[00:00:02]
THIS MEETING IS NOW CONVENED AT 2:04 P.M..
[Hearings on September 14, 2023.]
I WOULD LIKE TO ASK EVERYONE TO PLEASE SILENCE ALL CELL PHONES.A QUORUM OF THE BOARD MEMBERS IS PRESENT IN THE BOARD AUDITORIUM.
THEY ARE FROM MY RIGHT ON THE PLATFORM MICHELLE CRUZ ARNOLD, JEANETTE GARZA LINDNER, MYSELF AUDREY MOMANAEE, PAULA MENDOZA AND ADAM RIVON. I DON'T BELIEVE ANY BOARD MEMBERS ARE PRESENT BY ZOOM.
NO. OUR FIRST ORDER OF BUSINESS IS TO HEAR FROM SPEAKERS TO AGENDA ITEMS. PUBLIC COMMENT DURING SCHOOL BOARD MEETINGS WILL ONLY BE AVAILABLE TO THOSE PERSONS WHO HAVE SIGNED UP TO SPEAK PRIOR TO THE MEETING TIME PER CURRENT PROTOCOL.
VERBAL AND OTHER DISRUPTIONS BY PERSONS DURING THE SCHOOL BOARD MEETINGS ARE NOT ACCEPTABLE AS THEY INHIBIT THE BOARD'S ABILITY TO CONDUCT BUSINESS AND THE PUBLIC'S ABILITY TO OBSERVE THOSE PROCESSES.
WE HAVE ONE REGISTERED SPEAKER WHO WILL BE LIMITED TO TWO MINUTES PER BOARD POLICY.
BUT YOU MAY NAME YOUR OWN CHILD.
THE ITEM HELD FOR OUR REGISTERED SPEAKER IS THE DISPUTE RESOLUTION HEARING FOR T.H.
WILL SAVANT MOORE PLEASE COME TO THE MICROPHONE? YES, SIR. GOOD AFTERNOON.
I'LL BE THE NEXT DISTRICT TWO TRUSTEE.
I'M A PARENT. I'M ALSO A DISABLED VETERAN.
AND MY DISABILITIES CAME FROM ME GOING TO WAR.
BUT THESE PARENTS AND THESE CHILDREN, THEY WERE BORN WITH THEIR DISABILITY.
SO I CAN'T STAND AS AN ADVOCATE FOR THEM BECAUSE THEY'RE THE REAL HEROES.
THEY HAVE TO WAKE UP EVERY DAY AND TRY TO MAKE SOME SENSE OF NORMALCY FOR THEIR CHILDREN.
THE LAST BOARD, THE SAME THING WAS UP FOR AGENDA FOR US TO TALK.
BUT THEIR SCHOOL, THEY HAVE THE THEY HAVE THE FACILITIES, THEY HAVE THE PEOPLE THAT ARE TRAINED.
THEY HAVE EVERYTHING THAT'S NEEDED.
AND YOU SEE THAT THEY'RE HERE TODAY REPRESENTING ITS' 2:00.
I HAVE THEIR COLORS. THEY'RE BLUE AND ORANGE COLORS.
SO I JUST ASK THAT YOU YOU'RE IN THIS POSITION TO TO BE AN ADVOCATE FOR THEM.
AND SO THAT'S WHY I WANTED TO MAKE SURE THAT I WAS ABLE TO SPEAK ON BEHALF OF THEM.
THANK YOU THE PURPOSE OF THIS MEETING IS TO CONSIDER THE CONSOLIDATED DISPUTE RESOLUTION HEARING FILED BY PARENTS OF T.H.
IN ADDITION, HEARINGS INVOLVING COMPLAINTS AGAINST DISTRICT EMPLOYEES ARE TO BE HELD IN CLOSED SESSION UNLESS THE EMPLOYEE WHO IS THE SUBJECT OF THE HEARING REQUESTS AN OPEN HEARING. IF BOTH PARTIES REQUEST AN OPEN SESSION DURING THIS HEARING, THE BOARD MAY GO INTO CLOSED SESSION TO CONSULT WITH ITS ATTORNEY.
UNDER THE TERMS OF THE TEXAS GOVERNMENT CODE, SECTION 551.071, IF ANY BOARD MEMBER WISHES TO SEEK THE ADVICE OF COUNSEL, PLEASE MAKE THIS REQUEST KNOWN TO ME FOR THE RECORD DAVID BEINKE.
ADVOCATE WITH THE CIRKIEL LAW GROUP IS PRESENT.
CATOSHA WOODS HISD GENERAL COUNSEL, IS ALSO PRESENT.
MR. BEINKE, IS THAT THE RIGHT WAY TO SAY THAT? SIR DO YOU WISH TO CONTINUE AN OPEN SESSION OR CLOSED SESSION? WE WOULD REQUEST OPEN SESSION.
ALSO, WE HAVE DOMINIQUE AUGUSTUS, ALSO CIRKIEL LAW GROUP, PRESENTING AND SAY HER NAME AGAIN, DOMINIQUE AUGUSTUS, THANK YOU, WITH CIRKIEL LAW GROUP. OKAY.
MISS KAMINSKY, DO YOU WISH TO CONTINUE AN OPEN OR CLOSED SESSION? THE ADMINISTRATION IS AGREEABLE TO HOLDING THIS IN OPEN SESSION.
THE ISSUES BEFORE THE SCHOOL BOARD ARE WHETHER THE BOARD POLICIES AND ADMINISTRATIVE PROCEDURES WERE CORRECTLY APPLIED TO THE GRIEVANT AND WHETHER THE ADMINISTRATION HAS VIOLATED THOSE POLICIES AND PROCEDURES.
