HISD Board of Education Meeting Agenda for December 12, 2013

THE HOUSTON INDEPENDENT SCHOOL DISTRICT

AGENDA

Board of EducationMeeting

December 12, 2013


BOARD OF EDUCATION

Agenda Index

A. Superintendent’s Priority Items

B. Board of Education

C. Closed Session (Closed to Public)

D. Academic Services

E. School Support

F. Student Support

G. Human Resources

H. Business Operations

I. Finance

J. Other

K. Policy

MEMBERS OF THE BOARD OF EDUCATION

Anna Eastman, President Juliet Stipeche, First Vice President

Manuel Rodriguez, Jr., Second Vice President Rhonda Skillern-Jones, Secretary

Michael Lunceford, Assistant Secretary Paula M. Harris

Lawrence Marshall Greg Meyers

Harvin C. Moore

Terry B. Grier, Ed.D., Superintendent of Schools


BOARD OF EDUCATION AGENDADecember 12, 2013

Table of Contents

A-1. SUPERINTENDENT'S INFORMATION ITEMSA-1a Investment ReportA-1b Board Monitoring Update On Percent Of Students At Or Above Standard On The SAT/ACT Reading And Math Sections Combined

BMS Scorecard and SAT/ACT Benchmarks Report

A. SUPERINTENDENT'S PRIORITY ITEMS

B. BOARD OF EDUCATIONB-2 Announcement Of Required Board Member Continuing Education B-3 Appointment of Houston Independent School District Representatives to the Tax Increment Reinvestment Zone Boards of Directors

C-2. PERSONNEL (CLOSED TO PUBLIC)

C-3. LEGAL MATTERS (CLOSED TO PUBLIC)

C-4. REAL ESTATE (CLOSED TO PUBLIC)

D. ACADEMIC SERVICESD-1 Approval Of Current And Anticipated Donations For Districtwide And School-Specific Programs And Authorization To Negotiate, Execute, And Amend Necessary Contracts Associated With These Donations

Attachment For Acceptance Of DonationsD-2 Acceptance Of Grant Funds In Support Of Districtwide And School-Specific Programs And Authorization To Negotiate And Execute Contracts Required Under The Grants

Attachment For Acceptance Of Grants The Meadows Foundation Campus List

D-3 Authority To Negotiate An Addendum To The Executed Agreement With Houston Community College To Support The >Futures Academy ProgramD-4 Approval Of Budget And Authority To Negotiate And Execute Agreements For A Digital Teaching And Learning Platform

Detailed DTP Budget

E. SCHOOL SUPPORTE-1 Approval To Change The Name Of Garden Oaks Elementary School To Garden Oaks MontessoriE-2 Approval Of Payments Under An Incentive Program For Students Retesting On State End Of Course Exams And Recovering Credit

Allocation of Incentive Program

F.STUDENT SUPPORTF-1 Approval Of Donation Of Funds Raised By The Students At Mirabeau B. Lamar High School To Support The Pilipino Educational SystemF-2 Approval Of The 2014-2015 School Calendar

Draft 2014-2015 Academic Calendar

G. HUMAN RESOURCESG-1 Consideration And Approval Of A Voluntary Early Notification Program For Teachers And Campus Leadership

H. BUSINESS OPERATIONSH-1 Authority To Negotiate, Execute, And Amend All Construction Manager-At-Risk Contracts

Construction Manager-At-Risk RecommendationsH-2 Approval Of Adjustment In The Budget And Construction Contingency Allowance And Authority To Negotiate, Execute, And Amend All Necessary Contracts For The Renovation Of Harvard Elementary SchoolH-3 Authority To Establish Budgets And To Negotiate, Execute, And Amend Contracts With Design Firms

I. FINANCEI-1 Approval Of Consultant And Professional-Service Contracts

Consultant RequestsI-2 Approval Of Vendor Awards For Purchases Over $100,000 And Ratification Of Vendor Awards For Purchases Under $100,000

Purchasing RequestsI-3 Authority To Negotiate And Execute Renewal Contract With Linebarger, Goggan, Blair & Sampson, L.L.P., For Delinquent Tax Collection ServicesI-4 Approval Of 2013 Tax Roll

Certified Appraisal Roll Notification Letter

J. OTHERJ-1 Approval Of Budget For Information Technology And Authority To Negotiate And Execute Agreements As Appropriate

K. POLICYK-1 Proposed Establishment Of Board Policy DBAA(LOCAL), Employment Requirements And Restrictions: Criminal History And Credit Reports And Revisions To Board Policy DC(LOCAL), Employment Practices-Second Reading

DBAA(LOCAL), 2nd Reading DC(LOCAL), 2nd Reading

K-2 Approval To Amend Board Policy FL(LOCAL), Student Records, To Provide Directory Information To Public Elected Officials And Alumni Groups Upon Request-Second Reading

FL(LOCAL), 2nd ReadingK-3 Proposed Revisions To Board Policy GF(LOCAL), Public Complaints-First Reading

GF(LOCAL), 1st ReadingK-4 Proposed Revisions To Board Policy DFBB(LOCAL), Term Contracts: Nonrenewal-First Reading

DFBB(LOCAL), 1st ReadingK-5 Proposed Revisions To Board Policy DFE(LOCAL), Termination Of Employment: Resignation-First Reading

DFE(LOCAL), 1st ReadingK-6 Proposed Revisions To Board Policy DGBA(LOCAL), Personnel-Management Relations: Employee Complaints/Grievances-First Reading

DGBA(LOCAL), 1st ReadingK-7 Proposed Revisions To Board Policy FNG(LOCAL), Student Rights And Responsibilities: Student And Parent Complaints/Grievances-First Reading

FNG(LOCAL), 1st ReadingK-8 Proposed Revisions To Board Policy CW(LOCAL), Naming Facilities-First Reading

CW(LOCAL), 1st Reading

REPORT FROM THE SUPERINTENDENT

Office of Superintendent of SchoolsBoard of Education Meeting of December 12, 2013

SUBJECT: INVESTMENT REPORT

Section 2256 of the Government Code requires that the Board-designated investment officers prepare and submit to the Board of Education, not less than quarterly, a written report of investment transactions for all funds covered by the act for the preceding quarter.

The quarterly investment report for the quarter ending September 30, 2013 for fiscalyear 2013–2014 contains portfolio composition and maturity schedules for all funds, as well as beginning and ending book and market values for each fund’s investments.

The report for this quarter also contains a statement that the 83rd Texas Legislature made no changes to the Public Funds Investment Act.

HISD’s investments are governed by the Board-approved Cash Management and Investment Policy. All investments purchased meet the three basic tenets included in policy: investment safety, investment liquidity, and investment yield. All investments are held to maturity. HISD does not invest on a speculative basis.

This report also contains a compliance letter signed by the Chief Financial Officer, the Controller, and the Treasurer, who have all been designated by the Board of Education as the district’s investment officers for the day-to-day management of HISD’s cash and investment position.

A-1a

REPORT FROM THE SUPERINTENDENTOffice of Superintendent of SchoolsBoard of Education Meeting of December 12, 2013

SUBJECT: BOARD MONITORING UPDATE ON PERCENT OF STUDENTS AT OR ABOVE STANDARD ON THE SAT/ACT READING AND MATH SECTIONS COMBINED

The Houston Independent School District (HISD) exists to strengthen the social and economic foundation of Houston by assuring its youth the highest-quality elementary and secondary education available anywhere. In fulfilling this goal, the HISD Board of Education has designed the framework for the systematic monitoring of the district's goals.

Following are the specific, actionable measures provided to the Board of Education on an annually recurring basis for ongoing monitoring and trend reporting in the areas of rigorous education in reading and math, consistency, and safety with the intent to provide a holistic view of the district. As data is received into the district, data attributes are populated.

Attached to this update is an Executive Summary containing supporting evidence of district progress for the 2012–2013 school year, specifically for the percent of students at or above standard on the SAT/ACT Reading & Math Sections Combined.After final print of the agenda, Figure 3 on page 2 of 2 was revised to change the state Class of 2011 and 2012 average scores from 20.8 to 20.5; Figure 4 on page 2 of 2 was revised to change the state Class of 2012 average score from 1434 to 1422. This report addresses Rigorous Education: College and Career Readiness.

REVISED12/06/13

A-1b

Student Achievement 2010-2011 2011-2012 2012-2013Percent of Students at Level III - Advanced Academic Performance STAAR Standard Reading

Percent of Students at Level III - Advanced Academic Performance STAAR Standard Math

Percent of Students at Level II - Satisfactory Academic Performance STAAR Standard Reading

Percent of Students at Level II - Satisfactory Academic Performance STAAR Standard Math

Percent of Students at Level I - Unsatisfactory Academic Performance STAAR Standard Reading

Percent of Students at Level I - Unsatisfactory Academic Performance STAAR Standard Math

Percent of Students at Level III - Advanced Academic Performance STAAR EOC Reading

Percent of Students at Level III - Advanced Academic Performance STAAR EOC Math

Percent of Students at Level II - Satisfactory Academic Performance STAAR EOC Reading

Percent of Students at Level II - Satisfactory Academic Performance STAAR EOC Math

Percent of Students at Level I - Unsatisfactory Academic Performance STAAR EOC Reading

Percent of Students at Level I - Unsatisfactory Academic Performance STAAR EOC Math

Percent of Students at or above 50th percentile on Norm Reference Test in Grades K-5 Reading

Percent of Students at or above 50th percentile on Norm Reference Test in Grades K-5 Math

Percent of Students at or above 50th percentile on Norm Reference Test in Grades 6-8 Reading

Percent of Students at or above 50th percentile on Norm Reference Test in Grades 6-8 Math

Districtwide EVAAS Scores in Reading Reading

Districtwide EVAAS Scores in Math Math

College and Career Readiness:% Students Enrolling in Higher Education Within 1 Year of High School Graduation

% Students at or above standard on the SAT/ACT Reading & Math Sections Combined

% Students at or above benchmark score on the PSAT

Graduation & DropoutFour-Year Cohort Graduation Rate

Percent of Students (in a High School Cohort) Who Dropped Out

Perception Survey - Rigorous EducationPercent of Parents Satisfied with Rigorous Education

Percent of Students Who Feel Challenged with Coursework

StudentsPercent of Students Satisfied with Teachers Having High Expectations

ParentsPercent of Parents Satisfied with Consistent Education

Teachers Percent of Highly Effective Teachers Who are Retained

Percent of Ineffective Teachers Who are Exited

PrincipalsPercent of Principals Satisfied with Central Office Services

Levels of Offenses# of Level III Offenses - Suspension/Optional Removal to Disciplinary Alternative Education Program

# of Level IV Offenses - Required Placement in a Disciplinary Alternative Education Program

# of Level V Offenses - Expulsion for Serious Offenses

# of Number of Bullying Incidents

Perception Survey - Safety and EnvironmentPercent of Parents Satisfied with Safety

Percent of Parents Satisfied with Environment

Percent of Students Satisfied with Safety

Percent of Students Satisfied with Environment

Percent of Teachers Satisfied with Safety

Percent of Teachers Satisfied with Environment

Percent of Principals Satisfied with Safety

Percent of Principals Satisfied with Environment

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2012-2013 School Year

(2011-12 Data Updated)

(2011-12 Data Updated)

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

15.2 17.412.912.470.171.267.168.229.928.832.931.812.46.117.913.2655978.279354121.82153.554.755.662.162.767.237.139.539.655.956.261.50.30.11.90.2-0.92.8

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21.413.613.8

81.781.211.310.8

9270

88

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87.687.290.924.420.318

65

5,9174,9875,8841,1091,1731,286536887139125151

86897472777094

As-Of Date:December 12, 2013

90

Attachment A-1bREVISED 12/06/13

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14.8

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Purpose The Houston Independent School District (HISD) exists to strengthen the social and economic foundation of Houston by assuring its youth the highest-quality elementary and secondary education available anywhere. In fulfilling this goal, HISD's Board of Education has designed a program to systematically monitor the district’s goals and core values. The following results inform the progress of the district as it relates to rigorous education, specifically the percent of students at or above standard on the SAT/ACT reading & math sections combined. Board Monitoring Scorecard

Rig

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tion

Student Achievement: College and Career Readiness 2010-2011 2011–2012

% of students at or above standard on the SAT/ACT Reading & Math Sections Combined 20.0% *14.8%

* The 2010-2011 indicator did not include SAT School-Day Testing writing and therefore is not comparable with the 2011-2012 indicator that does include SAT School-Day testing writing. The percent of students at or above standard on the SAT/ACT reading, and math and writing sections combined is reported by the Texas Education Agency (TEA) in the Texas Academic Performance Report (TAPR) which replaced the Academic Excellence Indicator System (AEIS) in 2013. In 2013, the Texas Education Agency changed the SAT indicator to include SAT writing. Therefore, the 2010-2011 SAT indicator is not comparable with the 2011-2012 SAT indicator.

Findings Although there is no comparison for the current indicator, our performance relative to the state and Region 4 is shown in Figure 1. In reviewing the data it is evident that our performance, in part, is lower than the state and the region because the district continues to test more students (see Figure 2). The class of 2012 is also the first class of students to include the results of SAT School-Day testing. The impact of the additional SAT testers can be seen in Figure 4.

Board Monitoring System: SAT/ACT Benchmarks

EXECUTIVE SUMMARY

of 2

.

Administrative Response

HISD contracted with the Andover Company for SAT prep materials. Almost all juniors and some seniors are being exposed to these materials as a regular part of their instruction, year-long.

The re-energized focus on helping students prepare and feel more comfortable with the SAT is expected to also improve participation rates.

The change of the SAT School-Day testing to April from February should also provide an opportunity to better prepare students.

A number of schools were also piloting SAT labs, taking their cue from the success of the grad labs.

There was an increase in the number of juniors tested in the 2013 SAT school-day test which should translate into increased numbers of students for the class of 2014 having test results.

With a change to the STAAR graduation requirements and an increase in academic rigor, the expectations are that this should translate into improved performance for the class of 2015.

Class of 2012

HISD 14.8

Region 4 25.7

State 24.9

0

10

20

30

Figure 1. SAT/ACT Percent at or Above Criterion

HISD Region 4 State

Class of 2011 Class of 2012

HISD 75.2 99.8

Region 4 69.3 70.9

State 68.9 66.9

50 60 70 80 90

100

Figure 2. SAT/ACT Percent of Class Tested

HISD Region 4 State

19.6

20.5 20.5 20.5 20.5

20.9

18.5

19

19.5

20

20.5

21

Class of 2011 Class of 2012 Class of 2013

Figure 3. Average ACT Scores

HISD State

1355

1255 1253

1446 1422 1437

1150

1200

1250

1300

1350

1400

1450

1500

Class of 2011 Class of 2012 Class of 2013

Figure 4. Average SAT Scores

HISD State

Office of Board of EducationBoard of Education Meeting of December 12, 2013

Anna Eastman, President

SUBJECT: ANNOUNCEMENT OF REQUIRED BOARD MEMBER CONTINUING EDUCATION

In accordance with Chapter 61, Subchapter A, §61.1, an announcement as to the status of board members’ continuing education must be made at the last regular board meeting of the calendar year by the board president.

The annual continuing education assessment is on file with the Board Services Office.

COST/ FUNDING SOURCE(S): The total cost is estimated to be $67,500 and will be funded by local funds(GF1-4199-41-6419-404-99-999-999)

STAFFING IMPLICATONS: None

ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and aligns to Core Initiative 6: Culture of Trust through Action

THIS ITEM DOES NOT REQUIRE CONSULTATION

THIS ITEM DOES NOT ESTABLISH, MODIFY, OR DELETE BOARD POLICY.

RECOMMENDED: That the Board of Education announce the required board member continuing education, effective December 13, 2013.

B-2

Office of Board of EducationBoard of Education Meeting of December 12, 2013

Anna Eastman, President

SUBJECT: APPOINTMENT OF HOUSTON INDEPENDENT SCHOOL DISTRICTREPRESENTATIVES TO THE TAX INCREMENT REINVESTMENT ZONE BOARDS OF DIRECTORS

The Houston Independent School District (HISD) participates in 16 tax increment reinvestment zones (TIRZ) with the City of Houston. As a participant, HISD is entitled to appoint a representative to the board of directors of each zone, upon their director’s term expiration.

This agenda item is to authorize re-appointment of the following people for a two-year term of service to the City of Houston’s TIRZ Board of Directors:

C. Giovanni Garibay TIRZ Zone 2 (Mid Town) Rafael Medrano TIRZ Zone 8 (Gulfgate) Brian Cannell TIRZ Zone 12 (City Park) Monica Savino TIRZ Zone 13 (Old Sixth Ward)

COST/FUNDING SOURCE(S): None

STAFFING IMPLICATIONS: None

ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and aligns with Core Initiative 5:Culture of Trust through Action

THIS ITEM DOES NOT REQUIRE CONSULTATION.


RECOMMENDED: That the Board of Education approve appointments of HISD Representatives to the TIRZ Board of Director positions for Tax Increment Reinvestment Zones 2, 8, 12, and 13, effective December 13, 2013.

B-3

Office of Superintendent of Schools Board of Education Meeting of December 12, 2013

Office of Academic ServicesDaniel Gohl, Chief Academic Officer

SUBJECT: APPROVAL OF CURRENT AND ANTICIPATED DONATIONS FOR DISTRICTWIDE AND SCHOOL-SPECIFIC PROGRAMS AND AUTHORIZATION TO NEGOTIATE, EXECUTE, AND AMEND NECESSARY CONTRACTS ASSOCIATED WITH THESE DONATIONS

In accordance with board policy, all donations in aggregate of $5,000 or more mustbe approved by the Houston Independent School District’s (HISD’s) Board ofEducation.

The attachment reflects a summary of proposed donations.

COST/FUNDING SOURCE(S): Shown on the attached list.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1:Increase Student Achievement and isaligned with Core Initiative 3: RigorousInstructional Standards and Supports.



.

RECOMMENDED: That the Board of Education accept the proposed donations fordistrictwide and school-specific programs and authorize the superintendent or a designee to negotiate, execute, and amend necessary contracts, effective December 13, 2013.

D-1

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SUMMARY OF DONATIONS GREATER THAN $5,000Donor Receiving School/

DepartmentDonation Disbursement Total Value of

DonationBudget String

Justin Gordon Homes Stevens Elementary $12,000 SR1-51-6639-245-99-YY7-YY7

Justin Gordon Homes is donating funds to build a marquee for Stevens Elementary. This sign will announce upcoming events that are easily read and can be changed instantaneously.

