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Pearland Independent School District Regular Meeting Tuesday, October 13, 2015 5:00 PM

Agenda of REGULAR MEETING

The Board of Trustees

PEARLAND INDEPENDENT SCHOOL DISTRICT

Notice is hereby given that a Regular Meeting of the Board of Trustees of the Pearland Independent School District will be held on October 13, 2015, beginning at 5:00 PM at 1928 North Main, Pearland, Texas. The closed session will begin immediately after the opening of the meeting followed by the public session at approximately 5:30 - 6:00 p.m. The subjects to be discussed, considered, or upon which any formal action may be taken are listed below. The items listed in this notice may be taken in any order at the discretion of the Board.

1. Call to Order

2. Establishment of a Quorum

3. Closed Meeting as Authorized by Section 551.001 et seq.of the Government Code -

A. 551.071 - Private Consultation with the Board's Attorney

1. Private Consultation with the Board's Attorney about any Item Listed on the Agenda

B. 551.072 - Discussing purchase, exchange, lease or value of real property

C. 551.074 - Personnel Discussion

1. Employment of Professional and Instructional Personnel

2. Review Resignations

4. Reconvene in Open Session

5. Introductory Remarks/Pledges - Trustee Lance Botkin

A. Such remarks by an individual board member are entirely his or her own and do not necessarily reflect the views or judgment of the Board of Trustees as a whole or the school district. No other members of the board or employees of the school district, or any other person in attendance at the meeting is expected or required to participate in any introductory remarks that are presented.

6. Consider Action on Items Discussed in Closed Session as Listed Under Closed Meeting in this Notice

7. Board Member Activities

8. Board Recognition [6:15 p.m.]

9. Public Comment [Length of time of each not to exceed five (5) minutes]

10. New Business - Consideration of and Possible Action on the Following Consent Agenda: All items under the Consent Agenda are acted upon by one motion. Upon a board member's request, any item on the Consent Agenda shall be moved to the Regular Agenda.

A. Consent Agenda

1. Approve Amended Minutes of August 11, 2015 Regular Board Meeting and Minutes of September 8, 2015 Regular Board Meeting.

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2. Approve the Professional Development and Appraisal System [PDAS] Administrator's Appraisal List for the 2015-2016 School Year

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3. Approve the Brazoria County JJAEP Memorandum of Understanding 22

4. Approve the District Improvement Plan Objectives for 2015-2016 39

5. Approve Communities in Schools Partnership Agreement 41

6. Approve Advanced Placement Merit Pay 44

B. Regular Agenda

1. Consider Approval of Naming HGAC Assembly Representative and Alternate for 2016

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2. Consider Approval of Administration Recommendations for Strategic and Facilities Planning (including consultant arrangements, timeline, and procedures)

52

11. Administrative Reports

A. Quarterly Investment Report 67

B. Report on Advanced Placement Comparative Government and Politics Trip 72

C. Report on District Student Testing Results for 2014-2015 73

12. Board Member Request for Future Agenda Items

13. Adjournment

If, during the course of the meeting covered by this Notice, the Board of Trustees should determine that a closed meeting or session of the Board of Trustees is required, then such closed 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 meeting or session concerning any and all purposes permitted by the Act, including, but not limited to the following sections and purposes: Texas Government Code Section:

551.071 Private consultation with the Board's attorney 551.072 Discussing purchase, exchange, lease or value of real property 551.073 Discussing negotiated contracts for prospective gifts or donations 551.074 Discussing personnel or to hear complaints against personnel 551.076 Considering the deployment, specific occasions for, or implementation of,

security personnel or devices 551.082 Considering discipline of a public school child, or complaint or charge against

personnel 551.083 Considering the standards, guidelines, terms or conditions the Board will follow,

or will instruct its representative to follow, in consultation with representative of employee groups

551.084 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 meeting or session, then the final action, final decision, or final vote shall be either:

(a) in the open meeting covered by the Notice upon the reconvening of the public meeting;

or (b) at a subsequent public meeting of the School Board upon notice thereof; as the School

Board shall determine

Certificate of Posting

On the 8th day of October, 2015, this notice was made available to the public on the district website and an original copy of this notice was posted at the school district education support center at 2:00 p.m. on said date.

___________________________ Secretary to Board of Trustees

Meeting Date October 13, 2015

Meeting Type

☒ Regular Meeting

☐ Special Meeting/Workshop

☐ Hearing

Date Submitted: September 25, 2015

Agenda Placement

☐ Public Hearing

☒ Open Session

☐ Executive Session

☐ Recognition

☐ Administrative Report

☒ Consent Agenda

☐ Regular Agenda

☐ Information/Discussion

Subject: Approve Amended Minutes of the August 11, 2015 Regular Board Meeting and Minutes of the September 8, 2015 Regular Board Meeting

Executive Summary: Amended Minutes for the Regular Board Meeting held on August 11 2015 and minutes for the Regular Board Meeting held on September 8, 2015 are submitted for your review.

Fiscal Impact: Cost:

☐ Recurring

☐ One-Time

☒ No Fiscal Impact

Funding Source: ☐ General Fund

☐ Grant Funds

☐ Other Funds (Specify)

Fiscal Year:

Amendment Required?

☐ Yes

☐ No

Superintendent’s Recommendation: That the amended minutes for the Regular Board Meeting held on August 11, 2015 and the minutes for Regular Board Meeting held on September 8, 2015 be approved as presented.

Department Submitting: Superintendent’s Office

Requested By: John P, Kelly, Ph.D.

Cabinet Member’s Approval: Dr. John Kelly

Board Approval Required: ☒Yes ☐No

Board of Trustees

Agenda Item Information

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August 11, 2015 Regular Board Meeting

AMENDED

September 8, 2015 Pearland Independent School District

Regular Meeting of the Board of Trustees

August 11, 2015

The Board of Trustees of the Pearland Independent School District met in regular session on Tuesday, August 11, 2015 at 5:00 p.m. in the Board Room of the Administrative Offices located at 1928 North Main Street, Pearland, Texas in accordance with Chapter 551 of the Government Code.

Please note the amendment/additional language added to Agenda Item

10.B.1

Opening

1.0 After noting that a quorum was present, President DeBorde opened the meeting at 5:00 p.m.

Establishment of a Quorum

2.0 Trustee Rusty DeBorde , President Trustee Pam Boegler, Vice-President Trustee Rebecca Decker, Secretary Trustee Virgil Gant

Members Absent

Trustee Lance Botkin arrived to the meeting at 5:18 p.m. Trustee Charles Gooden, Jr. arrived to the meeting at 5:02 p.m. Trustee Sean Murphy arrived to the meeting at 5:05 p.m.

Closed Session 3.0 – President DeBorde convened the board in Closed Session at 5:00 p.m. in accordance with Section 551.001

A. Section 551.071 - Private Consultation with the Board's Attorney Regarding any Item Listed on the Agenda

B. Section 551.072 - Discussing purchase, exchange, lease or value or real property

C. Section 551.074 - Personnel Discussion 1. Employment of Professional and Instructional

Personnel 2. Review Resignations 3. Consider Action with Regard to Matthew Davis,

Teacher Dawson High School, for Abandonment of Contract

Superintendent Dr. John Kelly participated in closed session with board in regard to items 3.B, 3.C.1, 3.C.2. and 3.C.3 Executive Director of Human Resources David Moody participated in closed session with the board in regard to items 3.C.1, 3.C.2.

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and 3.C.3

Open Session 4.0 - The board reconvened in open session at 6:04 p.m.

Executive Council Present Recording Secretary

Superintendent Dr. John Kelly Chief Financial Officer Mr. Don Marshall Senior Assistant Superintendent Mr. Cary Partin Senior Assistant Superintendent Ms. Sonia Serrano Senior Assistant Superintendent Dr. Brenda Waters Senior Assistant Superintendent Dr. Nyla Watson Ms. Bobbie Dawson

Introductory Remarks Pledge to American and Texas Flags

5.0 – Trustee Pam Boegler led the Pledge of Allegiance to the American and Texas Flags and rendered a prayer.