MR. BEINKE BECAUSE YOU ASKED THE BOARD HERE THIS MATTER, YOU WILL PROCEED FIRST.
[00:05:05]
YOU'LL BE ALLOWED TO MAKE A 20 MINUTE PRESENTATION TO THE BOARD, FOLLOWED BY A 20 MINUTE PRESENTATION BY MRS. KAMINSKY. MR. BEINKE YOU MAY RESERVE PART OF YOUR 20 MINUTES FOR REBUTTAL TO MATTERS PRESENTED BY MISS KAMINSKY.BOTH SIDES SHALL BE AVAILABLE FOR QUESTIONS FROM THE BOARD AFTER THEIR RESPECTIVE PRESENTATIONS.
AFTER DELIBERATION, THE BOARD WILL RENDER ITS DECISION.
ARE THERE ANY QUESTIONS REGARDING THE WAY THIS DISPUTE RESOLUTION HEARING WILL BE CONDUCTED? NO I JUST ASK 2 MINUTES BE RESERVED FOR REBUTTAL.
VERY GOOD. ANY QUESTIONS? 2 MINUTES.
IT'S BEEN REQUESTED THAT TWO MINUTES BE RESERVED.
THANK YOU. MR. BEINKE, WOULD YOU LIKE TO DIVIDE YOUR TIME? AND YOU'VE ALREADY TOLD ME 18 MINUTES FOR THE PRESENTATION AND 2 FOR REBUTTAL.
YES, THAT IS CORRECT. 18 TO PRESENT 2 FOR REBUTTAL.
YOU MAY BEGIN. NOW TELL ME WHEN THE CLOCK STARTS.
ALL RIGHT. THANK YOU VERY MUCH FOR THIS OPPORTUNITY TO SHARE WITH A NEW OPPORTUNITY.
FRESH START, NEW BOARD, NEW SUPERINTENDENT.
WE'RE EXCITED THAT YOU'RE HERE.
HI, MY NAME IS GRETCHEN AND MY DAUGHTER M GOES TO T.H.
ROGERS. SHE'S BEEN THERE SINCE SHE WAS SHE WAS ADMITTED AT FIFTH GRADE.
SHE WAS AT OAK FOREST AND WE LOVED THE SCHOOL.
BUT TO GET HER AT TH ROGERS WAS LIKE A NO BRAINER.
SO WE WAS LIKE, SHE DOESN'T NEED TO GRADUATE FROM OAK FOREST.
WELL, ANYWAY, SHE'S BEEN DOING GREAT.
SHE'S HAPPY. SHE RIDES THE BUS TO AND FROM SCHOOL AND SHE THEY DO ARTWORK.
HER SHE'S COMPLETELY IMMOBILE, NONVERBAL.
AND I MEAN, I GET THIS STUFF IN MY BACKPACK AND IT'S JUST WONDERFUL.
I MEAN, SHE WOULD BE AT A DIFFERENT CAMPUS.
WHO KNOWS WHAT WOULD WHAT WOULD HAPPEN? MAYBE THEY WOULD JUST CALL 911.
SHE CALLED. MY HUSBAND WAS IN A MEETING.
BUT, YOU KNOW, THERE WAS NO EVERYBODY WAS CALM.
THERE WAS NO PANIC. I MEAN, SO WE'RE HAPPY TO BE WHERE WE ARE AND WE APPRECIATE EVERYBODY THERE.
MY NAME IS JULIE BEESON AND I'M THE MOTHER OF BEAU AUBON.
AND BEAU WAS BORN AT 26 WEEKS, SEVERELY PREMATURE, 2 POUNDS, 2 OUNCES.
I WAS A PHARMACEUTICAL REP AT PFIZER.
I HAD THE TEXAS MEDICAL CENTER.
IT'S STILL HE HAD PROFOUND BRAIN DAMAGE.
I NEVER DREAMT THAT I WOULD BE ON THIS ROAD, BUT I WOULD SAY I WAS ALMOST 40 WHEN I HAD BEAU.
TH ROGERS IS THE CROWN IN THE JEWEL OF HISD.
LAST YEAR, THE HEARINGS OFFICER SAID IT WASN'T IT WASN'T MODERN.
I WOULD BEG THAT IT'S PROGRESSIVE.
IT'S MIND BLOWING FOR PEOPLE TO SEE WHAT T.H.
ROGERS DID. THE IDEA OF MIXING THE DEAF, THE VANGUARD AND THE PROFOUNDLY DISABLED.
IT WAS JUST GENIUS TO DO THAT.
THEY DON'T GET BULLIED. THEY'RE INCLUDED.
AND TO ME, I WOULD SAY THAT THERE IS ABSOLUTELY NO SCHOOL IN THE DISTRICT WHERE THEY COULD SEND THESE KIDS TO RECEIVE THE SAME QUALITY OF SPECIALIZED CARE AND INCLUSION SERVICES THAT ARE ALREADY OFFERED AT ROGERS.
THIS IS A LONELY, SCARY ROAD TO BE ON AS A PARENT, AND YOU CAN SEE WE'VE BECOME LIKE FAMILY.
AND IT'S NOT JUST OUR KIDS THAT BENEFIT.
EVERYONE HAS SOMEONE IN THEIR FAMILY THAT'S DISABLED.
AND SO I READ A REVIEW THAT SOMEONE IS A DOCTOR NOW THAT WENT TO T.H.
ROGERS AND HE SAID IT MADE HIM THE EMBRACE OF COMPASSION AS A DOCTOR BECAUSE THIS IS NORMAL TO THEM.
IN PSI PREPARING STUDENTS FOR INDEPENDENCE.
OUR CHILDREN WILL NEVER LIVE INDEPENDENTLY.
THIS IS LITERALLY THE TIME OF THEIR LIVES.
