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 6 7 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 8 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 6 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 7 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. 8 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. 10 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. 13 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; 14 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 15 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: 31 1 of 1 Tyler ISD 212905 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 UPDATE 104 FB(LOCAL)-A 1 of 3 32 Tyler ISD 212905 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 UPDATE 104 FB(LOCAL)-A 2 of 3 33 Tyler ISD 212905 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: 34 3 of 3 Tyler ISD 212905 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 UPDATE 104 FD(LOCAL)-A 1 of 2 35 Tyler ISD 212905 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: 36 2 of 2 Tyler ISD 212905 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: 37 1 of 1 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 Tyler ISD 212905 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. 1 of 1 DNA(LOCAL)-A2 39 Tyler ISD 212905 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. 1 of 1 DNB(LOCAL)-A1 40 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 7 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 53 8 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 1 of 3 GKD(LOCAL)-X 104 Tyler ISD 212905 COMMUNITY RELATIONS NONSCHOOL USE OF SCHOOL FACILITIES GKD (LOCAL) 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. 2 of 3 GKD(LOCAL)-X 105 Tyler ISD 212905 COMMUNITY RELATIONS NONSCHOOL USE OF SCHOOL FACILITIES GKD (LOCAL) 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. 3 of 3 GKD(LOCAL)-X 106