Action on Closed Session

5.0 – Personnel A motion was made by Trustee Boegler and seconded by Trustee Decker that the board issue a finding in accordance with TEC Section 21.210(c)(2) and 19 TAC 249.14(g), that good cause did not exist for Matthew Davis, a one-year probationary contract teacher, to abandon his employment contract, abandon his position, and attempt to resign from Pearland ISD. The motion carried 7-0 A motion was made by Trustee Boegler and seconded by Trustee Decker that the Board authorize the Board President to send a letter to the Texas Education Agency - Educator Certification Division seeking sanction of a one-year term contract teacher, Matthew Davis, for abandonment of his employment contract. The motion carried 7-0. A motion was made by Trustee Boegler and seconded by Trustee Decker that the board accepts and approves the superintendent’s recommendation for Employment of Personnel as presented. The motion carried 7-0.

Board Member Activities

7.0 – Board members shared with the audience and each other activities they attended since the last board meeting.

Board Recognition 8.0 - The board of trustees recognized the following: Future Problem Solvers:

PJH West Students

Sablatura Middle School Students

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Communications Department:

National School Public Relations Association’s 2015 Publications and Electronic Media Contest

Board of Trustees:

Trustee Rebecca Decker for completion of the Leadership TASB course of study to become a Master Trustee

President DeBorde recognized Boy Scout Troop 446 in attendance.

Public Comment

9.0 –Ms. Susan Fowler, parent, addressed the board in regard to Kindergarten Acceleration Testing. Ms. Carol Harris, parent, spoke to the board in regard to the district’s homework policy.

Consent Agenda President DeBorde asked if members of the board would like to

remove an item from the consent agenda. Trustee Gant requested to remove item:

10.A.12 Trustee Gooden, Jr. requested to remove item:

10.A.14

A motion was made by Trustee Boegler and seconded by Trustee Decker that the board approve consent agenda items 10.A.1 through 10.A.11, 10.A.13, and 10.A.15 as presented.

Approval of Minutes 10.A.1 – That the minutes for the Regular Board Meeting held on June 9, 2015 and Special Board Meetings June 23, 2015 and July 21, 2015 be approved as presented.

Change Board Meeting Dates

10.A.2 - That the board of trustees approve the modification in the 2015-2016 school year calendar to move the scheduled Regular Board Meeting from January 12, 2016 to January 19, 2016 and to move the Regular Board Meeting from May 10, 2016 to May 17, 2016.

TASB Manual Update 102

10.A.3 – That the board of trustees add, revise, or delete (LOCAL) policies as recommended by TASB Policy Service and according to the Instruction Sheet for TASB Localized Policy Manual Update 102.

Offer on Foreclosed Property – 0237-0074-111

10.A.4 – That the board accepts the offer of $5,100.00 for property, account number 0237-0074-111, which is currently held in trust by the Property Tax Resale Committee of Brazoria County on behalf of

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all taxing authorities.

Offer on Foreclosed Property – 2210-0215-000

10.A.5 - That the board accepts the offer of $1,500.00 for property, account number 2210-0215-000, which is currently held in trust by the Property Tax Resale Committee of Brazoria County on behalf of all taxing authorities.

Extension Contract for Fencing

10.A.6 - That a one year contract extension be approved with The Fierro Group Ltd dba Fencemaster of Houston effective September 1, 2015 through August 31, 2016.

Proposals for Printing Services

10.A.7 : That proposals submitted by Amsterdam Printing & Litho, Inc., Birdsong Printing, CopyDR, Inc., Dreyfus Printing, Gateway Printing & Office Supply, Inc., Houston ISD, In-House Printers, Mirror Publishers, Inc. and Printing Communications be accepted effective September 1, 2015, through August 31, 2016.

Interlocal Agreement with CCISD for General Foods

10.A.8 - That Pearland ISD Food Service Department utilize the Clear Creek Independent School District’s Interlocal Agreement for Cooperative Purchasing for General Foods & Full Service Food Distribution’s contract with Borden, Kurz and Labatt for the procurement of milk products, bread, groceries, produce, paper and chemicals for the 2015/2016 school year.

Contracts for Frozen Beverages

10.A.9 That the Food Service Department utilize the Choice Partners’ frozen beverage contract with Trident Beverage, Sunny Sky, and Tropical Flurry during the 2015-2016 school year for the procurement of frozen beverages.

Fire Alarm System Inspections

10.A.10 That the Maintenance and Operations Department utilize the State of Texas TXMAS contract with SimplexGrinnell LP during the 2015-2016 school year for the procurement of fire alarm system inspections in the amount of $90,875.36.

Annual Software Licensing

10.A.11 : That the board authorizes the renewal of the annual

software licenses for Skyward, Munis, Citrix VDI, and Microsoft Education Enterprise Solution which are anticipated to be $563,660.

Energy Management System Maintenance

10.A.13 That the Maintenance and Operations Department utilize the Region 5 Southeast Texas Purchasing Cooperative contract with Automated Logic during the 2015-2016, 2016-2017, and 2017-2018 school years for the procurement of energy management system maintenance in the annual amount of $86,832 per year for a 3 year total amount of $260,496.

SRO Contract with City of Pearland

10.A.15 That the board approve the Interlocal Agreement with the City of Pearland to provide a total of ten School Resource Officers and one supervisor for the District’s junior highs, PACE, and high

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school campuses for a nine-month term that corresponds with the District’s 2015-2016 adopted school calendar plus an additional ten days for training.

Motion on the consent agenda as presented carried 7-0.

Procurement of Buses

10.A.12 Trustee Gant stated he is surprised at the estimated delivery date for the buses after the order has been placed.. He asked if the district would be placed in a bind with the delivery date of the buses. Transportation Director Raul Cruz stated the delivery date would not affect the district and this is the standard delivery time-line for new buses. A motion was made by Trustee Gant and seconded by Trustee Murphy that the BuyBoard Contract #385-11 with Longhorn Bus Sales be utilized for the procurement of six 77-passenger buses in the total amount of $619,452 and one 54-passenger bus in the total amount of $107,455 per the attached quotes with a combined total amount of $726,907. Motion carried 7-0.

Student Code of Conduct

10.A.14 Trustee Gooden, Jr. asked to pull this item to state his concerns:

Disciple guidelines for students in special education programs. A special education student cannot be disciplined for bullying, harassment, or making hit lists until an ARD committee has been held to review the conduct. Concern of the board if a process is in place for crisis removal when necessary.

Truancy prevention measures implemented by the district. Dr. Kelly stated the Student Code of Conduct is a mandate from the State and the district is already doing most of what the law will require.

Campus Behavior Coordinator: What does this entail? SB 107 created the position to serve at each campus within the school district. The campus behavior coordinator is responsible for maintaining student discipline and completing duties assigned by law. Each campus principal in PISD will be named as the Campus Behavior Coordinator. This practice has been in place in PISD for numerous years.

A brief discussion followed. A motion was made by Trustee Gooden, Jr. and seconded by Trustee Decker that the board approves the 2015-16 Student Code of Conduct as presented. Motion carried 7-0.

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Regular Agenda Guaranteed Maximum Price Carleston and Lawhon

10.B.1 – The board of trustees awarded a construction manager-at-risk contract to Purcell Construction, Inc. during the January 20, 2015 school board meeting in regards to additions and renovations at Carleston Elementary and Lawhon Elementary Schools. The awarded contract provided $20,000 for pre-construction services in order to determine the maximum guaranteed price (GMP) for the cost of additions and renovations before proceeding with the actual construction. Based on the attached letter from PBK Architects and the attached worksheet from Purcell Construction, Inc., the final GMP offered for this project is $18,588,393.

Phil Rutter representing PBK Architects presented an overview of the scope/location of the renovation work at both campuses. Jud Purcell and Doug Frank of Purcell Construction were also in attendance. Mr. Rutter and Mr. David Holland addressed questions/concerns presented by members of the board. A motion was made by Trustee Gant and seconded by Trustee Decker that the board of trustees accept and approve the Guaranteed Maximum Price (GMP) of $18,588,393 submitted by Purcell Construction, Inc. for the additions and renovations to Carleston and Lawhon Elementary Schools which includes the base price and alternates number 2 and 2B and 5B. Motion carried 7-0. At the September 8, 2015, Trustee Gooden, Jr. suggested an amendment to these minutes. Thereafter, Trustee Gooden, Jr. make a motion to amend the August 11, 2015 board meeting minutes to reflect that the board had a preference to replace carpet at Carleston and Lawhon Elementary. (August 11, 2015 Agenda Item 10.B.1 Guaranteed Maximum Price for renovations to Carleston and Lawhon Elementary) A second was made by Trustee Gant. Motion carried 6-0 - Trustee Botkin absent

Budget Amendment Number One

10.B.2 A motion was made by Trustee Gant and seconded by Trustee Gooden, Jr. that the board approves Budget Amendment Number One as presented. Motion carried 7-0.

