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[I. CALL TO ORDER]

[00:00:03]

>> GOOD AFTERNOON AND WELCOME TO THE CALLED MEETING OF THE RICHARDSON ISD BOARD OF TRUSTEES.

I'M REGINA HARRIS, PRESIDENT OF THE BOARD, AND WE DO HAVE A QUORUM TODAY.

WE HAVE A QUORUM PHYSICALLY PRESENT, AND MS. RHINORRHEA AND MS. PACHINKO WILL BE JOINING US VIA VIDEO CONFERENCE.

THE MEETING IS CALLED TO ORDER AT 3:02 PM.

[II. PUBLIC COMMENT SECTION]

IT IS TIME FOR OUR PUBLIC COMMENTS SECTION.

MR. POTEET, DO WE HAVE ANY PERSON'S WISHING TO ADDRESS THE BOARD?

>> YES. WE DO YOU MS. HARRIS?

>> THANK YOU.

>> DURING TODAY'S MEETING, SPEAKERS MAY ONLY COMMENT ON A TOPIC THAT IS ON THE BOARD'S AGENDA.

A SPEAKER WHO ATTEMPTS TO ADDRESS A NON-GENDER RELATED TOPIC MUST STOP HIS OR HER COMMENTS WHEN DIRECTED.

AS A REMINDER, SPEAKERS ARE REQUIRED TO FOLLOW THE PUBLIC COMMENTS PROTOCOL AS NOTED ON THE RISD WEBSITE.

SPEAKER, PLEASE APPROACH THE PODIUM AT THE FRONT OF THE AUDITORIUM.

WHEN I CALL YOUR NAME MR. BLANKENSHIP.

>> GOOD AFTERNOON. MY NAME IS RANDY BLANKENSHIP AND I WISH TO THANK THE BOARD OF TRUSTEES FOR THIS OPPORTUNITY TO SPEAK.

TOPIC IS WHY PUBLIC NOTICE NEEDS CLARIFICATION.

I FOUND CONFLICT AND THE MEETING TO BE STATUS, CONFLICT IS AS FOLLOWS.

ON THE PUBLIC VIEWS PAGE THAT SAYS THE MEETING WILL BE HELD LIVE IN BY VIDEO CONFERENCE TO THE PUBLIC, THIS WOULD INDICATE THE MEETING WOULD BE LIVE TO THE PUBLIC OPEN MEETINGS STATUS FROM THE AGENDA IS STATES CONFLICTING MEETING STATUS BY INNER CLOSED MEETING AND THEN RECONVENE IN OPEN SESSION.

FROM THE AGENDA, YOU HAVE DECIDED TO GO CLOSE SESSION.

I ALSO WENT AND DID A LITTLE BACKGROUND ON WHAT THE TOPIC WAS WITH DISCUSSION REGARDING A LAWSUIT OF SEVEN OTHER ISDS AGAINST THE COMMISSIONER.

MAY I ASK WHAT REASONING DO YOU MAKE YOUR CLAIM TO DISCUSS A LAWSUIT MANNER OF OTHER ISDS? WHAT REASONING DO YOU ARGUE TO GO CLOSED FOR A DISCUSSION ABOUT SOMEONE ELSE'S LAWSUITS? WHAT REASONING CAN YOU GIVE TO KEEP YOUR DISCUSSION SECRET FROM THE PUBLIC? DO YOU HAVE AN AFFILIATION WITH THIS LAWSUIT? IF YOU DECIDE TO GO CLOSE, IT WILL REQUIRE OTHER BOARD AS AGENDA STATES, IF DURING THE COURSE OF THE MEETING, DISCUSSION OF ANY ITEM ON THE AGENDA SHOULD BE HELD IN A CLOSED MEETING, THE BOARD WILL CONDUCT A CLOSED MEETING IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, YADA, YADA, YADA.

BEFORE ANY CLOSED MEETING IS CONVENED, THE PRESIDING OFFICER WILL PUBLICLY IDENTIFY THE SECTION OR SECTIONS OF THE ACT AUTHORIZING THE CLOSED MEETING.

ALL FINAL BOARD ACTIONS AND DECISIONS WILL BE TAKEN IN AN OPEN MEETING.

IF I GO BACK TO THE QUESTION IS, WHY ARE YOU ASSEMBLED TO DISCUSS SOMEONE ELSE'S LAWSUIT? WHY MUST IT BE CLOSED? SIMPLE ANSWER PROBABLY BE COULD BE GIVEN BEFORE WHEN YOU PRONOUNCE THE ACT, IT'S APPLYING WITH THIS AND IF WE GO CLOSE I'D JUST LIKE TO KNOW WHY.

SO JUST A COUPLE OF QUESTIONS.

THANK YOU VERY MUCH. I MADE IT SHORT.

>> THANK YOU MR. BLANKENSHIP.

MS. HARRIS, THAT CONCLUDES THE PUBLIC SPEAKERS TODAY.

>> THANK YOU AND THANK YOU FOR ATTENDING THIS AFTERNOON.

[III. ENTER CLOSED MEETING]

IN ACCORDANCE WITH SECTION 551.071 OF THE TEXAS OPEN MEETING'S ACT, WE WILL NOW MOVE INTO CLOSED SESSION.

WE WILL TAKE A FIVE-MINUTE BREAK TO ALLOW AN OPPORTUNITY FOR ANY VISITORS OR STAFF WHO ARE NOT NECESSARY FOR THE CLOSED SESSION TO EXIT THE ROOM.

THE BOARD IS RETURNING TO OPEN SESSION

[IV. RECONVENE IN OPEN SESSION]

AT 4:27 PM HAVING TAKEN NO ACTION IN CLOSED SESSION.