NOT ALL OF OUR CHILDREN WILL LIVE FULL LIVES.
THERE SO THE JOY IT BRINGS TO THEM AND TO US IS JUST IMMEASURABLE.
AND SO I WOULD JUST IMPLORE YOU TO PLEASE KEEP T.H.
ROGERS TOGETHER. IT'S JUST THE ONE THING THAT HISD REALLY GOT RIGHT FROM THE BEGINNING.
THANK YOU. HI, MY NAME IS ANITRA WASHINGTON.
[00:10:03]
I HAVE A DAUGHTER THAT GOES TO T.H.ROGERS ALSO, THERE IS A COMMUNITY THAT WE TRUST AND RELY ON EACH AND EVERY DAY, EIGHT HOURS A DAY OF THE WEEK AS PARENTS WHO TAKE CARE OF THEIR CHILDREN 24/7.
THEY ARE A COMMUNITY THAT STICKS TOGETHER.
AND AS PARENTS, OUR JOB IS TO PROTECT OUR CHILDREN.
SO WE'RE JUST ASKING JUST, YOU KNOW, JUST KEEP THEM THERE.
IF WE NEED TO DO ANYTHING TO HELP TO MAKE THIS PROGRAM BETTER, LET US KNOW.
WE'RE PARENTS THAT ARE TRYING TO MAKE OUR CHILDREN'S LIVES EASIER.
GOOD AFTERNOON. I'M RUTHIE GREEN AND THIS IS MY SON, JOSHUA GREEN.
WE ARE THE SENIOR OF THE BUNCH.
JOSHUA HAS HAD THE OPPORTUNITY TO BE AT T.H.
ROGERS WHEN HE TURNED 4 HE IS NOW 21.
AND LET ME TELL YOU, THE MOMENT I FOUND OUT ABOUT TH ROGERS WHEN WE WERE 4.
WE HAD GOTTEN THE DIAGNOSIS THAT HIS BRAIN WAS SEVERELY DAMAGED.
I HAD NO IDEA WHAT IT WAS GOING TO DO.
BUT DOCTORS, OTHER PEOPLE INFORMED ME, HAVE YOU THOUGHT ABOUT T.H.
ROGERS? AND I WAS LIKE, WHAT'S A T.H.
ROGERS? AND THEN WHEN I ACTUALLY HAD AN OPPORTUNITY TO VISIT AND I SAW THE NURSING STAFF, I SAW THE TEACHERS WHO UNDERSTOOD WHAT A BRAIN DAMAGED CHILD LOOKED LIKE, WHAT THEY COULD DO, THE HOPE THAT THEY COULD GIVE ME.
I'M STANDING HERE BECAUSE I KNOW WHAT IT FEELS LIKE WHEN YOU DON'T KNOW WHAT TO DO.
ROGERS WILL GIVE THEM THE HOPE AND BEACON, BECAUSE BEFORE WE I DIDN'T KNOW HOW TO FEED HIM.
I DIDN'T KNOW WHAT HE WOULD BE ABLE TO DO, BUT THEY GAVE ME THE TOOLS I NEEDED AT HOME.
THEY TAUGHT ME THINGS THAT I COULD DO THAT WOULD HELP HIM PROGRESS.
AND SO I WANT THAT FOR THE PARENTS WHO WILL BE COMING BEHIND ME.
WHAT TO DO? AT T.H. ROGERS THERE'S AN OPTION FOR THEM AND EVERYONE THERE WILL BE ABLE TO HELP GUIDE THEM THROUGH.
HOW ARE YOU DOING? I'M SUPERMAN'S DAD.
I'VE BEEN TRYING TO HOLD IT SINCE.
IT ALWAYS HAPPENS TO ME EVERY SINGLE TIME.
NOVEMBER 15TH, 2022 WAS A HARD DAY FOR ALL OF US.
TO TELL US THAT FRIDAY YOUR WORLD IS UPSIDE DOWN.
MY SON IS ONE OF THE KIDS, AND WE'RE BLESSED THAT HE'S ALIVE.
THE 50TH ANNIVERSARY OF TEXAS CHILDREN'S.
YOU GOT TO GET THE BUBBLE BOY.
EVERYBODY KNOWS THE BUBBLE BOY. HE'S RIGHT NEXT TO HIM.
THIS IS THE TYPE OF SPECIAL KIDS THAT YOU GOT.
AND I STILL DON'T UNDERSTAND WHY ALL THIS HAS HAPPENED.
I APOLOGIZE FOR BREAKING DOWN, BUT I THOUGHT I WAS.
I THOUGHT I WAS KEEPING IT TOGETHER.
BUT IT HAPPENS TO ME ALL THE TIME.
I HAD TO GET GAS IN MY CAR AND I HAVE NOTHING.
I HAD TO DO WHAT I HAD TO TAKE TO BE HERE.
BUT I'M HERE. I'M HERE FOR SUPPORT OF MY SON.
AND I'M HERE FOR THE SUPPORT OF EVERY SINGLE SPECIAL NEEDS CHILD OUT THERE.
FUTURE SPECIAL NEEDS CHILD THAT HAS A PLACE TO GO TO.
THANK YOU. THANK YOU. SO WHAT HAPPENED?
[00:15:02]
TWO THINGS. THEY GOT A LETTER IN A BACKPACK, SAID YOUR KIDS ARE MOVING TO THE HOME CAMPUS.AND WHEN WE CHECK THE HOME, CAMPUS DIDN'T KNOW ABOUT IT.
THEY GOT A LETTER IN A BACKPACK.
ROGERS CROWN JEWEL, 30 YEARS OF SERVING THIS DIVERSE, MEDICALLY COMPLEX, SEVERE DISABILITIES.