Red Elementary Parent Teacher Organization

Red Elementary School $28,718 SR1-11-6632-224-10-YY7-YY7

These funds will be used to provide 25 additional computer laptops and a mobile cart to meet the growing technological needs at Red ES.

Edmodo Houston Independent School District Information Technology/Education Solutions

$5,000 (In-kind Store Credit)

NA

These funds will be used for educational applications from the Edmodo App Store to be used by teachers with their students.

Total Value of Donations - $45,718

Attachment D-1



SUBJECT: ACCEPTANCE OF GRANT FUNDS IN SUPPORT OF DISTRICTWIDE AND SCHOOL-SPECIFIC PROGRAMS AND AUTHORIZATION TO NEGOTIATE AND EXECUTE CONTRACTS REQUIRED UNDER THE GRANTS

In accordance with board policy, all grant funds in aggregate of $5,000 or more mustbe approved by the Houston Independent School District’s (HISD’s) Board ofEducation.

The attachment reflects a summary of grants awarded to HISD.

COST/FUNDING SOURCE(S): Shown on the attached list.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1:Increase Student Achievement and isaligned with Core Initiative 3: RigorousInstructional Standards and Supports.



RECOMMENDED: That the Board of Education accept the proposed grant fundsfor districtwide and school-specific programs and authorize the superintendent of schools or designee to negotiate and execute contracts required under the grants, effective December 13, 2013.

D-2

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SUMMARY OF GRANTS GREATER THAN $5,000Grantor Receiving School/

DepartmentGrant Disbursement Total Value of

GrantBudget String

Ohio State University Houston Independent School District (HISD) Alternative Certification Program

Research Subaward Agreement

$64,586 SR1-13-6119-693-99-DR6-DR6

Ohio State University, in partnership with HISD, will implement the mNET (Mobilizing National Educator Talent) program. mNET is an innovative, nontraditional, national teacher preparation program designed to help individuals attain full state certification as core academic teachers in high-need, hard-to-staff school districts. These funds will be used to support mNET teachers, who serve for at least three years in either a P–12 public school district or an independent or charter school.

Whole Foods Market Gregory-Lincoln Education Center

$5,941 SR1-11-6399-058-10-WF5-WF5

These funds will be used to support the culinary and gardening program at the school.

Meadows Foundation, Inc. Select HISD campuses $8,000 See attached detailed budget.

The Meadows Foundation initiated its Awards for Charitable School Projects in 1981 to encourage and support youth volunteerism. Through participation in the program, students develop leadership skills and a sense of personal responsibility for the welfare of others. The program challenges high school and middle school students to engage in community service programs and provides cash awards to schools that complete projects planned and executed by the students.

Total Value of Grants - $78,527

Attachment D-2

Detailed budget forThe Meadows Foundation

Donor Recipient Budget String Amount

The Meadows Foundation

Chavez HS SR1 61-6399-027-99-ME3-ME3 $500


Clifton MS SR1 61-6399-048-99-ME3-ME3 $500


East Early MS SR1 61-6399-345-99-ME3-ME3 $500


Eastwood Academy SR1 61-6399-301-99-ME3-ME3 $500


Grady MS SR1 61-6399-068-99-ME3-ME3 $500


Harper Alternative SR1 61-6399-094-99-ME3-ME3 $500


HS Ahead Academy SR1 61-6399-456-99- ME3-ME3 $500


Long Academy SR1 61-6399-059-99-ME3-ME3 $500


North Houston Early College

SR1 61-6399-308-99-ME3-ME3 $500


Sharpstown HS SR1 61-6399-023-99-ME3-ME3 $500


South Early College SR1 61-6399-486-99-ME3-ME3 $500


The Rice School SR1 61-6399-080-99-ME3-ME3 $500


Waltrip HS SR1 61-6399-015-99-ME3-ME3 $500


Worthing HS SR1 61-6399-019-99-ME3-ME3 $500


Yates HS SR1 61-6399-020-99-ME3-ME3 $500


Young Men's College Prep

SR1 61-6399-458-99-ME3-ME3 $500

Total Cost: $8,000

Attachment D-2

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SUBJECT: AUTHORITY TO NEGOTIATE AN ADDENDUM TO THE EXECUTED AGREEMENT WITH HOUSTON COMMUNITY COLLEGE TO SUPPORT THE >FUTURES ACADEMY PROGRAM

On February 9, 2012, the Houston Independent School District (HISD) Board ofEducation created the Houston Innovative Learning Zone (HiLZ) program andappropriated $4,909,298 over four years to support said program. In April 2013, the program was renamed the >Futures Academy. The program enables students at seven HISD campuses to fulfill high school graduation requirements whilesimultaneously earning industry certifications, college credits, and either an Associate of Applied Science degree or an Associate of Science degree by August after their senior year. >Futures Academy graduates will be qualified for entry into high-demand, high-growth jobs in several of Houston’s most thriving industries, including medicine, shipping, energy, manufacturing, and computer technology.

The >Futures Academy campuses include the Academy of Engineering Technology at Ebbert Furr High School, the Academy of Process Technology at Kashmere High School, the Academy of Pharmacy Technology at Jane Long High School, the Academy of Network and Computer Administration at George Scarborough High School, the Academy of Logistics and Global Supply at Ross Sterling High School, the Academy of Manufacturing Engineering Technology at Booker T. WashingtonHigh School, and the Academy of Health Science Careers at Westside High School.

Houston Community College will provide the district with college-credentialed facultyfor career and technical education as well as core education courses which serve the >Futures Academy programs. In addition, interactive online supplementalcourses will be offered using a blended instructional model throughout the academies.

COST/FUNDING SOURCE(S): $1,974,701(GF1-11-6299-942-74-291-291)$32,200 (SR1-13-6299-670-74-AV2-AV2).


D-3

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ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1:Increase Student Achievement and isaligned to Core Initiative 3: RigorousInstructional Standards and Supports.



RECOMMENDED: That the Board of Education approve authority to negotiate an addendum to the executed agreement with Houston Community College to provide services related to the >Futures Academy program, effective December 13, 2013.



SUBJECT: APPROVAL OF BUDGET AND AUTHORITY TO NEGOTIATE AND EXECUTE AGREEMENTS FOR A DIGITAL TEACHING AND LEARNING PLATFORM

As part of the district’s quest for digital transformation and twenty-first centurylearning, a cross-functional group representing Curriculum & Instructional, Assessment, Instructional Technology, Information Technology, and campus-based staff members issued a request for proposals (RFP) seeking digital teaching platform solutions to facilitate personalized learning. The administration utilized a two-step process in selecting a vendor. Step one involved an initial RFP. Step tworequested product demonstrations highlighting personalized learning capabilities. Based on the State of Texas vendor selection criteria, itslearning© was selected.

Approval of this item will authorize the superintendent of schools or a designee tonegotiate and execute a contract in an amount not to exceed the overall project budget. Additional contracted staff members will be used during the initial implementation phase for system configurations such as migration of curriculum content and the like. A detailed budget breakdown is attached.

COST/FUNDING SOURCE(S): Cost shall not exceed $ X,XXX,XXX (GF1-11-6X00-XXX-41-XXX-XXX)$ 6,719,350 (GF1-53-6X00-689-99-040-999) which will come from the General Fund unassigned fund balance.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1: Increase Student Achievement and is aligned to Core Initiative 4: Data-Driven Accountability.



REVISED12/06/13

D-4

RECOMMENDED: That the Board of Education approve the budget and authorize the superintendent of schools or a designee to negotiate and execute an agreement for a digital teaching and learning platform, effective December 13, 2013.

Detailed Budget Personalized Digital Teaching & Learning Platform

School Year 2013-2014

The funding request breaks down as follows:

Budget String

Object DescriptionBudget String Amount

Contracted ServicesGF1-XX-6200-XXX-XX-XXX-XXX

GF1-53-6X00-689-99-040-999

$ 6,259,000

$6,008,500

General SuppliesGF1-XX-6300-XXX-XX-XXX-XXX

GF1-53-6X00-689-99-040-999$ 100,000

Other Operational Cost

Project Contingency

GF1-XX-6400-XXX-XX-XXX-XXX

GF1-53-6X00-689-99-040-999

$ -

$ 610,850

Total$ 6,359,444

$ 6,719,350

Attachment D-4REVISED 12/06/13

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Office of School SupportAndrew Houlihan, Chief School Support Officer

SUBJECT: APPROVAL TO CHANGE THE NAME OF GARDEN OAKS ELEMENTARY SCHOOL TO GARDEN OAKS MONTESSORI

The purpose of this agenda item is to seek the Houston Independent School District (HISD) Board of Education’s approval to rename Garden Oaks Elementary Schoolas Garden Oaks Montessori.

Garden Oaks Elementary School serves students from grade pre-kindergarten-threeto grade eight. Changing the name of the school to Garden Oaks Montessori would reflect the school’s efforts over the past few years to transition from a traditional school with a small Montessori program to an all-campus Montessori school through funding provided by the federal Magnet Schools Assistance Program Grant. Further, the campus was recognized nationally by the Magnet Schools of America as a Magnet School of Distinction.

Parents and community members, as well as school administrators and teachers,propose renaming the school with a name that represents the school's culture and future and one that aligns with the names of the other public Montessori schools within HISD. The school’s shared-decision-making committee consisting of teachers, non-instructional staff members, parents, and community and business representatives has also endorsed the new name for the school. The committeevoted unanimously to recommend Garden Oaks Montessori as the new name for the school. Supporting documents are on file in Board Services.



ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and HISD Goal 6: Create a Positive District Culture, and is aligned to Core Initiative 5: Culture of Trust through Action.



E-1

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RECOMMENDED: That the Board of Education approve the name change of Garden Oaks Elementary School to Garden Oaks Montessori, effective December 13, 2013.


Office of School SupportAndrew Houlihan, Chief School Support Officer

SUBJECT: APPROVAL OF PAYMENTS UNDER AN INCENTIVE PROGRAM FOR STUDENTS RETESTING ON STATE END OF COURSE EXAMS AND RECOVERING CREDIT

This agenda item seeks approval for incentive payments to encourage the successful testing and passing of state-required end of course (EOC) tests and to encourage students to successfully complete credit recovery courses.

Students who met the Level II (passing) requirement for an EOC test on the July 2013 administration or who successfully recovered credit during the summer of 2013 had their names entered into a drawing, with a separate entry for each successful test or course.

Most comprehensive schools were each allocated $2,500 while smaller schools were joined for one $2,500 pot. (See the attachment for allocation of incentive money.) If they wanted, schools were allowed to divide the incentive allocation into smaller pay-outs, to allow more winners to be picked. On the first day of the 2013–2014 school year, campuses drew one or more names at random.

COST/FUNDING SOURCE(S): GF1-11-6499-XXX-11110-E1/S1-111


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1: Increase Student Achievement, and is aligned to Core Initiative 3: Rigorous Instructional Standards and Supports.



RECOMMENDED: That the Board of Education approve the payment of incentive funds to students as part of an effort to encourage greater and more successful student participation in meeting graduation requirements, effective December 13, 2013.

REVISED12/09/13

E-2

Campuses Tests Students Campuses Tests Students

Allocation Of Incentive Program For Students Retesting On State EOC

Exams And Recovering Credit

Campuses Tests Students Campuses Tests Students

Austin H S #001 1,231 230 Carnegie Vangua #322 11 2

Bellaire H S #002 876 161 Challenge Early #323 16 1

Chavez H S #027 2,007 360 Debakey H S For #026 10 2

Davis H S #003 947 177 East Early Coll #345 21 0

Furr H S #004 369 63 Eastwood Academ #301 16 3

Houston Math Sc #310 1,185 276 Empowerment Col #325 13 3

Jones H S #006 381 91 Houston Academy #348 58 4ools

hools

Jones H S #006 381 91 Houston Academy #348 58 4

Kashmere H S #007 390 95 Jordan H S #033 256 44

Lamar H S #008 716 113 Law Enfcmt‐crim #034 92 9

Lee H S #009 687 155 Long Academy #059 106 9

Madison H S #010 1,418 298 North Houston E #308 77 6

Milby H S #011 1,366 278 Perfor & Vis Ar #025 32 3

Reagan H S #012 910 162 Reach Charter #349 3 2

Scarborough H S #024 431 94 Sharpstown Inte #081 162 23nsive High Scho

Specialty Sch

Sca bo oug S 0 3 9 S a psto te 08 6 3

Sharpstown H S #023 681 181 Young Men's Col #458 8 0

Sterling H S #014 715 140 Young Women's C #463 28 4

Waltrip H S #015 791 165 Total 909 115

Washington B T #016 588 127 # of schools / Cost 16 2,500$

Westbury H S #017 1,296 285

Westside H S #036 776 131

Wheatley H S #018 674 153

Comprehen

y

Worthing H S #019 531 112

Yates H S #020 632 137

Total 19,598 3,984

# of schools / Cost 23 57,500$

9th Grade Students

Total Cost: 60,000$

9th Grade Students

Needing to Retest

For each EOC a student passes, he/she will have his/her name entered into the drawing for a single $2,500 prize. Each comprehensive high school will receive $2,500 as incentive money. All speciality school students will be entered in a single drawing for $2,500.

For each EOC a student passes, he/she will have his/her name entered into the drawing for a single $2,500 prize. Each comprehensive high school will receive $2,500 as incentive money. All speciality school students will be entered in a single drawing for $2,500.

Attachment E-2NEW 12/04/13

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Office of Student SupportMark Smith, Chief Student Support Officer

SUBJECT: APPROVAL OF DONATION OF FUNDS RAISED BY THE STUDENTS AT MIRABEAU B. LAMAR HIGH SCHOOL TO SUPPORT THE PILIPINO EDUCATIONAL SYSTEM

As stated in the International Baccalaureate (IB) Mission Statement, IB aims to develop inquiring, knowledgeable, and caring young people who help to create a better and more peaceful world through intercultural understanding and respect.

To support this goal the school has participated in several helping hands projects. In 2008, Lamar High School (an IB World School), its feeder pattern schools, and other IB World Schools collected money that was later donated to the Galveston Independent School District after the damage caused by Hurricane Ike. In January 2012, the school raised and donated money to a charity called “charity: water” for the purpose of building a well that would provide clean water to communities in foreign countries that were in dire need of clean drinking water. In January 2013, the school raised and donated money to Kiwanis International, which then gave the collected funds to UNICEF to assist efforts to eradicate maternal-neonatal-tetanus globally through vaccinations.

Lamar students propose to do a similar project in January 2014. The student leadership class is requesting the Houston Independent School District (HISD) Board of Education’s approval to raise funds to donate to IB Asia to assist the Pilipino educational system and the five million children it serves affected by Super Typhoon Haiyan. The students have set a goal to raise $15,000.

COST/FUNDING SOURCE(S): The cost is estimated to be $15,000 to be funded through funds raised by the students at Lamar High School.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and HISD Goal 6: Create a Positive District Culture and is aligned to Core Initiative 5: Culture of Trust through Action.

.

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RECOMMENDED: That the Board of Education approve the donation of funds raised by the students at Lamar High School to support thePilipino educational system, effective December 13, 2013.

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Office of Student SupportMark Smith, Chief Student Support Officer

SUBJECT: APPROVAL OF THE 2014–2015 SCHOOL CALENDAR

This item seeks approval of the Houston Independent School District (HISD) 2014–2015 school calendar. The calendar was developed on November 19, 2013, by the calendar committee which is made up of parents, community members, teachers, principals, employee-organization representatives, and administrators from the central office.

In developing the calendar, the calendar committee reviewed and confirmed the following five guiding principles, which were initially established in 2007:

Maximize the number of instructional days prior to testing Align the K–12 calendar to higher education calendars Extend the second semester to account for the number of instructional days

used for testing Establish a two-week winter break Recognize traditional HISD holidays

The features of the proposed 2014–2015 calendar include: 175 days of instruction and twelve service/preparation days for teachers August 25, 2014, as the first day of instruction for students and May 28, 2015,

as the last day of instruction for students Five early dismissal days: September 24, October 29, and November 19,

2014, and January 28 and February 25, 2015. The following holidays:

o Labor Day: September 1, 2014o Fall Holiday: October 3, 2014o Thanksgiving: November 26–28, 2014o Winter Break: December 22, 2014–January 2, 2015o Martin Luther King, Jr., Holiday: January 19, 2015o Spring Break: March 16–20, 2015o Spring Holiday: April 3, 2015o Memorial Day: May 25, 2015

The proposed calendar for school year 2014–2015 is attached.

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ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1: Increase Student Achievement and is not aligned to a core initiative, but is ministerial for compliance purposes only.

THIS ITEM DOES REQUIRE CONSULTATION.


RECOMMENDED: That the Board of Education approve the HISD 2014–2015school calendar, effective December 13, 2013.

