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November 5, 2020 at 6:00 PM - Board Work Session

Minutes
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:  Tom Jackson, 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:  Tom Jackson, Trustee
3. RECOGNITIONS
3.A. Cypress-Fairbanks ISD has been named a District of Distinction for 2020 and recognized by the Texas Art Educators Association as one of the top 43 school districts across the state for outstanding achievement and participation in Art. 
Presenter:  Lee Carrier
3.B. 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. PUBLIC HEARING
7.A. The Board will hold a public hearing to consider authorizing an amendment to the employee compensation plan to include a LEAD Safely retention stipend.[This item may be discussed in closed session pursuant to Section 551.071.]

As will be discussed at the hearing, the funding source for the stipend will be 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.  As required by Local Government Code Section 180.007, the recommended amendment to the compensation plan will be presented in a public hearing posted in accordance with the Texas Open Meetings Act and the Board will receive information regarding the public purpose served by the stipend to address employee retention and morale as a result of the enhanced duties and requirements of the LEAD Safely plan. This is a one-time stipend from current funds and will be paid in December to address retention of staff, including Additional Instructional Support positions. This stipend will be paid to employees hired by October 31, 2020 and still employed on November 30, 2020. 
Presenter:  Dr. Mark Henry, Karen Smith
7.B. The Board will hold a Public Hearing to review and solicit public comment on the Targeted Improvement Plans of Bane Elementary School and Francone Elementary School.

In the 2018-19 state accountability system, Bane Elementary earned an overall D rating and Francone Elementary earned a D in the Student Achievement domain and the Closing the Gaps domain.  Based on these ratings, the state required the campuses to work with a campus intervention team to complete and implement a Targeted Improvement Plan.  Implementation of the board approved Targeted Improvement Plans was conducted up until the COVID-19 crisis began in the spring of 2020.  At that time, the Commissioner of Education, Mike Morath, applied for a waiver from the United States Department of Education (USDE) to halt STAAR/EOC testing and state/federal accountability for the 2019-20 school year.  The waiver was granted with the condition that accountability interventions from the 2018-19 school year carry over into the 2020-21 school year.  Therefore, Bane and Francone have developed new Targeted Improvement Plans to be reviewed during a public hearing and voted on by the board.   

Texas Education Code Sec. 39A.057 requires the following:  

(a)  After a targeted improvement plan or an updated targeted improvement plan is submitted to the board of trustees of the school district, the board shall conduct a hearing to:
(1)  notify the public of:
(A)  the insufficient performance of the campus;
(B)  the improvements in performance expected by the agency; and
(C)  the intervention measures or sanctions that may be imposed under this chapter if the performance does not improve within a designated period; and

(2)  solicit public comment on the targeted improvement plan or updated targeted improvement plan.
Presenter:  Dr. Linda Macias, Dr. Ashley Clayburn, Dr. Tonya Goree
Attachments: (2)
8. REPORTS
8.A. The Board will be provided an update on the 87th Legislative Session.
Presenter:  Dr. Mark Henry, David Thompson
8.B. The Board will receive a report on the Community Leadership Committee 87th Legislative Session Priorities.
Presenter:  Dr. Mark Henry, Teresa Hull, Tommy Balez, Frances Romero
9. ACTION ITEMS - 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 approving the minutes of the October 12, 2020 Regular Board Meeting.
Presenter:  Holly Reichert
Attachments: (1)
10. ACTION ITEMS - NON-CONSENSUS
The following items may be considered at both the Committee-of-the-Whole Meeting and the Regular Board Meeting.
10.A. The Board will consider approving the District’s 2020 Comprehensive Annual Financial Report and Single Audit Report and accept the auditors’ report on the district’s general-purpose financial statements and single audit for the fiscal year ended June 30, 2020.

Attached are the Comprehensive Annual Financial Report, Single Audit Report and Communication letter for the fiscal year ended June 30, 2020.

Ms. Karen Smith will make a brief presentation on Thursday, November 5, 2020 on the Comprehensive Annual Financial Report. Ms. Deborah Kirkham Young with Weaver and Tidwell, LLP will be present also to discuss the auditors’ report and to answer any questions that the Board may have.
Presenter:  Karen Smith
Attachments: (1)
10.B. The Board will consider approving the budget amendments for the period of July 1, 2020 through September 30, 2020.