THEY SENT A LETTER IN A BACKPACK.
THEN THEY FOLLOWED UP WITH THE PRESENTATION AND SAID, OH, TEAS GOING TO MADE US DO IT.
THAT'S WHY THERE'S A NEW BOARD AND A NEW SUPERINTENDENT.
WE WELCOME THIS OPPORTUNITY TO HAVE A FRESH START, NEW BEGINNING.
BUT THIS IS AN INCREDIBLE PROGRAM THAT HOUSTON HAS HAD FOR DECADES.
INCREDIBLE. YOU'VE HEARD SOME OF THE PARENTS, SO IT CAN'T BE JUST A ROUTINE BUREAUCRATIC CONSIDERATION AND THEN BLAME IT ON TEA OR BLAME IT ON WHATEVER.
THIS IS AN INCREDIBLE PROGRAM.
THANK YOU FOR ALLOWING US TO BE HERE TODAY.
AS YOU HAVE HEARD FROM THE PARENTS, WE STAND BEFORE YOU TODAY TO ADDRESS HOUSTON ISDS POTENTIAL VIOLATION OF THEIR RIGHTS GUARANTEED TO THEM UNDER STATE AND FEDERAL LAW.
UNDER SECTION 26001 OF THE TEXAS EDUCATION CODE IT STATES PARENTS ARE PARTNERS WITH EDUCATORS, ADMINISTRATORS AND SCHOOL DISTRICT BOARDS IN THEIR CHILDREN'S EDUCATION.
IDEA IS A FEDERAL LAW DESIGNED TO ENSURE THAT ALL CHILDREN WITH DISABILITIES HAVE ACCESS TO A FREE AND APPROPRIATE PUBLIC EDUCATION THAT MEETS THEIR UNIQUE AND INDIVIDUALIZED NEEDS.
IDEA GUARANTEES THAT EVERY ELIGIBLE STUDENT WITH A DISABILITY HAS A RIGHT TO RECEIVE A FAPE TAILORED TO THEIR UNIQUE AND INDIVIDUALIZED NEEDS. THIS EDUCATION MUST BE PROVIDED IN THEIR LEAST RESTRICTIVE ENVIRONMENT.
A STUDENT'S LRE CANNOT BE BASED ON THE CONFIGURATION OF A DELIVERY SYSTEM, THE AVAILABILITY OF EDUCATIONAL OR RELATED SERVICES, THE AVAILABILITY OF SPACE OR ADMINISTRATIVE CONVENIENCE.
IDEA PLACED GREAT EMPHASIS ON MEANINGFUL PARENT PARTICIPATION IN THE SPECIAL EDUCATION PROCESS.
PARENTS HAVE A RIGHT TO PARTICIPATE IN ARD MEETINGS.
THIS PARTICIPATION SHOULD INCLUDE CONSIDERING THE PARENTS SUGGESTIONS, TO THE EXTENT APPROPRIATE, INCORPORATING THEM INTO THE IEP AND CONSIDERING ANY INDEPENDENT EDUCATIONAL EVALUATIONS, DISCUSSING PLACEMENT OPTIONS AND ANSWERING THE PARENTS QUESTIONS.
THE FAILURE TO PROVIDE MEANINGFUL PARTICIPATION BY PARENTS IN THE IEP PROCESS MAY RESULT IN A DENIAL OF FAPE. THE LAW PROVIDES A RANGE OF PROCEDURAL SAFEGUARDS TO PROTECT THE RIGHTS OF STUDENTS WITH DISABILITIES AND THEIR PARENTS, INCLUDING THE RIGHT TO DUE PROCESS AND THE OPPORTUNITY TO RESOLVE DISPUTES THROUGH IMPARTIAL HEARINGS.
IT IS OUR COLLECTIVE RESPONSIBILITY TO ENSURE THAT THESE PRINCIPLES ARE NOT JUST MERE WORDS ON PAPER, BUT ARE ACTIVELY IMPLEMENTED IN THIS SCHOOL DISTRICT. ANY DEVIATION FROM THESE PRINCIPLES CAN BE SEEN AS A VIOLATION OF THE RIGHTS GUARANTEED TO THE STUDENTS WITH DISABILITIES AND THEIR FAMILIES UNDER IDEA. LET US REMEMBER THESE RIGHTS ARE NOT OPTIONAL.
THE PREVIOUS SCHOOL BOARD DID NOT SEEM TO UNDERSTAND THIS.
AS A NEW SCHOOL BOARD, IT IS YOUR DUTY TO ENSURE THAT THIS DISTRICT REMAINS IN COMPLIANCE WITH IDEA.
I URGE YOU TO CONSIDER THE IMPLICATIONS OF ANY POTENTIAL VIOLATIONS OF IDEA WHEN DETERMINING THE PLACEMENT OF STUDENTS WITH DISABILITIES OUTSIDE OF THE ARD COMMITTEE.
[00:20:05]
STUDENTS. WHEN WE FAIL TO UPHOLD THESE PRINCIPLES, WE NOT ONLY HARM STUDENTS WITH DISABILITIES, BUT WE ALSO UNDERMINE THE VALUES OF EQUALITY AND INCLUSION THAT OUR EDUCATION SYSTEM SHOULD STAND FOR.ADDITIONALLY, IT ERODES THE TRUST AND CREDIBILITY OF THIS SCHOOL DISTRICT.
THANK YOU FOR YOUR ATTENTION TO THIS VITAL ISSUE.
AND THANK YOU AGAIN AND THE RELIEF IN THE LEVEL THREE IS MAINTAIN T.H.
ROGERS AND WE UNDERSTAND THINGS MAY HAPPEN.