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Resolution for Employment Compensation for June 16, 2015

10.B.3 – A motion was made by Trustee Decker and seconded by Trustee Botkin that the board of trustees adopt the proposed resolution to compensate district employees who were instructed not to report to work during the emergency closing on June 16, 2015 at their regular rate of pay according to the duty schedule that they would have otherwise worked. Motion carried 7-0.

Board Operating Procedures

10.B.4 President DeBorde suggested that the board discuss and tweak the Board Operation Procedures during team building session or a workshop. A motion was made by Trustee Gooden, Jr. and seconded by Trustee Decker that the board approve changes to the Board’s Rules of Conduct and Standard Rules as contained in the Board packet. Motion carried 7-0

Administrative Report Quarterly Investment Report

11.A. A copy of the Quarterly Investment Report was included in the agenda in order to comply with Chapter 2256 of the Texas Government Code, which is commonly referred to as the Public Funds Investment Act.

Board Request for Agenda Items

12.0 – No requests were made.

Adjournment 13. 0 -The meeting adjourned at 7:28 p.m.

We affirm that these minutes are official, complete and correct.

Rusty DeBorde

President

Rebecca Decker

Secretary

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Date Minutes Approved Date Signed by Officers

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September 8, 2015 Regular Board Meeting

Pearland Independent School District

Regular Meeting of the Board of Trustees

September 8, 2015

The Board of Trustees of the Pearland Independent School District met in regular session on Tuesday, September 8, 2015 at 4:00 p.m. in the Board Room of the Administrative Offices located at 1928 North Main Street, Pearland, Texas in accordance with Chapter 551 of the Government Code.

Opening 1.0 After noting that a quorum was present, Vice-President Boegler opened the meeting at 4:04 p.m.

Establishment of a Quorum

2.0 Trustee Pam Boegler, Vice-President Trustee Virgil Gant Trustee Charles Gooden, Jr. Trustee Sean Murphy

Members Absent

Trustee Rebecca Decker, Secretary arrived to the meeting at 4:07 Trustee Rusty DeBorde , President arrived to the meeting at 4:11 p.m. Trustee Lance Botkin arrived to the meeting at 6:27 p.m.

Closed Session 3.0 – Vice-President Boegler convened the board in Closed Session at 4:05 p.m. in accordance with Section 551.001

A. Section 551.071 - Private Consultation with the Board's Attorney Regarding any Item Listed on the Agenda

B. Section 551.072 - Discussing purchase, exchange, lease or value or real property

C. Section 551.074 - Personnel Discussion 1. Employment of Professional and Instructional

Personnel 2. Review Resignations

D. Section 551.076 - Considering the Deployment, Specific Occasions for, or Implementation of, Security Personnel or Devices

1. Review/Training of Safety/Security Procedures /Plans/Facilities for Immediate and Long Range Implementation

Superintendent Dr. John Kelly participated in closed session with board in regard to items 3.C.1, 3.C.2. and 3.D.1 Executive Director of Human Resources David Moody participated in closed session with the board in regard to items 3.C.1, and 3.C.2. The board met for training purposes with Lt. Savage and Sgt.

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Beavers of the Pearland Police Department to receive security related training and information related to Item 3.D.1

Open Session 4.0 - The board reconvened in open session at 5:51 p.m.

Executive Council Present Recording Secretary

Superintendent Dr. John Kelly Chief Financial Officer Mr. Don Marshall Deputy Superintendent Nan Weimer Senior Assistant Superintendent Mr. Cary Partin Senior Assistant Superintendent Ms. Sonia Serrano Senior Assistant Superintendent Dr. Brenda Waters Senior Assistant Superintendent Dr. Nyla Watson Ms. Bobbie Dawson

Action on Closed Session

6.0 – Personnel A motion was made by Trustee Boegler and seconded by Trustee Decker that the board accepts and approves the superintendent’s recommendation for Employment of Personnel as presented. The motion carried 6-0. Trustee Botkin absent

Introductory Remarks Pledge to American and Texas Flags

5.0 – President DeBorde led the Pledge of Allegiance to the American and Texas Flags and rendered a prayer.

Board Member Activities

8.0 – Board members shared with the audience and each other activities they attended since the last board meeting.

Public Hearing FIRST Report 7.0 - In accordance with the Texas Administrative Code, Title 19,

§129.1205, each school district and open-enrollment charter school is required to report information and financial accountability ratings to parents and taxpayers. Each school district and open-enrollment charter school is required to prepare and distribute an annual financial management report and the public must be provided an opportunity to comment on the report at a public hearing.

Dr. Kelly announced that with a perfect score on seven indicators, Pearland ISD received the rating of “Passed” under Schools FIRST (Financial Accountability Rating System of Texas) for the 2014-2015 school year based on 2013-2014 data. After major changes to School FIRST in accordance with the House Bill 5 of the 83rd Texas Legislature in 2013, “Passed” is the state’s highest rating under the financial rating system for the 2014-2015 school year.

No one present in the audience requested to speak: the Public Hearing then ended.

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Consent Agenda President DeBorde asked if members of the board would like to

remove an item from the consent agenda. Trustee Gant requested to remove item:

11.A.6 Trustee Gooden, Jr. requested to remove item:

11.A.1 A motion was made by Trustee Gant and seconded by Trustee Gooden, Jr. that the board approve consent agenda items 11.A.2 through 11.A.5 as presented.

Proposals Received for Special Education Testing Instruments

11.A.2 - That each of the proposals submitted be accepted effective October 22, 2015 through October 21, 2016 for the procurement of special education testing instruments, protocols, software, supplies and resources by PISD on an as-needed basis.

Utilize Purchasing Cooperative to Purchase Laptops and Computing Carts

11.A.3 – That the district utilize Region V Southeast Texas Purchasing Cooperative’s contract with Logical Front to purchase one hundred and eighty (180) Dell Latitude Model 3340 Laptops and six (6) Dell Mobile Computing Carts in the total amount of $144,181.

SHAC Members 11.A.4 – The board approve the SHAC representatives as recommended.

Budget Amendment Number Two

11.A.5 - That the board approves Budget Amendment Number Two as presented. Motion carried 6-0 Trustee Botkin absent

Approval of Minutes 11.A.1 – Trustee Gooden, Jr. made a motion to amend the August 11, 2015 board meeting minutes to reflect that the board had a preference to replace carpet at Carleston and Lawhon Elementary Schools. (August 11, 2015 Agenda Item 10.B.1 Guaranteed Maximum Price for renovations to Carleston and Lawhon Elementary) A second was made by Trustee Gant. Motion carried 6-0 - Trustee Botkin absent

Class Size Waivers 11.A.6 -. Trustee Gant requested to pull this item for administration to state what the district is doing to reduce the number of class size waivers and how the plan is being implemented. Dr. Kelly gave a brief history of the number of waivers submitted in previous years

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compared to the current request. Since the posting of the agenda administration has eliminated five of the class waivers requested reducing the number to four class waivers to be submitted. A motion was made by Trustee Gant and seconded by Trustee Gooden, Jr. that the board of trustees approve the 2015-2016 class size waiver in order for the elementary schools to place up to 24 students in the 2nd – 4th grade classrooms. Motion carried 6-0. Trustee Botkin absent.

Board Recognition 9.0 - The board of trustees recognized the following: Community Member/Former PISD Employee:

Mr. Preston Bullard, former superintendent of PISD, and guests recognized Mr. W. H. “Jug” Backus, former PISD teacher, coach and director of maintenance and transportation who recently celebrated his 90th birthday. State Representative Ed Thompson presented a Texas flag to Mr. Backus.

District Birthday Card Artist:

Sara Michael Community Members:

HOPE Church

Pearland Library

Coppinger Family YMCA

Texas First Bank Pearland

Mike Graves

President DeBorde left the meeting at 6:20 p.m. Vice-President Boegler moved to the president’s chair and presided over the remainder of the meeting Trustee Botkin arrived to the meeting at 6:27 p.m.

Public Comment

10.0 – Vice-President Boegler read a summary of local policy BED addressing patron comments and participation in this portion of the board meeting. Ms. Susan Fowler, parent, addressed the board and requested that Kindergarten Acceleration Testing be placed on a future board meeting agenda.

