agenda - Tyler ISD

Transcription

agenda - Tyler ISD
AGENDA
for the
Regular Meeting
of the
Board of Trustees
JIM PLYLER INSTRUCTIONAL COMPLEX
807 W. GLENWOOD
DR. JACK L. DAVIDSON CONFERENCE CENTER
June 23, 2016
REGULAR BOARD MEETING
Executive Session 5:30 P.M.
Regular Session 7:00 P.M.
NOTICE OF REGULAR MEETING OF THE
TYLER INDEPENDENT SCHOOL DISTRICT
BOARD OF TRUSTEES
Notice is hereby given that on Thursday, June 23, 2016, the Board of Trustees of the Tyler Independent
School District will hold a regular meeting at (Executive Session at 5:30 p.m. and Regular Session at 7:00 p.m.)
at the Jim Plyler Instructional Complex, 807 W. Glenwood, Tyler, Texas. The subjects to be discussed are listed
on the agenda which is attached to and made a part of this Notice.
Individuals with disabilities are entitled to have access to and participate in public meetings. An
individual requiring an accommodation for access to the meeting must notify the Tyler Independent School
District by informing the district’s ADA coordinator in writing 24 hours prior to the scheduled meeting of the
necessity of an accommodation. Upon receipt of this request, the district will furnish appropriate auxiliary aides
and services when necessary to afford an individual with a disability an equal opportunity to participate in and
enjoy the benefits of the board meeting as nonhandicapped individuals enjoy.
If, during the course of the meeting covered by this Notice, the Board of Trustees should determine that
a closed or executive meeting or session of the Board of Trustees is required, then such closed or executive
meeting or session as authorized by the Texas Open Meetings Act, Texas Government Code Section 551.001 et
seq., will be held by the School Board at the date, hour, and place given in this Notice or as soon after the
commencement of the meeting covered by this Notice as the School Board may conveniently meet in such
closed or executive meeting or session concerning any and all purposes permitted by the Act.
Texas Government Code Section:
551.071
551.072
551.073
551.074
551.076
551.082
551.083
551.084
Private consultation with the board's attorney.
Discussing purchase, exchange, lease, or value of real property.
Discussing negotiated contracts for prospective gifts or donations.
Discussing personnel or to hear complaints against personnel.
Considering the deployment, specific occasions for, or implementation of,
security personnel or devices.
Considering discipline of a public school child, or complaint or charge
against personnel.
Considering the standards, guidelines, terms, or conditions the board will
follow, or will instruct its representatives to follow, in consultation with
representatives of employee groups.
Excluding witnesses from a hearing.
Should any final action, final decision, or final vote be required in the opinion of the School Board with
regard to any matter considered in such closed or executive meeting, then the final action, final decision, or final
vote shall be either:
(a)
(b)
in the open meeting covered by the Notice upon the reconvening of the public
meeting; or
at a subsequent public meeting of the School Board upon notice thereof;
as the School Board shall determine.
TYLER INDEPENDENT SCHOOL DISTRICT
BOARD OF TRUSTEES
June 23, 2016
REGULAR BOARD MEETING
Executive Session 5:30 P.M.
Regular Session
7:00 P.M.
JIM PLYLER INSTRUCTIONAL COMPLEX
807 W. GLENWOOD
DR. JACK L. DAVIDSON CONFERENCE CENTER
AGENDA
I. Call to Order
II. First Order of Business - Announcement by the Chairman as to the presence of a
quorum, that the meeting has been duly called and that notice of the meeting has been
posted in the time and manner required.
III. Executive Session will be held for the purposes authorized by the Texas Open Meetings
Act, Texas Government Code Section 551.071 et seq. concerning any and all purposes
permitted by the Act.
A. Texas Government Code Section 551.071
For the purpose of a private consultation with the board's attorney on all subjects or
matter authorized by law.
I. When the governmental body seeks the advice of its attorney about pending or
contemplated litigation or a settlement offer or
II. On a matter in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this chapter.
III. Consider legal advice regarding personnel and related action items.
a. Level III Grievance Hearing for T. Ford
IV. Consider legal advice regarding United States of America vs. TISD Civil Action
Cause No. 5176 - Desegregation
B. Texas Government Code Section 551.072
I. Discussing purchase, exchange, lease, or value of real property
C. Texas Government Code Section 551.074
For the purpose of considering the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee.
I. Consider hiring and accepting resignations/retirements of professional personnel.
a. Principal of Austin Elementary School
b. Principal of Robert E. Lee High School
c. Principal of Three Lakes Middle School
d. Principal of Elementary Campus
II. Consider renewals, non-renewals and terminations of contracts for professional
personnel. (To deliberate the appointment, employment, evaluation, reassignment,
duties, and contracts of employees.)
D. Texas Government Code Section 551.076
I. Considering the deployment, specific occasions for, or implementation of, security
personnel or devices.
IV. Reconvene from Executive Session
V. 7:00 p.m. Prayer and Pledge of Allegiance - Dr. Nation
VI. Consider action on items discussed in Executive Session
A. Consider board approval of hiring, accepting resignations/retirements of professional
personnel.
I. Principal of Austin Elementary School
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II. Principal of Robert E. Lee High School
III. Principal of Three Lakes Middle School
IV. Principal of Elementary Campus
B. Consider renewals, non-renewals and terminations of contracts for professional
personnel.
C. Consider action regarding Level III Employee Grievance of T. Ford
VII. Approval of Minutes
A. Approve Minutes of Board Workshop - May 9, 2016
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B. Approve Minutes of Special Meeting - May 17, 2016
10
C. Approve Minutes of Regular Meeting - May 19, 2016
13
VIII. 30 Minutes Public Participation
IX. Business/Legal/Finance/Consent Agenda
A. Consider approval of 2015-2016 Amended Budget
24
B. Consider approval of Gifts and Donations
28
C. Consider approval of TASB Update 104 Local Policies EEH, FB, FD, FEB, and FFC
29
D. Consider approval of Local Policy DNA and DNB
38
E. Consider approval of Worker's Compensation Renewal
41
F. Consider approval of Board Resolution and Interlocal Agreement with TASB Energy
Cooperative
44
G. Consider approval of future options for (Old) Griffin Elementary School
54
H. Consider approval of Purchase of Stream Credits for Mitigation of the Flood Plains
and Wetlands located on the Robert E. Lee High School Property
55
I. Consider approval of Delegate/Alternate for TASA/TASB Convention
56
J. Consider approval of Memorandum of Understanding between the Tyler Independent
School District Foundation and the Tyler Independent School District
57
K. Consider approval of Purchase of Transportation Vehicles
60
L. Consider approval of Replacement of Data Backup System
65
X. Curriculum/Instruction/Consent Agenda
A. Consider approval of Measuring Up Insight Item Bank
68
B. Consider approval of Student Athletic Insurance Renewal for 2016-2017
70
C. Consider approval of Service Agreement between Janice McDaniel for Therapeutic
Horseback Riding, Equine Assisted Growth and Learning Association (EAGALA)
sessions, Equine Assisted Activities, and Horses and Tack
73
D. Consider approval to Purchase High Jump Landing Systems, Pole Vault Landing
Systems, and Hurdles at Dogan, Hogg and Hubbard Middle Schools
75
E. Consider approval of Renaissance Learning Agreement
78
F. Consider approval of Contract with International Center for Leadership in Education A Division of Houghton Mifflin Harcourt
80
G. Consider approval of Equipment and Supplies for the Visual and Performing Arts
Program
82
XI. Superintendent's/Staff Reports
A. Quarterly Investment Report
87
B. Quarterly Financial Executive Summary
91
XII. Discussion
A. Local Policy GKD (First Reading)
XIII. Future Business
A. July 21, 2016 - Wayne D. Boshears Center for Exceptional Programs Graduation
B. July 28, 2016 - Regular Meeting
XIV. Adjournment
103
Subject:
Personnel Actions
BACKGROUND INFORMATION
Personnel actions are as indicated.
ADMINISTRATIVE CONSIDERATIONS
Personnel appointments recommended for confirmation have met the
employment prerequisites of the Tyler Independent School District. The
candidates either hold valid certificates or such alternatives as specified
by the Board. Proposed contract renewals for one year term contracts
and one year non-certified contracts for administrators are also
considered.
Recommendations for new appointments are based on interviews,
references, adequacy of preparation, performance records and the
Superintendent’s approval.
The appointments, resignations, retirements, and non-renewals are
subject to the approval of the Board of Trustees.
ADMINISTRATIVE RECOMMENDATION
The confirmation of personnel actions as indicated.
ACTION REQUIRED
Board Approval
CONTACT PERSON
Sharon Roy
06-23-16
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I.
The Administration recommends for Board approval to accept the resignation
of the following Administrator:
Name
Walter Perez
Position
Effective Date
Principal – Austin Elementary
06-23-16
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June 24, 2016
MINUTES OF BOARD WORKSHOP MEETING
The Board of Trustees of the Tyler Independent School District held a board
workshop meeting on Monday, May 9, 2016, at the Jim Plyler Instructional
Complex. The president called the meeting to order at 6:00 p.m., announced the
presence of a quorum and the meeting had been posted in the time and manner
required.
Members present were Andy Bergfeld, president; Dr. Patricia Nation, vice
president; Rev. Fritz Hager, Aaron Martinez, Rev. Orenthia Mason, Wade
Washmon and Jean Washington.
Administrators present were Dr. Marty Crawford, superintendent; Tosha Bjork, Dr.
Christy Hanson, Shauna Hittle, Dr. Jamey Johnson, Tim Loper, Johnita Martin,
John Orbaugh, Dawn Parnell, Sharon Roy, Rawly Sanchez, and Ken Vaughn,
John C. and John M. Hardy, school attorneys, were present.
Trustees adjourned to executive session at 6:01 p.m.
Trustees reconvened in open session at 7:05 p.m.
Mr. Marcos G. Ronquillo of Friedman & Feiger presented the Legal Principles
regarding Unitary Status. Mr. Ronquillo stated that TISD has operated under the
Desegregation Orders for 45 years. The Court entered the original Desegregation
Order on July 27, 1970 and has entered 15 Modified Orders. Since 1972, TISD has
no history of judicial enforcement or Department of Justice enforcement actions of
the Desegregation Order. Unitary status is achieved when a school district is
devoid of racial discrimination with regard to faculty, staff, student assignment,
facilities, transportation, and extracurricular activities. TISD must prove that it has
complied in good faith with its desegregation orders for a reasonable period of time
and eliminated the vestiges of prior discrimination to the extent practicable. He
reviewed each of the six green factors: faculty, staff, student assignments, facilities,
transportation, and extracurricular activities. He discussed the history, compliance
and progress achieved in each area. Based on good faith compliance with its
desegregation orders for a reasonable period of time and the vestiges of prior
discrimination having been extinguished to the extent practicable, he stated that
TISD has satisfied its burden and is eligible for unitary status. Mr. Ronquillo
discussed the timeline regarding motion for unitary status.