THINGS. THERE'S HURRICANES, THERE'S THINGS THAT ARE UNKNOWN.
BUT SENDING A LETTER TO MOVE AN ENTIRE COMMUNITY OUT OF THEIR PLACEMENT AND THEN THEN FOLLOWING UP WITH A PRESENTATION AND SAY, OH, TEA MADE US DO IT.
AND THEN AFTER THAT THERE'S OTHER EXPLANATIONS.
AND THEN LEVEL TWO HEARINGS, THEY SAID, OH, IT'S JUST A STRICTLY A ROUTINE BUDGETARY CONSIDERATION.
NO, FOLKS, THESE ARE LIVE HUMAN BEINGS WE'RE TALKING ABOUT.
THEY HAVE A VOICE IN WHAT THEIR FUTURE MAY BE.
THEY'RE JUST ASKING THAT IT BE TRANSPARENT, BECAUSE WHAT CHANGED IS THEY INVITED THE MEDIA.
ALL OF A SUDDEN YOU'RE ON WHATEVER TV CHANNEL OR RADIO CHANNEL.
THAT'S WHEN IT STARTED SHIFTING BECAUSE THEY WERE JUST MOVING THINGS THROUGH A BUREAUCRATIC PROCESS.
BUT THIS CAMPUS IS NOT JUST ANY CAMPUS.
IT'S ALMOST LIKE YOU GRADUATE FROM A UNIVERSITY.
AND THAT'S WHAT WE WANT FOR ANY HOUSTON CAMPUS.
THAT SEEMS TO BE THE VISION OF THE BOARD, SEEMS TO BE THE VISION OF THE SUPERINTENDENT TO DO SOMETHING INCREDIBLY DIFFERENT FOR THE KIDS OF HOUSTON ISD. AND THAT'S WHAT WE'RE EXCITED ABOUT.
YOU KNOW, WE'RE NOT TALKING YOU KNOW, WE'RE NOT TALKING ABOUT, BOY, HOW COME THEY'RE NOT LISTENING TO US? HOW COME THEY'RE NOT RETURNING PHONE CALLS? HOW COME THEY'RE NOT ANSWERING OUR QUESTIONS? IF WE JUST ASK WE UNDERSTAND YOU HAVE VERY HARD DECISIONS TO MAKE AND THERE MAY BE ALL SORTS OF SHIFTINGS THAT MAY BE A COMPLETE PARADIGM SHIFT.
BUT WE HAVE A FRESH START, NEW BEGINNING.
SO I WOULD JUST SUGGEST PLEASE CONTINUE ON WITH THE T.H.
ROGERS WE JUST ASKED FOR THIS YEAR, BUT ALSO WE ASKED FOR DOCUMENTS.
WE WANTED TO SEE, OKAY, WHAT MEMOS, WHAT EMAILS, WHAT GROUP OF FOLKS DID THIS? STILL WAITING. SO IN CONCLUSION, I'LL SAY MY MINUTE AND 30 OR THE MINUTE, 29 SECONDS LEFT FOR REBUTTAL.
THANK YOU SO MUCH. THANK YOU, SIR.
PLEASE GO AHEAD WITH YOUR PRESENTATION.
THANK YOU FOR THE PLEASURE AND PRIVILEGE TO BE HERE BEFORE YOU TODAY.
MY NAME IS PAM KAMINSKY [INAUDIBLE] LAW FIRM OF ROGERS, MORRIS, AND GROVER.
I WANT TO FIRST ADDRESS SOME OF THE POINTS THAT MS. AUGUSTUS BROUGHT FORWARD TO YOU REGARDING PROVIDING A FREE, APPROPRIATE PUBLIC EDUCATION FOR THE STUDENTS THAT ARE BEING QUESTIONED HERE TODAY.
ABSOLUTELY. THIS IS A CASE WHERE WE LARGELY ARE IN AGREEMENT.
PROVIDING A FAPE TO THE STUDENTS IS WHAT THE SCHOOL DISTRICT IS WANTING TO DO, IS DOING AND IS BEING VERY SUCCESSFUL WITH THE STUDENTS CURRENTLY AT TSI, WHERE I THINK WE DIVERGE IN OUR OPINIONS REGARDING THIS IS REGARDING LOCATION VERSUS PLACEMENT, WHICH IS A LEGAL TERMINOLOGY.
WHEN WE LOOK AT THIS AND THE FIFTH CIRCUIT HAS ACTUALLY UPHELD IN MULTIPLE CASES THAT PLACEMENT DECISIONS ARE DETERMINED BY THE STUDENT'S INDIVIDUAL ARD COMMITTEES, RIGHT? THOSE DECISIONS ARE MADE BASED ON CAMPUS STAFF INVOLVEMENT, PARENT INVOLVEMENT IN THOSE COMMITTEES TO MAKE THOSE DECISIONS.
IN THAT PROCESS OF DECIDING THE PLACEMENT.
THAT'S WHAT AN ARD COMMITTEE ADMISSION REVIEW AND DISMISSAL COMMITTEE.
SO WHEN THE ARD COMMITTEE MEETS AND REVIEW AND MAKES THESE DECISIONS, PLACEMENT DECISIONS ARE THE OPPORTUNITY FOR THE CAMPUS, THE TEACHER, THE SPECIAL EDUCATION, THE GENERAL EDUCATION TEACHERS, THE PARENTS TO ALL COME TOGETHER AND MAKE DECISIONS REGARDING THAT PLACEMENT.
[00:25:01]
ACRONYM I'M THROWING AT YOU THERE IN THIS PROGRAM HAS BEEN AT T.H.ROGERS. WHAT WAS PROPOSED IN NOVEMBER OF 2022 WAS MOVING THE STUDENTS FROM THE PSI PROGRAM AT T.H.