OUR ONLY ACTION ITEM FOR TONIGHT IS TO CONSIDER JOINING THE KING'S VEAL INDEPENDENT SCHOOL DISTRICT, ET AL AND A LITIGATION AGAINST MIKE MARAT IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION, CHALLENGING THE TEXAS EDUCATION AGENCY'S FAILURE TO COMPLY WITH THE TEXAS EDUCATION CODE AND ADEQUATELY NOTIFIES SCHOOL DISTRICTS ON THE CHANGES TO THE WAY ACCOUNTABILITY RATINGS ARE GOING TO BE CALCULATED FOR THE 2022/2023 SCHOOL YEAR. MS. BRANUM.

>> THANK YOU MS. HARRIS. THANK YOU. BOARD OF TRUSTEES.

[00:05:01]

I FIRST WANT TO THANK OUR BOARD FOR CARVING OUT THIS TIME IN THEIR DAY.

TIMING IS OF THE ESSENCE IN THIS MATTER, AND SO I REALLY DO APPRECIATE YOU MAKING THIS A PRIORITY.

I ALSO WANT TO ACKNOWLEDGE MS. RHINORRHEA AND MS. PACHINKO WHO ARE WITH US VIRTUALLY AND THANK THEM AS WELL.

I HAVE A BRIEF PRESENTATION JUST TO PROVIDE CONTEXT FOR THE BOARD AND FOR OUR COMMUNITY AND FOR OUR STAFF WHY WE ARE GATHERED HERE TODAY, AND THEN I WILL MAKE A RECOMMENDATION.

REALLY TODAY WE HAVE SPENT MEETING UPON MEETING, HOUR UPON HOUR TALKING ABOUT THE CHANGES IN STAR 2.0 AS WELL AS CHANGES IN THE A -F ACCOUNTABILITY SYSTEM.

I'M NOT GOING TO BELABOR THOSE TO THE LEVEL OF DETAIL THAT WE HAVE IN THE PAST, BUT I DO WANT TO REMIND THE BOARD OF THE A-F ACCOUNTABILITY DISCUSSION, DISCUSSION OF THE POTENTIAL LAWSUIT, AND THEN REVIEW OF THE RESOLUTION THAT WE ARE PROPOSING TONIGHT.

FIRST AND FOREMOST AS YOU KNOW FOR THE '22/'23 SCHOOL YEAR, THE TEXAS EDUCATION AGENCY DID DO A REFRESH OF THE STAR IN THE EOC ASSESSMENTS.

WE AFFECTIONATELY CALL THEM STAR 2.0.

IT WAS INCLUDED A TRANSITION TO ALL TESTS BEING GIVEN ONLINE.

THE ADDITION OF NEW ITEM TYPES, CROSS-CURRICULAR PASSAGE, AND THE INCLUSION OF WRITING IN THE THREE THROUGH EOC PROGRAM.

THE STAR 2.0 WAS THE FIRST LAYER OF CHANGES THAT ALL DISTRICTS WERE REALLY HAD TO TACKLE FOR '22/'23 THEN THAT WAS COUPLED WITH A REFRESH OF THE ACCOUNTABILITY SYSTEM.

OUR CURRENT ACCOUNTABILITY SYSTEM IS THE A-F RATING SYSTEM, AND SO NOT ONLY WERE WE CHANGING THE TESTS FOR '22/'23, BUT WE WERE ALSO GOING TO BE CHANGING HOW WE WERE GOING TO BE RATED USING THAT STAR 2.0 ASSESSMENT.

TODAY WE'RE REALLY GATHERED AROUND HERE FOR THIS PARTICULAR TEXAS EDUCATION CODE 39.054 IN WHICH IT SAYS EACH SCHOOL YEAR THE COMMISSIONER SHALL PROVIDE EACH SCHOOL DISTRICT A DOCUMENT IN A SIMPLE, ACCESSIBLE FORMAT THAT EXPLAINS THE ACCOUNTABILITY PERFORMANCE MEASURES, METHODS, AND PROCEDURES THAT WILL BE APPLIED FOR THAT SCHOOL YEAR, AND ASSIGNING EACH SCHOOL DISTRICT AND CAMPUS A PERFORMANCE RATING UNDER SECTION 39.054.

THIS ACCOUNTABILITY DOCUMENT, WE OFTEN REFER TO IT AS THE ACCOUNTABILITY MANUAL OR THE ACCOUNTABILITY STANDARDS.

THE REQUIREMENT DOCUMENT WAS ISSUED BUT IT WAS USING THE OLD SYSTEM.

HOWEVER, THE COMMISSIONER PLANS TO USE A SYSTEM THAT IS DIFFERENT FROM THE ONE FOR WHICH HE ISSUED THE REQUIRED DOCUMENT.

WE RECEIVED IN '22/'23 A DOCUMENT THAT SAID HERE ARE THE ACCOUNTABILITY RATINGS AND HOW IT WAS GOING TO BE CALCULATED, BUT IT WAS THE OLD A-F ACCOUNTABILITY AND HE COMMUNICATED THROUGHOUT THE SCHOOL YEAR THAT THERE WERE GOING TO BE SUBSTANTIVE CHANGES TO DOMAINS 2, 3, AND 4 ON HOW WE WERE GOING TO CALCULATE A-F ON TOP OF THE CHANGE IN THE ASSESSMENT.

JUST TO REMIND THE BOARD AND OUR COMMUNITY OF THE CHANGES AND THE TIMELINE OF THE CHANGES FOR BOTH A STAAR AND THE EOC.

YOU WILL NOTE THAT THEY ARE REQUIRED TO RELEASE THE RATINGS ON AUGUST 15TH AND AS YOU KNOW IT WAS DELAYED TILL SEPTEMBER AND THEN THE COMMISSIONER JUST ANNOUNCED THAT NOW WE ARE GOING TO BE DELAYED UNTIL THE END OF OCTOBER, EARLY NOVEMBER.