S M T W T F S S M T W T F S S M T W T F S

1 2 3 4 5 1 2 1 2 3 4 5 6

6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13

13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20

20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27

27 28 29 30 31 24 25 26 27 28 29 30 28 29 3031


1 2 3 4 1 1 2 3 4 5 6

5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13

12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20

19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27

26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 3130


1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7

4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14

11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21

18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28

25 26 27 28 29 30 31 29 30 31

APRIL 2015 MAY 2015 JUNE 2015

OCTOBER 2014 NOVEMBER 2014 DECEMBER 2014

JANUARY 2015 FEBRUARY 2015 MARCH 2015

DRAFT 2014-2015 Academic CalendarHouston Independent School District

SEPTEMBER 2014AUGUST 2014JULY 2014


1 2 3 4 1 2 1 2 3 4 5 65 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13

12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 2019 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 2726 27 28 29 30 24 25 26 27 28 29 30 28 29 30

31

Key HolidaysHolidays September 1, 2014 Labor DayEarly Dismissal Days (2 1/2 hours early) October 3, 2014 Fall HolidayTeacher Service Days November 26-28, 2014 ThanksgivingTeacher Preparation Days December 22, 2014-January 2, 2015 Winter BreakMake-up Days (if needed) January 19, 2015 Martin Luther King, Jr. Day

March 16-20, 2015 Spring BreakApril 3, 2015 Spring HolidayMay 25, 2015 Memorial Day

Significant Dates Grading PeriodsAugust 11, 2014 Teachers report to work 6 Cycles Report Card DatesAugust 25, 2014 First day of school Aug 25-Oct 2 28 days October 10, 2014December 19, 2014 Last day of first semester Oct 6-Nov 7 25 days November 14, 2014January 6, 2015 First day of second semester Nov 10-Dec 19 27 days January 9, 2015May 28, 2015 Last day of school Jan 6-Feb 13 28 days February 20, 2015May 29, 2015 Last day for teachers Feb 16-Apr 2 29 days April 10, 2015

Apr 6-May 28 38 days May 28, 2015 ES/MSJune 2, 2015 HS

April 3 and May 25 are make-up days 4 CyclesPrekindergarten Grading Periods Aug 25-Oct 24 43 days October 31, 20143 Cycles Report Card Dates Oct 27-Dec 19 37 days January 9, 2015Aug 25-Nov 7 53 days November 14, 2014 Jan 6-Mar 13 48 days March 27, 2015Nov 10-Feb 13 55 days Feburary 20, 2015 Mar 23-May 28 47 days May 28, 2015 ES/MS

APRIL 2015 MAY 2015 JUNE 2015

Nov 10-Feb 13 55 days Feburary 20, 2015 Mar 23-May 28 47 days May 28, 2015 ES/MSFeb 16-May 28 67 days May 28, 2015 June 2, 2015 HS

Attachment F-2

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Office of Human ResourcesRodney Watson, Chief Human Resources Officer

SUBJECT: CONSIDERATION AND APPROVAL OF A VOLUNTARY EARLY NOTIFICATION PROGRAM FOR TEACHERS AND CAMPUS LEADERSHIP

Since school year 2010–2011, the administration with Board approval has offered a voluntary Early Notification Program (ENP). The purpose of the ENP is to encourage teachers and school-based administrators to submit early notification to the Houston Independent School District (HISD) of their plans to voluntarily resign or retire at the end of their duty schedules. In exchange, these employees will receive a payment, based on their continuous years of service, for that early notification. This program has been successful in identifying vacancies early and providing principals the opportunity to recruit and staff accordingly. The model providesdifferentiated payment based on years of continuous service with HISD.

Although participation in the ENP has been significant, the District continues to receive the majority of teacher resignations in May and June. The administration proposes the continuation in the program to solicit resignations throughout the year by offering two windows of opportunity. The amount of the payment offered will encourage decisions as early as possible.

1. From December 16, 2013 – January 22 , 2014:Continuous Years of Service Notification IncentiveLess than 4 years $1,2504yrs–10yrs $2,00011yrs–15yrs $3,00016yrs–20yrs $4,00021yrs+ $5,000

2. From March 10 – April 4, 2014: All participants would receive $500

These changes in the ENP will enable Human Resources and principals to better plan, forecast, and adjust staffing needs in critical shortage areas for the 2014–2015 school year. Participants will be limited to full-time employees who are classroom teachers in eligible job titles, principals, deans of students, deans of instruction, and assistant principals who voluntarily resign or retire effective the end of the 2013–2014 instructional year. The program will begin upon board approval.

REVISED12/06/13

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COST/FUNDING SOURCE(S): Not to exceed $2,000,000 from the General Fund /Fund Balance (teacher payments)

Not to exceed $500,000 from the General Fund/Fund Balance (leadership payments.)


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1: Increase Student Achievement and HISD Goal 4: Increase Management Effectiveness and Efficiency, and is aligned to HISD Core Initiative 5: Culture of Trust through Action.

THIS ITEM REQUIRES CONSULTATION.


RECOMMENDED: That the Board of Education approve a voluntary early notification program, effective December 13, 2013.

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Office of Business OperationsLeo Bobadilla, Chief Operating Officer

SUBJECT: AUTHORITY TO NEGOTIATE, EXECUTE, AND AMEND ALL CONSTRUCTION MANAGER-AT-RISK CONTRACTS

Texas Government Code Chapter 2267 allows school districts to utilize constructionmanager at risk (CMAR) as a delivery method for construction projects. The CMARdelivery method allows a general contractor to be selected and engaged to adviseon constructability, cost savings, phasing, and scheduling during the design of aproject. The preconstruction services provided by the CMAR enable the project team to make timely changes as necessary in the design based on cost information from subcontractors and product manufacturers, ensuring project efficiency andeffectiveness. As the design is completed, the CMAR obtains competitive bids fromsubcontractors for each aspect of the work and submits a guaranteed maximumprice (GMP) as the proposed construction cost. During construction, the CMARoversees the work.

Texas Government Code Section 2267.253 provides the Houston IndependentSchool District (HISD) the option to utilize a two-step selection process in choosing aCMAR firm. Step one involves an initial request for qualifications. In step two, HISDmay request firms, selected solely on the basis of qualifications, to provide proposedfees and pricing.

On April 11, 2013, the HISD Board of Education authorized the superintendent ofschools or a designee to determine the construction delivery method for constructionprojects using factors approved by the HISD Board of Education, such as schedule,scope, and complexity. Following this process, the CMAR delivery method has beendetermined to provide the best value for the projects as listed in the attachment.

Qualifications for CMAR services for selected construction projects were requested on July 27, 2013 and were received on August 22, 2013. Information received from construction firms was evaluated and ranked using HISD selection criteria approved by the HISD Board of Education on April 11, 2013, for this delivery method.

Based on the qualifications the construction firms were then asked to submit fee proposals. The fee proposals were comprised of costs for preconstruction services, construction phase services fees, and general conditions costs as a percentage of the GMP.

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The attachment includes the recommended best value CMAR firm for each project,and each firm’s minority and women owned business enterprises (M/WBE)commitment for their services. The overall M/WBE participation for construction willbe tabulated once the project is competitively bid by the CMAR.

Approval of this item will authorize the superintendent of schools or a designee tonegotiate, execute, and amend contracts, including the acceptance of the GMP (ormultiple GMPs in the case of phased work), in amounts not to exceed the overallproject budget for each project.

In the event that the CMAR is unable to provide a GMP proposal that is acceptableto HISD or is unable to fulfill other obligations, the superintendent of schools or adesignee is authorized to terminate negotiations and/or the agreement with that firmand negotiate, execute, and amend contracts with the next-highest-ranked best value CMAR firm to obtain an acceptable GMP (or multiple GMPs in the case of phased work), in amounts not to exceed the overall project budget for each project.

COST/FUNDING SOURCE(S): Cost shall not exceed project budgets and will be funded by 2012 Bond Program funds.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 4:Increase Management Effectiveness andEfficiency and is aligned to Core Initiative 4: Data-Driven Accountability.



RECOMMENDED: That the Board of Education authorize the Superintendent of schools or a designee to negotiate, execute, and amend contracts with construction manager-at-risk firms for projects listed in the attachment, effective December 13, 2013.

CONSTRUCTION MANAGER-AT-RISK CONTRACTS2012 FACILITIES CAPITAL PROGRAM

Project CMAR FirmM/WBE

Commitment

1. Bellaire High School Turner Construction Company 20%

2. Davis High School H.J. Russell & Company100% +

Additional Spend

3. Dowling Middle School Turner Construction Company 20%

4. Eastwood Academy Comex Corporation 100%

5. Lamar High School Gilbane Building Company 30%

6. Parker Elementary School Brae Burn Construction Company, L.T.D., L.L.P. 25%

7. Yates High School Turner Construction Company 20%

Attachment H-1

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SUBJECT: APPROVAL OF ADJUSTMENT IN THE BUDGET AND CONSTRUCTION CONTINGENCY ALLOWANCE AND AUTHORITYTO NEGOTIATE, EXECUTE, AND AMEND ALL NECESSARYCONTRACTS FOR THE RENOVATION OF HARVARD ELEMENTARY SCHOOL

The Houston Independent School District (HISD) 2007 bond election approved the renovation of Harvard Elementary School.

On August 13, 2009, the HISD Board of Education approved the award of a design contract for the renovation of Robert Browning Elementary School, Alexander Hamilton Middle School, and Harvard Elementary School.

On March 8, 2012, the HISD Board of Education approved the award of a construction contract for the renovation of Robert Browning Elementary School, Alexander Hamilton Middle School, and Harvard Elementary School.

In January, 2013, the general contractor selected for this renovation was declared in default of the contract and the general contractor’s surety was engaged to complete the renovation.

During the renovation of Harvard Elementary School, corroded piping that serves unit ventilators in the south wing was discovered. In order to properly connect the new unit ventilators in this area, the piping must be replaced. Removal of old piping requires abatement of the insulation surrounding the pipes. Due to this need, an increase to the project budget and construction contingency allowance in an amount not to exceed $100,000 is requested.

Approval of this item will authorize the superintendent of schools or a designee to negotiate, execute, and amend all necessary contracts to implement the work.

The requested increase is as follows:

Project

Current Construction ContingencyAllowance

Increase to Construction Contingency Allowance

Total Construction ContingencyAllowance

Harvard Elementary $70,650 $100,000 $170,650

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COST/FUNDING SOURCE(S): There will be an increase to the overall project budget by $100,000 which will be funded by 2007 Bond Program funds(CP1 81-6623-169-99-813-813).


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 4: Increase Management Effectiveness and Efficiency and is aligned to Core Initiative 4: Data-Driven Accountability.



RECOMMENDED: That the Board of Education approve an increase in the budget and construction contingency allowance in the amount of $100,000 and authorize the superintendent of schools or a designee to negotiate, execute, and amend all necessary contracts for the renovation of Harvard Elementary School,effective December 13, 2013.

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SUBJECT: AUTHORITY TO ESTABLISH BUDGETS AND TO NEGOTIATE, EXECUTE, AND AMEND CONTRACTS WITH DESIGN FIRMS

Houston Independent School District (HISD) staff members are requesting that the HISD Board of Education approve the following projects, scopes, and budgets.

It may be several months before this funding is finalized and available. In the interim, staff members are requesting that the HISD Board of Education approve the following projects, subject to financing plans being finalized by the chief financial officer, in order to begin planning and design efforts:

1. Project: Energy Institute High School

Scope: New 800-student school

Budget: $37,000,000

2. Project: High School for Law Enforcement and Criminal Justice

Scope: New 800-student school

Budget: $40,000,000

3. Project: HISD Police Headquarters

Scope: New headquarters facility for HISD police department

Budget: $10,000,000

Any real estate acquisitions/costs required to complete these projects will be presented to the HISD Board of Education as closed session items in alignment with district standard practices.

Where design firms have not already been selected, the administration also requeststhat the HISD Board of Education authorize the superintendent of schools or a designee to follow a selection process to identify design firms for these projects and to negotiate, execute, and amend necessary contracts. In accordance with Texas Government Code Chapter 2254, and in consultation with legal counsel, the design firm selections will follow a review of qualifications performed according to the procedures approved by the HISD Board of Education.

NEW12/05/13

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Approval of this board item will authorize the superintendent of schools or a designee to negotiate, execute, and amend contracts at a fair and reasonable fee not to exceed seven percent of the construction costs, plus a 10 percent contingency of the negotiated design fee and the actual cost of necessary consultants not included in the fee for basic design services, such as surveying, geotechnical engineering, and roof construction observation. Each contract will be established with fixed-fee compensation based on a formulated construction cost.

COST/FUNDING SOURCE(S): The total costs will be funded by proceeds from the sale of property and general operating funds


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 4: Increase Management Effectiveness and Efficiency and is aligned to Core Initiative 4: Data-Driven Accountability.



RECOMMENDED: That the Board of Education approve project budgets subject to the availability of applicable funding and authorize the superintendent of schools or a designee to negotiate, execute, and amend contracts with design firms, effective December 13, 2013.


Office of Chief Financial OfficerKenneth Huewitt, Chief Financial Officer

SUBJECT: APPROVAL OF CONSULTANT AND PROFESSIONAL-SERVICECONTRACTS

The purpose of this item is to authorize consultant contracts and professional-service contracts as required by board policy. According to current policy, the Houston Independent School District (HISD) Board of Education’s approval is required for consultant contracts and professional services exceeding $50,000 per engagement, inclusive of expenses, or for consultant contracts where payment to a consultant for the fiscal year has aggregated $100,000, inclusive of all expenses.The attachment reflects a summary of proposed requests. Individual contracts are on-file in Board Services.

COST/FUNDING SOURCE(S): Funds for this recommended action are shown on the attached list.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1: Increase Student Achievement and HISD Goal 4: Increase Management Effectiveness and Efficiency, and is aligned to Core Initiative 1: Effective Teacher in Every Classroom.



RECOMMENDED: That the Board of Education approve the proposed consultant and professional-service contracts, effective December 13, 2013.

I-1

Board Meeting, December 12, 2013 Page 1 of 5

SUMMARY OF CONSULTANT AND PROFESSIONAL-SERVICE REQUESTS

Total Cost Totalof This Contracts

Name Using Department Request to Date Budget

Abydos Learning Curriculum and Instruction $512,436 $120,000 GF1-14-6299-627-10-101-999

$102,200 GF1-13-6299-698-10-020-999 $222,200

Abydos Learning will develop daily lesson plans for the writing component of the K–5 English and Spanish Literacy Block. The lessons will be aligned to targeted standards as outlined in the Houston Independent School District (HISD) grade level scope and sequence. The lessons will be submitted on the HISD district template and will become the property of HISD. The daily lesson plans will serve as a scaffold for K–5 teachers. They will demonstrate the teaching of writing as a process and include targeted language arts skills within the writing process.

Also, Abydos Learning will provide one 90-hour Writing Institute to teacher development specialists and two 90-hour institutes to K–12 teachers. The Writing Institute focuses on writing theory and pedagogy. The content addresses use of mentor texts, study of multiple genres, implementation of the workshop model, conference strategies, instruction on the teaching of writing as a process, creation of a student-centered classroom, opportunities to reflect on teaching implications, use of reading to teach writing and writing to teach reading, and study of the theory that supports the writing process. Additionally, Abydos will provide one 30-hour Grammar Institute for K–12 teachers. The Grammar Institute will cover writing conventions and grammar.

Approval of this item will grant the Superintendent of Schools, or a designee, the authority to negotiate and execute a contract with Abydos Learning.

Term of Contract: December 13, 2013–June 30, 2014

Attachment I-1REVISED 12/09/13





Neuhaus Education Center Curriculum and Instruction $217,320 $94,470 $311,790

$1,572,575 SR1-13-6299-682-99-KV6-KV6 GF1-13-6299-698-10-020-999-999

Neuhaus Education Center will deliver basic and advanced training on foundational reading skills to K–9 teachers. The courses addressed are either additional sessions of courses offered in Fall 2013 or rescheduled courses. The additional sessions were requested by campus leaders. The additional sessions are: Teachers Make the Difference for 504 designees and K–5 teachers, including ESL K–2, and secondary reading initiative initial training for grades 6, 7, and 9 teachers. The rescheduled courses are: Elementary, Annual Update, and Advanced Basic Language Skills for Special Education. This is an Addendum to the contract approved August 14, 2013.

Approval of this item will grant the Superintendent of Schools or a designee the authority to negotiate and execute a contract with Neuhaus Education Center.

Additionally, access to Istation class data, but not individual student data, will be granted to Dr. Regina Boulware-Gooden, Neuhaus Education Center Vice-President of School Improvement and Research, for the purpose of analyzing the data to inform curriculum and professional development changes to ensure student progress.

Term of Contract: December 13, 2013–June 30, 2014





Demetra Claudette Jones dba Training and Leadership Consulting will provide services supporting reading and mathematics. These include external tutors who will provide small group intervention throughout the school day based on low scores in the State of Texas Assessments of Academic Readiness (STAAR) reporting categories and other identified academic requirements throughout the school year. Five tutors will work with elementary reading and two tutors will work with middle school math.

Term of Contract: January 7, 2014–April 17, 2014

Demetra Claudette Jones dba Training and Leadership Consulting

Woodson K–8 Leadership Academy

$79,984 $298,211 GF1-11-629230-127-30-E1-137

G&D Associates School Choice $84,000 $57,750 SR1-21-6299-654-99-MG4-MG4

In September 2013 HISD was awarded a three-year, $12 million Magnet Schools Assistance Program (MSAP) grant from the U.S. Department of Education to fund six new science, technology, engineering, and mathematics (STEM) magnet programs which include MC Williams Middle School, Baylor College of Medicine at Ryan Middle School. Energy Institute High School, Furr High School, Kashmere High School, and South Early College High School. The Department of Education and the MSAP Center emphasize that a key component of transformation and sustainability through magnet school grant funding is strategic management including detailed planning for the initial three years of the program.

G&D Associates will provide targeted consultancy for the administrative teams, principals, and STEM coordinators at the six MSAP 2013 schools and the Office of School Choice in strategic planning, one-on-one coaching, and preparation for MSAP compliance monitoring required by the Department of Education.

Term of Contract: January 7, 2014–June 30, 2014





Elevate Learning, LLC Thomas Middle School $90,000 $0 GF1-11-6299-077-30-S1-137

Elevate Learning, LLC, will provide professional, degreed teachers to deliver online small-group reading and mathematics instruction to students in grades six through eight at Thomas Middle School. Format will range from 1:1 (one instructor to one student) to 1:3 (one instructor to three students) based on the students to be targeted and the academic goals for each group of students. An on-site Elevate Learning performance manager will serve as the school’s main point of contact for program implementation and performance monitoring of students.


Elevate Learning, LLC Jackson Middle School $146,000 $0 GF1-11-6299-054-30-S1-137

Elevate Learning, LLC, will provide professional, degreed teachers to deliver online small-group reading and mathematics instruction to students in grades six through eight at Jackson Middle School. Format will range from 1:1 (one instructor to one student) to 1:3 (one instructor to three students) based on the students to be targeted and the academic goals for each group of students. An on-site Elevate Learning performance manager will serve as the school’s main point of contact for program implementation and performance monitoring of students.






Rice UniversityExecutive Education

Office of School Support $120,000 $267,200 SR1-13-6299-682-99-KZ9-KZ9

This agenda item requests the HISD Board of Education to authorize the superintendent of schools or a designee to negotiate and execute a contract with Rice University Executive Education to offer a program which will train the school offices in analyzing and coaching principals regarding the framework that is taught to school leadership teams by Rice University through the “Strategic Marketing for School Leaders” program. This program aligns with the extensive work the school offices have been doing on strategic marketing and provides support to the school office leaders as they coach school leaders.

Term of Contract: January 1, 2014–September 30, 2014

Partner’s Consulting(Formerly CPSG, Inc)

IT - Human Capital Management

$60,000 $1,540,000 GF1-53-6299-698-99-003026-999

On November 4, 2013, Partner’s Consulting assisted the district with the upgrade of its human capital management system from its older release of 8.8 to Oracle’s latest version 9.1. As a part of post upgrade deployment activities, Partner’s will assist the district with production support as well as the planning and scoping of a second project phase which will incorporate the deployment of district-wide features like absence management andmanager and employee self-service along with all facets of organizational change management which will help improve operational efficiencies and effectiveness.