ROGERS BACK TO WHAT WOULD BE THEIR HOME CAMPUSES OR NEAR THEIR HOME CAMPUSES.
AND SO THE IDEA BEING TO HAVE STUDENTS HAVE THE OPPORTUNITY TO HAVE HOME CAMPUS, LESS RESTRICTIVE ENVIRONMENT OPPORTUNITIES AVAILABLE TO THOSE STUDENTS.
IN THAT PROCESS IT'S A PLANNING PROCESS.
AND AT THAT LEVEL TWO HEARING, MS. [INAUDIBLE] EXPLAINED AT THAT POINT WHAT THAT PROCESS IS WHEN WE HAVE A SELF-CONTAINED PROGRAM WHERE WE HAVE SPECIAL EDUCATIONS PLACED IN A CERTAIN CLASSROOM THAT GETS PLACED ON A CERTAIN CAMPUS AND THAT PROCESS IS REVIEWED ANNUALLY TO LOOK AT STAFFING NEEDS, STUDENT LOGISTIC NEEDS. IF A STUDENT NEEDS A NURSE, IF A STUDENT NEEDS SPECIALIZED EQUIPMENT, THERE ARE MANY DECISIONS THAT GET INVOLVED WITH EACH OF THESE PROGRAMS. AND SO THIS PROCESS WAS BEGINNING ACTUALLY EARLIER FOR THE PSI PROGRAM, KNOWING THE DEPTH OF NEEDS THAT THE STUDENTS HAVE IN THIS PROGRAM.
AND SO IN NOVEMBER, THE PARENTS WERE NOTIFIED THAT MOVING THE STUDENTS WAS THE PLAN.
AND SO IT WAS THE PRE PLANNING PHASE, IF YOU WILL, OF THEN WE HAVE TO GET STAFF INVOLVED.
SO KEEP IN MIND AT THE TIME THAT THIS WAS TOLD TO THE PARENTS, NO STAFF HAD BEEN MOVED, NO NEW STAFF HAD BEEN HIRED OR OTHERWISE NO STUDENTS HAD BEEN MOVED.
LOOKING AT THE TIMELINE, THOUGH, IN NOVEMBER WHEN THIS OCCURRED, THIS ANNOUNCEMENT WAS THAT AS HE DESCRIBED, AS MR. BEINKE DESCRIBED, THE COMMUNICATION WAS SHARED WITH THE PARENTS BY DECEMBER.
I DON'T HAVE THE DATES IN FRONT OF ME.
BIRD, DR. SHAWN BIRD HAD ALREADY SENT A MEMO SAYING THAT THIS TRANSITION WAS GOING TO BE ON PAUSE.
THE DISTRICT WAS NOT GOING TO TAKE ANY STEPS.
BUT AS OF DECEMBER 8TH, THE ADMINISTRATION SAID WE'RE GOING TO PAUSE ON THIS PROPOSED TRANSITION.
BY JANUARY 12TH AFTER THE HOLIDAY BREAK AT THAT POINT, THE SUPERINTENDENT AT THE TIME, SUPERINTENDENT HOUSE, ISSUED A MEMO, A LETTER THAT SAID, WE ARE GOING TO WE ARE NOT GOING TO CONTINUE WITH THE TRANSITION OF MOVING THE STUDENTS FROM THE PSI PROGRAM.
THEY ARE GOING TO REMAIN AT T.H.
ROGERS. THAT WAS JANUARY 12TH.
THIS GRIEVANCE HAD ALREADY BEEN SET FOR THAT DATE.
BRADFORD, WHO WAS THE HEARING OFFICER FOR THE LEVEL TWO HEARING THAT STARTED AT LEVEL TWO AT THAT POINT, SHE HEARD THIS FOR THE PARENTS TO HAVE THE OPPORTUNITY TO BRING THEIR CONCERNS FORWARD, EVEN THOUGH THE ISSUE OF MOVING THE STUDENTS OR NOT HAD ALREADY BEEN RESOLVED.
THE SUPERINTENDENT HAD ALREADY STATED THAT TRANSITION WAS NOT GOING TO HAPPEN.
SHE HEARD THAT ON JANUARY 20TH.
BY THE TIME TRANSCRIPTS WERE TRANSCRIBED BY THE COURT REPORTER, THE SHE ENDED UP ISSUING HER DECISION ON FEBRUARY 16TH DIRECTLY TO MR. BEINKE, THE FAMILY'S ADVOCATE, LETTING HIM KNOW THAT THIS IS CONTINUING.
WE ARE NOT MOVING THE STUDENTS FROM THE PSI PROGRAM.
AND AS HE STATED, THERE WAS A REQUEST AS WELL FOR THEIR RELIEF AT THAT POINT FOR DOCUMENTATION.
CORRESPONDENCE THAT HAD ALREADY GONE TO FAMILIES WAS MADE AVAILABLE, A REQUEST.
THE ONE AND ONLY WRITTEN REQUEST THAT THE RECORDS DEPARTMENT RECEIVED WAS SENT TO THE ATTORNEY GENERAL'S OFFICE FOR AN OPINION BECAUSE THERE WAS SOME INFORMATION WITHIN THOSE DOCUMENTS THAT THE DISTRICT THOUGHT MAY BE PRIVILEGED OR ACCEPTED, RATHER, FROM PUBLIC DISCLOSURE.
THE ATTORNEY GENERAL ISSUED A RULING MARCH 1ST STATING THAT ALL OF THE DOCUMENTS THAT WERE SUBMITTED TO HIS OFFICE SHOULD BE WITHHELD EXCEPT CERTAIN LIMITED DOCUMENTATION.