PART OF THE CONCERN THAT I HAVE AS A SUPERINTENDENT IN RISD ON BEHALF OF OUR STAFF AND OUR PRINCIPALS AND OUR TEACHERS, ARE THAT NOT ONLY DID WE NOT HAVE ADEQUATE TIME TO MAKE ADJUSTMENTS THAT WE WOULD NEED TO FOR '22-'23 A-F ACCOUNTABILITY, BUT WE STILL FOR '23-'24 HAVE NOT BEEN PROVIDED THE GUIDING DOCUMENT TO KNOW WHAT WE WOULD BE HELD ACCOUNTABLE FOR, FOR '23-'24.

WE DON'T REALLY YET KNOW WHAT CHANGES ARE GOING TO BE MADE BASED UPON THE COMMUNICATION WE JUST RECEIVED AND WHEN THOSE ARE GOING TO BE COMMUNICATED.

JUST TO PROVIDE A HIGHLIGHT BECAUSE FOR OUR COMMUNITY AND FOR SOME OF OUR FAMILIES THAT MAY NOT UNDERSTAND THE SIGNIFICANCE OF THE CHANGE IN THE A-F CALCULATION, I JUST WENT THROUGH AND WHETHER IT'S STAAR PERFORMANCE, THERE WAS REALLY NO SUBSTANTIAL CHANGES MADE TO THE STAAR PERFORMANCE.

CCMR, I THINK MAJOR CHANGES IS AN UNDERSTATEMENT, I THINK THEY WERE HUMONGOUS CHANGES AND HOW CCMR WAS TO BE CALCULATED.

I ALSO THINK IT'S IMPORTANT TO NOTE THAT OUR CCMR, HOW THAT IS CALCULATED IS BASED UPON THE PREVIOUS YEAR'S GRADUATING CLASS.

[00:10:04]

FOR '22-'23 WE ARE ACTUALLY TALKING ABOUT THE SENIORS THAT GRADUATED THE YEAR PRIOR.

WE FOUND OUT PROPOSED CHANGES FOR CCMR FOR STUDENTS THAT GRADUATED AND WE HAD NO ABILITY TO ADJUST OUR STRATEGY, OUR SUPPORTS IN ORDER TO ENSURE THAT THEY MET THE NEW REQUIRED INDICATORS FOR COLLEGE AND CAREER MILITARY READINESS.

JUST TO PROVIDE THAT CONTEXT.

GRADUATION RATE, THEY INCREASED THE GRADUATION RATE.

ACADEMIC GROWTH, RE-SCALED THE ACADEMIC GROWTH.

HOW WE USED TO RECEIVE CREDIT FOR STUDENTS WHO WERE GROWING IS DIFFERENT THAN WHAT WE WERE USED TO PRIOR.

RELATIVE PERFORMANCE, RELATIVE REALLY NO SPECIFIC CHANGES THERE AND THEN IN DOMAIN 3 THAT WAS ALL RE-SCALED.

NOW, I WANT TO GO INTO THIS TO MAKE SURE THAT IT IS CLEAR.

RICHARDSON ISD, ON BEHALF OF THE STAFF WE BELIEVE IN ACCOUNTABILITY.

WE WANT TO BE HELD ACCOUNTABLE FOR GROWTH IN OUR STUDENTS.

OUR TAXPAYERS, OUR PARENTS, TRUST ME, TRUST YOU-ALL WITH CREATING AN ENVIRONMENT WHERE ALL STUDENTS CAN BE SUCCESSFUL AND THAT THEY CAN GROW AND THAT THEY ARE GOING TO LEAVE EARNING A DIPLOMA THAT IS GOING TO ALLOW THEM TO BE FUTURE READY.

WE WANT TO BE HELD ACCOUNTABLE FOR THAT.

I BELIEVE WE NEED TO BE HELD ACCOUNTABLE FOR THE TAXPAYER DOLLARS AND THE TAXPAYER INVESTMENT INTO STUDENT ACHIEVEMENT.

BUT I DO BELIEVE THAT THE ACCOUNTABILITY SYSTEM SHOULD BE SOMETHING THAT IS COMMUNICATED IN A TRANSPARENT WAY AND IN A TIMELY WAY THAT ALLOWS US TO MAKE THE SYSTEM ADJUSTMENTS WE NEED SO THAT WE CAN MEET THE INCREASED STANDARDS.

I'M NOT OPPOSED TO INCREASE STANDARDS IN THE A-F ACCOUNTABILITY SYSTEM.

AS WE INCREASE, WE CONTINUE TO IMPROVE STUDENT PERFORMANCE, WELL THEN THE BAR SHOULD BE SET HIGHER.

I BELIEVE IN THAT. BUT IT SHOULD BE DONE IN A TRANSPARENT AND IN A TIMELY WAY THAT ALLOWS US TO RESPOND, AND THAT WE FEEL LIKE HAS NOT BEEN DONE.

I WANT TO USE AN ANALOGY AND I APOLOGIZE SEVERAL OF YOU HAVE HEARD THIS MULTIPLE TIMES.

BUT FOR OUR COMMUNITY MEMBERS WHO MAY NOT HAVE USED THIS, I THINK IF YOU WERE TO TALK TO OUR HIGH SCHOOL PRINCIPALS, SPECIFICALLY OUR HIGH SCHOOL PRINCIPALS, OUR JUNIOR HIGH PRINCIPALS WHO ARE IMPACTED THE MOST BY THESE ACCOUNTABILITY CHANGES IN THE WAY, IN THE TIMING THAT THEY WERE COMMUNICATED.

THEY WOULD TELL YOU IT FEELS LIKE AND IT HAS BEEN COMMUNICATED IN A WAY THAT IF THE UIL CAME TO US AND SAID WE MADE CHANGES FOR LAST YEAR 6A BASKETBALL STATE CHAMPIONSHIP.