Regular Agenda Additional Personnel 11.B.1 – Dr. Kelly stated an updated personnel packet was

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presented to members of the board at the board meeting increasing the number of personnel recommendations from four to six positions. He provided information on the additional staff needed based on the student enrollment as of September 8, 2015. The recommended budget impact stated in the agenda was $192,460.00 and with the additional personnel being added to the recommendation the budget impact would be $316, 916.00. A brief discussion followed. A motion was made by Trustee Gant and seconded by Trustee Decker that the board of trustees approves the six (6) additional personnel positions for the 2015-2016 school year and subsequent years as recommended by administration. Motion carried 6-0. President DeBorde absent.

Nominating Candidate for BCAD

11.B.2 A motion was made by Trustee Gant and seconded by Trustee Botkin that the board adopts the attached resolution nominating Ms. Rubye Jo Knight as a candidate to serve on the Brazoria County Appraisal District Board of Directors as presented. Motion carried 6-0. President DeBorde absent.

Resolution Setting Ad Valorem Tax Rate

10.B.3 –Dr. Kelly stated the tax rate is being decreased by .0001 cents. Trustee Gant made a motion stating: In using the appropriate language as prescribed by the Property Tax Code to approve the resolution levying an annual ad valorem tax, I move that the property tax rate be increased by the adoption of a tax rate of $1.4156 per $100.00 valuation which is effectively a 2.51 percent increase in the tax rate. Motion was seconded by Trustee Gooden, Jr. Motion carried 6-0. President DeBorde absent.

Administrative Report Report on Demographic Study Results

11.A. The Templeton Demographics firm completed the updated report on projected demographics for Pearland ISD. The report was included in the agenda. Mr. Bob Templeton, Templeton Demographics and PISD Director of Facilities and Planning Don Tillis, provided a verbal summary and a comparison to previous studies. The immediate picture also examined short term rezoning affecting several schools over the next few years. This rezoning will be required to better balance the enrollment levels at the schools projected to go over capacity.

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A discussion followed:

Board Request for Agenda Items

12.0 – No requests were made.

Adjournment 13. 0 -The meeting adjourned at 8:15 p.m.

We affirm that these minutes are official, complete and correct.

Rusty DeBorde

President

Rebecca Decker

Secretary

Date Minutes Approved Date Signed by Officers

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Meeting Date: October 13, 2015

Meeting Type

☒ Regular Meeting


☐ Hearing

Date Submitted: October 6, 2015

Agenda Placement

☐ Public Hearing

☒ Open Session


☐ Recognition


☒ Consent Agenda

☐ Regular Agenda


Subject: Approve the Professional Development and Appraisal System [PDAS] Administrator’s Appraisal List for the 2015-2016 school year

Executive Summary: In accordance with Commissioner rules regarding the Professional Development and Appraisal System (PDAS), the board of trustees shall approve the administrator appraiser list for the district each year. The district has employed additional administrators who have gained their PDAS appraiser certification. This list also includes qualified administrative substitutes. Note: The State is instituting a completely new Appraiser System in 2016-2017. Pearland ISD is hosting training for area districts on this new system.


☐ Recurring

☐ One-Time



☐ Grant Funds


Fiscal Year:

Amendment Required?

☐ Yes

☒ No

Superintendent’s Recommendation: That the list of qualified teacher appraisers for PDAS be approved by the board of trustees for the 2015-2016 school year

Department Submitting: Human Resource Services

Requested By: Roxana Rigdon

Cabinet Member’s Approval: David Moody


Board of Trustees


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PEARLAND INDEPENDENT SCHOOL DISTRICT PROFESSIONAL DEVELOPMENT APPRAISAL SYSTEM [PDAS]

ADMINISTRATIVE APPRAISER LIST 2015-2016

October 13, 2015 Akin, Mike Allen, Charles Aleman, Christie Barcelona, Tony Beaman, Martha Behrendsen, Kathy Berger, Larry Bernal, Brigitte Beverly, Amy Bill, Jennifer Black, Shelly Block, Heather Bradley, Sharon Brooks, Kim Burge, Sherrill Campbell, Lori Cantu, Faviola Caviness, Mendy Chambliss, Annette Cook, Kara Jones, Retta **Cruz, Patricia Dahlkamp, Sundie Davis, Amanda **Denmon, Alvin Dieter, Bernadette Farrington, Ed Felix, Crystal Fernandez, Albert Fitzgerald, Edith Frerking, Jason Foster, Teresa Gabino, Jennifer Gifford, Sharon Gigee, Margaret Gosnay, Lacrecia Greenfield-Brown, Deborah Grote, Melanie Hagar, Doug Hamann, Erin Henley, Sheridan Henson-Vaughn, LaKesha Hicks, Michelle Hinton, John Hodgin, Karen Holt, Kelly Johnson, Audie Keimig, Brenda ** Kemp, Laysha Kiefer, Michelle Kilgore, Marcette Knight, Rhonda **Lamell, Kristi Lesco, Shelley

Mathis, Rebecca Maxwell, Eric McDonald, Kevin McGlothlin, Christopher McGrew, Shayla Miles, Dana Minter, Sheri Mishlan, Lea Moody, David Morrow, Jennifer Mueller, Stacy Nelson, Lisa Newell, Brooke Nix, Toby Nixon, Lisa Nowell, Jimmy O’Banion, Brenda Pair, Christina Palombo, John Pardo, Ben Partin, Cary Pedroza, Bernadette Pourchot, Michelle Rayburn, Damon Reeves, Laura **Richter, Robert Rigdon, Roxana Roberts, Gerri **Scott, Rosanne Serrano, Sonia Stoever, Mydah Tate, Donna Tipton, Verna Thomas, Ajunta VanLoenen, Stacie Walker, Jennifer Walker, Lynn Waters, Brenda Watson, Nyla Weddington, Christy Weimer, Nan West, Beth Williams, Tasha Wilson, Pam Yancy, Jacqueline Bold names are new PDAS appraisers; other appraisers were previously approved October 14, 2014. **Denotes Administrative Substitute

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Meeting Type

☒ Regular Meeting


☐ Hearing


Agenda Placement

☐ Public Hearing

☒ Open Session


☐ Recognition


☒ Consent Agenda

☐ Regular Agenda


Subject: Approval of BCJJAEP Memorandum of Understanding for 2015-16

Executive Summary: In accordance with Section 37.011(m) of the Texas Education Code, each school district in a county with a population greater than 125,000 and the county juvenile board shall annually enter into a joint memorandum of understanding. Attached is the Memorandum of Understanding and Interlocal Cooperation Agreement for PISD’s participation in the Brazoria County Juvenile Justice Alternative Education Program for the upcoming school year. This is the same basic memo of understanding under which the district has been operating since the program’s inception in the 1995-1996 school year. This year’s pricing is the same as last year’s and one the district can support.


☒ Recurring

☐ One-Time

☐ No Fiscal Impact

Funding Source: ☒ General Fund

☐ Grant Funds


Fiscal Year:

Amendment Required?

☐ Yes

☒ No

Superintendent’s Recommendation: That the Interlocal Cooperation Agreement and Memorandum of Understanding for Brazoria County Juvenile Justice Alternative Education Program for the 2015-16 school year be approved by the board of trustees.

Department Submitting: Assistant Superintendent for Intermediate Education/Business Office

Requested By: Dr. John Kelly

Cabinet Member’s Approval: Sonia Serrano/Don Marshall


Board of Trustees


22

Revised 10/7/2015 Page

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INTERLOCAL COOPERATION AGREEMENT

and MEMORANDUM OF UNDERSTANDING for

BRAZORIA COUNTY

JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM

2015 - 2016

This Agreement is entered into by, between and among the COUNTY OF BRAZORIA, the

BRAZORIA COUNTY JUVENILE BOARD, and each of the undersigned INDEPENDENT

SCHOOL DISTRICTS whose students are subject to placement in the Brazoria County Juvenile

Justice Alternative Education Program, namely, Alvin ISD, Angleton ISD, Brazosport ISD,

Columbia-Brazoria ISD, Damon ISD, Danbury ISD, Pearland ISD, and Sweeny ISD:

WHEREAS, the County of Brazoria, and each of the school districts are “local

governments” and public education in the context contemplated herein is a “governmental

function and service” as those terms are defined in the Interlocal Cooperation Act, hereinafter “the

Act” codified as Chapter 791 of the Government Code of Texas; and,

WHEREAS, the Act authorizes any local government to contract or agree with another

local government in accordance with the Act to perform governmental functions and services that

each party to the contract is authorized to perform individually; and,

WHEREAS, Section 37.011 of the Texas Education Code, as amended, requires the

development of a “juvenile justice alternative education program” by the juvenile board of a county

with a population greater than 125,000 and the Brazoria County Juvenile Board and the eight

Independent School Districts have heretofore established such a program; and

WHEREAS, the parties concur that the educational component of the Brazoria County

Juvenile Justice Alternative Education Program can be administered most efficiently at a

centralized location within County-owned premises utilized by the County’s Juvenile Justice

Department, and the parties desire to engage an independent contractor to provide the services

necessary and desirable for the education of students assigned to the Brazoria County Juvenile

Justice Alternative Education Program;

NOW, THEREFORE, pursuant to the Interlocal Cooperation Act and the Texas Education

Code, it is mutually agreed by, between and among the parties as follows:

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I.