Mr. Bergfeld opened the meeting for public comment. There was no one that
requested to speak. He stated that this is the first public presentation and that the
board will also present this information at another meeting on May 17, 2016. At
that time, the public will have another opportunity to provide input.
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Board Workshop Meeting
May 9, 2016
Page 2 of 2
Dr. Crawford stated that a video and recording of tonight’s meeting will be posted
on the home page of the district’s website for the community to access.
Mr. Bergfeld asked that any questions by the public be directed to one of the board
members or the superintendent’s office.
The meeting adjourned at 7:20 p.m. following a motion by Mr. Washmon, seconded
by Rev. Hager and a vote of 7-0.
APPROVED:
/s/ Gina Orr
Gina Orr, Secretary
/s/ J.A. Bergfeld
J.A. Bergfeld, Board President
9
MINUTES OF SPECIAL MEETING
The Board of Trustees of the Tyler Independent School District held a special
meeting on Tuesday, May 17, 2016, at the Jim Plyler Instructional Complex. The
president called the meeting to order at 6:00 p.m., announced the presence of a
quorum, and the meeting had been posted in the time and manner required.
Members present were Andy Bergfeld, president; Dr. Patricia Nation, vice
president; Rev. Fritz Hager, Aaron Martinez, Rev. Orenthia Mason, Jean
Washington, and Wade Washmon.
Administrators present were Dr. Marty Crawford, superintendent; Tosha Bjork, Dr.
Leslie George, Dr. Christy Hanson, Dr. Jamey Johnson, Ron Jones, Tim Loper,
John Orbaugh, Dawn Parnell, Sharon Roy, Rawly Sanchez and Ken Vaughn.
John C. and John M. Hardy, school attorneys, were in attendance.
Under the authority granted to the District under the Texas Election Code, Mr.
Bergfeld stated the board will canvass the returns and declare the results of the
May 7, 2016 General Trustee Election.
Dr. Crawford presented the board with the election returns provided by the Smith
County Election Administrator. The administration recommended the board
approve the canvass of the votes from the May 7, 2016, trustee election as
presented and issue Certificates of Election to Wade Washmon as trustee for
Single Member District 1, Jean Washington as trustee for Single Member District
3, and Rev. Fritz Hager as trustee for Single Member District 6 for a term of three
years. A precinct by precinct report is attached as Exhibit “A.”
Rev. Mason made a motion that the Board, as the canvassing authority for the
General Trustee Election approve the canvass of the results of the May 7, 2016
General Trustee Election. The motion was seconded by Dr. Nation and passed by
a vote of 7-0.
Gina Orr, a Notary Public, administered the Oath of Office to the newly elected
trustees, Wade Washmon, Jean Washington and Rev. Fritz Hager.
Board Policy BDAA (Local) requires the Board to reorganize at the first meeting
after each election and qualification of trustees.
Mr. Washmon made a motion to approve Andy Bergfeld as president. The motion
was seconded by Rev. Hager and passed by a vote of 7-0.
Mr. Martinez made a motion to approve Dr. Patricia Nation as vice president. The
motion was seconded by Mrs. Washington and passed by a vote of 7-0.
Rev. Mason made a motion to approve Gina Orr as board secretary. The motion
was seconded by Dr. Nation and passed by a vote of 7-0.
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Special Meeting
May 17, 2016
Page 2 of 3
Mr. Marcos G. Ronquillo presented the Legal Principles regarding Unitary Status.
Mr. Ronquillo stated that TISD has operated under the Desegregation Orders for
45 years. The Court entered the original Desegregation Order on July 27, 1970
and has entered 15 Modified Orders. Since 1972, TISD has no history of judicial
enforcement or Department of Justice enforcement actions of the Desegregation
Order. Unitary Status is achieved when a school district is devoid of racial
discrimination with regard to faculty, staff, student assignment, facilities,
transportation, and extracurricular activities. TISD must prove that it has complied
in good faith with its desegregation orders for a reasonable period of time and
eliminated the vestiges of prior discrimination to the extent practicable. He
reviewed each of the six green factors: faculty, staff, student assignments,
facilities, transportation, and extracurricular activities. He discussed the history,
compliance and progress achieved in each area. Based on good faith compliance
with its desegregation orders for a reasonable period of time and the vestiges of
prior discrimination having been extinguished to the extent practicable, he stated
that TISD has satisfied its burden and is eligible for unitary status.
Mr. Bergfeld opened the meeting for public comment. Six people signed up to
speak. Cedrick Granberry, President of the Tyler-Smith County Branch of the
NAACP#6232, Kristen Baldwin with Tyler Proud, Bob Brewer and Michelle Carr
addressed the board. Laura Griffith and Natalie Brooker declined to speak when
their names were called.
Mr. Bergfeld stated the board will consider a motion for Unitary Status at the regular
board meeting on May 19, 2016.
The meeting adjourned at 6:45 p.m. following a motion by Mr. Washmon, a second
by Mrs. Washington and a vote of 7-0.
APPROVED:
/s/ Gina Orr
Gina Orr, Secretary
/s/ J.A. Bergfeld
J.A. Bergfeld, Board President
11
Special Meeting
May 17, 2016
Page 3 of 3
EXHIBIT “A”
Tyler Independent School District
General Trustee Election Vote Tabulation
Saturday, May 7, 2016
Single Member District 6:
Early Ballots Only
Election Day Ballots Only
Mail Ballots
Under Votes
TOTALS
Fritz Hager,
Jr.
418
395
68
Marc Loredo
881
211
1092
Fritz Hager,
Jr.
191
175
0
38
0
175
269
19
14
Marc Loredo
Total
53
34
0
11
0
43
57
9
4
244
209
0
49
0
218
326
28
18
881
211
1092
107
83
21
Under
Votes
39
29
Total
525
478
89
1
Precinct by Precinct
Precinct 21
Precinct 25
Precinct 37 (Part)
Precinct 40 (Part)
Precinct 41 (Part)
Precinct 58
Precinct 59
Precinct 71
Precinct 79
TOTALS
Single Member District 1:
R. Wade Washmon
Elected as unopposed candidate
0 votes cast*
Single Member District 3:
Jean Washington
Elected as unopposed candidate
0 votes cast*
*On March 17, 2016, the Board of Trustees approved the Certification of
Unopposed Candidates for Single Member District 1 & 3 and approved an order
declaring cancellation of Trustee Election and Election of Unopposed Candidate.
12
MINUTES OF REGULAR MEETING
The Board of Trustees of the Tyler Independent School District met in regular
session on Thursday, May 19, 2016, at the Jim Plyler Instructional Complex. The
president called the meeting to order at 6:04 p.m., announced the presence of a
quorum and the meeting had been posted in the time and manner required.
Members present were Andy Bergfeld, president; Dr. Patricia Nation, vice
president; Aaron Martinez, Rev. Fritz Hager, Rev. Orenthia Mason, Jean
Washington, and Wade Washmon.
Administrators present were Dr. Marty Crawford, superintendent; Tosha Bjork,
Laura Cano, Jan Coker, Dr. Leslie George, Dr. Christy Hanson, Shauna Hittle, Dr.
Jamey Johnson, Tim Loper, Johnita Martin, John Orbaugh, Dawn Parnell, Sharon
Roy, Rawly Sanchez, and Ken Vaughn.
John C. and John M. Hardy, school attorney, were present.
Trustees adjourned to executive session at 6:05 p.m. Mr. Bergfeld stated there
would be action to follow.
Trustees reconvened in open session at 7:00 p.m.
Mr. Washmon offered prayer and led the Pledge of Allegiance.
Regarding items discussed in executive session, Mrs. Washington made a motion
to approve Bethany Moody as Principal for Birdwell Elementary School as
presented in personnel item I. The motion was seconded by Rev. Hager and
passed by a vote of 7-0.
Rev. Mason made a motion to accept the resignation of Forrest Kaiser as Principal
for Three Lakes Middle School as presented in personnel Item II. The motion was
seconded by Dr. Nation and passed by a vote of 7-0.
Rev. Mason made a motion to approve the minutes of the board workshop on April
12, 2016 and the regular meeting on April 21, 2016. The motion was seconded by
Mrs. Washington and passed by a vote of 7-0.
The Board recognized the efforts of the two District students of the month for May.
Grace Richardson, a fourth grade student at Owens Elementary School, is the
Elementary Student of the Month and the Secondary Student of the Month is
Elayna Taylor, a seventh grade student at Dogan Middle School. Congratulations
to these students for their hard work and dedication.
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Regular Meeting
May 19, 2016
Page 2 of 6
The board congratulated Kinley Robinson, a student at Robert E. Lee High School,
as this year’s Best of Show Award winner of the first annual District-wide Rising
Star Student Film Festival sponsored by Suddenlink. The festival is an opportunity
to showcase and celebrate the creative talents and accomplishments of students
in Tyler ISD through the medium of moving image.
The board congratulated the following students from John Tyler High School as
the Skills USA Crime Scene Investigation Team and are State Champs and
National Qualifiers: Kadarium Ross, Breshe Staten, and Amy Munoz.
The board recognized David Woods at the TISD Career and Technology Center
as the Teacher of the Month for May.
Heroes for Education is the theme for this school year. Each month we will
recognize a teacher, staff member, organization or community group for
embodying Tyler ISD’s mission and objectives; going above and beyond; and
acting as an ambassador for Tyler ISD on and off campus.
The board recognized the 2016 District Teachers of the Year as the Heroes for
Education, District Elementary Teacher of the Year is Dee Ann Tate from Rice
Elementary School and the District Secondary Teacher of the Year is Mrs. Rhona
Meads from Three Lakes Middle School.
Mr. Bergfeld stated that six individuals requested to speak to the board during
public participation. Carolyn Davis, Ethel Hawkins, Edward Moore, Kristen
Baldwin, Donald Sanders and Michelle Carr addressed the board.
Mr. Bergfeld opened the discussion regarding the consideration to authorize the
attorneys to seek a Motion for Unitary Status in Civil Action Cause No. 5176 –
Desegregation. Rev. Mason and Rev. Hager each read statements that they had
prepared which are attached as Exhibit “A”.
Mr. Washmon made a motion to authorize the attorneys to file a Motion for Unitary
Status in United States of America vs. Tyler Independent School District, Civil
Action Cause No. 5176 – Desegregation. The motion was seconded by Mr.
Martinez and passed by a vote of 7-0.
Regarding the Business/Legal/Finance/Consent agenda, the board pulled the
following the consideration of gifts and donation for individual consideration.