WE NO LONGER ARE GOING TO ALLOW THE THREE-POINT LINE TO BE WHERE IT WAS LAST YEAR, WE'RE GOING TO ACTUALLY EXTEND IT BY 10 FEET.

WE WENT BACK AND WE WATCHED THE GAME FILM AND BASED UPON THE NUMBER OF THREE POINTS EARNED BY EACH TEAM, LIKE HIGHLANDS HIGH SCHOOL YOU ACTUALLY LOST THE STATE CHAMPIONSHIP AND WE'RE TAKING YOUR TROPHY AND WE'RE GIVING IT TO ANOTHER TEAM.

WE WOULD NOT DO THAT TO UIL, WE WOULD NOT ALLOW UIL THAT WE WOULD NOT ALLOW A CLASSROOM TEACHER TO CHANGE THEIR GRADING METRICS MIDWAY, OUR GPA WHEN WE CALCULATE GPA AND CLASS RANK.

DR. LIEBER WOULD ALWAYS TELL YOU, WE WILL NEVER ADJUST THE WAY THAT WE CALCULATE CLASS RANK IN THE MIDDLE OF THEIR SYSTEM.

THAT WOULD BE CHANGING THE RULES OF THE GAME IN THE MIDDLE OF THE GAME FOR THEM.

WE WOULD NOT DO THAT TO THEM AND WE SIMPLY ASK THAT, THAT SAME THING BE DONE FOR US.

THE OTHER JUST CONTEXTUAL THING I THINK FOR EVERYONE IS THAT IN THE HISTORY OF MY 26 YEARS AS AN EDUCATOR, I KNOW MISS MCGOWAN IS 23 YEARS AS A GENERAL LEGAL COUNSEL, WE HAVE NEVER HAD A SITUATION IN WHICH THERE WAS SUCH A SUBSTANTIAL CHANGE DONE TO THE STAAR, SUBSTANTIAL CHANGE DONE TO THE WAY WE WERE GOING TO BE GIVEN A GRADE IN THE A-F. AT THE SAME TIME, NOR WAS THERE EVER NOT A HOLD HARMLESS PROVISION GIVEN, WHERE WE HAD A YEAR TO STUDY THE CHANGES AND MAKE THE APPROPRIATE ACCOMMODATIONS THAT WE NEED TO IN ORDER TO MEET THOSE NEW STANDARDS.

ALL OF THIS IS HITTING AT A TIME WHEN AS WE SHARED WITH THE BOARD AT OUR LAST MONTH OUR STUDENT PERFORMANCE HAS INCREASED.

YET BASED UPON THE STANDARDS, THE WAY THAT THE NEW A-F ACCOUNTABILITY RATINGS WOULD NOT BE REFLECTING THAT STUDENT GROWTH.

AS A RESULT OF THAT WHAT REMEDY ARE WE SEEKING?

[00:15:02]

THE O'HANLON LAW FIRM, ALONG WITH THOMPSON AND HORTON, AND HAVE FILED FIRST AS O'HANLON LAW FIRM FIRST FILED A LAWSUIT WITH THOMPSON AND HORTON AND SCHOOL DISTRICTS JOINING AS INTERVENERS.

THEY HAVE FILED A LAWSUIT BASICALLY ASKING FOR A REMEDY THAT WOULD INCLUDE THE COMMISSIONER TO ISSUE RATINGS FOR THE '22-'23 SCHOOL YEAR AND THE '23-'24 SCHOOL YEAR USING THE EXISTING SYSTEM.

BASICALLY, LET'S BE CALCULATED THE WAY WE KNEW WE WERE SUPPOSED TO BE CALCULATED NOT MAKE THESE CHANGES AND ALTERNATIVELY FOR THE COMMISSIONER TO ISSUE NO RATINGS FOR THE TWO SCHOOL YEARS.

REALLY WE'RE ASKING THE JUDGE FOR ONE OF THOSE TWO REMEDIES.

EITHER HOLD US ACCOUNTABLE FOR THE A-F AND DO NOT MAKE THOSE CHANGES YET AND GIVE US A HOLD HARMLESS PERIOD OR ISSUE NO RATINGS.

NOW, WE RECOGNIZE IN STATUTE THAT THE COMMISSIONER IS REQUIRED TO GIVE US SOME RATING SO THAT IS WHY YOU WILL SEE THAT FIRST BULLET IS OUR MAIN REMEDY SEEKING.

THEN WE'RE ALSO ASKING THAT TEA ANNOUNCE A DELAY FOR THE '22-'23 ACCOUNTABILITY A-F RATINGS.

THAT DOES NOT ALONE PROVIDE THE RELIEF BEING SOUGHT BECAUSE EVEN IN THE ANNOUNCEMENT OF THE DELAY, EVEN FOR NOT ONLY FOR '22-'23 BUT ALSO FOR '23-'24, WE STILL DON'T KNOW HOW WE ARE GOING TO BE HELD ACCOUNTABLE AND WHAT THE A-F CALCULATIONS WE'LL LOOK FOR.

WE JUST WANTED TO PROVIDE CONTEXT THAT WE'RE NOT ALONE IN OUR CONCERN AROUND THE COMMISSIONERS NOT FOLLOWING WHAT HE IS REQUIRED TO DO IN STATUTE, AND THERE ARE MULTIPLE DISTRICTS WHO HAVE EITHER JOINED AND ARE PARTICIPATING IN THE LAWSUIT THROUGH THE O'HANLON OR THROUGH THOMPSON AND HORTON.

THERE ARE STILL A SERIES OF DISTRICTS THAT ARE IN THE PROCESS OF CONSIDERING JOINING AND WE'LL BE HAVING THEIR MEETINGS I WOULD SAY IN THE NEXT SEVEN DAYS.