The Brazoria County Juvenile Justice Alternative Education Program [BCJJAEP] shall be

subject to a written operating policies and procedures approved by the Brazoria County Juvenile

Board in cooperation with the participating independent school districts and submitted to the

Texas Juvenile Justice Department for review and comment, the operational terms and conditions

of which are set forth as the portion of the “Memorandum of Understanding” comprising Article IX

of this Agreement. No additions, deletions, changes or variations to this agreement as to fiscal

matters or educational responsibilities shall be effective unless such amendment be in written

form and formally agreed to by the appropriate officers of the participating parties.

II.

Education Provider

2.01. The Angleton Independent School District shall provide administration, staff,

curriculum and services of the educational aspects of the Program, thereby serving as a

contractor of Brazoria County Juvenile Board, as “Education Provider.” (Texas Administrative

Code 348.3)

2.02. As such Education Provider shall implement and carry out the educational

program in accordance with law, including without limitation the academic and required elements

set forth in Texas Education Code 37.011(d) and (h), and with policies promulgated and/or

adopted by the Brazoria County Juvenile Board (which shall meet Texas Juvenile Justice

Department [TJJD] guidelines) in cooperation with the Superintendents (or their designees) of the

participating school districts which shall serve as the BCJJAEP Advisory Board. Where such

policies are silent, the educational program shall be administered according to policies and

procedures otherwise in effect within the Angleton Independent School District and/or required by

TJJD.

2.03. As Education Provider, Angleton Independent School District shall prepare its

educational program budget; which shall be timely reviewed and approved by representatives of

all parties prior to commencement of the school year; shall employ and be responsible for

educational personnel serving the campus and the Program; shall maintain all educational

records applicable to the Program and correspond with assigned students’ home districts with

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regard to status and ultimate disposition of each assigned student; and shall provide necessary

curriculum and other such responsibilities normally associated with administration and provision of

education services in a disciplinary alternative education program pursuant to the Texas

Education Code and regulations of the Texas Education Agency.

2.04. The parties concur that as many as four (4) full time classroom teachers, including

one certified in special education, and one paraprofessional may be necessary and advisable for

the Program to accommodate the anticipated number of students to be served during the subject

school year. Teacher, administrative and paraprofessional payrolls, AISD employee benefits,

specialized training, and educational supplies may be included in the educational services budget.

Any medical needs shall be the responsibility of Brazoria County, not the Education Provider. The

educational services budget may be amended if needs change during the year, with written

concurrence of the participating districts, however, nothing herein shall require the Education

Provider to amend its budget, staffing or structure involuntarily, nor to incur added expenses

without means of reimbursement.

2.05. In consideration or its contract services, the Education Provider shall be paid a base price

of $303,391.00 for the 2015 - 2016 school year, for an educational program with capacity to

accommodate 48 students per day throughout the school year. Upon receipt of monthly statement

for such services, Brazoria County on behalf of the Juvenile Board shall remit payment of no less

than $30,339.10 for ten months, due and payable no later than the 15th of each month, with first

payment due October 15 of this year, and all amounts remaining unpaid upon conclusion of the

school year shall be paid in full by final payment due by the following July 15. This base price

amount ($303,391.00) is to be drawn from the $783,104.00 detailed in 4.01 as the “overall cost of

the Program, including educational and non-educational services.”

2.06. In the event of maximization or over-utilization of the Program necessitating an

increase in teaching staff or other unforeseen costs, Education Provider may revise its budget to

cover such additional expenditures; and upon approval by the Juvenile Board (TEC 37.0081 [g1])

on behalf of the County, such additional expenditures shall be authorized and the cost thereof be

added to the contract price being paid to Education Provider. Conversely, should under-utilization

of the Program or other unforeseen conditions present an opportunity for reduction of teaching

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staff without diminishing necessary educational service, Education Provider may reduce its

teaching staff assigned to the Program, whereupon the contract price to be paid to Education

Provider, as well as the per-diem charges to the parties, will be reduced by the net amount of any

costs thereby saved.

III.

Non-Educational Services

3.01. The Chief Juvenile Probation Officer, Juvenile Board (TAC 348.3), and the County

of Brazoria shall provide staffing of juvenile probation officers, and such non-educational

personnel as deemed by the parties to be necessary and desirable for the Program, which may

include a school nurse or medic, counselors (if any), motivational facilitators (if any), security

personnel and other non-educational staff, and training thereof, and the physical plant, food

service and supplies necessary for personal comfort, safety and security of all participants and

personnel, and all other matters reasonably related to the BCJJAEP other than education. The

County and/or Chief Juvenile Probation Officer shall prepare a budget of operational and

maintenance costs for non-educational services anticipated for full usage of the Program during

the 2015 - 2016 school year, which shall be timely reviewed and approved by representatives of

all parties prior to commencement of the school year. Financial accounting of income and

expenses incurred by the County, including the bookkeeping and monthly invoicing for the entire

Program, shall be provided by the County Auditor and regularly shared with the school districts,

and may be subjected to audit by the County’s annual independent auditor upon request of any

party hereto.

3.02. Throughout the Program, physical maintenance, utility expenses, and facility

standards in compliance with the Americans with Disabilities Act, as well as nondiscriminatory

accommodations necessary to comply with Section 504 of the Rehabilitation Act of 1973, shall all

be the responsibility of Brazoria County, not the Education Provider nor any other participating

school district.

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IV.

Costs and Charges

4.01. For the year 2015 - 2016 school year covered by the Agreement, it is anticipated

that the overall cost of the Program, including educational and non-educational services, will be

$783,104.00 of which at least $25,000.00 expected to be funded by food-service grants, and

outside subsidies other than state reimbursements for mandatory placements; therefore, for a

180-day per school year with capacity to serve 48 students at any given time, in anticipation of an

average 31 students/day (180 days of instruction/year), the average total local cost per student

should be no more than $100.00 per day.

4.02. a. It is therefore agreed that participating school districts shall pay to Brazoria

County a per diem charge of $100.00 per operational school day of assignment for each of its

students placed in the Program due to discretionary expulsion under sole authority of Texas

Education code Section 37.007(b),(c),(f), or (i), so long as the student is not the subject of juvenile

court assignment or adjudication of a manditorily expellable offense. Discretionary placements for

expulsions for “serious misbehavior” committed while placed in the home district’s DAEP, per

TEC 37.007(c), but only for children under the age of 17 or otherwise within the jurisdiction of

juvenile authorities. The student’s home district at the initial time of any discretionary placement

shall be responsible for payment of all such charges, regardless of any attempt by or on behalf of

the student to withdraw or transfer from that district during the assignment, unless and until

another participating district actually enrolls the student and expressly accepts responsibility for

payment to continue the placement.

b. A school district may elect to place a student in the Program who is required

by its board of trustees or designee to attend an alternative education program under Subchapter

I of the Education Code; however, this MOU does not provide for mandatory placement of all

students to whom said Subchapter I would apply, i.e. registered sex offenders as contemplated by

TEC 37.309(b). It is understood, desired, acknowledged and agreed by the parties that each

school district shall maintain the discretion to place such a student in an appropriate disciplinary

alternative education program (DAEP) of that district’s choosing, the choice of which DAEP may

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include but shall not be limited to the Program of the BCJJAEP. In the event a district elects to

place such a student into the Program, the district shall pay to Brazoria County a per-diem charge

of $100.00 per operational school day pursuant to Subparagraph 4.02(a) hereinabove in which to

place the student as if due to a discretionary expulsion, in accordance with TEC 37.310.

4.03 Brazoria County and/or the Juvenile Justice Department shall assume all costs of

student placements assigned by court order, but may recover appropriate reimbursements from

the State for serving those students whose criminal conduct subjects them to the mandatory

provisions of Texas Education Code as provided in paragraph 4.04.