Rev. Mason made a motion, seconded by Mr. Washmon to approve the following
items:
 Approval of 2015-2016 Amended Budget;
 Approval of TISD Board Audit Committee Charter Update;
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Regular Meeting
May 19, 2016
Page 3 of 6


Approval of Addendum for Specialty Pharmacy Services with Script Care;
Approval of Various District Roofing Proposals for Hubbard MS, Hogg MS
and John Tyler HS as presented.
The motion passed by a vote of 7-0.
Dr. Crawford stated the district has received donations from the Moore PTA in the
amount of $18,084.76, a donation in the amount of $19,530.00 from the REL
Booster Club to various organizations at Robert E. Lee High School and a donation
in the amount of $15,000.00 from REL Football Club for the Robert E. Lee Football
Program. Dr. Nation made a motion to approve the donations. The motion was
seconded by Mrs. Washington and passed by a vote of 7-0.
Regarding the Curriculum/Instruction/Consent Agenda Items, Rev. Hager made a
motion seconded by Rev. Mason to approve the following items:
 Approval of Service Agreement with Camp Tyler Foundation;
 Approval of Campus Wireless Network Upgrades at Griffin, Jack, Orr and
Andy Woods Elementary Schools in the amount of $153,073.44 from
Presidio;
 Approval of Cabling for Campus Wireless Network Update for Griffin, Jack,
Orr and Andy Woods Elementary Schools in the amount of $26,750.00 with
J&L Technology Group;
 Approval of Campus Ethernet Switch Upgrade for Griffin, Jack, Orr and
Andy Woods Elementary Schools in the amount of $19,882.80 from
Presidio;
 Approval of Memorandum of Understanding for the Texas Success Initiative
(TSI) Course with Tyler Junior College as presented;
 Approval of Head Start Program Self-Assessment 2015-2016;
 Approval of Head Start Funding Application for the 2016-2017 School Year;
 Approval of Head Start Improvement Plan for Health and Safety Monitoring
Review;
 Approval of Disposal and Sale of Head Start Vehicles.
The motion passed by a vote of 7-0.
House Bill 1842 is comprehensive legislation related to districts, charter schools
and campuses that require a campus ranking Improvement Required for two years
or more to submit a Turnaround Plan to the Texas Education Agency. Eight TISD
campuses were identified in one or more areas as improvement required under
the state accountability system. Shauna Hittle and Johnita Martin presented the
turnaround plans for school improvement for Austin, Dogan, Douglas, Griffin,
Jones, Orr, Peete and Ramey. They reviewed the critical success factors, the
development of the plan, stakeholder’s input, the focus for each campus, and the
goals and intervention strategies that have been established to assist the teachers
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Regular Meeting
May 19, 2016
Page 4 of 6
and ensure the students make academic progress going forward. They then
answered questions from the board.
The meeting was opened up for a public hearing and public comments on the
Campus Turnaround Plans for Austin, Dogan, Douglas, Griffin, Jones, Orr, Peete
and Ramey. There were no comments from the public.
Dr. Nation made a motion to approve the Campus Turnaround Plans for Austin,
Dogan, Douglas, Griffin, Jones, Orr, Peete and Ramey. Mr. Washmon seconded
the motion and passed by a vote of 7-0.
Rev. Mason made a motion to approve the contract with Solution Tree in the
amount of $31,920.00 for the three-day hybrid professional development training
at Dogan Middle School and the one-year contract with Kagan in the amount of
$64,880.00 for professional development at Griffin Elementary and Dogan Middle
School. The motion was seconded by Mr. Washmon and passed by a vote of 70.
Regarding Superintendent’s/Staff reports, Jan Coker, director of internal audit
services provided an Internal Audit Annual Report.
Dr. Crawford stated that Andy Woods Elementary applied for a grant to assist in
funding the Leader in Me Program. Andy Woods Elementary has received
notification that Franklin Covey has granted the funding for three years of training,
materials and services in the amount of $20,227.68.
Mrs. Sarina Hager, Co-Chair, presented the School Health Advisory Council
(SHAC) Annual Report to the board. She shared the highlights for 2015-2016 and
discussed the planning for the 2016-2017 school year.
Dr. Crawford stated that TASB Update 104, Local Policies EEH, FB, FD, FEB,
FFC, and FFH are being presented for first reading this month These policies will
be brought back to the board at the next meeting for approval. He asked board
members to review the changes and to contact the administration with any
questions or concerns.
Regarding Local Policy DNA and DNB, Dr. Crawford stated these two policies are
changes to reflect the new Texas - Teacher Evaluation and Support System (TTESS) and the Texas – Principal Evaluation and Support System (T-PESS). He
asked board members to contact administration with any questions they might
have regarding the new evaluation system. These policies will be brought back
for consideration at the next meeting.
16
Regular Meeting
May 19, 2016
Page 5 of 6
Regarding future business, Dr. Crawford reminded the board about the
graduations for both high schools and the upcoming board meetings.
The meeting adjourned at 8:51 p.m. following a motion by Mr. Martinez, seconded
by Rev. Mason and a vote of 7-0.
APPROVED:
/s/ Gina Orr
Gina Orr, Secretary
/s/ J.A. Bergfeld
J.A. Bergfeld, Board President
17
Regular Meeting
May 19, 2016
Page 6 of 6
EXHIBIT “A”
(Statements to follow on the next pages.)
18
19
20
21
22
23
24
25
26
27
Subject:
Gifts and Donations
BACKGROUND INFORMATION
Board policy (CDC Local) requires that all donations to the District must
be reviewed by the Superintendent prior to formal acceptance. The
Superintendent must approve all donations under $5,000. The Board
must approve all donations of $5,000 or more.
ADMINISTRATIVE CONSIDERATION
The following donation with a value of $5,000 or more has been
received:
Amount
Source
Recipient
$14,000.00
TISD Foundation
Fine Arts Department
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board accept the donation.
ACTION REQUIRED
Board Approval
CONTACT PERSON
Marty Crawford, Ed.D.
06-23-16
28
Subject:
TASB Localized Policy Update 104
BACKGROUND INFORMATION
TASB Policy and Legal Services regularly monitor federal and state
authorities to identify changes in the legal framework for local school
district governance and management. Generally, these changes are
accumulated into a numbered update, usually encompassing many
policy codes.
Local policy replacements, additions, and deletions are listed below.
Recommendations in update 104 include:

Policy FB (Local) and FFC (Local) identify certain staff
members as required by law. The homeless liaison, 504
coordinator, and Title IX coordinator are now identified in
exhibit rather than policy.

Instruction for certain medical conditions
ADMINISTRATIVE CONSIDERATION
Localized Policy has been reviewed by the district administration to
make corrections as needed that reflect the practices of the district
and the intentions of the board.
EEH(LOCAL): INSTRUCTIONAL ARRANGEMENTS –
HOMEBOUND INSTRUCTION
Replace policy
FB(LOCAL): EQUAL EDUCATIONAL OPPORTUNITY
Replace policy
FD(LOCAL): ADMISSIONS
Replace policy
FEB(LOCAL): ATTENDANCE/ATTENDANCE ACCOUNTING
Replace policy
FFC(LOCAL): STUDENT WELFARE/STUDENT SUPPORT
SERVICES
Delete policy
29
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the board approve the policies
as presented above as it prepares to incorporate the Local policies
into the district’s Localized Policy Manual.
ACTON REQUIRED
Board Approval
CONTACT PERSON
Ken Vaughn
06-23-16
30
Tyler ISD
212905
INSTRUCTIONAL ARRANGEMENTS
HOMEBOUND INSTRUCTION
GENERAL EDUCATION
EEH
(LOCAL)
Consistent with TEA’s Student Attendance Accounting Handbook
(SAAH), a student may be eligible for general education homebound services if the student is to be confined for a minimum of
four weeks to a hospital or homebound setting for medical reasons
specifically documented by a physician licensed to practice in the
United States. The weeks of confinement need not be consecutive. The parent’s request for services shall be submitted to the
principal in accordance with TEA’s SAAH and administrative procedures.
The principal or designee shall convene a placement committee
composed of at least a campus administrator, a teacher of the student, and the parent or guardian of the student to consider the necessity of providing general education homebound instruction to
the student. If the committee determines that such instruction is
appropriate, the committee shall determine the type and amount of
instruction to be provided and, if applicable, the length of the transition period to the school-based setting based on current medical
information.
SPECIAL EDUCATION
Consistent with state rule and the SAAH, a student receiving special education services may be eligible for special education homebound services if the student is to be confined for a minimum of
four weeks to a hospital or homebound setting for medical reasons
specifically documented by a physician licensed to practice in the
United States. If a student is chronically ill, the student’s admission, review, and dismissal (ARD) committee shall determine
whether the weeks of confinement need to be consecutive.
If the ARD committee determines that homebound instruction is appropriate, the committee shall determine the type and amount of instruction to be provided in accordance with law, and, if applicable,
the length of the transition period to the school-based setting
based on current medical information.
DOCUMENTATION OF
SERVICES
The District shall maintain full documentation about students receiving homebound services, in accordance with administrative
procedures, the SAAH, and a student’s individualized education
program (IEP), as applicable.
DATE ISSUED: 2/14/2016
UPDATE 104
EEH(LOCAL)-A
ADOPTED:
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EQUAL EDUCATIONAL OPPORTUNITY
Note:
FB
(LOCAL)
The following provisions address equal educational opportunity for all students in accordance with law. For
provisions addressing discrimination, harassment, and
retaliation involving District students, see FFH.
TITLE IX
COORDINATOR
The District has designated a Title IX coordinator for students to
coordinate its efforts to comply with Title IX of the Education
Amendments of 1972, as amended. [See FB(EXHIBIT)]
ADA / SECTION 504
COORDINATOR
The District has designated an ADA/Section 504 coordinator for
students to coordinate its efforts to comply with Title II of the Americans with Disabilities Act of 1990, as amended, which incorporates
and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973 (“Section 504”), as amended. [See FB(EXHIBIT)]
SUPERINTENDENT
The Superintendent shall serve as coordinator for purposes of District compliance with all other nondiscrimination laws.
EQUAL EDUCATIONAL
OPPORTUNITY
The District shall provide necessary services and supports to provide students equal access to educational opportunities. [See
EHBC] Certain instructional or other accommodations, including
on state-mandated assessments, may be made when necessary,
when allowable, and when these accommodations do not modify
the rigor or content expectations of a subject, course, or assessment. [See EKB]
GENERAL
EDUCATION
ADDITIONAL
SERVICES AND
SUPPORTS
If the District has reason to believe that a student has a disability
that may require additional services and supports in order for the
student to receive an appropriate education as this term is defined
by law, Section 504 and/or the Individuals with Disabilities Education Act (IDEA) shall govern the evaluation, services, and supports
provided by the District. [See also EHBA series]
[For information regarding dyslexia and related disorders, see
EHB.]