Term of Contract: July 1, 2013–June 30, 2014



SUBJECT: APPROVAL OF VENDOR AWARDS FOR PURCHASES OVER $100,000 AND RATIFICATION OF VENDOR AWARDS FOR PURCHASES UNDER $100,000

The purpose of this item is to authorize vendor awards for purchases over $100,000 and ratify vendor awards for purchases under $100,000. Pursuant to Board of Education policy, contracts for purchases over $100,000 are submitted to the Houston Independent School District (HISD) Board of Education for approval prior to the issuance of purchase orders and/or agreement letters. Procurement Services,authorized by board policy, enters into purchase agreements for bid projects less than $100,000, subject to ratification by the Board of Education.

When determining the successful bidder, consideration is given to the quality of the articles supplied, conformity with developed specifications, suitability to the requirements of the educational system, and delivery terms. All advertised bids are in compliance with minority- and woman-owned business enterprise procedures. All contracts are negotiated and executed with the supplier(s) providing the best overall value for the district.

The attachment reflects the names of successful bidders, the budgets to be charged, and a description of the items to be purchased. A copy of each tabulation is on file in Board Services.

COST/FUNDING SOURCE(S): Funds for these recommended actions will be necessary only one time.


ORGANIZATIONAL GOALS/IMPACT: This agenda item supports all six goals and is aligned with all five core initiatives of the district.



RECOMMENDED: That the Board of Education approve vendor awards for purchases over $100,000 and ratify vendor awards for purchases under $100,000, effective December 13, 2013.

I-2

APPROVAL OF PURCHASES OVER $100,000

RECOMMENDED AWARD FOR DECEMBER 12, 2013 BOARD AGENDA

PROJECT DESCRIPTION*M/WBECOMMIT

M/WBEACTUAL

BIDS/RFP’S ISSUED

BIDSREC’D

**LOC AWARDED TO AMOUNT BUDGET CHARGE

Page 1 of 7

13-08-08 RFP/Purchase of Janitorial and Chemical Supplies – Toilet Paper and Hand Towels

B/20%

C/I/1%

25 10 H

H

Buckeye Cleaning Center-Houston(Primary Vendor)Pollock Paper Distributors(Secondary Vendor) Not To Exceed

$1,300,000 GF1-51-6319-171-802-99-000

13-10-05 RFP/Purchase of Rebuilt Transmissions

C/I/0.03%C/I/8.5%

9 2 OTH

Jasper Engines & TransmissionsRush Bus Cent Not To Exceed

$150,000 GF1-00-1311

13-10-01 RFP/Property Insurance and Flood Insurance Broker Services

B/25% 45 6 H Alliant Insurance Services, Inc.

Alliant Insurance Services Inc. is waiving their fee for the first year of service. Board approval is needed to execute a contract even though charges will not accrue until the second year.

Attachment I-2




M/WBEACTUAL

BIDS/RFP’S ISSUED

BIDSREC’D


Page 2 of 7

HCDE Curriculum, InstructionalAssement, & InterventionSupplies & Materials

3P LearningAchieve3000Adventures In LearningAgile Mind Educational Holdings, Inc.Art in History, Inc.B.E. PublishingBenchmark Education CompanyBrainstormCoughlan Companies, Inc. dba CapstoneCarnegie Learning, Inc.Carolina Biological SupplyCengage Learning, Inc.Constructive PlaythingsDLB Educational CorporationDynastudy, Inc.EAI EducationEducation Associates, Inc.Education PlusFlinn Scientific, Inc.Delta Education, LLC dba Frey ScientificFrog Street PressHands-On-Tasks, Inc.Harrison and CompanyGreenwood Publishing dba HeinemannIstationJarrett Publishing CompKeystone Books & MediaKnowledge-First EmpowermentCenterLab Resources, IncLakeshore Equipment Company dba Lakeshore Learning Material




M/WBEACTUAL

BIDS/RFP’S ISSUED

BIDSREC’D


Page 3 of 7

HCDE Curriculum, Instructional Assement, & InterventionSupplies & MaterialsContinued

Laureate Learning Systems, Inc.Kimco Educational Products dba Learning ZoneLectorum Publication, Inc.LEGO EducationMcGraw-Hill School Education, LLCMentoring Minds, L.P.Proliteracy Worldwide dba New Readers PressNewmark LearningNorthwest Evaluation AssociationPitsco EducationPrimary ConceptsRainbow Book CompanyReally Good Stuff, IncSaddleback Educational Publishing, Inc.Scholastic Inc. (Scholastic Classroom & Community Division)Scholastic Library Publishing, Inc.School SpecialtyThe Lorenz Company (Show What you Know Publishing)Steps to LiteracyTeacher Heaven, Inc.Ur Investment Inc. dba Texas Teacher SupplyThe Social ExpressUnity Education Resources Not To Exceed

$5,000,000 Schools & Department Budgets

Curriculum, Instructional, Assessment, and Intervention Supplies and Materials will be purchased through Harris County Department of Education.




M/WBEACTUAL

BIDS/RFP’S ISSUED

BIDSREC’D


Page 4 of 7

Region 20 Instruction and Assessment

Imagination Station, Inc.Not To Exceed

$897,499$50,000

GF1-11-6299-627-10-101-999SR1-13-6299-682-99-KV6-KV6

This item replaces and supersedes the entry for Region 20 / Imagination Station, Inc., that appeared on the H-2 agenda tab on June 13, 2013.

DIR Software,& Licensing Renewals

Gartner, Inc. Not To Exceed$325,000

GF1-53-6249-424-99-110-506

Maintenance renewal to access research tools and IT best practices reports

APPROVAL OF PURCHASES SOLE SOURCE $100,000



M/WBEACTUAL

BIDS/RFP’S ISSUED

BIDSREC’D


Page 5 of 7

Sole Source Talent Identification Duke UniversityNot To Exceed

$85,717 GF1-31-6491-635-99-999-999

Duke Talent Identification Program (TIP) is a 3-week summer studies program geared specifically toward gifted students.

Sole Source Instruction and Assessment

Cambium Learning, Inc.Not To Exceed

$102,000 SR1-13-6299-682-99-KV6-KV6

This item covers the cost for the Language!® program used by HISD middle schools for reading intervention. The program was originally purchased following a competitive solicitation by Procurement Services under Project No. 08-11-06.

APPROVAL OF CONTRACT RENEWAL PURCHASES OVER $100,000

RECOMMENDED AWARD FOR DECEMBER 12, 2013, BOARD AGENDA


M/WBEACTUAL

YEAR2 OF 3

YEAR3 OF 3


Page 6 of 7

11-07-03 RFP/Commemorative -Graduation Ceremony Decorations and Tent/Chair Rental(Renewal)

C/D C/D X H Freeman DecoratingNot To Exceed

$300,000GF1-11-6499-910-10-278-278School and Department Budgets

11-10-13 RFP/Bus and Vehicle Painting and Body Repairs(Renewal)

B/25%C/I/1.69%C/I/3.61%

B/20%A/100%

B/20%C/I/4.90%C/I/9.54%B/19.40%

A/100%

X HHHHH

International Trucks of HoustonThomas Bus Gulf Coast GP, Inc.Houston FreightlinerS.O.S. CollisionFlores Motor Company, Inc.

Not To Exceed$225,000

GF1-51-6249-863-99-999-999GF1-51-6249-865-99-999-999GF1-51-6249-867-99-999-999GF1-51-6249-869-99-999-999GF1-51-6249-877-99-999-999

11-10-05 RFP/Kitchen Related Repairs and Services(Renewal)

C/I/1.04%C/5%A/100%

C/I/2.55%C/12%A/100%

X HHH

Cooler’s, Inc.Exhaust Cleaning and Filter ServiceHydroClean


FD1-35-6249-794-88-976-976FD1-35-6352-795-88-976-976

APPROVAL OF CONTRACT RENEWAL PURCHASES OVER $100,000

RECOMMENDED AWARD FOR DECEMBER 12, 2013, BOARD AGENDA


M/WBEACTUAL

YEAR2 OF 3

YEAR3 OF 3


Code LegendM/WBE - Minority and Women Business Enterprises Percentage Notations

Option A - Certified M/WBE firm; Percentages greater than 100% indicates the M/WBE firm will also subcontract with other M/WBE firms.

Option B - Non M/WBE firm who will subcontract the indicated percentage with an M/WBE firm(s) to meet or exceed the district’s goal.

Option C – Non M/WBE firm. If listed with percentage greater than 0%, the awardee will sub-contract with an M/WBE firm for a percentage less than the district’s goal. If listed as C/I/X%, the awardee will participate under an indirect program for the percentage indicated. If listed as C/D, the awardee made direct contact with M/WBE firms regarding subcontracting opportunities but has no costs attributable as either indirect or direct costs with M/WBE suppliers.

Other Status OptionsNC) - Non-compliant ; NE) - Not evaluated; NFP) - Non-profit; P) - Pending Certification

LOC – LocationHouston (H); Texas (T); Out of State (O); Out of State with Local Office (OT).

BB The BuyBoard CooperativeDIR Texas Department of Information ResourcesGSA Federal General Services Administration Schedule 70HCDE Harris County Department Of EducationHGAC Houston-Galveston Area CouncilREGION IV Region IV Education Service Center TASB Texas Association of School BoardsTBPC Texas Building and Procurement CommissionTIPS TIPS/TAPS Region 8 Interlocal CooperativeTCPN The Cooperative Purchasing NetworkTPASS Texas Procurement and Support ServicesTXMAS Texas Multiple Award SchedulesUSC U. S. Communities

Page 7 of 7

12-09-01 RFP/Third Party Claims Administration Services for Automobile, General,and Professional Liability Claims (Renewal)

C/I/14.45% C/I/6.75% X OT Broadspire®, a subsidiary of Crawford& Company


$7,750GF1-34-6427-911-99-940-940FD1-35-6427-790-99-976-976

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Office of Chief Financial OfficerKenneth Huewitt , Chief Financial Officer

SUBJECT: AUTHORITY TO NEGOTIATE AND EXECUTE RENEWALCONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, L.L.P., FOR DELINQUENT TAX COLLECTION SERVICES

The Houston Independent School District (HISD) contracts with the law firm of Linebarger, Goggan, Blair & Sampson, L.L.P. (Linebarger Firm), for delinquent tax collection services. The renewal contract now in effect expires on March 31, 2014.

In October 2008, HISD issued a request for qualifications for delinquent tax collection firms and interviewed law firms that submitted proposals. The Linebarger Firm was recommended by staff members and approved by the board for an initial contract. In January 2011, the Board of Trustees renewed the contract with theLinebarger Firm for a term of three years ending March 31, 2014. This recommendation is for the renewal of the contract for another term of three years.

The Linebarger Firm is familiar with tax collections for HISD and has provided good collection services for the district. The Linebarger Firm also provides additional tax-related legal services for HISD at no additional cost, and provides other reimbursements to the district for various district tax-related costs.

In accordance with state law, HISD provides for additional penalties under Texas Property Tax Code Sections 33.07, 33.08, and 33.11 to be added to delinquent property accounts, from which penalties the law firm is paid. For tax years 2000 and prior, the penalty is 15 percent of delinquent collections, and for tax years 2001 and thereafter, the penalty is 20 percent of delinquent collections. The delinquent tax collection contract provides that the law firm will be paid only from those penalties and attorney fees awarded by the court that are actually received by HISD. No payments, other than from certain bankruptcy collections, are paid from the HISDportion of taxes, penalties, and interest due under the Property Tax Code.

The term of the renewal contract would be for three years, and will include a 60-day option for termination by HISD.

COST/FUNDING SOURCE(S): Payments for delinquent tax collections arepaid from the penalties imposed on delinquent taxes provided for in the Property Tax Code, as approved annually

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by the Board of Education, and attorney fees allowed by the courts.


ORGANIZATIONAL GOALS/IMPACT This agenda item supports HISD Goal 4: Increase Management Effectiveness and Efficiency and is aligned to Core Initiative 5: Culture of Trust through Action.



RECOMMENDED: That the Board of Education authorize the superintendent of schools or a designee to negotiate and execute a renewal contract for the collection of delinquent taxes with the law firm of Linebarger, Goggan, Blair & Sampson, L.L.P., effective December 13, 2013.



SUBJECT: APPROVAL OF 2013 TAX ROLL

At the regular board meeting on October 10, 2013, the Houston Independent School District Board of Education adopted a tax rate of $1.1867 per $100 of taxable value for tax year 2013. On the basis of that tax rate, the Harris County Tax Office has calculated a tax roll levy of $1,398,823,346 based on taxable value of $117,875,060,728, prior to the age 65 and older and disabled persons’ homestead frozen-levy loss calculations. The actual levy will be reduced by approximately $35,594,039 for levy loss due to those frozen-levy loss calculations. This levy includes values certified as of September 13, 2013, by the Harris County Appraisal District. The levy may also be subject to some increase as additional values are certified in the future. This is submitted to the Board of Education for approval as the 2013 tax roll for the district pursuant to requirements of the Texas Property Tax Code.

A copy of the information from the Harris County Tax Office can be reviewed on the attachment and is on file in Board Services.



ORGANIZATIONAL GOALS/IMPACT: This agenda item supports all six goalsand is aligned to all five core initiatives of the district. Tax revenues fund operations throughout the district.



RECOMMENDED: That the Board of Education approve the 2013 Certified Appraisal Roll and 2013 Calculated Tax Roll as submitted, effective December 13, 2013.

I-4

Attachment I-4

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Office of Information TechnologyLenny Schad, Chief Technology Information Officer

SUBJECT: APPROVAL OF BUDGET FOR INFORMATION TECHNOLOGY AND AUTHORITY TO NEGOTIATE AND EXECUTE AGREEMENTS AS APPROPRIATE

In April 2014, the Microsoft Windows XP operating system will no longer be supported (i.e., it will be at end-of-life). There are 64,384 machines districtwide currently running Windows XP. This agenda item seeks budget allocation approval to implement a more recent version, the Windows 7 operating system, districtwide,which includes retiring Microsoft Office 2003, which also will no longer be supported. Of the 64,384 machines, it is anticipated that 38,667 machines will require upgrades and the remaining 25,717 machines will need to be replaced due to technology constraints.

The funding request breaks down as follows:

Object Description Budget String Amount

Hardware GF1-53-6632-XXX-XX-XXX-XXX $ 28,290,000

Contracted Services GF1-53-6299-XXX-XX-XXX-XXX $ 6,840,000

General Supplies GF1-XX-6300-XXX-XX-XXX-XXX $ 50,000

Total $ 35,180,000

COST/FUNDING SOURCE(S): The cost for these initiatives is $35,180,000 (GF1-53-6X00-XXX-XX-XXX-XXX) which will come from the General Fund unassigned fund balance.


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ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISDGoal 4: Increase Management Effectiveness and Efficiency and is aligned to Core Initiative 4: Data-Driven Accountability.



RECOMMENDED: That the Board of Education approve the budget for Information Technology and authorize the superintendent of schools or a designee to negotiate and execute agreements as appropriate, effective December 13, 2013.

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Office of Legal ServicesElneita Hutchins-Taylor, General Counsel

SUBJECT: PROPOSED ESTABLISHMENT OF BOARD POLICY DBAA(LOCAL), EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CRIMINAL HISTORY AND CREDIT REPORTS AND REVISIONS TO BOARD POLICY DC(LOCAL), EMPLOYMENT PRACTICES—SECONDREADING

The Houston Independent School District’s (HISD) employment policies and practices were reviewed in light of recent Equal Employment Opportunity Commission (EEOC) issued guidance regarding the role of arrest and conviction records in employment decisions. This agenda item seeks to update current DC(LOCAL) as a policy that deals exclusively with district employment practices other than criminal history review. The agenda item also recommends adoption of a proposed new local policy, DBAA(LOCAL), which provides flexibility to district hiring authorities in making hiring decisions regarding job applicants with criminal history records, and deciding whether to retain district employees who have been arrested for, charged with, or convicted of criminal offenses. Pursuant to proposed DBAA(LOCAL), the district is required to make an individualized assessment in making employment decisions regarding applicants and current employees with criminal history records in order to ensure that such employment decisions are job-related and consistent with business necessity.

A summary of the changes to board policies, including the rationale for making the changes, is shown below:

DC(LOCAL), Employment Practices

Deletion of the section titled EMPLOYMENT RESTRICTIONS regarding the use of criminal history in hiring decisions; and

Addition of a cross-reference to newly recommended policy DBAA(LOCAL) to point to the evaluation of criminal history records.

DBAA(LOCAL), Employment Requirements and Restrictions: Criminal History and Credit Reports

New policy created to provide guidance with respect hiring job applicants and retaining current employments with criminal history records;

An explanation of DISQUALIFYING OFFENSES;

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A provision that an INDIVIDUALIZED ASSESSMENT of a job candidate’s or current employee’s criminal history take into account a variety of factors, as listed in this policy;

A statement that the district shall not disqualify a person based solely on an ARREST;

Lists of OFFENSES FOR WHICH EXCLUSION IS LIKELY; and

A provision regarding credit report requests.

The administration recommends that proposed DBAA(LOCAL) and the revision to DC(LOCAL) be effective for all employment applications received by the District after January 1, 2014, and for all criminal history reviews of current employees done after January 1, 2014.

The proposed revised policy and the proposed new policy are attached.



ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 4: Increase Management Effectiveness and Efficiency and HISD Goal 5: Improve Public Support and Confidence in Schools, and is aligned to Core Initiative 4: Data-Driven Accountability.


THIS ITEM DOES MODIFY AND ESTABLISH BOARD POLICY.

RECOMMENDED: That the Board of Education approve the proposed establishment of Board Policy DBAA(LOCAL), Employment Requirements and Restrictions: Criminal History and Credit Reports, and revisions to Board Policy DC(LOCAL), Employee Practices, on second reading, effective for all employment applications received by the District after January 1, 2014, and for all criminal history reviews of current employees done after January 1, 2014.

Houston ISD 101912 EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBAACRIMINAL HISTORY AND CREDIT REPORTS (LOCAL)

DATE ISSUED: 1 of 2UPDATE 97 DBAA(LOCAL)-A

The District shall obtain criminal history record information on final candidates for employment, and all current employees on an an-nual basis. All District positions have the potential for contact with students. The District shall disqualify from employment a person whose criminal history indicates that the person poses a threat to students or employees. Consistent with business necessity, the District shall also disqualify from employment a person whose criminal history is otherwise inconsistent with the job duties of the position for which the person is being considered.