4.04 a. No costs will be charged to the school districts for students placed in the

Program due to mandatory expulsion for criminal conduct per TEC 37.007(a), (d), or (e). State

funds available through the Texas Juvenile Justice Department to support and defray the costs of

educating the mandatory population of expelled students shall be solicited by the Juvenile Justice

Department for the County and applied toward expenses of such assignments, including but not

limited to any costs of special education services as contemplated at Article V hereinbelow.

In the event of protracted absence or disappearance of an assigned student, per-diem

charges will continue to accrue for up to ten consecutive school days, until Brazoria County

authorities deem the student an absconder or acknowledge loss of jurisdiction; however, as

charges are assessed for each day of assignment, the Juvenile Justice Alternative Education

Program staff and juvenile authorities will use their best efforts to enforce the actual attendance of

students assigned. If a student is detained in Juvenile Detention, the Brazoria County Juvenile

Justice Alternative Education Program will no longer bill for service once the child is temporarily

enrolled in Angleton Independent School District as a resident of Juvenile Detention.

b. If after a student is placed in the Program due solely to a district’s mandatory

expulsion, the TJJD denies payment of state funds for such placement, the home district shall be

notified and the parties shall continue to work together to utilize their best efforts to regain the

state funding for the placement, so long as it appears in good faith to result from a bone fide and

documentable mandatory expulsion pursuant to TEC 37.007(a), (d), or (e), regardless of

disposition of criminal charges or juvenile justice. When written notice is received from the TJJD

denying funding for a particular placement, the home school district shall assume responsibility for

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payment for the entirety of the placement as if the expulsion were discretionary, subject to

reimbursement should state funds eventually be forthcoming; and upon receiving such notice of

denial of funding by TJJD, or at any time in the event that: (1) the expelled student is not arrested

nor referred to juvenile authorities for any offense listed in TEC 37.007(a), (d), or (e), and/or a

determination is made that no deferred prosecution or formal court proceedings will be initiated

against the student; (2) criminal charges and/or juvenile proceedings against the student result in

acquittal or dismissal with prejudice; or (3) regardless of adjudication, no disposition is ordered by

the court; the home district shall have the opportunity to review and reconsider the placement and

the characterization and term of expulsion in light of such development, and may withdraw the

student from the Program without incurring further expense.

4.05. Should additional outside funds (other than County and School District tax dollars)

become available to help subsidize the Program, significantly reducing or reimbursing the actual

County expenditures and thus lowering the local cost per student below the estimates

hereinabove set forth at paragraph 4.01, the per-diem charges under paragraph 4.02 will be

reduced and/or reimbursed accordingly.

4.06. “In the event a participating school district sustains an emergency closure and

elects to apply for a waiver it shall advise the Program of such application, its progress and of any

decision made thereon by the Texas Education Agency. Upon receipt of waiver funding, the

district shall pay the per diem charge for any of its students who attended the program during the

closure. Each participating district shall appoint and maintain a contact person with whom the

Program can communicate during emergency closures.”

V.

Special Ed

Beyond maintaining one special-ed teacher on staff, to serve the regular BCJJAEP

program, nothing herein shall burden the Education Provider, the County, or any school district

with the further expense necessary to address or accommodate any particular needs of special

education services required by the Individuals with Disabilities Education Act (IDEA) or other law,

which extraordinary costs shall remain the responsibility of the responsible school district

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recommending the placement, or in which the student is or was last regularly reenrolled prior to

juvenile court order, as the case may be. The Education Provider and the responsible school

district will work together to provide necessary and appropriate special education services on a

case-by-case basis as the need arises, but all additional expense and liability shall borne and/or

reimbursed by the responsible school district, which shall hold Education Provider harmless for

such costs and services. All parties shall endeavor to comply with each special education

student’s current Individual Education Plan (“IEP”) and facilitate the timely convening of federally-

mandated IEP meetings of the appropriate Admission, Review, & Dismissal (“ARD”) committee.

The responsible school district shall provide the Education Provider or designee of the Brazoria

County Juvenile Justice Alternative Education Program with reasonable notice of a scheduled

ARD meeting and permit a representative of the Brazoria County Juvenile Justice Alternative

Education Program to participate in the meeting to the extent that the meeting relates to the

potential placement of a student with disabilities who would be entitled to special education

services in the Brazoria County Juvenile Justice Alternative Education Program. Should such

compliance be deemed by ARD to be impossible or incompatible with the educational mission of

Brazoria County Juvenile Justice Alternative Education Program, the student shall return to the

student’s home school district for necessary special education services to the extent legally

permissible and practicable, unless otherwise agreed by and between the juvenile authorities and

that district. The parties shall cooperate reasonably in seeking, obtaining and utilizing state funds

(per par.4.04 hereinabove) and/or other subsidies that may be available to defray costs of such

special education services. If after placement in the Brazoria County Juvenile Justice Alternative

Education Program, the Education Provider and/or BCJJAEP Program coordinator has concerns

that the student’s educational or behavioral needs cannot be met in the BCJJAEP, the Education

Provider or designee shall immediately provide written notice of those concerns to the district from

which the student was expelled. The student’s ARD committee shall meet to review the placement

of the student in the BCJJAEP within five (5) business days or as soon thereafter as possible.

The responsible district shall, in accordance with applicable federal law, provide the Education

Provider or designee with reasonable notice of the meeting, and a representative of the BCJJAEP

may participate in the meeting, during which the BCJJAEP may seek a new psychological

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evaluation from an independent provider at the direction and expense of Chief Juvenile Probation

Officer and obtain parental consent as legally required, to determine the appropriateness of the

student’s placement in the Program prior to a follow-up ARD that will be promptly called to

consider the results of such evaluation.

VI.

Educational Accountabilities

For purposes of accountability under Chapter 39 of the Texas Education Code, a student

enrolled in the Brazoria County Juvenile Justice Alternative Education Program shall be reported

as if the student were enrolled in a Disciplinary Alternative Education Program of the student’s

home district. The participating home district of each such student shall cooperate fully in making

such reports and accepting such accountability. All PEIMS reporting requirements for the

students placed in the program shall remain the responsibility of the home district, and all ADA

funding entitlements generated from such data shall also remain with the home district, unless

otherwise provided by law or regulation of the Texas Education Agency. Students who are not

attending shall be withdrawn from Brazoria County Juvenile Justice Alternative Education

Program for non-attendance according to the policy of the district to which the student’s

attendance is attributed, subject to applicable Court Order, if any.

VII.

Annual Scope

Nothing herein shall burden the Education Provider or any other participating school

district with responsibility for underwriting or providing services or accommodating student

placements beyond the scope of the school year term of this cooperative agreement. The

BCJJAEP Program may be submitted to the Texas Juvenile Justice Department for approval

pursuant to Section 37.011 of the Education Code, but should additional obligations be deemed

required of the County and/or Juvenile Board for this Program to fully qualify under that statue, or

regulations thereunder, the parties to this Agreement are under no contractual duty to share such

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additional obligations or expand the Program as it relates to non-educational components without

mutual consent of all concerned.

The JJAEP Student Code of Conduct shall be adopted by the juvenile board and shall

describe and define in writing the JJAEP behavior management system. (TAC 348.18)

VIII.

Indemnification

Only to the extent permitted by the Texas Constitution and other applicable Texas law, but

without waiver or expansion of any immunity from liability or limits to exposure established by the

Texas Tort Claims Act, each party to this Agreement will indemnify and hold harmless the other

parties and their officers, employees and agents, from and against any and all claims proximately

caused by negligence, breach, or other act or omission by the indemnifying party or its officers,

employees, or agents.

IX.

Memorandum of Understanding

9.01. The Brazoria County Juvenile Board and each of the participating school districts

adopt this Agreement as their Memorandum of Understanding in compliance with the Texas

Education Code (TEC Sections 37.010 and 37.011), whereby it is agreed and understood that no

Court may order an expelled student to attend school as a condition of probation except by and

through assignment to the Juvenile Justice Alternative Education Program as described and

allowed under this Memorandum of Understanding and the parties hereby initiate the following

operating policy guidelines:

9.02. The daily administration of all aspects of the Juvenile Justice Alternative Education

Program other than educational services will be conducted by the Brazoria County Juvenile

Justice Department under the direction of Chief Juvenile Probation Officer. The general hours of

operation of the Brazoria County Juvenile Justice Alternative Education Program shall be 7:30

a.m. to 3:30 p.m., with extra duties and special programs (e.g. study hall, counseling, discipline

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class) provided after 3:30 p.m. as needed throughout the year. No one will be allowed to drop off

students prior to 7:30 a.m., as supervision will not be available.