Note:
SECTION 504
COMMITTEES
The following provisions address the District’s compliance efforts and system of procedural safeguards as required by federal regulations for a student with a disability as defined by Section 504. A report of discrimination
or harassment based on a student’s disability shall be
made in accordance with FFH.
The District shall form Section 504 committees as necessary. The
Section 504 coordinator and members of each Section 504 committee shall receive training in the procedures and requirements for
DATE ISSUED: 2/14/2016
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EQUAL EDUCATIONAL OPPORTUNITY
FB
(LOCAL)
identifying and providing educational and related services and supports to a student who has a disability that results in a substantial
limitation of a major life activity.
Each Section 504 committee shall be composed of a group of persons knowledgeable about the student, the meaning of the evaluation data, placement options, and the legal requirements regarding
least restrictive environment and comparable facilities for students
with disabilities.
REFERRALS
If a teacher, school counselor, administrator, or other District employee has reason to believe that a student may have a disability
as defined by Section 504, the District shall evaluate the student.
A student may also be referred for evaluation by the student’s parent.
NOTICE AND
CONSENT
The District shall seek written parental consent prior to conducting
a formal evaluation. Ordinary observations in the classroom or
other school setting shall not require prior parental consent.
EVALUATION AND
PLACEMENT
The results of an evaluation shall be considered before any action
is taken to place a student with a disability or make a significant
change in placement in an instructional program. The Superintendent shall ensure that the District’s procedures for tests and other
evaluation materials comply with the minimum requirements of law.
In interpreting evaluation data and when making decisions related
to necessary services and supports, each Section 504 committee
shall carefully consider and document information from a variety of
sources in accordance with law.
REVIEW AND
REEVALUATION
PROCEDURE
To address the periodic reevaluation requirement of law, the District shall adhere to the reevaluation timelines in the IDEA regulations.
A parent, teacher, or other District employee may request a review
of a student’s services and supports at any time, but a formal
reevaluation shall generally occur no more frequently than once a
year.
EXAMINING
RECORDS
A parent shall make any request to review his or her child’s education records to the campus principal or other identified custodian of
records. [See FL]
RIGHT TO
IMPARTIAL
HEARING
A parent shall be given written notice of the due process right to an
impartial hearing if the parent has a concern or complaint about the
District’s actions regarding the identification, evaluation, or educational placement of a student with a disability. The impartial hearing shall be conducted by a person who is knowledgeable about
Section 504 issues and who is not employed by the District or re-
DATE ISSUED: 2/14/2016
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EQUAL EDUCATIONAL OPPORTUNITY
FB
(LOCAL)
lated to a member of the Board in a degree that would be prohibited under the nepotism statute [see DBE]. The impartial hearing
officer is not required to be an attorney. The District and the parent
shall be entitled to legal representation at the impartial hearing.
RECORDS
RETENTION
Records specific to identification, evaluation, and placement as
these pertain to Section 504 shall be retained by the District in accordance with law and the District’s local records retention schedules. [See CPC]
DATE ISSUED: 2/14/2016
UPDATE 104
FB(LOCAL)-A
ADOPTED:
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ADMISSIONS
FD
(LOCAL)
PERSONS AGE 21
AND OVER
The District shall not admit into its public schools any person age
21 or over unless otherwise required by law.
REGISTRATION
FORMS
The student’s parent, legal guardian, or other person having lawful
control shall annually complete registration forms. A student who
has reached age 18 shall be permitted to complete these forms.
PROOF OF
RESIDENCY
MINOR LIVING APART
PERSON STANDING
IN PARENTAL
RELATION
At the time of initial registration and on an annual basis thereafter,
the parent, guardian, or other person having lawful control of the
student under order of a court shall present proof of residency in
accordance with administrative regulations developed by the Superintendent. The District may investigate stated residency as necessary.
A minor student residing in the District but whose parent, guardian,
or other person having lawful control under a court order does not
reside in the District shall present a power of attorney or an authorization agreement as provided in Chapter 34 of the Family Code
assigning responsibility for the student in all school-related matters
to an adult resident of the District.
MISCONDUCT
A minor student living apart who has engaged in misconduct that
results in any of the consequences found in Education Code
25.001(d) shall not be permitted to attend a District school.
EXCEPTIONS
Based on an individual student’s circumstance, the Superintendent
shall have authority to grant exceptions to the requirement for a
power of attorney or authorization agreement and to the exclusion
for misconduct.
EXTRACURRICULAR
ACTIVITIES
The Superintendent shall determine whether a minor student living
apart is present in the District for the primary purpose of participating in extracurricular activities.
NONRESIDENT
STUDENT IN
GRANDPARENT’S
AFTER-SCHOOL CARE
The parent and grandparent of a nonresident student requesting
admission under Education Code 25.001(b)(9) shall provide to the
Superintendent the required information on the grandparent’s residency and complete a form provided by the District describing the
extent of after-school care to be provided by the grandparent.
The Superintendent shall have authority to approve or deny such
admissions requests in accordance with criteria approved by the
Board.
“ACCREDITED”
DEFINED
For the purposes of this policy, “accredited” shall be defined as accreditation by TEA, an equivalent agency from another state, or an
accrediting association recognized by the commissioner of education.
DATE ISSUED: 2/14/2016
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ADMISSIONS
FD
(LOCAL)
GRADE-LEVEL
PLACEMENT
The parent, guardian, or other person having lawful control of a
student enrolling in a District school from an accredited public, private, or parochial school shall provide evidence of the prior schooling outside the District. The student shall be placed initially at the
grade level reached elsewhere, pending observation by the classroom teacher, guidance personnel, and the principal. On the basis
of these observations and results of tests that may be administered
by appropriate District personnel, the principal shall determine the
final grade placement.
ACCREDITED
SCHOOLS
NONACCREDITED
SCHOOLS
TRANSFER OF CREDIT
ACCREDITED
TEXAS PUBLIC
SCHOOLS
OTHER
ACCREDITED OR
NONACCREDITED
SCHOOLS
WITHDRAWAL
A student enrolling in a District school from a nonaccredited public,
private, or parochial school, including a homeschool, shall be
placed initially at the discretion of the principal, pending observation by classroom teachers, guidance personnel, and the principal.
Criteria for placement may include:
1.
Scores on achievement tests, which may be administered by
appropriate District personnel.
2.
Recommendation of the sending school.
3.
Prior academic record.
4.
Chronological age and social and emotional development of
the student.
5.
Other criteria deemed appropriate by the principal.
Credit toward state graduation requirements earned in an accredited public school district in Texas shall be transferable and recognized by the District.
Before recognizing credit in a course earned in an accredited nonpublic school, an accredited school outside of Texas, or a nonaccredited school, appropriate personnel shall evaluate a student’s
records and transcript. The District may require the student to
demonstrate mastery of the content or use alternative methods to
verify course content for the award of credit. [See EI]
A parent or guardian wishing to withdraw a minor student shall present a signed statement that includes the reason for the withdrawal. A student who is 18 or older may submit a withdrawal
statement without a parent’s or guardian’s signature.
[For District withdrawal of students no longer in attendance, see
FEA(LOCAL).]
DATE ISSUED: 2/14/2016
UPDATE 104
FD(LOCAL)-A
ADOPTED:
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ATTENDANCE
ATTENDANCE ACCOUNTING
FEB
(LOCAL)
ATTENDANCE
ACCOUNTING SYSTEM
The Superintendent shall be responsible for maintaining a student
attendance accounting system in accordance with statutory and
TEA requirements. [See also FD for admissions and residency requirements.]
ALTERNATIVE
RECORDING TIME
When appropriate, the Superintendent shall establish written procedures permitting a campus to specify an alternative time for taking attendance other than the second or fifth instructional hour. Exceptions may be authorized for an entire campus or for a
designated group of students at a campus. The alternative time for
recording attendance shall be determined in accordance with
TEA’s Student Attendance Accounting Handbook.
PARENTAL CONSENT
TO LEAVE CAMPUS
The Superintendent shall establish procedures regarding parental
consent for a student to leave campus, including procedures for
documenting a student’s absence. The procedures shall be communicated in the employee and student handbooks.
DATE ISSUED: 2/14/2016
UPDATE 104
FEB(LOCAL)-A
ADOPTED:
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Subject:
Localized Policy DNA and DNB
BACKGROUND INFORMATION
Localized Policy DNA – PERFORMANCE APPRAISAL EVALUATION
OF TEACHERS
Localized Policy DNB – PERFORMANCE APPRAISAL EVALUATION
OF OTHER PROFESSIONAL EMPLOYEES
Review of local policy DNA – The change in policy reflects that
teachers will be appraised annually using the Texas - Teacher
Evaluation and Support System (T-TESS) which replaces the PDAS.
Review of local policy DNB – The change in policy reflects that
principals will be appraised annually using the Texas - Principal
Evaluation and Support System (T-PESS) while other employees will
be appraised using an evaluation instrument appropriate to their
position.
ADMINISTRATIVE CONSIDERATION
Localized Policy has been reviewed by the district administration to
make corrections as needed that reflect consistent practices of the
district and the intentions of the board.
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board approve Policies DNA
(Local) and DNB (Local) as it prepares to incorporate these policies
into the district’s Localized Policy Manual.
ACTON REQUIRED
Board Approval
CONTACT PERSONS
Sharon Roy
Laura Cano
Ken Vaughn
06-23-16
38
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PERFORMANCE APPRAISAL
EVALUATION OF TEACHERS
DNA
(LOCAL)
PROPOSED POLICY 04/29/16
T-TESS
The District shall appraise teachers annually using the Texas
Teacher Evaluation and Support System (T-TESS) in accordance
with law and administrative regulations.
The Board shall approve a list of certified appraisers who can appraise a teacher in place of the teacher’s supervisor.
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PERFORMANCE APPRAISAL
EVALUATION OF OTHER PROFESSIONAL EMPLOYEES
DNB
(LOCAL)
PROPOSED POLICY 04/29/16
PRINCIPALS
The District shall appraise principals using the Texas Principal
Evaluation and Support System (T-PESS) in accordance with law
and administrative regulations.
OTHER CAMPUS
ADMINISTRATORS
The appraisal system used for campus administrators other than
principals shall be determined by each administrator’s position and
job responsibilities and shall consist of either a local appraisal system developed in accordance with law and administrative regulations or a modified version of the T-PESS.
FREQUENCY
District principals and other campus administrators shall be appraised annually.
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Subject:
Worker’s Comp Renewal
BACKGROUND INFORMATION
The Tyler I.S.D. is renewing its agreement with Claims Administrative
Services, Inc. to provide worker’s compensation coverage for the
district which will begin on September 1, 2016. The current
agreement will expire August 31, 2016.