The budget amendments for the three months ended 9/30/20 represent changes in revenues and expenditures.  It is normal operating procedures for the District to amend the current year adopted budget for:
1.    Additional positions for increases in student enrollment
2.    Revenue and expenditures for federal and state grant funding programs
3.    Emergency needs of the District
4.    Curriculum and Instructional needs that were not budgeted
5.    Transfers between functions 
6.    Other needs of the District

 
Presenter:  Karen Smith
Attachments: (1)
10.C.  The Board will consider adopting legislative priorities for the 87th Legislative Session. 
Presenter:  Dr. Mark Henry, Teresa Hull, Karen Smith, Dr. Linda Macias
10.D. The Board will consider approving the Targeted Improvement Plans for Bane Elementary School and Francone Elementary School.

In the 2018-19 state accountability system, Bane Elementary earned an overall D rating and Francone Elementary earned a D in the Student Achievement domain and the Closing the Gaps domain.  Based on these ratings, the state required the campuses to work with a campus intervention team to complete and implement a Targeted Improvement Plan.  

Implementation of the board approved Targeted Improvement Plans was conducted up until the COVID-19 crisis began in the spring of 2020.  At that time, the Commissioner of Education, Mike Morath, applied for a waiver from the United States Department of Education (USDE) to halt STAAR/EOC testing and state/federal accountability for the 2019-20 school year.  The waiver was granted with the condition that accountability interventions from the 2018-19 school year would carry over into the 2020-21 school year.  
Therefore, Bane and Francone have developed new Targeted Improvement Plan and those plans are being submitted to the board for approval.
Presenter:  Dr. Linda Macias
Attachments: (2)
10.E. The Board will consider approving a waiver of the provisions in EIA (LOCAL): Academic Achievement: Grading /Progress Reports to Parents.

The administration is seeking a waiver from the final exam provisions in EIA (local) to provide flexibility for final exams and/or possibly waiving the requirement of a final examination at the end of the semester. This agenda item allows the administration to adjust or waive EIA local, without making long-term policy changes.
Presenter:  Dr. Linda Macias, Dr. Heather Bergman
10.F. The Board will consider approving the Walgreens Experiential Learning Program Agreement.

The purpose of this agreement is to allow student participants to obtain practical pharmacy experience at a Walgreens location.  This program does not require any additional district funding.
Presenter:  Dr. Heather Bergman, Denise Kubecka
10.G. The Board will consider approving course offerings for Career and Technical Education and Special Education.

The funding for these courses would come from the amounts already budgeted for CTE and SpEd curriculum resources. No additional funding is being requested. This innovative course will be an additional offering for vocational training for special education students. This course offers on-the-job training and connections with industry topics.
Presenter:  Dr. Linda Macias
10.H. The Board will consider approving on first reading additions, revisions or deletions to district policies.
Presenter:  Dr. Linda Macias, Marney Sims, Dr. Deborah Stewart
10.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)
10.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)
10.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)
10.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)
10.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)
10.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)
10.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)
10.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)
10.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)
10.I. The Board will consider approving a waiver of DNA (LOCAL) Performance Appraisal: Evaluations of Teachers for the 2020-2021 school year.

A one-year waiver of DNA (LOCAL) Performance Appraisal: Evaluations of Teachers is being requested, thus authorizing the District administration to modify and/or eliminate selected requirements and provisions of the CF-TESS for eligible and designated teachers.

CFISD local policy DNA (LOCAL) currently provides for annual appraisal of teachers and this Board waiver will authorize the administration to waive appraisals for the 2020-2021 school year for eligible and designated teachers.  The administration is currently planning to waive appraisals for teachers that (1) have been employed by CFISD for one year or greater, and (2) received at least a "skilled" or the equivalent rating in all domains on the teacher’s most recent evaluation.  Teachers will be allowed to decline the waiver and opt to be appraised.