The District shall perform an individualized assessment of criminal history record information when determining a person’s eligibility for employment or continued employment in a specific position. The District shall take into account a variety of factors, including the following:0)

1. The nature of the offense;

2. The age of the person when the crime was committed;

3. The date of the offense and how much time has elapsed;

4. The adjudication of the offense (e.g., whether the person was found guilty by a trier of fact, pled guilty, entered a no contest plea, or received deferred adjudication);

5. The nature and responsibilities of the job sought;

6. The accuracy of the person’s disclosure of his or her criminal history during the selection process;

7. The effect of the conduct on the overall educational environ-ment;

8. Any further information provided by the person concerning his or her criminal history record;

9. Any other information obtained by the District regarding the applicant/employee’s criminal history record; and

10. Whether the offense under the current penal code would be the same degree of offense.

The fact of an arrest alone does not establish that criminal conduct has occurred, and the District shall not disqualify a person based solely on an arrest. The District may make an employment deci-sion based on the conduct underlying the arrest if the conduct makes the person unfit for the position in question.

The District shall obtain credit history information on a candidate for employment only when the credit history is related to the posi-tion for which the person is being considered. The District shall comply with the Fair Credit Reporting Act before obtaining a job-related credit history. [See DBAA(LEGAL)]

A record of certain offenses carries a high likelihood that the Dis-trict will exclude the individual from employment.

DISQUALIFYING OFFENSES

INDIVIDUALIZED ASSESSMENT

ARRESTS

CREDIT HISTORY

OFFENSES FOR WHICH EXCLUSION IS LIKELY

Attachment K-1

Houston ISD 101912 EMPLOYMENT REQUIREMENTS AND RESTRICTIONS DBAACRIMINAL HISTORY AND CREDIT REPORTS (LOCAL)

DATE ISSUED: ADOPTED: 2 of 2UPDATE 97 DBAA(LOCAL)-A

Persons whose criminal history record shows convictions or pleas of guilty or nolo contendere for offenses under Title V, Texas Penal Code, and specifically offenses requiring registration as a sex of-fender, (or equivalent offenses under the laws of other states and federal law), and at the time the offenses occurred, the victim of the offense was under 18 years of age or was enrolled in a public school, are presumptively disqualified from employment with the District. Subject to an individualized assessment, the following of-fenses will likely preclude employment with the District. These of-fenses include, but are not limited to:

1. Murder;

2. Capital murder;

3. Manslaughter;

4. Criminally negligent homicide;

5. Kidnapping;

6. Aggravated kidnapping;

7. Smuggling of persons;

8. Trafficking of persons;

9. Continuous trafficking of person;

10. Continuous sexual abuse of young child or children;

11. Indecency with a child;

12. Improper relationship between educator and student;

13. Sexual assault;

14. Aggravated assault;

15. Injury to a child, elderly individual, or disabled individual; and

16. Abandoning or endangering a child.

Subject to an individualized assessment, the following non-Title V, Texas Penal Code, offenses are also presumptively disqualifying:

1. Aggravated robbery;

2. Any felony where a deadly weapon was used or exhibited; and

3. Any felony related to the manufacture, delivery, or possession of marijuana, a controlled substance, or a dangerous drug, except that any person charged and convicted of felony pos-session of marijuana, which under current law would be a misdemeanor, shall be considered to have a misdemeanor conviction under this policy.

TITLE V, TEXAS PENAL CODE

NON-TITLE V, TEXAS PENAL CODE

Houston ISD 101912 EMPLOYMENT PRACTICES DC (LOCAL)

DATE ISSUED: 12/2/2008 1 of 2LDU 2008.05UPDATE 97 DC(LOCAL)-X

The Superintendent or designee shall define the qualifications, du-ties, and responsibilities of all positions and shall ensure that job descriptions are current and accessible to employees and supervi-sors.

The Superintendent or designee shall establish guidelines for ad-vertising employment opportunities and posting notices of vacan-cies. These guidelines shall advance the Board’s commitment to equal opportunity employment and to recruiting well-qualified can-didates. Current District employees may apply for any vacancy for which they have appropriate qualifications.

The Board delegates to the Superintendent final authority to hire contractual and noncontractual personnel. [See also BJA(LOCAL)]

All applicants shall complete the application form supplied by the District.

When applicants are equally qualified for a position, veterans retir-ing and/or exiting from military service and who are honorably dis-charged shall be extended a hiring preference.

Information on applications shall be confirmed before a contract is offered for a contractual position and before hiring or as soon as possible thereafter for a noncontractual position.

[For information related to the evaluation of criminal history records, see DBAA(LOCAL).]

All employees shall meet the requirements specified by the District for the positions for which they are hired. Exceptions to this provi-sion may be made only by the Superintendent.

Applicants for certain positions may be requested to take a poly-graph examination after a tentative offer of employment is made by the District.

No person independently hired by a District employee shall be al-lowed to perform any tasks or volunteer any duties on District pre-mises without prior approval of the principal, work location supervi-sor, and/or the Human Resources Department. [See also DH(LOCAL), GKG(LOCAL)]

Employees resigning or retiring from the District may be asked to participate in exit interviews to garner information pertaining to sal-aries, benefits, and working conditions. A personnel action notice shall be prepared, with appropriate documentation, for every em-ployee who leaves employment with the District.

PERSONNEL DUTIES

POSTING VACANCIES

EMPLOYMENT OF ALL PERSONNEL

APPLICATIONS

EMPLOYMENT REQUIREMENTS

POLYGRAPH TESTS

UNAUTHORIZED PERSONS ON DISTRICT PREMISES

EXIT INTERVIEWS AND TERMINATION REPORTS

Attachment K-1

Houston ISD 101912 EMPLOYMENT PRACTICES DC (LOCAL)

DATE ISSUED: 12/2/2008 ADOPTED: 2 of 2LDU 2008.05UPDATE 97 DC(LOCAL)-X

An employee who retired or resigned in order to avoid termination shall not be eligible for reemployment with the District.

For the purposes of restricting employment of applicants with a criminal history record, “conviction” is defined as a finding of guilt or acceptance by the courts of a plea of guilty or nolo contendere. The District shall not employ an applicant who:

1. Is a convicted felon;

2. Is convicted of a misdemeanor involving moral turpitude. “Moral turpitude” is an act of baseness, vileness, or depravity in the private or social duties that a person owes another member of so-ciety in general and that is contrary to the accepted rule of right and duty between persons.

3. Is charged with a felony or misdemeanor involving moral turpitude, until there is a final disposition of the charge; or

4. Is on probation for any offense (including a deferred adjudi-cation probation) that would otherwise restrict employment.

Persons charged with a criminal offense that was dismissed through deferred adjudication may be considered for employment except when the charge was for capital murder; murder; voluntary or involuntary manslaughter; any felony theft offense; indecency with a child; injury to a child, elderly, or disabled individual; kidnap-ping; aggravated kidnapping; aggravated sexual assault; aggra-vated assault causing serious bodily injury; sexual assault of a child; aggravated robbery; any felony where a deadly weapon was used or exhibited; or any felony related to the manufacture, deli-very, or possession of marijuana, a controlled substance, or a dan-gerous drug. [See also DBAA(LEGAL), DH(LOCAL)]

RESIGNATION OR RETIREMENT IN LIEU OF TERMINATION

EMPLOYMENT RESTRICTIONS

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SUBJECT: APPROVAL TO AMEND BOARD POLICY FL(LOCAL), STUDENT RECORDS, TO PROVIDE DIRECTORY INFORMATION TO PUBLIC ELECTED OFFICIALS AND ALUMNI GROUPS UPON REQUEST—SECOND READING

Board Policy FL(LOCAL) was amended on August 7, 2012, to restrict the release of student directory information to school-sponsored purposes. School-sponsored purposes is defined as: “all District publications and announcements.” Student directory information is not to be released for any other purpose.

In the year following adoption of the revised policy, the Public Information Office has received requests from public elected officials for directory information so that the officials may provide district students and their parents with congratulatory messages and beneficial information including scholarship and college application information. In addition, the Public Information Office also routinely receives requests for graduation lists from alumni groups seeking the information for reunions and alumni support for District schools. The Public Information Office has been unable to provide this information as the release would be in violation of Board Policy.

In May 2013, the Board approved a limited waiver of FL(LOCAL) to allow elected officials in Texas to obtain lists of 2013 graduating seniors so the elected officials could provide the seniors with graduation certificates.

This board agenda item seeks to amend FL(LOCAL) for the limited purpose of allowing public elected officials in Texas to obtain student directory information of current and former students upon request and for alumni groups to obtain directory information of former students upon request.



ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5:Improve Public Support and Confidence inSchools and is aligned to Core Initiative 5: Culture of Trust through Action.

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THIS ITEM DOES MODIFY BOARD POLICY.

RECOMMENDED: That the Board of Education approve the proposed revisions toFL(LOCAL), Student Records, to allow for the release of student directory information of current and former students to public elected officials in Texas and to allow the release of student directory information of former students to alumni groups, on second reading, effective December 13, 2013.

Houston ISD 101912 STUDENT RECORDS FL (LOCAL)

DATE ISSUED: 8/7/2012 1 of 5LDU 2012.07 FL(LOCAL)-X

The Superintendent shall develop and maintain a comprehensive system of student records and reports dealing with all facets of the school program operation and shall ensure through reasonable procedures that records are accessed by authorized persons only, as allowed by this policy. These data and records shall be stored in a safe and secure manner and shall be conveniently retrievable for use by authorized school officials.

A cumulative record shall be maintained for each student from en-trance into District schools until withdrawal or graduation from the District.

This record shall move with the student from school to school and be maintained at the school where the student is currently enrolled until graduation or withdrawal. Records for nonenrolled students shall be retained for the period of time required by law. No perma-nent records may be destroyed without explicit permission as re-quired by law. [See GBA(LEGAL)]

The principal is custodian of all records for currently enrolled stu-dents. The Superintendent or designee is the custodian of records for students who have withdrawn or graduated. Those records can be accessed at the school site or at the administration office.

Student records at a minimum shall include:

1. Admissions data, personal and family data, including certifica-tion of date of birth.

2. Withdrawal data, including student checkout sheets with leav-er codes and documentation to support the codes assigned.

3. Standardized test data, including intelligence, aptitude, inter-est, personality, and social adjustment ratings.

4. All achievement records, as determined by tests, recorded grades, and teacher evaluations.

5. All documentation regarding a student’s testing history and any accelerated instruction he or she has received, including any documentation of discussion or action by a grade place-ment committee convened for the student.

6. Health services records, including:

a. The results of any tuberculin tests required by the Dis-trict.

b. The findings of screening or health appraisal programs the District conducts or provides. [See FFAA(LEGAL)]

c. Immunization records. [See FFAB(LEGAL)]

COMPREHENSIVE SYSTEM

CUMULATIVE RECORD

CUSTODIAN OF RECORDS

TYPES OF EDUCATION RECORDS

Attachment K-2



7. Printed documentation to support data submitted electronical-ly to the Public Education Information Management System (PEIMS), as defined in the PEIMS Data Standards.

8. Principals must designate where each record is kept and the person responsible for its maintenance, as part of the school’s record management plan that will be submitted to and main-tained by the Federal and State Compliance Department.

9. Attendance records.

10. Student questionnaires.

11. Records of teacher, counselor, or administrative conferences with the student or pertaining to the student.

12. Verified reports of serious or recurrent behavior patterns.

13. Copies of correspondence with parents and others concerned with the student.

14. Records transferred from other districts in which the student was enrolled.

15. Records pertaining to participation in extracurricular activities.

16. Information relating to student participation in special pro-grams.

17. Records of fees assessed and paid.

18. Records pertaining to student and parent complaints.

19. Other records that may contribute to an understanding of the student.

Principals must designate where each record is kept and the per-son responsible for its maintenance, as part of the school’s record management plan that will be submitted to and maintained by the Federal and State Compliance Department.

The District shall make a student’s records available to the stu-dent’s parents, as permitted by law. The records custodian or de-signee shall use reasonable procedures to verify the requestor’s identity before disclosing student records containing personally identifiable information.

Records may be reviewed in person during regular school hours without charge upon written request to the records custodian. For in-person viewing, the records custodian or designee shall be available to explain the record and to answer questions. The con-fidential nature of the student’s records shall be maintained at all

ACCESS BY PARENTS



times, and records to be viewed shall be restricted to use only in the Superintendent’s, principal’s, or counselor’s office, or other re-stricted area designated by the records custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school.

Copies of records are available at a per copy cost, payable in ad-vance. Copies of records must be requested in writing. Parents may be denied copies of records if they fail to follow proper proce-dures or pay the copying charge. If the student qualifies for free or reduced-price lunch and the parents are unable to view the records during regular school hours, upon written request of a parent, one copy of the record shall be provided at no charge.

A parent may continue to have access to his or her child’s records under specific circumstances after the student has attained 18 years of age or is attending an institution of postsecondary educa-tion. [See FL(LEGAL)].

A school official shall be allowed access to student records if he or she has a legitimate educational interest in the records.

For the purposes of this policy, “school officials” shall include:

1. An employee, trustee, or agent of the District, including an attorney, a consultant, a contractor, a volunteer, and any out-side service provider used by the District to perform institu-tional services.

2. An employee of a cooperative of which the District is a mem-ber or of a facility with which the District contracts for place-ment of students with disabilities.

3. A contractor retained by a cooperative of which the District is a member or by a facility with which the District contracts for placement of students with disabilities.

4. A parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

All contractors provided with student records shall follow the same rules as employees concerning privacy of the records and shall return the records upon completion of the assignment.

A school official has a “legitimate educational interest” in a stu-dent’s records when he or she is:

1. Working with the student;

ACCESS BY SCHOOL OFFICIALS



2. Considering disciplinary or academic actions, the student’s case, or an individualized education program for a student with disabilities;

3. Compiling statistical data;

4. Reviewing an education record to fulfill the official’s profes-sional responsibility; or

5. Investigating or evaluating programs.

The District shall request transcripts from previously attended schools for students transferring into District schools; however, the ultimate responsibility for obtaining transcripts from sending schools rests with the parent or student, if 18 or older.

For purposes of a student’s enrollment or transfer, the District or campus shall promptly forward in accordance with the time line provided in law education records upon request to officials of other schools or school systems in which the student intends to enroll or enrolls. [See FD(LEGAL), REQUIRED DOCUMENTATION] The District may return an education record to the school identified as the source of the record.

The school principal shall be responsible for ensuring the confiden-tiality of any personally identifiable information in records of stu-dents with disabilities.

A current listing of names and positions of persons who have access to records of students in special education is maintained at the campus.

Within 15 District business days of the record custodian’s receipt of a request to amend records, the District shall notify the parents in writing of its decision on the request and, if the request is denied, of their right to a hearing. If a hearing is requested, it shall be held within ten District business days after the request is received.

Parents shall be notified in advance of the date, time, and place of the hearing. An administrator who is not responsible for the con-tested records and who does not have a direct interest in the out-come of the hearing shall conduct the hearing. The parents shall be given a full and fair opportunity to present evidence and, at their own expense, may be assisted or represented at the hearing.

The parents shall be notified of the decision in writing within ten District business days of the hearing. The decision shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and reasons for the decision. If the deci-sion is to deny the request, the parents shall be informed that they

TRANSCRIPTS AND TRANSFERS OF RECORDS

RECORDS RESPONSIBILITY FOR STUDENTS IN SPECIAL EDUCATION

PROCEDURE TO AMEND RECORDS


DATE ISSUED: 8/7/2012 ADOPTED: 5 of 5LDU 2012.07 FL(LOCAL)-X

have 30 District business days within which to exercise their right to place in the record a statement commenting on the contested information and/or stating any reason for disagreeing with the Dis-trict’s decision.

Directory information for District students has been classified into three separate categories:

1. Items for use only for school-sponsored purposes;

2. Items for use for non-school-sponsored purposes; and,

3. Items for all other purposes.

For the following school-sponsored purposes—all District publica-tions and announcements— directory information shall include student name, address, telephone listing, date and place of birth, photograph, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, awards received, and the most recent previous school attended by a student.

For the following non-school-sponsored purposes:

1. Directory information of current and former students may be released upon request to publicly elected officials in Texas. Directory information released to publicly elected officials may include student name, address, telephone listing, major field of study, participation in officially recognized activities and sports, dates of attendance, and the most recent previous school at-tended by a student; and,

2. Directory information of former students may be released upon request to alumni groups and student reunion committees. Directory information released to alumni groups and student reunion committees may include student name, address, telephone listing, dates of attendance, and the most recent previous school attended by a student.

For all other purposes, directory information shall not be released.

DIRECTORY INFORMATION

SCHOOL- SPONSORED PURPOSES

NON-SCHOOL SPONSORED PURPOSES

ALL OTHER PURPOSES

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SUBJECT: PROPOSED REVISIONS TO BOARD POLICY GF(LOCAL), PUBLIC COMPLAINTS—FIRST READING

The Houston Independent School District (HISD) reviewed its policies on complaints to clarify them and provide more comprehensive information.

Based on this review, the following changes to GF(LOCAL) are recommended:

Clarify the types of complaints listed at OTHER COMPLAINT PROCESSES that must be filed initially in accordance with another policy and then may proceed to GF(LOCAL) for appeal

Provide better direction to the other relevant policies Specify that for Level 3 appeals, the Level 2 records must include the notice of

appeal from Level 1 to Level 2 Clarify that the Administration is permitted to present documentation in support of

its presentation at Level II, just as it is permitted to do so pursuant to DGBA (LOCAL).

Clarify that failure of complainant to attend a scheduled Level I or Level II conference shall result in dismissal of the complaint.

Proposed changes are noted in the attached revised policy.



ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and is aligned to Core Initiative 5: Culture of Trust Through Action.


THIS ITEM DOES MODIFY BOARD POLICY.

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RECOMMENDED: That the Board of Education accept the proposed revisions to Board Policy GF(LOCAL), Public Complaints, on first reading.

Houston ISD 101912 PUBLIC COMPLAINTS GF (LOCAL)

DATE ISSUED: 10/15/20127/17/2008 1 of 6UPDATE 9583 GF(LOCAL)-A

In this policy, the terms “complaint” and “grievance” shall have the same meaning.

Complaints by members of the public shall be filed in accordance with this policy, except as provided below:

Complaints concerning instructional materials shall be filed in accordance with EFA.

Complaints concerning a commissioned peace officer who is an employee of the District shall be filed in accordance with CKE.