ADMINISTRATIVE CONSIDERATION
The district has the option to continue the current three year plan, or
select a new three year plan which will lock in the current price of
$812,833 for an additional three years.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the Board of Trustees approve
beginning a new three year renewal plan for worker’s compensation
coverage in the amount of $812,833.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Tosha Bjork
Nakeia Burrell
06-23-16
41
42
43
Subject:
Approval of Board Resolution and Participation in an Interlocal
Agreement with TASB Energy Cooperative
BACKGROUND INFORMATION
The TASB Energy Cooperative Agreement allows member agencies
to purchase energy services from any and all TASB Energy vendors.
The TASB Energy Co-op is organized and administered by the Texas
Association of School Boards.
ADMINISTRATIVE CONSIDERATION
In order to utilize the TASB Cooperative vendors, Tyler ISD will
request Board approval of the interlocal agreement and Board
resolution to join and participate in the TASB Energy Cooperative.
As a member of the TASB Energy Cooperative, Tyler ISD will be able
to utilize various price advantages for energy services. Securing fuel
prices at a fixed rate, is one of the energy services that will be utilized
as a member of the TASB Energy Cooperative.
The TASB Energy Cooperative allows the Tyler ISD Transportation
Department to lock in fuel prices while costs are low, but also
provides flexibility to purchase from other vendors if the market price
is more advantageous or in the case of emergencies. Tyler ISD can
set the terms of the fuel agreement.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the Board of Trustees approve
the Board Resolution and Interlocal Agreement to join and participate
in the TASB Energy Cooperative at no cost to the District.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Tosha Bjork
Nakeia Burrell
John Bagert
06-23-16
44
BOARD RESOLUTION
of
Tyler Independent School District
______________________________________________________________
(Name of Local Government)
Energy Cooperative Member
WHEREAS, the above-named Texas local governmental entity (“Entity” ) desires to join the TASB Energy
Cooperative (“Energy Cooperative”), in order to participate in a local government cooperative procurement
program pursuant to the authority granted by Chapter 791 of the Texas Government Code, the Interlocal
Cooperation Act (“Act”), and Section 271.101, et seq., of the Texas Local Government Code; and
WHEREAS, Entity is of the opinion that participation in the Energy Cooperative’s procurement program is in
the best interest of Entity in order to achieve efficiencies and potential cost savings; and
WHEREAS, Entity desires to participate and join with other local governments in an Interlocal Participation
Agreement (“Agreement”) for the purpose of fulfilling and implementing their respective public and
governmental purposes, needs, objectives, programs, functions and services;
NOW, THEREFORE, BE IT RESOLVED, that Entity is authorized to join and participate in the Energy
Cooperative in order to procure, at Entity’s option, energy products and services, such as electricity and
transportation fuel, under contracts and commitments made available through the Energy Cooperative.
FURTHER, BE IT RESOLVED, that the governing body of Entity authorizes its presiding officer or other
designated officer to execute the Energy Cooperative’s Interlocal Participation Agreement.
FINALLY, BE IT RESOLVED, that the governing body of Entity authorizes its presiding officer or other
designated officer to take any and all necessary and appropriate action to carry out the foregoing, including
entering into agreements with the vendors and service providers that have been selected by the Energy
Cooperative.
23rd
PASSED AND ADOPTED at a meeting of Entity’s governing body on the ______________________
day of
June
16
________________,
20____.
Tyler Independent School District
______________________________________________,
Energy Cooperative Member
(Name of Local Government)
By:__________________________________
(Printed Name) ________________________
Date:__________________________
_____________________________________
(Title)
ATTEST:
_____________________________________
(Printed Name)________________________
Secretary
Date:__________________________
45
TASB ENERGY COOPERATIVE
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement") is made and entered into by and between TASB
Energy Cooperative ("Energy Cooperative"), an administrative agency of cooperating local governments, acting
on its own behalf and the behalf of all participating local governments, and the undersigned local government of
the State of Texas ("Energy Cooperative Member" or “Member”).
I. RECITALS
WHEREAS, a local government entity is authorized by the Interlocal Cooperation Act, Chapter 791 of
the Texas Government Code, to agree with other local government entities to form a cooperative; and
WHEREAS, the Energy Cooperative is further authorized as a local purchasing cooperative organization
as set forth in Section 271.101, et seq., of the Texas Local Government Code; and
WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement
requirements, to identify qualified vendors of electricity, transportation fuel and other types of energy products,
commodities, and services (collectively “energy services”), to relieve the burdens of the governmental
purchasing function, and to realize the various potential economies, including administrative cost savings, for
Energy Cooperative Members; and
WHEREAS, the Energy Cooperative has contracted with the Texas Association of School Boards, Inc.
(“TASB”), a Texas nonprofit corporation, to administer energy services-related programs for Energy
Cooperative Members;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein, the undersigned Energy Cooperative Member and the Energy Cooperative agree as follows.
II. TERMS AND CONDITIONS
1.
Definitions. As used throughout this Agreement, the following terms shall have the meanings set forth
below unless otherwise indicated in this Agreement, regardless of whether initial capitalization or italics
are used consistently. Further, the below terms may be described differently in other documents, but
substance shall prevail over form in such instances.
“Aggregation Pool” means an aggregation in which the requirements of a member of the Energy
Cooperative for certain energy services are joined with the requirements of other members of the Energy
Cooperative to create a purchasing unit for the purchase of those energy services.
“Energy Services Agreement” means a form purchase, sales, supply or other agreement between
an energy services vendor and the Energy Cooperative Member to sell and purchase energy services,
the terms of which may have been negotiated between TASB, as administrator of the Energy
Cooperative, and the vendor.
“Energy Services Vendor” means a vendor authorized by the Energy Cooperative to sell energy
services to an Energy Cooperative Member. Without limiting the generality of this definition, the term
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
46
1
includes a retail electric provider (“REP”), an entity certified by the Texas Public Utility Commission to
sell electricity to retail customers in Texas.
“Letter of Commitment” means an agreement executed by the Energy Cooperative Member
committing the Member to join a specific Aggregation Pool and/or purchase energy services from the
Energy Services Vendor awarded by the Energy Cooperative and establishing the terms applicable to
such purchase.
2.
Adopt Charter Interlocal Cooperation Agreement. The Energy Cooperative Member, by the execution
or acceptance of this Agreement, hereby adopts and approves the Charter Interlocal Agreement effective
as of January 16, 2008, which agreement is incorporated herein by reference (and is available from the
Energy Cooperative upon request). The Charter Interlocal Agreement established the Energy Cooperative
as an administrative agency of its collective participants, and the Energy Cooperative Member agrees to
become a participant or additional party to that Charter Interlocal Agreement.
3.
Term.
4.
(a)
The initial term of this Agreement shall commence on the date it is executed by both parties and
shall automatically renew for successive one-year terms unless sooner terminated in accordance with
the provisions of this Agreement.
(b)
If the Energy Cooperative Member is an existing Member that joined the Energy Cooperative by
executing a participation agreement which authorized amendment upon the Energy Cooperative
providing 60 days prior notice, then this Agreement will be deemed an
Amendment by Notice, which will be effective on the 65th day after the date the Energy
Cooperative Member is sent notice of this document. In addition, this Agreement will continue to
automatically renew for successive one-year terms on the anniversary date of the Energy
Cooperative Member’s initial term (not the effective date of the Amendment by Notice), unless the
Agreement is sooner terminated in accordance with the provisions herein.
Services. The Energy Cooperative, through its administrator, TASB, shall provide the Energy
Cooperative Member with opportunities to procure energy services through programs established by the
Energy Cooperative, including the electricity aggregation and the fixed-rate transportation fuel programs,
pursuant to the terms and conditions that the Energy Cooperative establishes for the Member’s
participation in such programs. As a general matter, with respect to the establishment and administration
of such programs:
(a)
The Energy Cooperative shall require that TASB, from time to time, (i) conduct a competitive
procurement process, using any means permitted by Texas law, to recommend to the Energy
Cooperative the selection of one or more Energy Services Vendors to serve members of the Energy
Cooperative; and (ii) negotiate with such Vendor(s) the terms of an Energy Services Agreement for
the purchase of energy services by members of the Energy Cooperative. The Energy Cooperative,
through TASB, may offer the Energy Cooperative Member the opportunity to participate in an
Aggregation Pool with other members of the Energy Cooperative to purchase energy services, or it
may arrange for the purchase of energy services by the Energy Cooperative Member individually
and not as part of an Aggregation Pool.
(b)
Neither the Energy Cooperative nor TASB shall be responsible for addressing customer service
issues relating to the Energy Cooperative Member’s energy services that occur under any Energy
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
47
2
Services Agreement. The Energy Cooperative Member shall resolve such issues directly with the
Energy Services Vendor or, in the case of electricity, its local utility or the REP.
5.
6.
Obligations of Energy Cooperative Member. The Energy Cooperative Member agrees to perform the
following obligations:
(a)
When requested by the Energy Cooperative or TASB from time to time, the Energy Cooperative
Member shall execute a Letter of Commitment and such other documentation as the Energy
Cooperative may require for the Member to participate in an Aggregation Pool. If the Energy
Cooperative Member fails to execute such Letter of Commitment or other documentation as
required, the Energy Cooperative Member will not be allowed to participate in the Aggregation Pool.
(b)
If the Energy Cooperative Member is not participating in an Aggregation Pool and if executable
energy services pricing provided by the Energy Cooperative or its administrator, TASB, is
acceptable to the Energy Cooperative Member, then the Energy Cooperative Member will execute
the Energy Services Agreement to purchase such energy services.
Termination.
(a)
By the Energy Cooperative Member.
This Agreement may be terminated by the Energy
Cooperative Member at any time by giving 30 days prior written notice to the Energy Cooperative,
provided any amounts owed to the Energy Cooperative and any Energy Services Vendor have been
fully paid. Notwithstanding the foregoing, this Agreement shall continue in effect during the term
specified in any Letter of Commitment, Energy Services Agreement, or other contractual obligation
which the Energy Cooperative Member has with the Energy Services Vendor, TASB or the Energy
Cooperative under an Energy Cooperative program.
(b)
By the Energy Cooperative. The Energy Cooperative may terminate this Agreement by:
(1)
Giving 10 days notice by certified mail to the Energy Cooperative Member if the Energy
Cooperative Member breaches this Agreement; or
(2)
Giving 30 days notice by certified mail to the Energy Cooperative Member with or without
cause. Notwithstanding the foregoing, this Agreement shall continue in effect during the term
specified in a Letter of Commitment or other existing contractual obligation.