[00:30:02]
AND THAT WAS PROVIDED, I BELIEVE IT WAS A CAMPUS IMPROVEMENT PLAN, MAYBE MULTIPLES.I HAVEN'T SEEN THAT MYSELF, BUT THAT IS MY UNDERSTANDING THE CAMPUS IMPROVEMENT PLAN WAS PROVIDED IN RESPONSE TO THAT, IN ADDITION TO CORRESPONDENCE THAT WAS ALREADY PROVIDED TO PARENTS THAT YOU HAVE BEFORE YOU, THE JANUARY 12TH LETTER THAT INFORMED PARENTS THAT WE WOULD NOT BE MOVING FORWARD WITH PSI MOVING TO THEIR HOME CAMPUSES.
SO LARGELY WE ARE IN AGREEMENT TODAY.
AS I VIEW THIS, I FEEL MOST OF THIS INFORMATION IS MOOT FOR YOUR CONSIDERATION.
UM, THERE'S NOT A FURTHER CHANGE THAT WE CAN MAKE AT THIS POINT.
I CAN GIVE YOU THOSE SPECIFIC CITATIONS IF YOU WOULD LIKE, BUT THERE ARE DECISIONS.
I BELIEVE 1996 IS ANOTHER DECISION.
IT HAS BEEN WELL ESTABLISHED THAT LOCATION IS SOMETHING THAT IS DETERMINED BY THE ADMINISTRATION.
I WILL TELL YOU, THOUGH, IN WORKING WITH MISS KENNETT, SHE HAS SHARED NOT ONLY WITHIN HER HER WORK AND HER IN HER ROLE, BUT WHEN IT COMES TO WORKING WITH FAMILIES THAT ARE MOVING IN SELF-CONTAINED PROGRAMS, THEY DO SEEK TO FIND FAMILY INPUT INTO THAT.
THIS WAS AN OPPORTUNITY TO GET FURTHER INPUT FROM FAMILIES, AND I THINK IT WORKED IN THIS CASE, THE FAMILIES WERE ABLE TO SHARE WHAT THEIR CONCERNS WERE ABOUT MOVING THE PSI PROGRAM, AND THE DECISION WAS MADE NOT TO MOVE FURTHER WITH IT, NOT TO MOVE THE STUDENTS FROM THIS PARTICULAR PROGRAM.
I'M WELCOME TO ANY QUESTIONS THAT YOU MAY HAVE.
I'M NOT GOING TO GO ON ANY LONGER THAN NECESSARY BECAUSE I DO WANT TO RESPECT YOUR TIME.
I DO THINK LARGELY, THOUGH, THIS IS A MOOT DECISION, THERE'S NO DECISION BEYOND UPHOLDING THE LEVEL TWO THAT IS REALLY APPROPRIATE AT THIS STAGE. WE INTEND FOR THE STUDENTS AT THIS POINT TO STAY AT PSI OR TO STAY AT T.H.
SO THANK YOU SO MUCH FOR YOUR TIME.
MISS [INAUDIBLE] IS HERE AS WELL IF YOU HAVE QUESTIONS REGARDING THE PROCESS, I WILL TELL YOU IT IS OUTLINED GENERALLY THOUGH, IN THE TRANSCRIPT THAT WOULD HAVE BEEN PROVIDED TO YOU.
ARE THERE ANY QUESTIONS FROM MEMBERS OF THE BOARD? OKAY. OKAY.
THANK YOU, MR. BEINKE I THINK YOU'VE RESERVED A MINUTE AND A HALF OR SO.
YEAH, I HAD I HAVE TWO MINUTES PLUS A MINUTE AND A HALF.
SO IN THE LEVEL TWO DECISION, IT SAYS HISDS PROPOSED PSI TRANSITION IS LEGALLY PERMISSIBLE.
THAT'S WHY WE HAD TO GO TO THE ATTORNEY GENERAL TO KEEP THAT INFORMATION.
I'M SAYING, HOW DID YOU MAKE YOUR DECISION? THAT'S THE ISSUE.
THE TRANSPARENCY TO THE PARENTS WHEN THEY ASK QUESTIONS BECAUSE IT DIDN'T STOP.
REMEMBER, THEY SENT THE LETTER, WE'RE MOVING YOU BACK TO YOUR HOME CAMPUS.
THEN THEY HAD A PRESENTATION TEA MADE IT DO.
THEN THE SUPERINTENDENT STARTED MEETING WITH FAMILIES.
THEY WOULDN'T EVEN LET THE PRESS IN THAT FIRST MEETING.
THEY HAD TO FORCE THEIR WAY IN.
BUT IF IT WASN'T PUBLICIZED IN A PUBLIC MANNER, WHO KNOWS WHERE IT WAS? BECAUSE ONCE THEY GOT THERE, CAUGHT WITH THEIR SKIVVIES DOWN AND MOVING THIS COMMUNITY WITHOUT INPUT, WITHOUT ANY CONSIDERATION, NOW WE'RE OKAY.
BUT THAT'S THE PROCESS WE DON'T WANT TO HAVE.
WE CAN'T HAVE BUREAUCRATS JUST MAKING DECISIONS BECAUSE IT'S LEGALLY PERMISSIBLE.
HOW MUCH MONEY DO YOU SPEND SENDING DOCUMENTS THAT TOLD US, HOW DID THIS HAPPEN TO THE ATTORNEY GENERAL? THAT'S NOT TRANSPARENCY.
THESE PARENTS ARE A COMMUNITY.
IT HAS GONE ON FOR DECADES, GENERATIONS.