The Board encourages the public to discuss concerns and com-plaints through informal conferences with the appropriate adminis-trator.

Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level.

If an informal conference regarding a complaint fails to reach the outcome requested by an individual, he or she may initiate the for-mal process described below by timely filing a written complaint form.

Even after initiating the formal complaint process, individuals are encouraged to seek informal resolution of their concerns. An indi-vidual whose concerns are resolved may withdraw a formal com-plaint at any time.

The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.

Neither the Board nor any District employee shall unlawfully reta-liate against any individual for bringing a concern or complaint.

In this policy, the term “complaint” and “grievance” shall have the same meaning. This policy shall apply to all complaints from the public except as provided below.

This policy shall not apply to:

1. Complaints concerning instructional materials. [See EFA]

2. Complaints concerning a commissioned peace officer who is an employee of the District. [See CKE]

COMPLAINTS

OTHER COMPLAINT PROCESSES

GUIDING PRINCIPLES

INFORMAL PROCESS

FORMAL PROCESS

FREEDOM FROM RETALIATION

COMPLAINTS

EXCEPTIONS

Attachment K-3



Complaint forms and appeal notices may be filed by hand-delivery, fax, or U.S. Mail. Hand-delivered filings shall be timely filed if re-ceived by the appropriate administrator or designee by the close of business on the deadline. Fax filings shall be timely filed if they are received on or before the deadline, as indicated by the date/time shown on the fax copy. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated represent-ative no more than three days after the deadline.

At Levels One and Two, “response” shall mean a written communi-cation to the individual from the appropriate administrator. Res-ponses may be hand-delivered or sent by U.S. Mail to the individu-al’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.

“Days” shall mean District business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following business day is “day one.”

“Representative” shall mean any person who or organization that is designated by an individual to represent the individual in the com-plaint process.

The individual may designate a representative through written no-tice to the District at any level of this process. If the individual de-signates a representative with fewer than three days’ notice to the District before a scheduled conference or hearing, the District may reschedule the conference or hearing to a later date, if desired, in order to include the District’s counsel. The District may be represented by counsel at any level of the process.

Complaints arising out of an event or a series of related events shall be addressed in one complaint. An individual shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.

All time limits shall be strictly followed unless modified by mutual written consent.

If a complaint form or appeal notice is not timely filed, the com-plaint may be dismissed, on written notice to the individual, at any point during the complaint process. The individual may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.

GENERAL PROVISIONS

FILING

RESPONSE

DAYS

REPRESENTATIVE

CONSOLIDATING COMPLAINTS

UNTIMELY FILINGS



Each party shall pay its own costs incurred in the course of the complaint.

Complaints under this policy shall be submitted in writing on a form provided by the District. See GF(Exhibit).

Copies of any documents that support the complaint should be at-tached to the complaint form. If the individual does not have cop-ies of these documents, they may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the individual unless the individual did not know the documents existed before the Level One conference.

A complaint form that is incomplete in any material aspect may be dismissed, but may be refiled with all the required information if the refiling is within the designated time for filing a complaint.

Complaint forms must be filed:

1. Within 15 days of the date the individual first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and

2. With the lowest level administrator who has the authority to remedy the alleged problem.

If the only administrator who has authority to remedy the al-leged problem is the Superintendent or designee, the com-plaint may begin at Level Two following the procedure, includ-ing deadlines, for filing the complaint form at Level One.

If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the appropriate administrator.

The appropriate administrator shall investigate as necessary and hold a conference with the individual within ten days after receipt of the written complaint. The administrator may set reasonable time limits for the conference.

The administrator shall provide the individual a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the administrator may consider information provided at the Level One conference and any other relevant documents or information the administrator believes will help resolve the complaint..

If the individual did not receive the relief requested at Level One or if the time for a response has expired, he or she may request a

COSTS INCURRED

COMPLAINT FORM

LEVEL ONE

LEVEL TWO



conference with the Superintendent or designee to appeal the Lev-el One decision.

The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level One re-sponse or, if no response was received, within ten days of the Lev-el One response deadline.

After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The individual may request a copy of the Level One record.

The Level One record shall include:

1. The original complaint form and any attachments.

2. All other documents submitted by the individual at Level One.

3. The written response issued at Level One and any attach-ments.

4. All other documents relied upon by the Level One administra-tor in reaching the Level One decision.

The Superintendent or designee shall hold a conference within ten days after the appeal notice is filed. The conference shall be li-mited to the issues presented by the individual at Level One and identified in the Level Two appeal notice. At the conference, the individual may provide information concerning any documents or information relied upon by the administration for the Level One de-cision. The Superintendent or designee may set reasonable time limits for the conference.

The conference is not an evidentiary or due process hearing. The individual shall be allotted a specific amount of time to present his or her concerns. The individual may also present witnesses and may submit any available documentation. The administration shall be allotted the same amount of time to present its position and shall be allowed to present witnesses and submit any documenta-tion on the issues addressed at the conference.

There shall be no cross-examination of witnesses, nor shall this conference in any way resemble an evidentiary hearing. Each side shall simply make presentations to the Superintendent or designee within the time restrictions set by the Superintendent or designee.

The Superintendent or designee shall provide the individual a writ-ten response within ten days following the conference. The written response shall set forth the basis offor the decision. In reaching a



decision, the Superintendent or designee may consider the Level One record, information provided at the Level Two conference, and any other relevant documents or information the Superintendent or designee believes will help resolve the complaint.

Recordings of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records.

Failure of the individual to attend a scheduled conference at either Level I or Level II shall result in dismissal of the complaint.

If the individual did not receive the relief requested at Level Two or if the time for a response has expired, he or she may appeal the decision to the Board.

The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level Two re-sponse or, if no response was received, within ten days of the Lev-el Two response deadline.

The Superintendent or designee shall inform the individual of the date, time, and place of the Board meeting at which the complaint will be on the agenda for presentation to the Board.

The Superintendent or designee shall provide the Board with the record of the Level Two appeal.complaint. The individual may re-quest a copy of the Level Two record.

The Level Two record shall include:

1. The Level One record.

2. The notice of appeal from Level One to Level Two.

2.3. The written response issued at Level Two and any attach-ments.

3.4. All other documents relied upon by the administration in reaching the Level Two decision.

If at the Level Three hearing the administration intends to rely on evidence not included in the Level Two record, the administration shall provide the individual notice of the nature of the evidence at least three days before the hearing.

The District shall determine whether the complaint will be pre-sented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law. [See BE]

LEVEL THREE


DATE ISSUED: 10/15/20127/17/2008 ADOPTED: 6 of 6UPDATE 9583 GF(LOCAL)-A

The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the individual and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the complaint and may request that the administration provide an explanation for the decisions at the preceding levels.

In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the Level Three presentation. The Level Three presentation, including the presen-tation by the individual or his or her representative, any presenta-tion from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio re-cording, or court reporter.

The Board shall then consider the complaint. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If the Board does not make a decision regarding the complaint by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the administrative decision at Level Two.



SUBJECT: PROPOSED REVISIONS TO BOARD POLICY DFBB(LOCAL),TERM CONTRACTS: NONRENEWAL—FIRST READING

Prompted by recent changes in law [see DFBB(LEGAL)] regarding nonrenewal of term contracts, the Houston Independent School District (HISD) reviewed its policy on the subject to reflect changes in requirements for employees who request a hearing after receiving notice of proposed nonrenewal.

Recommended revisions to this local policy include:

The addition of cross-references to the reduction in force policies at items nineand 10 in the list of REASONS for nonrenewal; and

Rewording of the text at REQUEST FOR HEARING to clarify that the employee must file a request for a hearing with the Commissioner of Education and provide the board a copy of the written request for hearing submitted to the Commissioner not later than the 15th day after the employee receives the notice of proposed nonrenewal from the district.




ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 2: Improve Human Capital and is aligned to Core Initiative 1: Effective Teacher in Every Classroom.


THIS ITEM MODIFIES BOARD POLICY.

RECOMMENDED: That the Board of Education accept the proposed revisions to Board Policy DFBB(LOCAL), Term Contracts: Nonrenewal, on first reading.

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Houston ISD 101912 TERM CONTRACTS DFBB NONRENEWAL (LOCAL)

DATE ISSUED: 10/15/20124/18/2012

ADOPTED: 1 of 4

UPDATE 95LDU 2012.02 DFBB(LOCAL)-X

In accordance with its data-driven culture, the District is including as a reason for nonrenewal insufficient student academic growth as reflected by value-added data.

Research has reinforced the significant influence teachers have on student achievement. Specifically, research shows that a signifi-cant percent of the variance in student academic progress levels is attributed to the classroom teacher (Ballou, D., Sanders, W., and Wright, P. “Controlling for Student Background in Value-Added As-sessment of Teachers.” Journal of Educational and Behavioral Sta-

tistics, Spring 2004, Vol. 29, No. 1, pp. 37-65). Furthermore, in a comprehensive study on teacher impact, data indicate that stu-dents who start third grade at about the same level of mathematics achievement finish fifth grade mathematics at dramatically different levels depending on the quality of their teachers. (Haycock, Kati. “Good Teaching Matters… A Lot.” Education Trust. Thinking K–16, Vol. 3 Issue 2: 1998).

The recommendation to the Board and its decision not to renew a contract under this policy shall not be based on an employee’s ex-

ercise of Constitutional rights or based unlawfully on an employee’s

race, color, religion, sex, national origin, disability, or age. Reasons for proposed nonrenewal of an employee’s term contract shall be:

1. Deficiencies pointed out in observation reports, appraisals or evaluations, supplemental memoranda, or other communica-tions.

2. Failure to fulfill duties or responsibilities.

3. Incompetency or inefficiency in the performance of duties.

4. Inability to maintain discipline in any situation in which the employee is responsible for the oversight and supervision of students.

5. Insubordination or failure to comply with official directives.

6. Failure to comply with Board policies or administrative regula-tions.

7. Excessive absences.

8. Conducting personal business during school hours when it results in neglect of duties.

9. Reduction in force because of financial exigency. [See DFFA]

10. Reduction in force because of a program change. [See DFFB]

PREAMBLE: TRANSFORMATION OF POLICY REGARDING CONTRACT RENEWALS

REASONS

Attachment K-4


DATE ISSUED: 10/15/20124/18/2012

ADOPTED: 2 of 4


11. Termination of a term contract employee resulting from being displaced by a continuing contract employee, when that em-ployee has been identified for reduction in force.

12. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or possession, use, or being un-der the influence of alcohol or alcoholic beverages while on school property, while working in the scope of the employee’s

duties, or while attending any school- or District-sponsored activity.

13. The illegal possession, use, manufacture, or distribution of a controlled substance, a drug, a dangerous drug, hallucino-gens, or other substances regulated by state statutes.

14. Conviction of a felony or of any crime involving moral turpi-tude; conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony; or deferred adjudication for a felony or any crime involving moral turpi-tude. [See DH]

15. Failure to report any arrest, conviction, or deferred adjudica-tion for any felony or any crime involving moral turpitude as required by policy. [See DH]

16. Failure to meet the District’s standards of professional con-

duct.

17. Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the commu-nity encompassed by the District. Immorality is not confined to sexual matters, but includes conduct inconsistent with recti-tude, or indicative of corruption, indecency, or depravity.

18. Failure to comply with reasonable District requirements re-garding advanced coursework or professional improvement and growth.

19. Disability, not otherwise protected by law, that prevents the employee from performing the essential functions of the job.

20. Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, and community, impairs or diminishes the employee’s effec-

tiveness in the District.

21. Any breach by the employee of an employment contract or any reason specified in the employee’s employment contract.


DATE ISSUED: 10/15/20124/18/2012

ADOPTED: 3 of 4


22. Failure to maintain an effective working relationship, or main-tain good rapport, with parents, the community, or colleagues.

23. A significant lack of student progress attributable to the edu-cator.

24. Behavior that presents a danger of physical harm to a student or to other individuals.

25. Assault on a person on school property or at a school-related function, or on an employee, student, or student’s parent re-

gardless of time or place.

26. Use of profanity in the course of performing any duties of em-ployment, whether on or off school premises, in the presence of students, staff, or members of the public, if reasonably characterized as unprofessional.

27. Falsification of records or other documents related to the Dis-trict’s activities.

28. Falsification or omission of required information on an em-ployment application.

29. Intentional or deliberate misrepresentation of facts to a super-visor or other District official in the conduct of District busi-ness.

30. Failure to fulfill requirements for certification, including pass-ing certification examinations required by state law for the employee’s assignment.

31. Failure to achieve or maintain “highly qualified” status as re-

quired for the employee’s assignment.

32. Failure to fulfill the requirements of a deficiency plan under an Emergency Permit, a Special Assignment Permit, or a Tempo-rary Classroom Assignment Permit.

33. Any attempt to encourage or coerce a child to withhold infor-mation from the child’s parent or from other District personnel.

34. Any reason that makes the employment relationship void or voidable, such as a violation of federal, state, or local law.

35. Insufficient student academic growth as reflected by value-added scores.

36. Any reason constituting good cause for terminating the con-tract during its term.


DATE ISSUED: 10/15/20124/18/2012

ADOPTED: 4 of 4


Administrative recommendations for renewal or proposed nonre-newal of professional employee contracts shall be submitted to the Superintendent. A recommendation for proposed nonrenewal shall be supported by any relevant documentation. The final decision on the administrative recommendation to the Board on each employ-ee’s contract rests with the Superintendent.

The Superintendent shall identify employees whose contracts are recommended for renewal or proposed nonrenewal by the Board. The Board shall consider the reasons in support of the proposed nonrenewal and shall then act on all recommendations. [See DFBB(LEGAL)]

After the Board votes to propose nonrenewal, the Superintendent or designee shall deliver written notice of proposed nonrenewal in accordance with law.

Upon receiving notice of proposed nonrenewal for any reason, an employee on a performance contract shall not request a hearing or contest the proposed nonrenewal in any administrative or judicial forum. [See DCE(LOCAL)]

If the notice of proposed nonrenewal of a Chapter 21 term contract does not contain a statement of the reason or all of the reasons for the proposed action, and the employee requests a hearing, the District shall give the employee notice of all reasons for the pro-posed nonrenewal in a reasonable time before the hearing. The initial notice or any subsequent notice shall contain the hearing procedures.

If theAn eligible employee who desires a hearing after receiving the notice of proposed nonrenewal, the employee shall file a written request with the Commissioner of Education, and providenotify the Board a copy of the request,in writing not later than the 15th day after the date the employee received the notice of proposed non-renewal.

The hearing shall be conducted by an independent hearing exam-iner in accordance with the process described at DFD(LEGAL).

Following the hearing, the Board shall take appropriate action in accordance with Chapter 21 of the Education Code and policy DFD.

If the employee fails to request a hearing, the Board shall take the appropriate action and notify the employee in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent.

RECOMMENDATIONS FROM ADMINISTRATION

SUPERINTENDENT’S

RECOMMENDATION

NOTICE OF PROPOSED NONRENEWAL

REQUEST FOR HEARING

HEARING PROCEDURES

BOARD DECISION

NO HEARING

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SUBJECT: PROPOSED REVISIONS TO BOARD POLICY DFE(LOCAL),TERMINATION OF EMPLOYMENT: RESIGNATION—FIRSTREADING

For consistency with the changes in law at DFE(LEGAL), the local policy has been restructured to distinguish between unilateral resignations, which do not require acceptance by the district, and all other resignations.

To update the Houston Independent School District (HISD) policy regarding resignations, the following revisions to DFE(LOCAL) are recommended:

At CONTRACT EMPLOYEES, the text has been revised to specify that the district is authorized to “receive” rather than “accept” a resignation effective at the end of the school year or submitted after the last day of the school year and before the penalty-free resignation date. As reflected in the policy, such resignations are automatically accepted upon receipt; the district does not take any action to accept them.

The revised policy continues to reflect acceptance of other resignations or submitting them to the board in order for the district to pursue sanctions. Removal of the sentence “If the resignation is submitted after the penalty-free resignation date established by law, acceptance may be contingent on finding a suitable replacement” allows the superintendent to consider a variety of factors in deciding whether to accept such a resignation without limiting the decision to this single factor.

Non-substantive revisions made at GENERAL REQUIREMENTS and REEMPLOYMENT AFTER RESIGNATION.




ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 4: Increase Management Effectiveness and Efficiency and is aligned with Core Initiative

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3: Rigorous Instructional Standards and Supports.



RECOMMENDED: That the Board of Education accept the proposed revisions to Board Policy DFE(LOCAL), Termination of Employment: Resignation, on first reading.

Houston ISD 101912 TERMINATION OF CONTRACTEMPLOYMENT DFERESIGNATION (LOCAL)

DATE ISSUED: 6/5/2007 1 of 2LDU 2007.05 DFE(LOCAL)-X

All resignations shall be submitted in writing, using the district-prescribed form or by letter, to the human resources department by using the prescribed District form or by letter. The employee shall give reasonable notice and shall include in the letter a statement of the reasons for resigning. A prepaid certified or registered letter of resignation shall be considered submitted upon mailing.

The Superintendent or designee shall be authorized to accept the resignation of an at-will employee at any time.

The Superintendent or designee shall be authorized to accept the resignation ofreceive a contract employee’s resignation effective at the end of the school year or submitted after the last day of the school year and effective before the start of the school year. If the resignation is submitted after the penalty-free resignation date. The resignation requires no further action established by law, ac-ceptance may be contingent on finding a suitable replacementthe District and is accepted upon receipt.

For aThe Superintendent or other person designated by Board ac-tion shall be authorized to accept a contract employee’s resignation that issubmitted or effective at any other time. during the school year after the contract employee has begun duty, theThe Superin-tendent or other Board designee shall either accept the resignation or submit the matter to the Board in order to pursue sanctions al-lowed by law.

The Superintendent or designee shall be authorized to accept a contract employee’s resignation if submitted during the school year and effective at the end of the school year.

Once submitted and accepted, the resignation of an employee may not be withdrawn without consent of the Superintendent or desig-nee.

An employee who resigns and later subsequently seeks reem-ployment in the District shall:

1. Be employed on a probationary basis in accordance with ap-propriate policies. DCA(LEGAL)

2. Be placed on the salary schedule in accordance with the ap-propriate section of the Compensation Manual approved by the Board.

3. Forfeit seniority and any unused accumulated local personal leave.

4. Be subject to the personnel policies or any settlement agree-ments pertaining to the reemployment of former employees.