(c) Termination Procedure. If the Energy Cooperative Member terminates its participation under this
Agreement or breaches this Agreement, or if the Energy Cooperative terminates participation of the
Energy Cooperative Member, the Energy Cooperative Member shall bear the full financial
responsibility for its commitments to Energy Services Vendors under or through this Agreement. In
addition, the Energy Cooperative Member agrees that it will not be entitled to any funds from the
Energy Cooperative after it terminates its participation.
7.
Aggregation Fees.
The Energy Cooperative Member agrees that the Energy Cooperative and its
administrator, TASB, shall be fairly compensated for the services provided under and through this
Agreement. Therefore, it is agreed that the Energy Cooperative and/or TASB is authorized to receive
payment, directly or indirectly, of aggregation, administrative or service fees (collectively “Aggregation
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
48
3
Fees”) from Energy Services Vendors. The amount of such Aggregation Fees shall be disclosed in the
Letter of Commitment, Energy Services Agreement, or any other contract which binds the Energy
Cooperative Member to the purchase of energy services. The Energy Cooperative Member understands
and agrees that such Aggregation Fees may be included in the price of energy services the Cooperative
Member pays the Energy Services Vendor. Further, the Energy Cooperative Member affirmatively
disclaims any rights to such Aggregation Fees, acknowledging that all such fees are the property of the
Energy Cooperative and/or TASB. Similarly, in no event shall the Energy Cooperative Member be
directly responsible for payment of Aggregation Fees.
8.
Distribution. At the sole discretion of the Energy Cooperative Board of Trustees (“Board”), the Energy
Cooperative may issue a distribution to Energy Cooperative Members under a plan developed by the
Board. The Energy Cooperative Member acknowledges that a distribution is generally not contemplated,
never guaranteed, and depends on the overall financial condition of the Energy Cooperative.
9.
Administration. The Energy Cooperative may enter into contracts with others, including non-profit
associations, for the administration, operation, sponsorship and endorsement of the energy services
programs established by the Energy Cooperative as provided for in this Agreement. The Energy
Cooperative Member acknowledges and agrees that the Energy Cooperative has contracted with TASB as
administrator for the Energy Cooperative and that such relationship is authorized by Section 791.013 of
the Texas Government Code.
III. GENERAL PROVISIONS
1.
Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is
sent to the Energy Cooperative Member at least 60 days prior to the effective date of any change described
in such amendment and provided that the Energy Cooperative Member does not terminate its participation
in the Energy Cooperative before the expiration of said 60 days.
2.
Authorization to Participate and Compliance with Local Policies. The Energy Cooperative Member
represents and warrants that its governing body has duly authorized its participation in the Energy
Cooperative and that the Energy Cooperative Member will comply with all state and local laws and
policies pertaining to purchasing of energy services, including without limitation electricity, through its
membership in the Energy Cooperative.
3.
Bylaws. The Energy Cooperative Member agrees to abide by the Bylaws of the Energy Cooperative, as
they may be amended, and any and all written policies and procedures established by the Energy
Cooperative.
4.
Cooperation and Access. The Energy Cooperative Member agrees that it will cooperate in compliance
with any reasonable requests for information and/or records made by the Energy Cooperative. The
Energy Cooperative reserves the right to audit the relevant records of any Energy Cooperative Member.
Any breach of this provision shall be considered material and shall make the Agreement subject to
termination on 10 days written notice to the Energy Cooperative Member.
5.
Coordinator. The Energy Cooperative Member agrees to appoint a program coordinator for each energy
services program in which the Member participates. The coordinator shall have express authority to
represent and bind the Energy Cooperative Member, and the Energy Cooperative will not be required to
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
49
4
contact any other individual regarding program matters. Any notice to or any agreements with the
coordinator shall be binding upon the Energy Cooperative Member. The Energy Cooperative Member
reserves the right to change the coordinator as needed by giving written notice to the Energy Cooperative.
Such notice is not effective until actually received by the Energy Cooperative.
6.
Fiscal Responsibility.
(a)
The Energy Cooperative Member is not responsible for the payment of any sum of money to the
Energy Cooperative, TASB, or an Energy Services Vendor solely by reason of the Member’s
execution of this Agreement. A payment obligation for the Member will only arise under the terms
and provisions of a Letter of Commitment, Energy Services Agreement, or other separate contractual
document entered into by the Member.
(b)
The Energy Cooperative Member hereby warrants that all payments, fees, and disbursements
required of it hereunder shall be made from current revenues budgeted and available to the Member.
7.
Defense and Prosecution of Claims. The Energy Cooperative Member authorizes the Energy
Cooperative to regulate the commencement, defense, intervention, or participation in a judicial,
administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of
alternative dispute resolution, or other appearances of the Energy Cooperative in any litigation, claim or
dispute which arises from the services provided by the Energy Cooperative on behalf of its members,
collectively or individually. Neither this provision nor any other provision in this Agreement will create a
legal duty for the Energy Cooperative to provide a defense or prosecute a claim; rather, the Energy
Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law.
The Energy Cooperative Member shall reasonably cooperate and supply any information necessary or
helpful in such prosecution or defense. Subject to specific revocation, the Energy Cooperative Member
hereby designates the Energy Cooperative to act as a class representative on its behalf in matters arising
out of this Agreement. However, nothing herein shall preclude the Energy Cooperative Member from
pursuing, either independently or in conjunction with the Energy Cooperative, a claim against an Energy
Services Vendor with whom the Member has a contractual agreement that was entered into through an
Energy Cooperative program.
8.
Governance. The Board will govern the Energy Cooperative in accordance with its Bylaws.
9.
Jurisdiction/Venue. This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas and, to the extent permitted by law, venue for all disputes arising under this Agreement
shall lie in Travis County, Texas.
10.
Legal Authority. The Energy Cooperative Member represents and warrants to the Energy Cooperative
the following:
(a)
It is a political subdivision of the state of Texas and it meets the definition of “Local Government” or
“State Agency” under the Interlocal Cooperation Act (“Act”), Chapter 791 of the Texas Government
Code.
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
50
5
11.
(b)
The functions and services to be performed under this Agreement will be limited to “Administrative
Functions” as defined in the Act, which includes purchasing.
(c)
It possesses the legal authority to enter into this Agreement and can allow the Agreement to
automatically renew or be amended without subsequent action of its governing body.
(d)
Purchases made under this Agreement will satisfy all procedural procurement requirements that the
Energy Cooperative Member must meet under all applicable local policy, regulation, or state law.
(e)
All requirements––local or state–for a third party to approve, record or authorize this Agreement
have been met.
Disclaimer. THE ENERGY COOPERATIVE, AND ITS ENDORSER(S) AND SERVICING
CONTRACTOR (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER THE ENERGY COOPERATIVE NOR
ITS ENDORSER(S) OR SERVICING CONTRACTOR CAN CONTROL THE DELIVERY OF
ENERGY SERVICES, INCLUDING WITHOUT LIMITATION THE DELIVERY OR FLOW OF
ELECTRICITY OR FUEL, AND NEITHER SHALL HAVE ANY LIABILITY FOR ANY DAMAGES
OR CONSEQUENCES THAT MAY OCCUR IF ENERGY SERVICES ARE INTERRUPTED OR NOT
TIMELY DELIVERED FOR ANY REASON.
THE ENERGY COOPERATIVE AND ITS ENDORSER(S) AND SERVICING CONTRACTOR
HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO
ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE
AND ACKNOWLEDGE THAT THE CUSTOMER PROTECTION RULES ADOPTED BY THE
TEXAS PUBLIC UTILITY COMMISSION (AS CONTAINED IN PUC SUBSTANTIVE RULES
25.471 ET. SEQ.) DO NOT APPLY TO THIS AGREEMENT AND THE ENERGY COOPERATIVE
MEMBER WAIVES SUCH CUSTOMER PROTECTION RULES TO THE FULLEST EXTENT
PERMITTED BY LAW.
12.
Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this
Agreement, the parties agree as follows:
(a)
Neither party waives any immunity from liability afforded under law.
(b)
In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither
party shall be liable to the other under any circumstance for special, incidental, consequential, or
exemplary damages.
(c)
The maximum amount of damages recoverable will be limited to the amount of fees which the
Energy Cooperative, its servicing contractor, or endorser(s) received, directly or indirectly, as a
direct result of the Energy Cooperative Member’s purchase activity within 24 months of when the
lawsuit or action was filed. Energy Services Vendors in an Energy Cooperative program are not
governed by this provision.
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
51
6
(d)
In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney’s fees that are equitable and just.
13.
Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this
Agreement, is intended to confer upon any person, other than the parties hereto, any benefits, rights, or
remedies under or by reason of this Agreement.
14.
Entirety and Effect on Prior Agreements. Upon taking effect as provided for herein, this Agreement,
together with the Energy Cooperative’s Bylaws and Charter Interlocal Agreement, represents the complete
understanding of the Energy Cooperative and the Energy Cooperative Member. The terms of this
Agreement shall control and take precedence over all prior agreements; provided, however, that the terms
of a prior agreement between the Energy Cooperative and the Member will govern the Member’s
participation in any Aggregation Pool or purchase established under such prior agreement.
15.
Notice. Unless otherwise provided in this Agreement, any written notice to the Energy Cooperative shall
be made by first class mail, postage prepaid, and delivered to James B. Crow, Executive Director, Texas
Association of School Boards, Inc., P.O. Box 400, Austin, Texas 78767-0400. The Energy Cooperative
Member shall designate a general contact person, and notices to the Member that involve general matters
may be made by first class mail, postage prepaid, and delivered to such contact person or the Member’s
chief executive officer (e.g., superintendent, city manager, county judge or mayor). Notices regarding
specific Energy Cooperative programs may be made by first class mail, postage prepaid, and delivered to
the program coordinator designated by the Member.
16.
Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any
reason, the remaining portions shall continue in full force and effect.
17.
Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to
the other party will not affect the validity, enforceability or binding effect of this Agreement because
either party may rely upon a facsimile or imaged signature as if it were an original. Furthermore, this
Agreement may be executed in several separate counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument.
18.
Warranty. By the execution and delivery of this Agreement, the undersigned individuals warrant that
they have been duly authorized by all requisite administrative action required to enter into and perform the
terms of this Agreement.
[The remainder of this page is intentionally left blank. Signatures are on following page.]
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
52
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WHEREFOR, the parties, acting through their duly authorized representatives, accept this Agreement.