WHAT IS THE TIMELINE AND WHAT WOULD THE POTENTIAL COST BE FOR US? I KNOW THIS BOARD AND I KNOW OUR LEADERSHIP TEAM DOES NOT TAKE ENTERING INTO A LAWSUIT LIGHTLY.

WE DO NOT WANT TO BE IN THIS BUSINESS OF LITIGATION.

I AM SOLELY IN THE BUSINESS OF EDUCATING KIDS AND I WANT TO ENSURE THAT WE HAVE A SYSTEM THAT IS ABOUT GROWING OUR KIDS AND ENSURING THEY LEAVE AT THE END OF THE DAY BETTER WHEN THEY CAME IN.

HOWEVER, I DO FEEL THAT THIS SYSTEM AND THE WAY THAT IT HAS BEEN COMMUNICATED AND THE TIMING OF THAT SYSTEM IS NOT WHAT WE WOULD WANT FOR OUR SCHOOL DISTRICT, IS NOT REPRESENTATIVE OF THE GROWTH IN THE WORK THAT IS HAPPENING CLASSROOM TO CLASSROOM.

AS A RESULT OF THAT, I AM BRINGING THIS FORWARD FOR THE BOARD'S CONSIDERATION.

IT IS A WEIGHT TO ASK US TO CONSIDER JOINING ANY LITIGATION.

BASICALLY THE TIMELINE WOULD BE THAT THE TEMPORARY RESTRAINING ORDER HEARING IS SCHEDULED FOR SEPTEMBER 25TH WITH A DEADLINE REQUESTED BY THE LAW FIRMS THAT THEY KNOW BY SEPTEMBER 26 IF THERE ARE ANY ADDITIONAL DISTRICTS THAT WOULD BE JOINING.

OUR ESTIMATED COST WOULD BE SOMEWHERE BETWEEN FIVE AND 10,000 WITH A $10,000 CAP THAT IS WRITTEN IN THE AGREEMENT.

RICHARDSON ISD, OUR COSTS WOULD NOT EXCEED $10,000.

IT'S IMPORTANT TO NOTE THAT THAT COST WILL GO DOWN AS MORE DISTRICTS JOIN BECAUSE THE MERITS OF THIS ARE THAT WE CAN COST-SHARE AND SO WE HOPE TO GET THAT NUMBER DOWN AS LOW AS POSSIBLE.

AGAIN, WE KNOW BUDGETS ARE TIGHT AND SO ASKING THE BOARD TO COMMIT THESE DOLLARS I KNOW IS AN ASK, BUT I DO AGAIN BELIEVED THAT THE REMEDY BEING SOUGHT IS WORTH THAT ASK.

>> DR. HELLER, I'M GOING TO ASK HER TO CHIME IN AND SHARE A LITTLE BIT ABOUT OUR COMMUNICATION AND TIMELINE, REGARDLESS OF HOW THE BOARD VOTES.

WE KNOW WE EITHER NEED TO COMMUNICATE WHY THE BOARD MADE THE DECISION TO JOIN THIS LAWSUIT OR MAYBE WHY THEY CHOSE NOT TO AND SO IF YOU'LL SHARE THE COMMUNICATION PLAN.

>> ABSOLUTELY, YES. SUPERINTENDENT BRANUM, BOARD OF TRUSTEES, WE HAVE BEEN WORKING ON COMMUNICATIONS THROUGHOUT THE LAST WEEK, DEPENDING ON THE OUTCOME OF THE DECISION MADE THIS AFTERNOON.

FIRST AND FOREMOST, ONE OF OUR PRIMARY MESSAGES IS THAT RICHARDSON ISD SUPPORTS IMPLEMENTING INCREASED RIGOR AND STANDARDS FOR STUDENT PERFORMANCE, BUT THAT THE SYSTEM NEEDS TO BE FAIR AND PROVIDE ADEQUATE NOTICE.

SO THAT IS A PRIMARY MESSAGE WITHIN THIS COMMUNICATION, IF WE END UP SENDING IT.

FIRST AND FOREMOST, WE WILL WORK WITH SUPERINTENDENT BRANUM TO COMMUNICATE WITH STAFF FIRST THING IN THE MORNING, AS WELL AS USE SEVERAL OF OUR OTHER COMMUNICATION CHANNELS, A WEBSITE STORY TO BE POSTED.

THIS IS CONSISTENT WITH WHAT SOME OF

[00:20:01]

THE OTHER DISTRICTS HAVE BEEN DOING WITH THEIR COMMUNICATIONS, AS WELL AS UTILIZING OUR FRIDAY SCHOOL TIMES COMMUNITY NEWSLETTER TO PROVIDE INFORMATION TO THE BROADER COMMUNITY.

>> THANK YOU, DR. HELLER. WITH THAT, I AM RECOMMENDING THAT THE BOARD SUPPORT THE RESOLUTION ENTERING INTO LITIGATION AGAINST MIKE MARAT AND HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION, CHALLENGING LACK OF TRANSPARENCY AND CALCULATION OF SCHOOL DISTRICT ACCOUNTABILITY RATINGS.

WITH THAT, WE'RE HAPPY TO TAKE ANY QUESTIONS.

>> IS THERE A MOTION?

>> SO MOVED.

>> THANK YOU. MR. POTEET. IS THERE A SECOND?

>> SECOND.

>> THANK YOU, MR. EAGER. THERE IS A MOTION BY MR. POTEET, A SECOND BY MR. EAGER. ARE THERE ANY QUESTIONS OR COMMENTS FROM THE BOARD?

>> YES, MS. HARRIS.

I APPRECIATE THE PRESENTATION.

I KNOW THAT THIS HAS BEEN A RAPID CHANGING LANDSCAPE OVER THE LAST COUPLE OF WEEKS AND OBVIOUSLY CHANGED THIS WEEK WITH THE ANNOUNCEMENT OF CHANGES ON TEA'S SIDE AS WELL, MORE CHANGES.