9.03. Students assigned to the Program due to expulsion under the mandatory

provisions of TEC 37.007 and/or court order shall generally remain until completing a minimum of

65 successful days, and students who are placed a second or subsequent time into the Program

shall generally be required to remain until completing 90 successful days. Students placed by a

school district under sole authority of TEC 37.0081 (e.g. expulsion for nonschool Title 5 offenses,

delinquent conduct, etc) or TEC 37.309 (removal of registered sex offenders) are eligible for

conditional assignments of up to 90 days, subject to capacity, but may be withdrawn at any time

by the responsible district. The Brazoria County Juvenile Justice Alternative Education Program

will conduct regularly scheduled progress reviews and communicate the progress with the

sending district.

9.04. If a student admitted into the public school of a school district under Section

25.001(b) is expelled from a school for conduct for which expulsion is required under Section

37.007(a), (d), or (e), the juvenile court, the juvenile board, or the juvenile board’s designee, as

appropriate, shall:

(1) determine if the student is placed on probation under Section 54.04, Family Code, order the student to attend the Juvenile Justice Alternative Education Program in the county in which the student resides from the date of disposition as a condition of probation, unless the child is placed in a post-adjudication treatment facility;

(2) determine if the student is placed on deferred prosecution under Section

53.03, Family Code, by the court, prosecutor, or probation department, require the student to immediately attend the Juvenile Justice Alternative Education Program in the county in which the student resides for a period not to exceed six months as a condition of the deferred prosecution; and

(3) determine the conditions of the deferred prosecution or court-ordered

probation, consider the length of the school district’s expulsion order for

the student; and (4) provide timely educational services to the student in the juvenile justice

alternative education program in the county in which the student resides, regardless of the student’s age or whether the juvenile court has jurisdiction over the student (subject to exclusion of overage students expelled solely for serious misbehavior, as distinguished per Subparagraph 4.02[a]).

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9.05. Subject to exception arising under the foregoing provisions and the procedures set

forth herein below, generally a student expelled by a school district and referred to juvenile court

will be timely and automatically assigned to the Program for the duration of the term of expulsion,

whether or not the provisions of Family Code Section 52.041(d) apply.

9.06. A student under juvenile court jurisdiction may be assigned and shall be admitted

to the Program without necessity of expulsion, by appropriate court order.

9.07. The parties agree to comply with the following admission and discharge

procedures:

1. If placement is initiated by school district expulsion. (a) The school district in which the student is or was last enrolled

shall deliver to the Brazoria County Juvenile Justice Department a copy of the order of expulsion and requesting admission into the Program. Such delivery shall be made no

later than the second business day after the date a hearing is held pursuant to Texas Education Code Section 37.009,

together with any other notice and information required under Texas Education Code Section 37.010 and Family Code Sections 52.04 and 52.041.

(b) If the student’s offense did not result in an arrest or referral,

the probation officer assigned shall obtain a report from the appropriate law enforcement agency, if applicable, and secure a directive to apprehend for the student’s immediate detention.

2. If the student is already under court supervision.

(a) The probation officer will decide whether to amend the conditions of probation or incorporate the Program as a condition of release from detention.

(b) If the conditions of probation are to be amended, the probation officer will prepare an amendment to the original order, including an order to participate in the Program and the code of conduct. The probation officer will request a court date as soon as practicable and a Juvenile Court Judge will consider the amendment.

(c) Otherwise, the probation officer will prepare conditions of

release and include an order to participate in the Program and the code of conduct.

3. If the student is not under prior court supervision.

(a) The probation officer will determine if a petition should be filed alleging the student is in need of supervision or has engaged in delinquent conduct.

(b) If a petition is not filed, the probation officer shall include in

the child’s conditions of release an order to participate in the Program and the code of conduct.

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(c) If a petition is filed, the probation officer shall include with

the disposition order an order to participate in the Program and the code of conduct.

4. Admission requirements.

(a) Upon referral of a student to the JJAEP by a school district, the sending district shall forward to the JJAEP administrator or designee the same records generally required to forward to another school when a student moves from one district to

another. No student shall be admitted into the Program

until all of the student’s records have been received. Records that should be provided included without limitation the following:

> Order of Expulsion > Complete Police / Offense Report > Immunization records > Copy of Birth Certificate > Copy of Social Security Card > Withdrawal grades, current class schedule > Scholastic Achievement Record/Transcript incl. grade classification (imperative for high school) > STARR scores > Attendance records > Discipline records > Special Education Records, incl. Manifestation Determination and most recent IEP and placement ARD > Graduation Plan > Copy of Free or reduce meal application (b) The probation officer will conduct an admission conference

with the student and a parent or guardian to review all the Program requirements and answer any questions.

(c) Brazoria County juvenile personnel will schedule a physical

examination for the student through the Brazoria County Juvenile Justice Department. The student may be admitted to the Program prior to completion of the exam, but will not participate in the physical training aspect of the Program until exam results are received. Students with reduced activity ability will be placed on a modified physical training regimen.

(d) A school district shall not make a discretionary assignment of

a severely emotionally-disturbed student for whom one-on-one in-school supervision has been necessary within the past year, unless the school district provides (at the school district’s expense) a staff member to supervise that student one-one-one while in the Juvenile Justice Alternative Education Program. Severely emotionally-disturbed students assigned through Court placement or as a result of mandatory expulsion shall be served through the Juvenile Justice Alternative Education Program without such additional obligation of the school district.

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(e) A mentally-retarded student who is found by judicial determination or ARD committee to lack responsibility for the pertinent misconduct, due to a substantial incapacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law (per Texas Family Code Section 55.51 or 20 USC 1415), shall not be assigned to the Juvenile Justice Alternative Education Program for such misconduct, but may be subject to proceedings under Family Code Sections 55.52.

5. Discharge requirements.

(a) At least three working school days prior to the completion of the student’s placement in the Program, and no later than five working school days prior to any consideration of recommendation for early release, administrators for both the educational and non-educational services of the Program shall confer and coordinate between themselves and communicate with the student’s school district regarding the impending or contemplated return of the student and any services necessary or advisable for successful transition.

9.08. The parent/guardian shall be responsible for ensuring their child arrives on time to

the Juvenile Justice Alternative Education Program each morning and for getting their child in the

evening at the Juvenile Justice Alternative Education Program. For purposes of the transportation

plan required under TEC 37.011(k)(6), an expelled student’s school district will coordinate

provision of transportation services to the Program site in event of extreme hardship, as

determined by the district, that hinders the parent/guardian’s involvement. Brazoria County

Juvenile Justice Alternative Education Program staff will be available to receive student arrivals at

7:30 a.m. The student shall be picked up at the end of the regular school day or in any event no

later than 5:00 p.m. Court assignment to the Brazoria County Juvenile Justice Alternative

Education Program for any student may result in a concurrent assignment of a minimum of 5

hours in a parenting class for the assigned student’s parent(s) or guardian(s). Such class shall be

held at the Brazoria County Juvenile Justice Alternative Education Program site in a manner that

will not intermingle any adults with minors nor otherwise violate TJJD or FERPA regulations.

Classes will include assistance in dealing with the assigned student’s behavior and parent support

structures. Parents/Guardians who fail or refuse to comply with parenting class assignment and

attendance may be subject to a contempt of court order.

9.09. The parties agree to meet at least once every semester to discuss the progress of

the Program and revise applicable Program guidelines to address any additional needs.

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X.

Review and Renewal

10.01. This interlocal cooperation agreement and memorandum of understanding for the

Brazoria County Juvenile Justice Alternative Education Program shall come under automatic

reviews among representatives of all parties during January and March of each year. The review

shall include, but not be limited to, any funding formulas or obligations by the school districts or

Brazoria County.

10.02. The term of this Agreement and MOU shall be for the 2015 – 2016 school year only,

renewable thereafter on a year-to-year basis by written consent of all parties on or before August

1 of the following year.

This agreement hereby executed as authorized by action of Brazoria County

Commissioner’s Court, the Juvenile Board, and the Board of Trustees of each of the undersigned

Independent School Districts, by and through their respective officials as subscribed below.