TASB ENERGY COOPERATIVE
By:
Date:
James B. Crow, Secretary
TO BE COMPLETED BY ENERGY COOPERATIVE MEMBER:
Tyler Independent School District
_________________________________________________________________
(Name of Local Government)
By:
__________________________________________________ Date: _________________
Signature of authorized representative
__________________________________________________
Printed name and title of authorized representative
General Contact for the Energy
Nakeia Burrell
Cooperative Member :
___________________________________
Name
P.O. Box 2035
___________________________________
Mailing Address
Tyler
__________________________________
City
75710
Texas, _____________________________
(zip)
(903) 262-1010
___________________________________
Telephone
(903) 262-1170
___________________________________
Fax
nakeia.burrell@tylerisd.org
___________________________________
Email
Approved by the TASB Energy Cooperative Board of Trustees on November 9, 2010
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Subject:
Consider future options for (Old) Griffin Elementary School
BACKGROUND INFORMATION
Tyler ISD owns approximately 4.793 acres identified by the Smith
County Appraisal District. as Pin # 056111, Lot 1B, and Block 0501U,
Woldert Heights 3rd Subdivision located at 3000 N. Border and
known as (Old) Griffin Elementary School.
ADMINISTRATIVE CONSIDERATION
The administration is studying future plans for the use of all facilities.
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board commission
administration to investigate future options for (Old) Griffin
Elementary School, including advertisement, within appropriate
policy, to sale the property known as (Old) Griffin Elementary School
located at 3000 N. Border.
If sale of the property becomes the recommendation of the
commissioned study, it is also recommended by the administration
that if appropriate, preference be given to a non-profit organization
that serves the educational needs of future Tyler ISD students.
Any offers or sales contract for the purchase of the property would
be presented to the board at a later time for approval.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Marty Crawford, Ed.D.
06-23-16
54
Subject:
Consider Approving the Purchase of Stream Credits for Mitigation of the
Flood Plains and Wetlands located on the Robert E. Lee High School
Property
BACKGROUND INFORMATION
In 2014, preparations were made to convert and modify the existing
intermittent stream and wetlands on the Robert E. Lee High School
property. This mitigation would allow for routing 1,350 linear feet of the
intermittent stream near Red Raider Drive underground while preserving
the 2.137 acres of wetlands near Donnybrook Avenue. To accomplish this,
it was necessary to go through the application process for flood plains and
wet lands mitigation permit with the US Army Corp of Engineers. Once
purchased, the credits stay with the property in perpetuity.
ADMINISTRATIVE CONSIDERATION
The permit was granted for mitigation of 831.1 linear feet of intermittent
stream and 290.3 linear feet of perennial stream. As a requirement of the
mitigation permit, the district is responsible to purchase 1315 credits for
replacement at Scoober Creek from the Scoober Creek Mitigation Bank.
ADMINISTRATIVE RECOMMENDATION
The administration recommends the Board of Trustees approve the
purchase of 831.1 linear feet of flood plain at a price of $540.00 per credit
and 290.3 linear feet of wet lands at a price of $1,080.00 per credit for a
purchase total of $762,361.20. Funding is provided by Bond Funds.
ACTION REQUIRED
Board Approval
CONTACT PERSON
Tim Loper
06-23-16
55
Subject:
Selection of Delegate and Alternate to TASA/TASB Convention
BACKGROUND INFORMATION
Each year trustees attend the annual joint convention for the Texas
Association of School Boards (TASB) and Texas Association of
School Administrators (TASA) where new legislation, school finance,
etc. are presented. This joint convention allows for interchange of
ideas, communication and fellowship.
ADMINISTRATIVE CONSIDERATION
As a part of school district attendance, a delegate assembly is held
and each district sends one delegate and alternate for voting on
issues.
ACTION REQUIRED
Board approval of a delegate and alternate to the TASB Delegate
Assembly in Houston, Texas, September 23-25, 2016.
CONTACT PERSON
Marty Crawford, Ed. D.
06-23-16
56
Subject:
Memorandum of Understanding between the Tyler Independent
School District Foundation (the Foundation) and the Tyler Independent
School District
BACKGROUND INFORMATION
Incorporated in December 1990, the Foundation responds to the local
need for increased community involvement in and support for public
education. The Foundation is a non-profit, 501(c)(3) organization that
works closely with the school district, but is an independent entity. It
operates as a neutral group, serving as a catalyst for uniting the
schools, businesses and the community of Tyler.
The Foundation provides resources to inspire learning, enrich teaching
and enhance opportunities for District students through the support of
exemplary programs.
The district looks forward to continuing the partnership that has made
such a difference in the lives of many students, teachers, staff,
administrators and families.
ADMINISTRATIVE CONSIDERATION
The administration recommends approval of the Memorandum of
Understanding between the Tyler Independent School District
Foundation and the Tyler Independent School District.
ACTION REQUIRED
Board approval
CONTACT PERSON
Marty Crawford, Ed. D.
06-23-16
57
58
59
Subject:
Purchase of Transportation Vehicles
BACKGROUND INFORMATION
In general, school buses are purchased in accordance with the district’s 15
year replacement cycle. Currently, there are a total of eight 2001 or older
model buses in marginal condition due for replacement in 2016.
ADMINISTRATIVE CONSIDERATION
In order to maintain fleet consistency, the district obtained quotes from three
vendors capable of delivering the make and models that complement the
district’s existing fleet. Rush Bus Sales, Thomas Built Buses, and Longhorn
Bus Sales submitted quotes for consideration. Rush Bus Sales offered the
district the best value as outlined below.
Quotes were also obtained for one additional passenger vehicle. Quotes
were received from Tyler Ford and Peltier Chevrolet. This vehicle will be
added to the current pool vehicles used in lieu of buses when ridership is
less than 9, providing more cost effective means of transportation. The
current demand for the existing pool vehicles is exceeding availability.
Description
Quantity
Cost
Extension
Conventional Bus
(includes a/c unit) from
Rush Bus Sales
6
$87,714.00
$526,284.00
Special Needs Bus
(includes a/c unit and wheel
chair lift) from
Rush Bus Sales
2
$ 88,875.00
$177,750.00
Ford Expedition
purchased from Tyler Ford.
1
$ 35,993.00
$ 35,993.00
Buy Board
(for each bus purchase order)
1
$
$
800.00
TOTAL
60
800.00
$740,827.00
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board of Trustees accept the
quote for the purchase as detailed above, including the Buy Board for the
purchase order for the grand total of $740,827.00 to be purchased from fund
balance set aside for capital outlay. The administration specifically
recommends awarding Rush Bus Sales $704,834.00 (including the Buy
Board) for the purchase of the buses, and Tyler Ford to be awarded
$35,993.00 for the purchase of the Expedition.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Tosha Bjork
John Bagert
Willie Bryant
06-23-16
61
62
63
64
Subject:
Replacement of Data Backup System
BACKGROUND INFORMATION
The off-site data backup system that protects the district’s core
information has been in service for five years. The system has failed
and repair, continued maintenance and expansion to meet the future
needs of the district is costlier than a complete system replacement.
ADMINISTRATIVE CONSIDERATION
In the years since the last upgrade of the district’s data backup
system newer technologies have emerged that provide less
expensive and more efficient ways to protect the district’s critical
data.
Form 1295 is attached.
ALIGNMENT TO STRATEGIC PLAN
3.2.2 – Analyze the available funding that can be allocated to
technology
3.2.3 – Conduct a cost analysis to upgrade existing infrastructure
including:
•
Internal network and Wi-Fi bandwidth
•
External network bandwidth
•
Equipment associated with network bandwidth upgrade
•
Staff/Teacher Computer/Devices
•
Ancillary equipment
•
Server room equipment
3.2.10 – Prioritize and allocate available funding with needs
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board approve the
purchase of a new EMC Data Domain DD2500 backup system from
Presidio (DIR Contract # DIR-TSO-2634) in the amount of
$164,705.88. The purchase price includes three years of software
and hardware maintenance. Funding for this purchase comes from
general fund.
65
ACTION REQUIRED
Board Approval
CONTACT PERSON
John Orbaugh
06-23-16
66
67
Subject: Measuring Up Insight Item Bank
BACKGROUND INFORMATION
Tyler ISD is focused on relevant and aligned assessments at regular intervals
to ensure the monitoring of student progress. There must be strong alignment
between the TEKS (Texas Essential Knowledge and Skills), the taught
curriculum and the assessed curriculum.
ADMINISTRATIVE CONSIDERATION
Campuses and the curriculum department require a “bank” of test items that
will assess students at the depth and complexity necessary to determine
progress and mastery of the content.
Measuring Up has test item banks in Mathematics, English Language Arts
Reading (ELAR) and Science; in both English and Spanish. These test items
serve two purposes:


Provide assessment items that are aligned with the TEKS.
Provide test items that are at the depth and complexity of the state
assessment.
District administration and the curriculum and instruction department utilized
the assessment items in the 2015-2016 school year and found the items to be
aligned with the curriculum and the state assessment. The Measuring Up
Insight Item Bank was selected as a viable option for Tyler ISD.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends the Board approve the purchase of the
Measuring Up Insight Item Bank in the amount of $31,200.00 from People’s
Education Inc. dba Mastery Education. Funding will be provided from the
assessment budget.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Dr. Christy Hanson
Dr. Jamey R. Johnson
Max Gregory
06-23-16
68
69
Subject:
Student/Athletic Insurance Renewal
BACKGROUND INFORMATION
The Tyler I.S.D. Student/Athletic Insurance coverage policy will
expire July 31, 2016.
ADMINISTRATIVE CONSIDERATION
The district was able to procure the same coverage as in the previous
year without any price increase.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the Board of Trustees approve
the 2016-17 Student/Athletic Insurance proposal awarded to Texas
Monarch Management, Inc. which includes athletic coverage for
$157,600 and catastrophic coverage for $4,761.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Greg Priest
Nakeia Burrell
06-23-16
70
71
72
Subject:
Service Agreement between Janice McDaniel for Therapeutic Horseback
Riding, Equine Assisted Growth and Learning Association (EAGALA)
sessions, Equine Assisted Activities, Horses and Tack and Tyler
Independent School District
BACKGROUND INFORMATION
Tyler ISD and Janice McDaniel wish to enter into an agreement for the
2016-2017 school year for Therapeutic Horseback Riding, Equine Assisted
Growth and Learning Association (EAGALA) sessions, and with Equine
Assisted Activities. These services are provided to the students at the
Wayne D. Boshears Center for Exceptional Programs and other students in
Tyler ISD. Additional services may be provided to the Wayne D. Boshears
Center for procedural training in proper procedures for persons who assist
with the Therapeutic Horseback Riding, Equine Assisted Growth and
Learning Association (EAGALA), or with Equine Assisted Activities. The
agreement defines the responsibilities assigned to each party. These
activities have been provided to the Wayne D. Boshears Center for
Exceptional Programs for over ten years.
ADMINISTRATIVE CONSIDERATION
The agreement has been reviewed by representatives from Tyler ISD, the
Wayne D. Boshears Center and the Tyler ISD Special Education
Department. The list of services provided by Janice McDaniel and Tyler
ISD are defined within the service agreements.