I WANT TO START AND I KNOW AND PROBABLY A LOT OF MY PEERS ECHO THIS, BUT I ALSO AM VERY ANTI-LITIGIOUS.

I START FROM THE POSITION OF THIS IS THE LAST CASE SCENARIO TO ENTER INTO A LAWSUIT.

THEN FROM THERE, I THINK THAT WE START DOING OUR DUE DILIGENCE AND GET EDUCATED ON WHERE WE ARE, WHAT THE MERITS ARE, WHAT OUR OPTIONS ARE GOING FORWARD.

I WANT TO SAY THAT IN MY MIND, WHAT I DO IS I SEPARATE THE MERIT.

START BY SEPARATING THE MERIT OF THE CASE VERSUS THE ACTION OF THE LAWSUIT.

SO I'M TOTALLY ON BOARD WITH THE MERIT AND WAS FROM THE BEGINNING BECAUSE I AM 100% LIKE ALL OF US FOR ACCOUNTABILITY AND I'LL BE THE FIRST TO STAND UP AND BE ACCOUNTABLE IN THIS DISTRICT.

BUT THERE'S A RIGHT WAY TO DO THAT AND A WRONG WAY TO DO THAT AND THE STATE, IN MY OPINION, IS DOING THE WRONG WAY RIGHT NOW.

WE DON'T HAVE A LOT OF LEVERS TO PULL.

I KNOW WE'VE TALKED ABOUT WHAT OPTIONS WE HAVE.

THIS IS REALLY ONE OF THE ONLY LEVERS OR BUTTONS THAT WE HAVE TO REACT TO THE STATE, TO TEA'S SPECIFICALLY IS THROUGH LEGAL MEANS.

THROUGH THAT PROCESS, I FEEL LIKE WE HAVE AN OBLIGATION TO THE COMMUNITY, TO THE STUDENTS, TO THE PARENTS, TO EVERY COMMUNITY MEMBER, TO TURN OVER EVERY ROCK AS WE DO OUR DUE DILIGENCE AND SEE WHAT'S GOOD FOR THE DISTRICT.

IS THIS GOOD FOR THE DISTRICT? THAT'S GOT TO BE THE LENS THAT WE LOOK AT ENTERING INTO A LAWSUIT, ESPECIALLY AGAINST SOMEBODY LIKE TEA.

I'M GLAD THAT WE HAVE DONE THAT DUE DILIGENCE.

I'M CONVINCED THAT THIS IS THE RIGHT MOVE TO MAKE.

I WISH IT DIDN'T COME TO THIS AND I HOPE THAT IT DOES PAY OFF.

BUT I THINK THAT TAKING THIS POSITION DOES PAY OFF IN THE LONG RUN AS WELL AND IT IS GOOD FOR THE DISTRICT.

IT STATES WHAT WE THINK IS GOOD FOR OUR DISTRICT IS AN INDEPENDENT SCHOOL DISTRICT.

I JUST WANTED TO WORK THROUGH THAT PROCESS IN MY MIND OF HOW WE GO THROUGH THIS AND HOW WE GOT TO THIS POINT AND HOW SOLID I AM IN SUPPORTING THIS, NOT ONLY JUST IN MERIT, BUT ALSO IN ACTION.

JUST WANTED TO PUT THAT OUT THERE.

>> THANK YOU, MR. POTEET. I THINK MS. MCGOWAN HAD A COMMENT OR QUESTION.

>> FIRST, A QUESTION.

[NOISE] BECAUSE I AGREE WITH EVERYTHING MY COLLEAGUE JUST STATED AS WELL.

AS FAR AS THE COMMISSIONER GOES, THIS IS OUR ONLY OPTION IN COMMUNICATING WITH HIM ABOUT OUR AGREEING OR DISAGREEING WITH HIM ON THIS ISSUE.

>> I WANT TO FIRST SAY THAT WE HAVE SPENT COLLECTIVELY SCHOOL DISTRICT SUPERINTENDENTS PROBABLY 6-9 MONTHS TRYING TO WORK ALONGSIDE THE COMMISSIONER ON SHARING OUR CONCERNS ABOUT THE ATF, OUR IDEAS REALLY TRYING TO PROBLEM-SOLVE WITH THE COMMISSIONER AND I DO BELIEVE THE COMMISSIONER HAS GOOD INTENT WITH WHAT HE IS TRYING TO PROPOSE.

I DO BELIEVE HE WANTS TO HAVE A SYSTEM THAT ALLOWS THE COMMUNITY TO UNDERSTAND HOW STUDENTS ARE PERFORMING.

BUT OUTSIDE OF TRYING TO WORK WITH HIM IN TERMS OF MEETINGS, COMMUNICATIONS, EMAILS, PHONE CALLS, THERE IS NO OTHER FORMAL RECOURSE THAT A DISTRICT HAS.

IF WE HAVE A CONCERN WITH THE WAY A DECISION HAS BEEN MADE THROUGH TEA OR THE FAILURE FOR THE COMMISSIONER TO FOLLOW A SPECIFIC STATUTE THAT HE'S REQUIRED TO DO SO, THERE IS NOT A FORMAL WAY FOR US TO SHARE THAT CONCERN.

>> LIKE OUR SCHOOL DISTRICT, A GRIEVANCE HEARING IS SOMETHING WE HAVE.

[00:25:04]

WE DON'T HAVE THAT OPTION.

I ALSO WANTED TO SAY, I AGREE WITH WHAT MR. POTEET SAID.

I AGREE THE LAWSUIT ISN'T THE ONLY REMEDY SOUGHT AND IF IT BENEFITS KIDS, THEN I THINK WE MAY HAVE TO TAKE THAT STANCE WHEN IT BENEFITS OUR CHILDREN.

