Grant/Unsafe_School_Choice_Option), which amended the list of violent criminal offenses for which a student is eligible for a transfer to another school within the district. See also the August 22, 2019, To the Administrator Addressed letter on ESSA Unsafe School Choice Option LEA Requirements, available at https://tea.texas.gov/about-tea/news-and-multimedia/cor-respondence/taa-letters/essa-unsafe-school-choice-option-lea.
Attachments: (1)
9.H.9. FEB (LOCAL) Attendance: Attendance Accounting (Revise)
Recommended revisions to this local policy on attendance accounting are to address amended Administrative Code rules that delete the reference to taking attendance during the second or fifth instructional hour and specify that attendance shall be determined at the official attendance-taking time during the campus's instructional day. The recommended text assigns to the superintendent the responsibility of designating the district's official attendance-taking time. Note that there is no requirement to include the official attendance-taking time in policy; it may be designated in district procedures.  

Policy Service recommends deletion of the Note referencing the specific section of the student handbook on parental consent to leave campus, That section of the student handbook has been renamed, and the policy text at Parental Consent to Leave Campus already references procedures communicated in the employee and student handbooks.
Attachments: (1)
9.I. The Board will consider awarding bids and contracts and/or authorizing purchase orders as recommended in the posted agenda item.
Presenter:  Bill Powell, Karen Smith, Amanda Boles
9.I.1. Bid:    Automotive Fuels
Budget:  M&O Funds  
Est. Award:    $5,000,000.00
To:   AmerIGas
Atlantic Petroleum
Indigo Energy (Indigo Energy Partners, LLC)
Petroleum Traders Corporation

This award recommendation is to secure pricing for automotive fuels for district vehicles and equipment.  This contract will remain firm through December 31, 2021 renewing for four (4) additional one-year terms through December 31, 2025 upon mutual agreement.   
Attachments: (1)
9.I.2. Bid:    Automotive Lubricants
Budget:    M & O Funds
Est. Award:    $180,000.00
To:    Blender Direct
    A.J. Hurt, Jr., Inc., dba Reladyne

This award recommendation is to secure pricing for lubricants and additives for district vehicles and equipment.  This contract will remain firm through December 31, 2021 renewing for four (4) additional one-year terms through December 31, 2025 upon mutual agreement.    
Attachments: (1)
9.I.3. Bid:    Glass Repair Service (Building)
Budget:    M & O Funds
Est. Award:    $75,000.00
To:    Hou-Tex Glass & Mirror (Hou-Tex Newnom, Inc.) 

This award recommendation is to secure pricing for glass replacement and service for district campuses and facilities.  This contract will remain firm through December 31, 2021 renewing for two (2) additional one-year terms through December 31, 2023 upon mutual agreement.   
9.I.4. Bid:    Lidding Film for Nutrition Services
Budget:    Nutrition Services
Est. Award:    $80,895.00
To:    Preferred Packaging (Sycamore Sales)

The award recommendation is to secure pricing from multiple vendors for lidding film for Nutrition Services.  This contract will remain firm through December 31, 2021. 
 
9.I.5. Bid:    Metal Fabrication and Repair Service
Budget:    M & O Funds
Est. Award:    $100,000.00
To:    Northstar Industries (Main Marine)
    Sani-Weld, Inc.   

This award recommendation is to secure pricing for metal fabrication and repair service primarily in the Nutrition Service Department. This contract will remain firm through December 31, 2021 renewing for two (2) additional years through December 31, 2023 upon mutual agreement.
9.I.6. Bid:    Physical Education Dress Wear
Budget:    M & O Funds
Est. Award:    $225,000.00
To:    ArtexNeu, LLC 

This award recommendation is to secure pricing for physical education dress wear. This contract will remain firm through December 31, 2021 renewing for two (2) additional one-year terms through December 31, 2023 upon mutual agreement.   
9.I.7. Bid:    Security Courier Services
Budget:    Activity Funds, M & O Funds, Nutrition Services Funds
Est. Award:    $160,000.00
To:    Garda CL Atlantic, Inc.

This award recommendation is for secure courier services to retrieve deposits collected at campuses and other district locations to be transported to the District’s depository and the delivery of change funds to district locations as needed. This contract will remain firm through December 31, 2021 renewing for two (2) additional years through December 31, 2023 upon mutual agreement.  
Attachments: (1)
9.I.8. Bid:    Shelf Stable Milk and Meals for Nutrition Services
Budget:    Nutrition Services Funds
Est. Award:    $824,136.80
To:    Apple & Eve, LLC (Apple & Eve)
    Back To Basics Foods, LLC (JNS Foods, LLC)
    ES Foods
    National Food Group, Inc.
    Notables (MinMor Industries, Inc.)