GENERAL REQUIREMENTS

AT-WILL EMPLOYEES

CONTRACT EMPLOYEES

BEFORE THE START OF THE SCHOOL YEAR

DURING THE SCHOOL YEAR

AT THE END OF THE SCHOOL YEAR

WITHDRAWAL OF RESIGNATION

REEMPLOYMENT AFTER RESIGNATION

Attachment K-5

Houston ISD 101912 TERMINATION OF CONTRACTEMPLOYMENT DFERESIGNATION (LOCAL)

DATE ISSUED: 6/5/2007 ADOPTED: 2 of 2LDU 2007.05 DFE(LOCAL)-X

An employee who resigns or retires to avoid District-initiated termi-nation or nonrenewal shall not be eligible for reemployment with the District. An employee who resigns after the District has in-itiated an investigation of alleged misconduct may be eligible for reemployment only after review and approval by the human re-sources department.

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SUBJECT: PROPOSED REVISIONS TO BOARD POLICY DGBA(LOCAL),PERSONNEL-MANAGEMENT RELATIONS: EMPLOYEE COMPLAINTS/GRIEVANCES—FIRST READING

The Houston Independent School District (HISD) reviewed its policies on complaintsto clarify them and provide more comprehensive information.

Based on this review, the following changes to DGBA(LOCAL) are recommended:

At OTHER REVIEW PROCESSES, the heading is changed to OTHER COMPLAINT PROCESSES and the content has been changed to be more comprehensive, directing employees to the appropriate policy if their complaint is regarding one or more of the listed circumstances.

Addition of untimely filings provision consistent with FNG(LOCAL) and GF(LOCAL) giving administration the right to dismiss a complaint or appeal that is not timely filed.

Clarify that the administration is allowed to present witnesses during its presentation at Level II.

Clarify that failure to attend a conference will result in dismissal of complaint. Non-substantive changes made throughout for clarity.




ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 3: Provide a Safe Environment, Goal 4: Increase Management Effectiveness and Efficiency, and Goal 6: Create a Positive District Culture, and is aligned to Core Initiative 5: Culture of Trust Through Action.



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RECOMMENDED: That the Board of Education accept the proposed revisions to Board Policy DGBA(LOCAL), Personnel-Management Relations: Employee Complaints/Grievances, on first reading.

Houston ISD 101912 PERSONNEL-MANAGEMENT RELATIONS DGBAEMPLOYEE COMPLAINTS/GRIEVANCES (LOCAL)

DATE ISSUED: 10/15/20126/5/2012 1 of 9UPDATE 95LDU 2012.05 DGBA(LOCAL)-X

Employees shall not be prohibited from communicating with a member of the Board regarding District operations except when communication between an employee and a Board member would be inappropriate because of a pending hearing or appeal related to the employee.

The dispute resolution process provides employees an orderly process for the prompt and equitable resolution of disputes when a concern has not been resolved. The Board intends that, whenever feasible, disputes be resolved at the lowest possible administrative level. This policy shall not be construed to create new or additional rights beyond those granted by Board policy or law.

For purposes of this policy, “days” shall mean calendar days unless otherwise noted in this policy.

The terms “dispute,” “complaint,” and “grievance” shall have the same meaning. A dispute under this policy may include, but shall not be limited to, any of the following:

1. Grievances concerning an employee’s wages, hours, or con-ditions of work, including employment status.

2. Specific allegations of unlawful discrimination in employment on the basis of race, color, religion, sex (including allegations of sexual harassment), national origin, age, disability, ance-stry, marital status, veteran status, political affiliation, sexual orientation, gender identity, and/or gender expression, if the employee is dissatisfied with the outcome of the investigation under DIA(LOCAL).

3.2. Specific allegations of unlawful discrimination or retaliation on the basis of the employee’s exercise of constitutional rights.

4.3. Whistleblower complaints.

Employee complaints This shall be filed in accordance with this policy, except as provided below: shall not apply to:

1. Complaints alleging discrimination, including violations of Title IX (gender), Title VII (sex, race, color, religion, national origin), ADEA (age), or Section 504 (disability), shall be submitted in accordance with DIA.

2. Complaints alleging certain forms of harassment, including harassment by a supervisor and violation of Title VII, shall be submitted in accordance with DIA.

3. Complaints concerning retaliation relating to discrimination and harassment shall be submitted in accordance with DIA.

DIRECT COMMUNICATION WITH BOARD MEMBERS

DISPUTE RESOLUTION PROCESS

DEFINITIONS

OTHER REVIEW COMPLAINT PROCESSES

Attachment K-6



1.4. Complaints Grievances regarding complaints concerning in-structional materials shall be submitted in accordance with. [See EFA.EFA]

2.5. Complaints concerning a commissioned peace officer who is an employee of the District shall be submitted in accordance with. [See CKE.CKE]

3.6. Complaints concerningarising from the proposed nonrenewal of a term contract issued under Chapter 21 of the Education Code shall be submitted in accordance with: DF series. [See DFBB.DFBB]

4.7. Complaints concerningarising from the proposed termination or suspension without pay of an employee on a probationary, term, or continuing contract issued under Chapter 21 of the Education Code during the contract term shall be submitted in accordance with. [See DFAA, DFBA, or DFCA.DFCA, re-spectively]

The principal of each campus and other supervisory personnel shall ensure that employees under their supervision are informed of this policy.

Neither the Board nor the administration shall unlawfully retaliate against any employee for bringing a grievance under this policy. [See DG(LEGAL)]

Employees who allege adverse employment action in retaliation for reporting a violation of law to an appropriate authority shall initiate a dispute resolution process under this policy within the time speci-fied by law. [See DG(LEGAL)]

The complaint shall first be filed in accordance with the alternative entry into the dispute resolution process, below. Time lines for the employee and the District set out in this policy may be shortened to enable the Board to make a final decision within 60 days of the init-iation of the complaint. [See DG]

Complaints alleging a supervisor’s violation of law may be made to the next line supervisor who is in vertical alignment with the super-visor against whom the complaint is brought. A complaint alleging a violation of law by the Superintendent may be made to the chief human resources officer under the alternative entry process speci-fied in this policy.

The dispute resolution form must specify the individual harm al-leged. An employee is prohibited from bringing separate or serial grievances regarding the same event or action. All time limits shall be strictly complied with unless modified by mutual consent. Costs of any dispute shall be paid by the party incurring them.

NOTICE TO EMPLOYEES


WHISTLEBLOWER COMPLAINTS

COMPLAINTS AGAINST SUPERVISORS

GENERAL REQUIREMENTS



When the Superintendent determines that two or more individual concerns are sufficiently similar in nature and remedy to permit their resolution through one proceeding, he or she may consolidate the disputes.

An employee shall be entitled to representation at any and all meetings that directly relate to the issues that are being addressed in the dispute resolution process. An employee may represent himself or herself or be represented by an individual of his or her choosing. An employee may not designate a representative who claims the right to strike.

The primary purpose of the dispute resolution process is the reso-lution of concerns in an expeditious manner. The time frames set forth at each level of the process are maximums and, whenever possible, the decision-maker should render a decision or resolution within a shorter period of time.

All time frames shall be counted in calendar days, the first day commencing on the next calendar day after the event triggering the time frame. Time frames shall not include days that are District-wide designated holidays.

Although the employee may not file a separate grievance for failure of the administration to comply with established time frames under this policy, upon notification by the grievant or his or her represent-ative, if it is found that an administrator has failed to meet a desig-nated time line, the Superintendent or designee shall issue written administrative directives to a responsible party. The grievant may seek the relief for the lack of compliance with the time frames as set forth below for each step of the process.


If a complaint form or appeal notice is not timely filed, the com-plaint may be dismissed, on written notice to the individual, at any point during the complaint process. The individual may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.

Complaints under this policy shall be submitted in writing on a form provided by the District.

Copies of any documents that support the complaint may be at-tached to the complaint form. If the employee does not have cop-ies of these documents, they may be presented at the Level One or Level Two conferences.

CONSOLIDATION

REPRESENTATION AT DISPUTE RESOLUTION CONFERENCES

TIME FRAMES

UNTIMELY FILINGS

COMPLAINT FORM



A complaint form that is incomplete in any material aspect may be dismissed, but may be refiled with all the required information if the refiling is within the designated time for filing a complaint. Howev-er, no complaint form that has completed the Statement of Concern section and the Remedy Requested section of the form shall be dismissed for failure to submit relevant documentation.

All conferences shall take place during normal District business hours. All participants, including witnesses, shall be released from regular duties and shall suffer no loss of pay or other benefits if, and only if, they receive prior approval from their immediate super-visor. To minimize disruption in the workplace, the supervisor shall work with the hearing officer, the grievant, and the administration, as necessary, to manage the release of employees who are partic-ipants in the conference.

As provided by law, an employee shall be permitted to make an audio recording of a conference or hearing under this policy at which the substance of the employee’s complaint is discussed. The employee shall notify all attendees present that an audio re-cording is taking place. If the grievant records the conference, then the supervisor or administrator may also record the conference.

The parties involved may mutually consent to modify the proce-dures as may be necessary to accomplish the goal of resolving disputes in the most efficient and expeditious manner possible.

An employee may withdraw a dispute at any time. Once with-drawn, a dispute may not be reopened.

A dispute shall be considered withdrawn if an employee fails to pursue the dispute, including failure to attend a scheduled confe-rence, or otherwise is deemed to be unreasonably protracting the process.

When informal discussions fail to resolve the concern or dispute, the employee may obtain a dispute resolution form from the school department or chief schools office, as appropriate, from the Office of Human Resources, or by accessing the District’s Web site, and may file a request for the formal process described below.

The formal process shall consist of Levels One and Two, which are closed to the public. No members of the public may attend except the designated representative. A Level Three presentation to the Board shall be within a properly posted Board meeting. The de-termination of whether the hearing shallwill be opened to the public or held in closed session is within the discretion of the Board, ex-cept that the hearing shall be held in closed session upon request by the employee who is the grievant in the dispute. The only ex-ception to the grievant’s election to hold the hearing in closed ses-

SCHEDULING CONFERENCES

AUDIO RECORDING

MUTUAL AGREEMENT OF THE PARTIES

WITHDRAWAL

INFORMAL RESOLUTION OF CONCERNS

FORMAL PROCESS



sion is when the employee against whom the complaint or a charge is brought makes a written request for an open hearing, in which case the hearing shall be opened to the public.

An individual who has been unable to informally resolve a con-cern/dispute about a wage, hour, or condition of work may initiate a formal dispute. The individual shall file a formal dispute by submit-ting a completed dispute resolution form within 30 calendar days from the date of the alleged action/decision that forms the basis of the concern/dispute and in accordance with the calculation of time frames as set forth above. If the employee did not learn of the ac-tion until a later date, the time shall be counted from the date a reasonable person should have learned of the action/decision through reasonable diligence and in accordance with the calcula-tion of time frames as set forth above.

The completed form must clearly state the dispute regarding an issue of wages, hours, or conditions of work. The form must also clearly state a valid remedy that a supervisor may lawfully grant. A form may be rejected on the grounds that it is not a valid dispute of wages, hours, or conditions of work or that no valid remedy has been stated or may be granted for the alleged act/decision.

The completed dispute resolution form shall be filed with the prin-cipal/department head/work location supervisor who has direct su-pervision of that particular employee.

The immediate supervisor, or other appropriate administrator or designated supervisor assigned to hold the Level One conference, shall convene a conference with the employee within seven calen-dar days of receipt of the completed dispute resolution form in ac-cordance with the calculation of time frames as set forth above. The conference is not an evidentiary or due process hearing. The conference is an informal conference for the sole purpose of dis-cussing and resolving concerns or disputes of an employee with respect to wages, hours, or conditions of work.

There shall be no cross-examination of any witnesses, nor shall this conference in any way resemble an evidentiary hearing. Each side shallwill simply make presentations to the supervisor or the person assigned to hold the Level One conference within the time restrictions set by that person.

The supervisor, or other person assigned to conduct the Level One conference, after considering the matters presented at the confe-rence and any other information he or she believes to be relevant to the dispute, shall issue a decision or resolution with respect to the dispute held by the employee. The decision/resolution shall be rendered no later than seven calendar days from the date of the conference in accordance with the calculation of time frames as set

LEVEL ONE



out above. The decision/resolution shall be provided to the em-ployee on the original dispute resolution form filed by the em-ployee, with attachments, as appropriate.

In the event the employee is not satisfied with the deci-sion/resolution of the Level One hearing officer, or if the administra-tion fails to meet the designated time frame for either convening a conference or rendering a decision within the allotted time frame, the employee may appeal the dispute to Level Two of the dispute resolution process. If the employee does not have the original dis-pute resolution form, he or she may substitute a true and correct copy of the same for filing at Level Two.

An employee must file the appeal within seven calendar days of receipt of the decision/resolution. If the administration’s time line to issue the decision/resolution passes, an employee shall have sev-en calendar days from the date the decision/resolution was due to file his or her appeal. The appeal must be filed with the next line supervisor who is in vertical alignment with the supervisor hearing the dispute at Level One, and a copy must be sent to Employee Relations. The time lines at Level Two shall run from the date the appeal request is received by Employee Relations. Employee Re-lations, in consultation with the appropriate Superintendent’s ap-propriate direct report, shall identify the Level Two hearing officer, who may or may not be a current District employee. The Level Two hearing officer shall convene a conference within ten calendar days of the date of receipt of the dispute resolution form in accor-dance with the calculation of time frames as set forth above. The Level Two hearing officer shallwill have satisfied his or her duty to convene the conference, for purposes of following prescribed time lines, by contacting the employee or his or her representative, of-fering available dates and times for the hearing that shallwill occur at a mutually agreed-upon time, with mutual effort to schedule the conference within that prescribed time frame. If the employee who filed the dispute is unable to attend or cannot secure the represen-tation of choice for the scheduled conference date and time, the Level Two hearing officer shall convene the conference at a mu-tually agreed-upon date and time.

The conference is not an evidentiary or due process hearing; it is an informal conference for the sole purpose of resolving concerns or disputes brought up by an employee with respect to wages, hours, or conditions of work. The conference shall be recorded by a court reporter paid for by the District. The employee shall be al-lotted a specific amount of time to present his or her concerns. The employee may also present witnesses and may submit any available documentation. The administration shall be allotted the same amount of time to present its position and shall be allowed to

LEVEL TWO



present witnesses and submit any documentation on the issues addressed at the conference .

There shall be no cross-examination of witnesses, nor shall this conference in any way resemble an evidentiary hearing. Each side shallwill simply make presentations to the Level Two hearing officer within the time restrictions set by the Level Two hearing officer.

The Level Two hearing officer, after considering the matters pre-sented at the conference and any other information he or she may have, shall arrive at a decision or resolution regarding the dispute. The decision/resolution shall be rendered no later than seven ca-lendar days from the date on which the Level Two hearing officer receives the transcript of the conference in accordance with the calculation of time frames as set forth above. The decision shall be provided to the employee and the administration and/or their rep-resentatives on the original dispute resolution form filed by the grievant or as an affixed attachment to that document. The deci-sion shall be deemed rendered upon confirmation of delivery via facsimile or electronic transmission, with the original to follow, or by proof of mailing of the original document.

If either the administration or the employee is not satisfied with the decision/resolution of the Level Two hearing officer, either party may appeal the dispute to Level Three of the dispute resolution process. Additionally, if a decision/resolution is not rendered within the allotted time frame following receipt of the transcript of the con-ference by the Level Two hearing officer, the employee may appeal to Level Three. No appeal to Level Three may be initiated by the administration without consulting with the Office of the General Counsel.

The Board shallwill not conduct a Level Three hearing until after a Level Two hearing has been convened and a transcript of the hear-ing is available for the Board’s review.

The appeal to the Board shall be filed within seven calendar days of the decision/resolution. If the Level Two hearing officer’s time line to issue the decision/resolution passes, an employee shall have seven calendar days from the day the decision/resolution was due to file his or her appeal. An appeal shall be filed by forwarding the original dispute resolution form or a true and correct copy, in-cluding all attachments and decisions rendered, to the Board Ser-vices Office, Level One of the Houston ISD’s Hattie Mae White Education Support Center. A Level Three hearing request form or a cover letter addressed to the Board President containing a clear request for a hearing must accompany the dispute form, attach-ments, and decisions rendered to date.

LEVEL THREE



The Board shall attempt to hear the dispute within 30 calendar days of its receipt, but the Board is not required to hear the dispute within that time frame. Both parties, the employee, and the admin-istration representative shall make oral arguments before the Board within time restrictions set by the Board. An appeal to the Board shall be based on the record developed at Level Two. No new documents may be submitted by the employee or the adminis-tration as part of the proceedings before the Board. In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of any Level Three presentation it allows. Any Level Three presentation, including the presentation by the employee or the employee’s representative, any presenta-tion from the administration or its representative, and questions from the Board with responses shall be recorded by audio record-ing, video/audio recording, or court reporter, at the discretion of the District.

After hearing and considering the concern of the employee or the administration and the response by the other party, the Board may choose to issue a disposition of the dispute or not to act on it. If the Board chooses to issue a disposition, it shall be done in writing, no later than at the next regularly scheduled Board meeting. The disposition shall be addressed to the employee and to the adminis-tration or its representative.

An alternative method for entry into the formal dispute resolution process shall be used to address:

1. Concerns that are not under the authority of an employee’s immediate supervisor;

2. If an employee is dissatisfied with the result of an investiga-tion concerning specific good-faith allegations of unlawful dis-crimination on the basis of race, color, religion, sex (including allegations of sexual harassment), national origin, age, disa-bility, ancestry, marital status, veteran status, political affilia-tion, sexual orientation, gender identity, and/or gender ex-pression; or

3. The employee exercising his or her constitutional rights.

Concerns of this nature shall specify the individual harm being al-leged.

If the employee believes that the alternative entry into the dispute resolution process is appropriate for issues other than those stated in the previous paragraph, the employee shall transmit the dispute resolution form directly to the chief human resources officer and a copy shall be sent to the employee’s immediate supervisor. The chief human resources officer or designee shall determine whether

ALTERNATIVE ENTRY INTO THE FORMAL DISPUTE RESOLUTION PROCESS


DATE ISSUED: 10/15/20126/5/2012 ADOPTED: 9 of 9UPDATE 95LDU 2012.05 DGBA(LOCAL)-X

the dispute presented should enter at Level One or Level Two of the dispute resolution process, as well as the appropriate adminis-trator to hear and resolve the dispute. The chief human resources officer or designee shall have five business days from the date the dispute is received to inform both the employee and the hearing officer identified to hear and resolve the dispute, in writing, the pro-cedural entry level for that dispute and the hearing officer for that level, in accordance with the calculation of time frames as set forth above.