>> THANK YOU, MS. MCGOWAN.

ANY ADDITIONAL COMMENTS, QUESTIONS FROM THE BOARD? YES, MS. TIMME.

>> YES. I DID JUST WANT TO SAY THAT I'M GOING TO ABSTAIN FROM VOTING IN THIS ONE JUST BECAUSE OF MY WORK WITH REGION 10 AND SPECIFICALLY IN ACCOUNTABILITY AND MY WORK WITH TEA THAT I'M NOT GOING TO VOTE IN THIS ONE. THANK YOU.

>> THANK YOU FOR THAT, MS. TIMME. MR. EAGER.

>> JUST AGAIN, TO SHOW THAT WE'VE DONE OUR DUE DILIGENCE.

I'M GOING TO ASK GENERAL COUNSEL MEGAN IN THIS, YOU KNOW, IN YOUR YEARS OF EXPERIENCE BECAUSE REITERATING THE FACT, HAVE YOU EVER SEEN A SITUATION WHERE THERE HAS BEEN TOO SYSTEMATIC, LARGE-SCALE CHANGES TO AN ACCOUNTABILITY SYSTEM WITHOUT HAVING A YEAR OF AT LEAST ALLOWING THE SYSTEM TO GET WORKED OUT AND IMPROVED IN YOUR YEARS AND YEARS YOU'VE BEEN INVOLVED IN EDUCATION?

>> NOT IN MY EXPERIENCE.

>> NOT IN MY EXPERIENCE EITHER.

>> WE'VE GOT, LET'S SAY SOME VERY EXPERIENCED [OVERLAPPING] VETERAN MEMBERS.

[LAUGHTER] YOU'VE NEVER SEEN THIS.

IN THIS ACCOUNTABILITY SYSTEM, IF YOU'RE TRYING TO GIVE, WHICH IS THE FACT OF GIVING PEOPLE WHETHER THE DISTRICT'S DOING A GOOD JOB OR NOT.

THIS SYSTEM AS IT'S A MOVING TARGET BECAUSE WE DON'T KNOW WHAT IT IS, BUT WHAT HAS BEEN AT LEAST SEEN IS THAT THE NUMBERS WHILE WE'RE IMPROVING, PRE-COVID NUMBERS, NOT DURING COVID, PRE-COVID NUMBERS, WE'RE IMPROVING.

THIS SYSTEMATIC APPROACH THAT THEY'RE TRYING TO MANEUVER ACTUALLY HAS NUMBERS AND GRADES GO DOWN.

WHILE OUR NUMBERS ARE GOING UP, THIS SYSTEM ACTUALLY SHOWS GRADES GOING DOWN IN NUMBER OF CASES IN OUR DISTRICT AND ACROSS THE STATE.

>> IF WE WERE TO ESTIMATE WHAT OUR POTENTIAL RATINGS WOULD HAVE BEEN PRIOR TO THE RECENT ANNOUNCEMENT OF THE DELAY AND THAT MORE CHANGES WERE COMING, WE ANTICIPATED THAT THE MAJORITY OF OUR CAMPUS AND DISTRICT RATINGS, NOT JUST IN RICHARDSON ISD, BUT ACROSS THE STATE, WOULD SEE A DECREASE DESPITE OVERALL INCREASES IN STUDENT ACHIEVEMENT FROM PRIOR YEARS.

>> IF THE OBJECTIVE IN ACCOUNTABILITY SYSTEM IS TO SHOW A FAIR REPRESENTATION TO THE COMMUNITY, WHETHER WE'RE IMPROVING OR DOING A GOOD JOB.

IN THIS CASE WHERE OUR NUMBERS ARE IMPROVING, BUT YOU'RE SAYING THAT THIS IS GOING TO REFLECT THAT WE'RE NOT DOING.

THE GRADING SYSTEM WOULD VERY QUICKLY SHOW THAT OUR NUMBERS ARE GOING UP, WE'RE IMPROVING, BUT THIS SYSTEM IMPLEMENTED WITHOUT ANY TWEAKING WOULD SHOW AN INACCURATE REFLECTION OF WHAT WE'RE DOING BECAUSE OUR NUMBERS, THE METRICS, EVERYTHING THAT WE'VE BEEN HISTORICALLY BEEN GRADED ON TO SAY, HEY, YOU'RE DOING A GOOD JOB.

THESE ARE THE EXPECTATIONS TO DO WHAT'S BEST FOR OUR KIDS AND OUR COMMUNITY.

THIS SYSTEM WOULD SHOW WHAT IN MY OPINION, WOULD BE AN INACCURATE REFLECTION FOR THE MEMBERS OF OUR COMMUNITY.

>> RIGHT.

>> THEN I GUESS THE LAST THING, GETTING BACK TO YOUR BASKETBALL ANALOGY, AND I KNOW A COUPLE OF MY COLLEAGUES HAVE ASKED ABOUT THAT.

ALL OF A SUDDEN THEY MOVED THE THREE-POINT LINE.

A, WOULD OUR COMMUNITY EXPECT US TO STAND BY IT WELL, IT WAS A GOOD TRY, BUT THEY'LL FIX IT, OR THEN WE GO, OKAY, NO.

STAND UP FOR WHAT'S RIGHT FOR OUR KIDS AND OUR COMMUNITY.

WHO ARE YOU GOING TO CALL? WHAT'S THE GRIEVANCE PROCESS? LIKE ANYTHING ELSE, I COULD FILE A GRIEVANCE.

WHAT NUMBER DO YOU CALL A TEA TO START THAT PROCESS OF GRIEVANCE AT TEA? WHAT WEBSITE DO WE GO TO FILE A GRIEVANCE?

>> TRUSTEE EAGER IF YOU FIGURE THAT OUT, PLEASE LET US KNOW.

THERE ISN'T ONE CURRENTLY.