The Honorable Matt Sebesta, Jr. Date Signed County Judge The Honorable Marc Holder Date Signed County Court at Law No. 2 Juvenile Board __________________________________ ________________________________ Dr. James Gilcrease, Superintendent Date Signed Alvin Independent School District __________________________________ ________________________________ Dr. Pat Montgomery, Superintendent Date Signed Angleton Independent School District __________________________________ ________________________________ Danny Massey, Superintendent Date Signed Brazosport Independent School District

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__________________________________ ________________________________ Steven Galloway, Superintendent Date Signed Columbia-Brazoria Independent School District _________________________________ ________________________________ Donald Rhodes, Superintendent Date Signed Damon Independent School District _________________________________ ________________________________ Greg Anderson, Superintendent Date Signed Danbury Independent School District __________________________________ ________________________________ Dr. John P. Kelly, Superintendent Date Signed Pearland Independent School District __________________________________ ________________________________ Randy Miksch, Superintendent Date Signed Sweeny Independent School District

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Meeting Type

☒ Regular Meeting


☐ Hearing


Agenda Placement

☐ Public Hearing

☒ Open Session


☐ Recognition


☒ Consent Agenda

☐ Regular Agenda


Subject: Approve District Improvement Plan Objectives for 2015-2016

Executive Summary: The Pearland ISD District Improvement Plan (DIP) is prepared in accordance with requirements of Chapter 11, Subchapter F, of the Texas Education Code, specifically §11.251 and §11.252 as contained in Pearland ISD policies BQ(Legal) and BQA(Legal). The board shall ensure that a district improvement plan is developed, reviewed, and revised annually for the purpose of improving the performance of all students. The District Improvement Plan also serves as a budget outline for federal funding expenditures as required by NCLB. The district’s financial responsibility includes Title I, II and III program funds as well as State Compensatory Education allotments. The DIP includes how the funds are budgeted along with the number of Full Time Employees (FTE) in each of the federal programs. The 2015-2016 District Improvement Plan was developed by PISD assistant superintendents, directors, coordinators and specialists to meet the Board of Trustees’ goals and objectives. It was reviewed by the District Educational Improvement Committee and recommended for approval September 25, 2015. http://www.pearlandisd.org/files/filesystem/1516_DIP_Final.pdf Major future initiatives for our district will begin with fall and spring strategic planning which is outlined in a separate board agenda item.


☐ Recurring

☐ One-Time



☐ Grant Funds


Fiscal Year:

Amendment Required?

☐ Yes

☒ No

Superintendent’s Recommendation: That the board of trustees approves the proposed 2015-2016 District Improvement Plan Objectives.

Board of Trustees


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http://www.pearlandisd.org/files/filesystem/1516_DIP_Final.pdf

Department Submitting: Curriculum & Instruction

Requested By: Tori Landis

Cabinet Member’s Approval: Dr. Nyla Watson


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Meeting Date October 13, 2015 Meeting Type

☒ Regular Meeting


☐ Hearing


Agenda Placement

☐ Public Hearing

☒ Open Session


☐ Recognition


☒ Consent Agenda

☐ Regular Agenda


Subject: Approve Communities In Schools Partnership Agreement

Executive Summary: Pearland I.S.D. Board Policy Local CH states, “any single, budgeted purchase of goods or services that cost $75,000 or more, regardless of whether the goods or services are competitively purchased, shall require Board approval before a transaction may take place.” Communities In Schools, which is administered by the Texas Education Agency, has offered a Partnership Agreement for six PISD campuses at a cost of $15,000 per campus for a total annual cost of $90,000 for the 2015-2016 school year. The contractual agreement adds two schools to the list of those receiving services in 2015-2016. Please see the attached partnership agreement for the 2015-2016 school year.


☒ Recurring

☐ One-Time

☐ No Fiscal Impact

Funding Source: ☒ General Fund

☐ Grant Funds

☐ Other Funds

Fiscal Year:

Amendment Required?

☐ Yes

☒ No

Superintendent’s Recommendation: That the board authorizes administration to enter into the Partnership Agreement with Communities In Schools for six PISD campuses for a total annual cost of $90,000 for the 2015-2016 school year.

Department Submitting: Purchasing/Connie Hill

Requested By: Don Marshall

Cabinet Member’s Approval: Don Marshall


Board of Trustees


41

Partnership Agreement Communities In Schools

And Pearland ISD

2015- 2016

Communities In Schools is administered by the Texas Education Agency and is governed by its Rules and Regulations and the Personal Operations Manual. This Partnership Support Agreement for Services between Pearland Independent School District (PISD) and Communities in Schools (CIS), a non-profit 501 (C)(3) corporation, organized under the laws of the State of Texas, sets out to establish the relationships and responsibilities of both parties in the implementation of CIS Program Sites at Carlston Elementary, Cockrell Elementary, Jamison Middle, Lawhon Elementary, Pearland Jr. High South, and Sablatura Middle Schools within the Pearland Independent School District. It is the intent of both parties to bring the resources of CIS into PISD to attempt to facilitate the academic and personal success of students experiencing the effects of at-risk environments by providing the full range of CIS services to those students. It is the intent of both parties to maintain a cooperative, interactive, and supportive relationship among and between both PISD and CIS for the benefit of the students served. All CIS personnel, including CIS Campus Coordinators at PISD, are employees of CIS and Pearland ISD is not responsible for the payment of salaries, benefits, unemployment, worker’s compensations, etc. for these individuals. The CIS Executive Director is responsible and accountable for oversight of all CIS Project Sites within PISD. All CIS Full Time staff, Part Time staff and Interns will have TEA required background checks including fingerprinting prior to reporting for work at PISD schools. CIS will inform PISD Human Resources Department via email upon completion of the required background checks and Executive Director Approval. I. Scope of Services CIS will provide the following services to PISD:

1. Professional staffs to assist students to successfully learn, stay in school, and prepare for life. 2. Services include educational enhancement promoting a positive self image, pre-employment

skills, encouraging parental involvement, and substance abuse awareness and refusal skills. 3. Coordinating the efforts of social services to provide needed support for students and parents.

This includes assessments and referrals of PISD students to CIS partner agencies in an as-needed basis.

4. Coordination of Student Assistance Programs (SAP) and/or after-school programs as assigned by

the appropriate school principal and agreed to by CIS. 5. Other programs or services as deemed necessary and jointly agreed to by CIS and appropriate

PISD personnel.

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6. Provide management, administrative, logistical and technical support to the Project, as warranted, to ensure the success of the Project Site service delivery initiatives. The costs to CIS to provide these services at PISD for this school year are approximately $330,000. The CIS Executive Director is responsible and accountable for oversight of all CIS Project Sites within PISD.

II. Time of Performance

The terms of this Partnership Support Agreement for Services will be from September 1, 2015 through August 31, 2016. One or both parties may request modification of this Agreement at anytime. If the parties agree to the modification, an addendum incorporating the modifications will be executed by both parties. Until an addendum is executed, the terms of this agreement govern the partnership support agreement between Pearland ISD and CIS.

III. Contribution of Support

For consideration of CIS services, PISD:

1. Agrees to provide confidential office/classroom spaces with telephone and internet access for the exclusive use of CIS staff, access to copy and fax machines, necessary office furniture, office telephone, school supplies, and other equipment sufficient to facilitate the efficient delivery of CIS services at PISD.

2. Schools will provide CIS, Read Only access to the district’s student data system and data such as, but not limited, student attendance, student grades, conduct, student personal data, STAAR scores, Free/Reduced lunch eligibility, LEP designation and any other data from school records that will ensure the eligibility and effectiveness of service delivery to students and which may be pertinent and TEA reporting requirements.

3. Per CIS By-laws, Dr. John Kelly, the Superintendent of Pearland ISD, agrees to serve on the CIS

Board of Directors or will designate a school official to represent himself and PISD on the board. If the superintendent designates another school official to represent him on the CIS board, then he will serve on the CIS Board of Advisors.

3. Agrees to include CIS in PISD and Campus Improvement Plans per Texas Education Agency’s

requirements for the appropriate use of Compensatory Education funds.

4. Agrees to allow CIS to conduct Two (2) fundraisers at each CIS campus during the school year to defray the cost of unallowable items given to students. All campuses will retain 90% of all revenues to provide supplies and services to students.

5. Agrees to support CIS by paying a sum of Ninety Thousand dollars ($90,000) for the delivery of services to Carlston Elementary, Cockrell Elementary, Jamison Middle, Lawhon Elementary, Pearland Jr. High South, and Sablatura Middle Schools for the 2015 – 2016 school year in accordance with the terms of this agreement.

Pearland Independent School District Communities in Schools _______________________________________ _______________________

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