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board approve the Service
Agreements between Janice McDaniel and Tyler Independent School
District for the 2016-2017 school year.
ACTION REQUIRED
Board approval
CONTACT PERSON
Rawly Sanchez
Leslie Brinkman George, Ph.D.
06-23-16
73
74
Subject:
Consider Approval to Purchase High Jump Landing Systems, Pole Vault
Landing Systems, and Hurdles at Dogan, Hogg, and Hubbard Middle
Schools
BACKGROUND INFORMATION
As part of the 2013 Bond Program, new three lane tracks with field
events were constructed at Dogan, Hogg, and Hubbard middle schools.
To provide equity for all middle school students, high jump landing
systems, pole vault landing systems, and hurdles would need
consideration.
ADMINISTRATIVE CONSIDERATION
Proposals were solicited from LISCO Sports LLC and BSN Sports. Both
are Region VII State approved vendor, and are as follows:
LISCO Landing Systems and Equipment for Dogan, Hogg,
and Hubbard - $56,835.00
BSN Sports – High school 41 inch hurdles - $14,236.60
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the board approve the proposal
from LISCO Sports LLC for the landing systems in the amount of
$56,835.00 and from BSN Sports for hurdles in the amount of
$14,236.60. Funding will be provided through bond funds.
ACTION REQUIRED
Board Approval
CONTRACT PERSON
Greg Priest
06-23-16
75
CERTIFICATE OF INTERESTED PARTIES
FORM
1295
1 of 1
OFFICE USE ONLY
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
LISCO Sports,LLC
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
TYLER ISD
CERTIFICATION OF FILING
Certificate Number:
2016-55181
Date Filed:
05/13/2016
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
9820
HIGH JUMP & POLE VAULT LANDING SYSTEM FOR DOGAN, HOGG, HUBBARD HIGH SCHOOLS
4
City, State, Country (place of business)
Name of Interested Party
5 Check only if there is NO Interested Party.
6 AFFIDAVIT _
.................—...
—
,,,,, , ,,,,,,,
JENNIFER B. LANHAM
A.:'•
4);.,*c,
r.Notary Public, State of Texas
• •=
.",; Comm Expires 04-01-2020
t„.\
Notary ID 13060407-8
''''14,(,',;;;',
Nature of interest
(check applicable)
Controlling
Intermediary
X
I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signat e of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Steve Lanham
Sworn to and subscribed before me, by the said
2016
, to certify which, witness my hand and seal of office.
tiSignatt\- of o icer administering oath
T exas
Commission
ommission
Jennifer B. Lanham
Printed name of officer administering oath
www.ethics.state.tx.us
76
this the 13th
day of
May
Office Manager
Title of officer administering oath
Version V1.0.1021
77
Subject:
Renaissance Learning Agreement
BACKGROUND INFORMATION
Renaissance Learning (RL) is a cloud-based K12 assessment and learning
platform. RL enables teachers to deliver highly differentiated and timely
instruction while driving personalized student practice in reading and
mathematics. The Accelerated Reader and Accelerated Math provide high
quality individualized instructional opportunities for application of content
skills.
Peete Elementary and Jones Elementary have included Renaissance
Learning as part of the TEA Required Turn Around Plan that was approved
by the Board at the May 19, 2016 meeting.
Orr Elementary, Douglas Elementary, and Bonner Elementary will be
utilizing Accelerated Reader and/or Accelerated Math as supplemental
programs for students.
ADMINISTRATIVE CONSIDERATION
Academic Impact:
 The return on investing in a few extra minutes per day in individualized
reading and math (skill building) practice can effect startling change over
the long term.
 High quality daily practice can make great strides in reading,
mathematics and college-and-career readiness benchmarks.
 Goal setting can have a powerful impact on students’ success.
 The RL platform can be used in a variety of teaching formats; whole
group, small group, and centers/stations as part of the regular class or
Response to Intervention (RtI).
ADMINISTRATIVE RECOMMENDATION
The Administration recommends the Board approve a one year contract
with Renaissance Learning in the amount of $52,604.14 for the 2016-2017
school year. The partnership will be funded through State Comp Ed funds.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Dr. Christy L. Hanson
Shauna Hittle
Cody Levrets
06-23-16
78
79
Subject: Approval of contract with International Center for Leadership in Education A Division of Houghton Mifflin Harcourt
BACKGROUND INFORMATION
Tyler ISD is focusing on improving literacy in the elementary grades. In order
to ensure that all teachers receive expert training, the district will partner with
the International Center for Leadership in Education to create and present
focused, engaging training for guided reading and literacy implementation.
ADMINISTRATIVE CONSIDERATION
District administration, Curriculum and Instruction, and campus
administration reviewed several options for quality professional development
in order to match the best aligned training to the district literacy plan. The
International Center for Leadership in Education strives to build effective
instruction based on rigorous and relevant expectations. The professional
development will enable teachers to plan and provide learning experiences
with a literacy focus that are embedded with best practices. Also, teachers
will learn how to use assessment and data to guide and differentiate
instruction.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends the Board approve the purchase of expert
professional development in the amount of $41,250.00. The total cost of
$41,250.00 will be funded from the 2015-2016 Title II budget.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
Dr. Christy Hanson
Dr. Jamey R. Johnson
Shauna Hittle
06-23-16
80
81
Subject:
Consider Approval of Equipment and Supplies for the Performing and Visual
Arts Program
BACKGROUND INFORMATION
The Performing and Visual Arts programs on several of the middle school
campuses are expanding. After receiving the course requests for the 201617 school year, the programs are continuing to grow and it is imperative the
district provide the necessary resources to be successful.
ADMINISTRATIVE CONSIDERATION
In the past, the district has provided the more expensive instruments, such
as tubas, baritones, sousaphones, bassoons and oboes, for the campuses.
As more of the schools become Title I, there is a need for the district to
purchase additional instruments for the benefit and balance of the
programs.
ALIGNMENT TO STRATEGIC PLAN
Strategy #6: Intentional school choice offerings inspire and engage
students in grades K-12.
ADMINISTRATIVE RECOMMENDATION
The administration recommends the Board approve the purchase of
equipment and supplies in an amount not to exceed $300,000 from
American Band, Tatum Music, Lone Star Percussion, and Lisle Violin to
supply the resources for district programs and students.
ACTION REQUIRED
Board Approval
CONTACT PERSONS
George Faber
Ronald K. Jones
06-23-16
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
Subject:
Localized Policy GKD
BACKGROUND INFORMATION
Localized Policy GKD – COMMUNITY RELATIONS – NONSCHOOL
USE OF SCHOOL FACILITIES
Updating this policy allows nonprofit organizations to conduct fundraising events on designated district property with appropriate district
approval and aligns this policy with local policy GKA referencing nonuse of electronic cigarettes.
ADMINISTRATIVE CONSIDERATION
Localized Policy has been reviewed by the district administration to
make corrections as needed that reflect consistent practices of the
district and the intentions of the board.
ADMINISTRATIVE RECOMMENDATION
The administration recommends that the Board review Policy GKD
(Local) as it prepares to incorporate this policy into the district’s
Localized Policy Manual.
ACTON REQUIRED
First Reading
CONTACT PERSON
Ron Jones
Ken Vaughn
06-23-16
103
Tyler ISD
212905
COMMUNITY RELATIONS
NONSCHOOL USE OF SCHOOL FACILITIES
GKD
(LOCAL)
PROPOSED REVISIONS 05/27/16
SCOPE OF USE
The District shall permit nonschool use of designated District facilities for educational, recreational, civic, or social activities when
these activities do not conflict with school use or with this policy.
Approval shall not be granted for any purpose that would damage
school property or to any group that has damaged District property.
Note:
See the following policies for other information regarding
facilities use:

Use by employee professional organizations: DGA

Use of facilities for school-sponsored and schoolrelated activities: FM

Use by noncurriculum-related student groups:
FNAB

Use by District-affiliated school-support organizations: GE
NONPROFIT
FUND-RAISING
The District shall not permit nonprofit organizations not affiliated
with the District to conduct fund-raising events on designated District property with prior approval of the Superintendent or designee.
FOR-PROFIT USE
The District shall not permit individuals or for-profit organizations to
use its designated facilities for financial gain with prior approval of
the Superintendent or designee.
A student receiving additional academic help, such as for tutorials
or private lessons outside the regular school day, shall be permitted.
SCHEDULING
Requests for nonschool use of District facilities shall be considered
on a first-come, first-served basis.
Academic and extracurricular activities sponsored by the District
shall always have priority when any use is scheduled. [See FM]
The Superintendent or designee shall have authority to cancel a
scheduled nonschool use if an unexpected conflict arises with a
District activity.
APPROVAL OF USE
The director of maintenance is authorized to approve a nonschool
use of classrooms, cafeterias, libraries, the Plyler complex, and the
central administration building. The director of visual and performing arts shall be authorized to approve the a nonschool use of
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campus auditoriums and the Caldwell Auditorium. The director athletics shall be authorized to approve the a nonschool use of District
athletic facilities.
EXCEPTION
No approval shall be required for nonschool-related recreational
use of the District’s unlocked, outdoor recreational facilities, such
as the track, playgrounds, tennis courts, and the like, when the facilities are not in use by the District or for a scheduled nonschool
purpose. All users shall follow all rules and regulations displayed
on District signage.
EMERGENCY USE
In case of emergencies or disasters, the Superintendent or designee may authorize the use of school facilities by civil defense,
health, or emergency service authorities.
USE AGREEMENT
Any organization or individual approved for a nonschool use of District facilities shall be required to complete a written agreement indicating receipt and understanding of this policy and any applicable
administrative regulations, and acknowledging that the District is
not liable for any personal injury or damages to personal property
related to the nonschool use.
FEES FOR USE
Nonschool users shall be charged a fee for the use of designated
facilities.
The facilities committee shall establish and publish a schedule of
fees based on the cost of the physical operation of the facilities, as
well as any applicable personnel costs for supervision, custodial
services, food services, security, and technology services.
EXCEPTIONS
REQUIRED CONDUCT
Fees shall not be charged when school buildings facilities are
used:
1.
fFor public meetings sponsored by state or local governmental agencies; or.
2.
Fees shall not be charged for use bBy District employee professional organizations. [See DGA]
Persons or groups using school facilities shall:
1.
Conduct business in an orderly manner.
2.
Abide by all laws and policies, including but not limited to
those prohibiting the use, sale, or possession of alcoholic
beverages, illegal drugs, and firearms, and the use of tobacco
products and e-cigarettes on school property. [See GKA]
3.
Make no alteration, temporary or permanent, to school property without prior written consent from the Superintendent.
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All groups using school facilities shall be responsible for the cost of
repairing any damages incurred during use and shall be required to
indemnify the District for the cost of any such repairs.
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