AND TO HAVE JUST SAY, OH, IT'S A BUDGET CONSIDERATION AND IT'S LEGALLY PERMISSIBLE, IS THAT HOW A SCHOOL DISTRICT IS RUN? NO. AND LISTENING TO THE BOARD AND LISTENING TO THE NEW SUPERINTENDENT, IT'S NOT GOING TO HAPPEN AGAIN.
SO WE WANT THE BOARD TO SEND A CLEAR MESSAGE THAT WE DON'T DO THIS TO OUR STUDENTS.
THERE'S THERE'S THERE'S BACK AND FORTH IN THIS PROCESS.
ARE THERE ANY QUESTIONS FROM MY COLLEAGUES? ALL RIGHT. THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS AND NOW IT IS TIME FOR BOARD MEMBERS TO MAKE OUR DECISION ON THE ISSUES BEFORE US.
[00:35:03]
WE MAY WE MUST APPLY ONLY THE FACTS PRESENTED IN THE TRANSCRIPT TO THE APPLICABLE POLICY OR LAW AND MAKE A DECISION IF THERE IS ANY DISPUTE BETWEEN MR. BEINKE AND THE ADMINISTRATION AS TO WHAT THE POLICIES AND OR PROCEDURES MEAN, THEN IT IS THE BOARD'S RESPONSIBILITY TO DETERMINE THE MEANING OR APPLICATION OF THE POLICIES AND PROCEDURES. THE RECORD OF THE LEVEL TWO HEARINGS MUST SUPPORT ANY ACTION WE TAKE.THAT IS, IF THE RECORD SUPPORTS THE POSITION OF THE ADMINISTRATION OR THE POSITION OF MR. BEINKE, WE WE MAY FIND ACCORDINGLY.
IS THERE ANY DISCUSSION BEFORE WE MOVE TO CLOSED SESSION? I HAD ONE PEICE OF UNDERSTANDING AND MAYBE CLARITY FOR MR. BEINKE IS IS THERE.
I DON'T QUITE UNDERSTAND WHAT THE REQUEST IS THAT THAT THE GRIEVANT IS IS SEEKING.
SIR. WOULD YOU LIKE TO ADDRESS THAT? YES. THE PREVIOUS ADMINISTRATION.
THERE'S THE ONE THAT SAID, OKAY, WE'LL STOP.
THAT'S NOT THE CURRENT ADMINISTRATION.
WE'RE JUST ASKING THAT THE CURRENT ADMINISTRATION BOARD CONTINUE ON WITH THE PREVIOUS DECISION BECAUSE WE DON'T KNOW IF BECAUSE THE OTHER ADMINISTRATION PUT IT OUT THERE, PUT IT BACK, PUT IT OUT THERE, PUT IT BACK.
WE'RE JUST ASKING FOR CONSISTENCY IN THE DECISION MAKING THAT YOU AFFIRM THAT T.H.
THANK YOU, SIR. MAY I RESPOND? YES. I REALIZE THAT THAT'S THE REQUEST THAT'S BEFORE US TODAY THAT MR. BEINKE BROUGHT FORWARD TODAY. BUT THAT IS NOT THE REQUEST FOR RELIEF THAT THE ADMINISTRATION WAS PROVIDED PREVIOUSLY.
IT WAS TO NOT MOVE THE STUDENTS FROM T.H.
ROGERS. IT WAS TO PROVIDE DOCUMENTATION.
AND SO LOOKING AT THOSE THINGS, IT WAS ACCOMPLISHED.
THAT WAS UNDER AN OLD ADMINISTRATION OR AN OLD SCHOOL BOARD.
WE'RE JUST ASKING THAT THE NEW SCHOOL BOARD AFFIRM THAT DECISION OR AND BE AWARE OF WHY WE'RE HERE.
THANK YOU. THE BOARD WILL NOW RECESS TO CLOSED SESSION UNDER CHAPTER 551 OF TEXAS GOVERNMENT CODE OPEN MEETINGS ACT SUBSECTIONS 551.004 THROUGH 551.089. SHOULD BOARD FINAL ACTION, VOTE OR DECISION ON ANY MATTER CONSIDERED IN THE CLOSED SESSION BE REQUIRED.
SUCH FINAL ACTION, VOTE OR DECISION SHALL BE TAKEN AT THE OPEN MEETING COVERED BY THIS NOTICE UPON THE RECONVENING OF THIS PUBLIC MEETING, OR AT A SUBSEQUENT PUBLIC MEETING OF THE BOARD UPON NOTICE THEREOF.
THIS BOARD HAS RECESSED TO CLOSED SESSION AT 2:42 P.M.
DO I HAVE A MOTION? YES, MADAM CHAIR.
THANK YOU. DO WE HAVE A SECOND? I HAVE A MOTION BY BOARD MEMBER PAULA MENDOZA AND A SECOND BY BOARD MEMBER CRUZ ARNOLD.
IS THERE ANY DISCUSSION? YES, SIR.
WE ALSO COMMIT AS A BOARD AND WANT TO LET YOU KNOW THAT WE HEAR YOU AND WE WANT TO SEE IMPROVED COMMUNICATIONS IN THIS REGARD.
AND SO WE APPRECIATE YOU BRINGING THE CONCERN TO OUR ATTENTION.
ANY OTHER DISCUSSION AMONG THE BOARD? WE WILL NOW VOTE ON THE MOTION.
ALL IN FAVOR, PLEASE RAISE YOUR HAND.
THANK YOU VERY MUCH. THANK YOU VERY MUCH FOR ALLOWING US TO SHARE WITH YOU TODAY.
THIS HEARING IS CONCLUDED AT 3:03 P.M..
THANK YOU. THERE BEING NO FURTHER BUSINESS.
THIS MEETING IS OFFICIALLY ADJOURNED AT 3:03 P.M..
* This transcript was compiled from uncorrected Closed Captioning.