This award recommendation is to secure pricing from multiple vendors for shelf stable milk and meals primarily for curbside meal service for students.  This contract will remain firm through December 14, 2021 renewing for two (2) additional years through December 31, 2023 upon mutual agreement. 
9.I.9. Bid:    Window Coverings
Budget:    M & O Funds
Est. Award:    $50,000.00
To:    Katy Blinds Commercial (KCAC, Inc.)

This award recommendation is to secure window covering materials and services for district campuses and facilities.  This contract will remain firm through December 31, 2021 renewing for two (2) additional years in one (1) year increments through December 31, 2023 upon mutual agreement. 
Attachments: (1)
9.J. The Board will consider approving construction proposals and contracts paid from Bond Funds to the recommended contractors and authorize the Superintendent or designee to execute all necessary documents related to such contracts as follows.

These construction contracts will be funded from Bond Funds. 
Presenter:  Matt Morgan
9.J.1. Proposal:                  2019 Francone & Owens ES Renovations
Budget:                    Bond Funds
Award:                     $14,619,000.00
To:                           ICI Construction, Inc.
9.J.2. Proposal:                  2020 Cy-Fair FCU Stadium Renovation 
Budget:                    Bond Funds
Award:                     $423,251.42
To:                           Millennium Project Solutions, Inc.
9.J.3. Proposal:                  2020 Cypress Ridge Detention Pond Improvements
Budget:                    Bond Funds
Award:                     $583,221.67
To:                           Millennium Project Solutions, Inc.
9.J.4. Proposal:                  2020 Eldridge Ag Center Fans
Budget:                    Bond Funds
Award:                     $305,885.73
To:                           Jamail & Smith Construction, LP
 
9.K. The Board will consider the approval and execution of the plat for the Matzke Road realignment.

This is a standard plat that requires approval and execution by the Board of Trustees.
 
Presenter:  Roy Sprague
Attachments: (1)
9.L. The board will consider granting a Temporary Construction Easement to Harris County for the construction of concrete sidewalks along adjacent roadways at Copeland ES, Holmsley ES and Langham Creek High School.

Harris County will be constructing concrete sidewalks at their sole cost at Copeland ES along Forest Heights from the far west driveway to the intersection at Barker Cypress; along Liner Lane from Hudson Oaks going west in front of Holmlsey ES and Barker Cypress Transportation Center continuing west to the Apartment Complex entry: and along Hudson Oaks from the athletic driveway south to the southern student parking entry drive at Langham Creek High School.  It is anticipated the construction work will occur over the Christmas Holiday break and therefore not impacting any school operations.
Presenter:  Roy Sprague
9.M. ADDENDUM – This was added to the Non-Consensus Action Items on Friday, December 11, 2020.
The Board will consider approving a resolution requesting Texas Governor Greg Abbott to include public school district personnel in the official Expert Vaccine Allotment Panel’s  definition of frontline workers.
 
Presenter:  Dr. Mark Henry
10. DISCUSSION
10.A. The Board will discuss the superintendent’s evaluation. [This item may be discussed in closed session pursuant to Section 551.074.]
Presenter:  Board of Trustees, Dr. Mark Henry
11. SUPERINTENDENT'S BRIEFING
11.A. The superintendent will provide information regarding district events and items of community interest.
Presenter:  Dr. Mark Henry
Attachments: (1)
12. CLOSED SESSION
If, during the course of the meeting covered by this notice, the Board should determine that a closed session of the Board should be held or is required in relation to any item included in this notice, then such closed session as authorized by Section 551.001 of the Texas Government Code (the Open Meetings Act) will be held by the Board at that date, hour and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board may conveniently meet in such closed session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.084, of the Open Meetings Act.
 
12.A. There will be a Closed Session in accordance with Government Code Section 551.001 et. seq.
Section 551.071 For the purpose of a private consultation with the Board's attorney on any or all subjects or matters authorized by law. For the purpose of consultation with the district’s attorney concerning matters on which the attorney’s duty to the district under the Texas Disciplinary Rules of Professional Conduct clearly conflicts with the Texas Open Meetings laws.
Section 551.072 For the purpose of discussing the purchase, exchange, lease or value of real property.
Section 551.073 For the purpose of considering a negotiated contract for a prospective gift or donation.
Section 551.074 For the purpose of considering the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee.
Section 551.076 To consider the deployment, or specific occasions for implementation, of security personnel or devices.
Section 551.0821 For the purpose of deliberating a matter regarding a public-school student if personally identifiable information about the student will necessarily be revealed.
Section 551.082 For the purpose of considering discipline of a public-school child or children or to hear a complaint by an employee against another employee if the complaint or charge directly results in a need for a hearing.
Section 551.083 For the purpose of considering the standards, guidelines, terms or conditions the Board will follow, or instruct its representatives to follow, in consultation with representatives of employee groups in connection with consultation agreements provided for by section 13.901 of the Texas Education Code.
Section 551.084 For the purpose of excluding witness or witnesses from a hearing during examination of another witness.
13. ADJOURNMENT
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