>> THERE IS NO PROCESS FOR US TO SAY, HEY, WE DISAGREE WITH YOU MR. COMMISSIONER.

OUR ONLY CHOICE IS TO GET YOUR ATTENTION TO DO WHAT'S RIGHT FOR OUR KIDS AND COMMUNITIES TO ENTER A LAWSUIT.

THIS IS THE ONLY OPTION THAT WE GOT.

[00:30:02]

>> THIS IS THE ONLY OFFICIAL RECOURSE.

AGAIN, I JUST WANT TO MESSAGE BECAUSE I THINK MR. POTEET, I DON'T BRING A POTENTIAL LITIGATION FORWARD WITHOUT REALLY BELIEVING THAT WE WE DID LEVERAGE EVERY OPPORTUNITY WE HAD TO COLLABORATE AND WORK WITH THE COMMISSIONER PRIOR TO GETTING TO THIS POINT.

WE HAVE SPENT MONTHS TRYING TO EXPRESS OUR CONCERN AROUND WHAT HE WAS PROPOSING AND THE TIMING OF WHAT HE WAS PROPOSING, ESPECIALLY FOR DOMAIN 4 FOR CCMR WHEN YOU'RE TALKING ABOUT STUDENTS WHO HAD MATRICULATED THROUGH THE SYSTEM A YEAR AND A HALF AGO.

WE REALLY DID TRY EVERY MEANS THAT WE COULD TO NAVIGATE THIS, WHETHER IT WAS THROUGH TESTIFYING IN AUSTIN DURING THE LEGISLATIVE SESSION OR HAVING THOSE FORMAL AND INFORMAL MEETINGS WITH THE COMMISSIONER.

BUT OUTSIDE OF THOSE, THERE'S NO OTHER FORMAL RECOURSE THAT WE HAVE WITH AUSTIN, WITH LEGISLATORS OR WITH TEA OR WITH THE GOVERNOR TO SAY HERE IS OUR CONCERN WITH WHAT WE DO NOT BELIEVE THAT COMMISSIONER IS FOLLOWING WHAT HE IS REQUIRED TO DO IN THIS SAID STATUTE.

>> ADDITIONALLY, I WILL JUST ALSO ADD STATE-WIDE, IF YOU ALL WILL RECALL IN THE SPRING, THAT SCHOOL DISTRICTS ALSO SIGNED A LETTER THAT WENT TO THE COMMISSIONER TO EXPRESS CONCERN ABOUT THIS VERY THING AS WELL.

>> AGAIN REITERATE. WE'VE EXHAUSTED, WE'VE TRIED WE'VE TALKED TO AS MANY AS PEOPLE.

WE'VE DONE EVERY AVENUE THAT WE CAN TO DO WHAT'S RIGHT FOR OUR KIDS, TALK TO THE RIGHT PEOPLE, MAKE THE RIGHT PLACE FOR ADJUSTMENT.

THIS IS OUR LAST OPTION.

THANK YOU FOR YOUR SHAPING INFORMATION.

>> MS. MCGOWAN.

>> CAN YOU EXPLAIN TO US AGAIN JUST ONE LAST TIME THE HOLD HARMLESS YEAR? NONE OF THE DISTRICTS WERE GIVEN A REASON WHY THERE'S NO HOLD HARMLESS YEAR FOR.

>> ACTUALLY, THAT'S A GREAT CLARIFYING QUESTION.

THE COMMISSIONER EXPRESSED THAT OTHER PARTS OF THE STATUTE, THAT HE IS REQUIRED TO ADMINISTER A THROUGH F RATINGS.

HE BELIEVES THAT THROUGH STATUTE, HE IS NOT ALLOWED TO GIVE US A HOLD HARMLESS YEAR AND THEREFORE IS REQUIRED TO ADMINISTER AN A THROUGH F. HE IS HOLDING FIRM TO PART OF THAT STATUTE.

PART OF WHAT OUR REMEDY IN THIS, WHAT I BELIEVE THOUGH HAMLIN IS REQUESTING AND THIS IS THEN WELL, AT LEAST USE THE PRIOR CALCULATION THAT YOU WERE USING FOR CCMR THAT WE WERE ALL WORKING UNDER AND USE THIS CALCULATION REALLY STARTING IN '24, '25 WHEN WE WOULD HAVE TIME IN OUR SYSTEM TO MAKE THE ADJUSTMENTS ACCORDING TO THE NEW REFRESHED A THROUGH F. IF THAT IS THE CASE AND HE WANTS TO FOLLOW A STATUTE, THEN USE THE OLD WAY OF CALCULATING THAT AND GIVE OUR SYSTEMS TIME TO MAKE THE ADJUSTMENTS TO THE REFRESHED A THROUGH F.

>>THANK YOU MS. MCGOWAN. THERE ANY QUESTIONS BEHIND ME, MS. PACHINKO, MS. RHINORRHEA? ANY ADDITIONAL QUESTIONS BOARD, COMMENTS? TO MR. EAGER'S POINT, I THINK WE HAVE DONE OUR DUE DILIGENCE AND NOW IT'S TIME FOR US TO TAKE A VOTE.

THERE IS A MOTION BY MR. POTEET, A SECOND BY MR. EAGER, AND ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

WE HAVE A MOTION PASSES 6-0.

THANK YOU VERY MUCH, EVERYONE.

WE REALLY APPRECIATE YOU COMING TO THIS CALLED MEETING AT THE LAST MINUTE.

I WOULD LIKE TO THANK THE STAFF AND ALL OF OUR VISITORS THAT WERE HERE TODAY.

THANK YOU SO MUCH FOR ALL OF YOUR HELP AND FOR BEING HERE.

THIS MEETING IS ADJOURNED AT 4:57 PM.

[NOISE]

* This transcript was compiled from uncorrected Closed Captioning.