If a teacher’s CF-TESS is waived, the teacher will still participate in a goal-setting conference, required professional development and a modified end of year conference.
Presenter:  Roy Garcia, Dr. Glenda Horner
Attachments: (1)
10.J. 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
10.K. The Board will consider approving the superintendent’s recommendation to rescind the notice to Diane Riggs regarding discharge of her employment with the District. [This item may be discussed in closed session pursuant to Section 551.074.]
Presenter:  Teresa Hull, Marney Sims
10.L. The Board will consider the approval and execution of the plat for the CFISD Hancock Elementary School.

This is a standard plat that requires approval and execution by the Board of Trustees.
Presenter:  Roy Sprague
10.M. The Board will consider awarding bids and contracts and/or authorizing purchase orders as recommended in the posted agenda item.
Presenter:  Bill Powell, Paula Ross, Dr. Kayne Smith
10.M.1. Purchase:      Aruba Maintenance
Budget:          M&O Funds
Est. Amount:  $327,806.80
To:                  Layer3 Communications

This contract recommendation will provide the maintenance and support for the Aruba Access Points that we have deployed throughout the district.  This provides support, upgrade of operating system licenses, and device replacement in case of failure based on electronic issues for all Access Points in the district.  The District invited all Aruba vendors on the DIR contract to submit proposals for the Aruba Maintenance. One (1) vendor submitted pricing for this bid.  The committee’s recommendation for the best value to the district is to award the bid to Layer3.
10.M.2. Purchase:      College Readiness & Career Interest Tests
Budget:          M&O Funds
Est. Amount:  $650,000.00
To:                  The College Board (The College Board Exam Board)

This contract recommendation is to secure college readiness and career interest testing materials. 
10.M.3. Purchase:      Parking Lot Striping
Budget:         M&O Funds  
Est. Award:   $50,000.00
To:                 Marathon Solutions Group, LLC
                      Prestige Building Group, LLC

This contract recommendation is to secure parking lot striping for all campuses.  This contract shall remain firm for one (1) year through November 30, 2021 automatically renewing contingent upon receiving an updated Electronic Conflict of Interest Questionnaire (E-CIQ) annually for two (2) additional one-year terms through November 30, 2023, unless the vendor or CFISD give sixty (60) days written notice of non-renewal.  Upon mutual agreement, proposed prices can be extended beyond the firm price offer date on a month-to-month basis for up to 6 months. 
Attachments: (1)
10.M.4. Purchase:      Restaurant/Catering and Delivery Services
Budget:          Activity Funds, GrantFunds, M&O Funds
Est. Award:    $600,000.00
To:                  Approve all vendors listed & vendors added throughout solicitation period

This contract recommendation is to secure restaurant/catering and delivery services throughout the district.  Proposals will be received on a continual basis as advertised and specified through June 30, 2021. 
10.M.5. Purchase:      School Buses
Budget:          Bond Funds
Est. Award:    $44,138,465.00
To:                  Longhorn Bus Sales, LLC

This recommendation is made to secure new school buses.  Multiple quotes were obtained through the BuyBoard (TASB) Purchasing Cooperatives.  This contract purchase will be secured through the BuyBoard (TASB) Purchasing Cooperative. 
Attachments: (1)
10.M.6. Purchase:      Spirit Apparel and Promotional Items
Budget:          Activity Funds, Grant Funds, M&O Funds
Est. Award:    $2,500,000.00
To:                  Approve all vendors listed & vendors added throughout solicitation period

This contract recommendation was developed to comply with the competitive bid process for the purchase of spirit apparel and promotional items.  Solicitations will be received on a continual basis as advertised and specified through June 30, 2021.
10.N. 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
10.N.1. Proposal: 2019 Bane and Lieder ES Renovations
Budget:    Bond Funds
Award:     $10,780,000.00
To:            ICI Construction, Inc.
10.N.2. Proposal: 2020 Cy-Fair Federal Credit Union Stadium-Athletic Lighting Replacement
Budget:    Bond Funds
Award:     $765,000.00
To:            Musco Sports Lighting, LLC
11. SUPERINTENDENT'S BRIEFING
11.A. The superintendent will provide information regarding district events and items of community interest.
Presenter:  Dr. Mark Henry
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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