Notification from the chief human resources officer or designee to the named hearing officer shall include the original dispute resolu-tion form or a true and correct copy of the same.

Receipt of notification by the hearing officer shall trigger time frames for the designated level of the grievance process in accor-dance with the calculation of time frames as set forth above, ex-cept that the time frame to contact the employee or his or her rep-resentative to schedule a hearing shall not exceed 14 calendar days from the date that the dispute was filed with the chief human resources officer. The dispute shallwill proceed using the time lines and procedures for the relevant level as outlined above.

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SUBJECT: PROPOSED REVISIONS TO BOARD POLICY FNG(LOCAL),STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT AND PARENT COMPLAINTS/GRIEVANCES—FIRST READING

The Houston Independent School District (HISD) reviewed its policies on complaints to clarify them and provide more comprehensive information.

Based on this review, the following changes to FNG(LOCAL) are recommended:

The definition of COMPLAINTS and list of EXCEPTIONS (under the heading OTHER COMPLAINT PROCESSES) have been moved to the beginning of the policy and the content has been changed to better direct readers to the appropriate policy if their complaint is regarding one or more of the listed circumstances.

Include retaliation from bullying at item 4 of OTHER COMPLAINT PROCESSES Include complaints concerning final decisions of the gifted and talented selection

committee regarding selection for or exit from the gifted program at item 8. Include complaints concerning admission, placement, or services provided for a

homeless student at item 14. Move the NOTICE TO STUDENTS AND PARENTS about the complaint policy

closer to the beginning of the policy. At LEVEL THREE specify that the Level Two record must include the notice of

appeal from Level One to Level Two. Clarify that the Administration is permitted to present documentation in support of

its presentation at Level II, just as it is permitted to do so pursuant to DGBA (LOCAL).

Clarify that failure to attend a scheduled Level I or Level II conference by complainant shall result in dismissal of the complaint.

Non-substantive changes made throughout for clarity.




K-7

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ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 5: Improve Public Support and Confidence in Schools and is aligned to Core Initiative 5: Culture of Trust through Action.



RECOMMENDED: That the Board of Education accept the proposed revisions to Board Policy FNG(LOCAL), Student Rights and Responsibilities: Student and Parent Complaints/Grievances, on first reading.

Houston ISD 101912 STUDENT RIGHTS AND RESPONSIBILITIES FNGSTUDENT AND PARENT COMPLAINTS/GRIEVANCES (LOCAL)

DATE ISSUED: 10/15/201211/11/2011

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UPDATE 95LDU 2011.11 FNG(LOCAL)-X

In this policy, the terms “complaint” and “grievance” shall have the same meaning.

Student or parent complaints shall be filed in accordance with this policy, except as provided below:

1. Complaints alleging discrimination or harassment based on age, race, color, ancestry, national origin, sex, handicap or disability, marital status, religion, veteran status, political affili-ation, sexual orientation, gender identity, and/or gender ex-pression shall be submitted in accordance with FFH.

2. Complaints concerning dating violence shall be submitted in accordance with FFH.

3. Complaints concerning retaliation related to discrimination and harassment shall be submitted in accordance with FFH.

4. Complaints concerning cyberbullyingcyber bullying, bullying, or retaliation related to bullying shall be submitted in accor-dance with FFI.

5. Complaints concerning loss of credit on the basis of atten-dance shall be submitted in accordance with FEC.

6. Complaints concerning removal to a disciplinary alternative education program shall be submitted in accordance with FOC and the Code of Student Conduct.

7. Complaints concerning expulsion shall be submitted in accor-dance with FOD and the Code of Student Conduct.

8. Complaints concerning any final decisions of the gifted and talented selection committee regarding selection for or exit from the gifted program shall be submitted in accordance with EHBB.

9. Complaints concerning identification, evaluation, or educa-tional placement of a student with a disability within the scope of Section 504 shall be submitted in accordance with FB and the procedural safeguards handbook.

10. Complaints concerning identification, evaluation, educational placement, or discipline of a student with a disability within the scope of the Individuals with Disabilities Education Act shall be submitted in accordance with EHBAE, FOF, and the pro-cedural safeguards handbook provided to parents of all stu-dents referred to special education.

11. Complaints concerning instructional materials shall be submit-ted in accordance with EFA.

COMPLAINTS

OTHER COMPLAINT PROCESSES

Attachment K-7


DATE ISSUED: 10/15/201211/11/2011

2 of 8


12. Complaints concerning a commissioned peace officer who is an employee of the District shall be submitted in accordance with CKE.

13. Complaints concerning intradistrict transfers or campus as-signment shall be submitted in accordance with FDB.

14. Complaints concerning admission, placement, or services provided for a homeless student shall be submitted in accor-dance with FDC.

The District shall inform students and parents of this policy.

The Board encourages students and parents to discuss their con-cerns and complaints through informal conferences with the appro-priate teacher, principal, or other campus administrator.

Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level.

If an informal conference regarding a complaint fails to reach the outcome requested by the student or parent, the student or parent may initiate the formal process described below by timely filing a written complaint form.

Even after initiating the formal complaint process, students and parents are encouraged to seek informal resolution of their con-cerns. A student or parent whose concerns are resolved may with-draw a formal complaint at any time.

The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.

Neither the Board nor any District employee shall unlawfully reta-liate against any student or parent for bringing a concern or com-plaint.

The District shall inform students and parents of this policy.

In this policy, the terms “complaint” and “grievance” shall have the same meaning. This policy shall apply to all student and parent complaints, except as provided below.

This policy shall not apply to:

1. Complaints alleging discrimination or harassment based on age, race, color, ancestry, national origin, sex, handicap or disability, marital status, religion, veteran status, political affili-

NOTICE TO STUDENTS AND PARENTS

GUIDING PRINCIPLES

INFORMAL PROCESS

FORMAL PROCESS


NOTICE TO STUDENTS AND PARENTS

COMPLAINTS

EXCEPTIONS


DATE ISSUED: 10/15/201211/11/2011

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ation, sexual orientation, gender identity, and/or gender ex-pression. [See FFH]

2. Complaints concerning dating violence. [See FFH]

3. Complaints concerning retaliation related to discrimination and harassment. [See FFH]

4. Complaints concerning bullying and cyberbullying. [See FFI. If a student is dissatisfied with the outcome of the investiga-tion as addressed by FFI, he or she may appeal through FNG(LOCAL), beginning at the appropriate level.]

5. Complaints concerning loss of credit on the basis of atten-dance. [See FEC]

6. Complaints concerning removal to a disciplinary alternative education program. [See FOC]

7. Complaints concerning expulsion. [See FOD and the Code of Student Conduct]

8. Complaints concerning identification, evaluation, or educa-tional placement of a student with a disability within the scope of Section 504. [See FB]

9. Complaints concerning identification, evaluation, educational placement, or discipline of a student with a disability within the scope of the Individuals with Disabilities Education Act. [See EHBA, FOF, and the parents’ rights handbook provided to parents of all students referred to special education]

10. Complaints concerning instructional materials. [See EFA]

11. Complaints concerning a commissioned peace officer who is an employee of the District. [See CKE]

12. Complaints concerning intradistrict transfers or campus as-signments. [See FDB]

Complaint forms and appeal notices may be filed by hand-delivery, fax, or U.S. Mail. Hand-delivered filings shall be timely filed if re-ceived by the appropriate administrator or designee by the close of business on the deadline. Fax filings shall be timely filed if they are received on or before the deadline, as indicated by the date/time shown on the fax copy. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated represent-ative no more than three days after the deadline.

GENERAL PROVISIONS

FILING


DATE ISSUED: 10/15/201211/11/2011

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At Levels One and Two, “response” shall mean a written communi-cation to the student or parent from the appropriate administrator. Responses may be hand-delivered or sent by U.S. Mail to the stu-dent’s or parent’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.

“Days” shall mean District business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following business day is “day one.”

“Representative” shall mean any person who or organization that is designated by the student or parent to represent the student or parent in the complaint process. A student may be represented by an adult at any level of the complaint.

The student or parent may designate a representative through writ-ten notice to the District at any level of this process. If the student or parent designates a representative with fewer than three days’ notice to the District before a scheduled conference or hearing, the District may reschedule the conference or hearing to a later date, if desired, in order to include the District’s counsel. The District may be represented by counsel at any level of the process.

Complaints arising out of an event or a series of related events shall be addressed in one complaint. A student or parent shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a pre-vious complaint.


If a complaint form or appeal notice is not timely filed, the com-plaint may be dismissed, on written notice to the student or parent, at any point during the complaint process. The student or parent may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.

Each party shall pay its own costs incurred in the course of the complaint.

Complaints under this policy shall be submitted in writing on a form provided by the District.

Copies of any documents that support the complaint should be at-tached to the complaint form. If the student or parent does not have copies of these documents, copies may be presented at the

RESPONSE

DAYS

REPRESENTATIVE

CONSOLIDATING COMPLAINTS

UNTIMELY FILINGS

COSTS INCURRED

COMPLAINT FORM


DATE ISSUED: 10/15/201211/11/2011

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Level One conference. After the Level One conference, no new documents may be submitted by the student or parent unless the student or parent did not know the documents existed before the Level One conference.

A complaint form that is incomplete in any material aspect may be dismissed, but may be refiled with all the required information if the refiling is within the designated time for filing a complaint.

Complaint forms must be filed:

1. Within 15 days of the date the student or parent first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and

2. With the lowest level administrator who has the authority to remedy the alleged problem.

In most circumstances, students and parents shall file Level One complaints with the campus principal.

If the only administrator who has authority to remedy the al-leged problem is the Superintendent or designee, the com-plaint may begin at Level Two following the procedure, includ-ing deadlines, for filing the complaint form at Level One.

If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the appropriate administrator.

The appropriate administrator shall investigate as necessary and hold a conference with the student or parent within ten days after receipt of the written complaint. The administrator may set rea-sonable time limits for the conference.

The administrator shall provide the student or parent a written re-sponse within ten days following the conference. The written re-sponse shall set forth the basis of the decision. In reaching a deci-sion, the administrator may consider information provided at the Level One conference and any other relevant documents or infor-mation the administrator believes will help resolve the complaint.

If the student or parent did not receive the relief requested at Level One or if the time for a response has expired, the student or parent may request a conference with the Superintendent or designee to appeal the Level One decision.

The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level One re-

LEVEL ONE

LEVEL TWO


DATE ISSUED: 10/15/201211/11/2011

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sponse or, if no response was received, within ten days of the Lev-el One response deadline.

After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The student or parent may request a copy of the Level One record.

The Level One record shall include:

1. The original complaint form and any attachments.

2. All other documents submitted by the student or parent at Level One.

3. The written response issued at Level One and any attach-ments.

4. All other documents relied upon by the Level One administra-tor in reaching the Level One decision.

The Superintendent or designee shall hold a conference within ten days after the appeal notice is filed. The conference shall be li-mited to the issues presented by the student or parent at Level One and identified in the Level Two appeal notice. At the confe-rence, the student or parent may provide information concerning any documents or information relied upon by the administration for the Level One decision. The Superintendent or designee may set reasonable time limits for the conference.

The conference is not an evidentiary or due process hearing. The student or parent shall be allotted a specific amount of time to present his or her concerns. The student or parent may also present witnesses and may submit any available documentation. The administration shall be allotted the same amount of time to present its position and shall be allowed to present witnesses and submit any documentation on the issues addressed at the confe-rence.

There shall be no cross-examination of witnesses, nor shall this conference in any way resemble an evidentiary hearing. Each side shall simply make presentations to the Superintendent or designee within the time restrictions set by the Superintendent or designee.

The Superintendent or designee shall provide the student or parent a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reach-ing a decision, the Superintendent or designee may consider the Level One record, information provided at the Level Two confe-


DATE ISSUED: 10/15/201211/11/2011

7 of 8


rence, and any other relevant documents or information the Super-intendent or designee believes will help resolve the complaint.

Recordings of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records.

Failure of student or parent to attend a scheduled conference at either Level I or Level II shall result in dismissal of the complaint.

If the student or parent did not receive the relief requested at Level Two or if the time for a response has expired, the student or parent may appeal the decision to the Board.

The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level Two re-sponse or, if no response was received, within ten days of the Lev-el Two response deadline.

The Superintendent or designee shall inform the student or parent of the date, time, and place of the Board meeting at which the complaint will be on the agenda for presentation to the Board.

The Superintendent or designee shall provide the Board the record of the Level Two appeal.complaint. The student or parent may re-quest a copy of the Level Two record.

The Level Two record shall include:

1. The Level One record.

2. The notice of appeal from Level One to Level Two.

2.3. The written response issued at Level Two and any attach-ments.

3.4. All other documents relied upon by the administration in reaching the Level Two decision.

If, at the Level Three hearing, the administration intends to rely on evidence not included in the Level Two record,records, the admin-istration shall provide the student or parent notice of the nature of the evidence at least three days before the hearing.

The District shall determine whether the complaint will be pre-sented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law. [See BE]

The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the student or parent and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the complaint and may request that the adminis-

LEVEL THREE


DATE ISSUED: 10/15/201211/11/2011

ADOPTED: 8 of 8


tration provide an explanation for the decisions at the preceding levels.

In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the Level Three presentation. The Level Three presentation, including the presen-tation by the student or parent or the student’s representative, any presentation from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio recording, or court reporter.

The Board shall then consider the complaint. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If the Board does not make a decision regarding the complaint by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the administrative decision at Level Two.

Office of Superintendent of Schools Board of Education Meeting of December 12, 2013 Office of Business and Community Relations Michele Pola, Chief Business and Community Relations Officer SUBJECT: PROPOSED REVISIONS TO BOARD POLICY CW(LOCAL),

NAMING FACILITIES—FIRST READING This agenda item seeks Houston Independent School District (HISD) Board of Education approval to revise board policy CW(LOCAL) with regard to the adoption of school mascots, nicknames, symbols, and emblems. Schools will be given a transition period to meet the mandates regarding the use of mascots. Beginning with the 2014–2015 school year, all schools must be in compliance with the newly revised policy. The proposed changes to are noted in the attached revised policy are currently under review. COST/FUNDING SOURCE(S): None STAFFING IMPLICATIONS: None ORGANIZATIONAL GOALS/IMPACT: This agenda item supports HISD Goal 1:

Increase Student Achievement and HISD Goal 5: Improve Public Support and Confidence in Schools and is aligned to Core Initiative 5: Culture of Trust through Action.

THIS ITEM DOES NOT REQUIRE CONSULTATION. THIS ITEM DOES MODIFY BOARD POLICY. RECOMMENDED: That the Board of Education accept the proposed revisions to

Board Policy CW(LOCAL), Naming Facilities, on first reading.

REVISED12/06/13

K-8

Houston ISD 101912 NAMING FACILITIES CW (LOCAL)

DATE ISSUED: 3/15/2013 1 of 2LDU 2013.01 CW(LOCAL)-X

The Board shall have final authority and responsibility for the nam-ing of District facilities and specific areas of facilities.

For the purpose of this policy, the term District facility shall apply to new and existing schools, including schools scheduled for consoli-dation through redirection or closure, sport complexes, athletic fa-cilities, and other office buildings and facilities. A specific area or portion of a facility shall refer to a wing, annex, library, media cen-ter, auditorium, performing arts center, gymnasium, athletic field, or common area. A specific area or portion of a school shall not apply to classrooms, school offices, and cafeterias.

Citizens and staff members, as well as Trustees, may submit names to be added to a historical list of suggested names. Such list shall be cumulative, shall be maintained in the office of the chief school support officer, and shall be provided to the chairperson of the naming committee.

Schools or other facilities may be named for persons, communities (e.g., neighborhoods), locations (e.g., landmarks), or functions (e.g., District programs). Names of persons to be considered shall be of deceased individuals who have made a significant contribu-tion to the local community, the state, or the nation. In naming any facility for the first time, any waiver of this policy shall require a two-thirds vote of the membership of the Board. In renaming a fa-cility, any waiver of this policy shall require a unanimous vote of the membership of the Board.

In the cases of consolidations, closures, and the like, consideration should be given at the onset as to how the naming shall be han-dled. The name selection committee may consider a new name, an existing name, or a combination of school names.

Specific areas of schools and facilities may be named for persons, communities, locations, or functions. If the area is named after a person, the following criteria shall apply:

• The individual may be living or deceased;

• The individual must have made a significant contribution to the local community, state, or nation; and

• The individual must be widely respected by the community and the general public.

For selecting the name of a school, the Superintendent or desig-nee shall appoint a committee from the area of the school to be named. The committee shall include the chief school officer as chairperson; the principal of the school to be named, if any; and at least five representative community residents with sensitivity to all

NAMING AND RENAMING OF DISTRICT FACILITIES

CRITERIA FOR NAMING FACILITIES

SCHOOLS

SPECIFIC AREAS OF SCHOOLS AND FACILITIES

PROCESS FOR SELECTING NAME OF SCHOOL

Attachment K-8NEW 12/06/13

Houston ISD 101912 NAMING FACILITIES CW (LOCAL)

DATE ISSUED: 3/15/2013 ADOPTED: 2 of 2LDU 2013.01 CW(LOCAL)-X

geographic areas affected by the naming of the school. The chief school officer may also solicit input from other constituents affected by the naming of the school. The chief school officer shall report the consensus of the committee to the Superintendent. Prior to the preparation of an agenda item for Board consideration, the Super-intendent will discuss the recommendation with the Trustee of the area of the school to be named. The Superintendent will present the recommendation to the Board for approval.

For selecting the name of specific areas of schools and facilities, sports complexes, athletic facilities, and any other facilities that are not schools, the Superintendent or designee shall appoint a com-mittee of appropriate individuals and shall present the committee’s recommendation to the Board for approval. No athletic facilities in the District shall be given more than two (dual) names.

All mascots, nicknames, and descriptors—including symbols, ban-ners, flags, pennants, or similar identifiers—used by a school’s sports teams, extracurricular clubs, curricular clubs, or organiza-tions shall respect cultural differences, values, and attitudes. The Board prohibits the use of any race or ethnic group as a mascot or nickname. [See DIA (LOCAL)]

PROCESS FOR SELECTING NAME OF SPECIFIC AREAS AND FACILITIES OTHER THAN SCHOOLS

SCHOOL SYMBOLS

HISD Board of Education Meeting Agenda for December 12, 2013

Documents

Transcript of HISD Board of Education Meeting Agenda for December 12, 2013