WEBVTT

1
00:00:01.870 --> 00:00:06.870
<v ->We welcome everyone to April's 2020 Texas (mumbles)</v>

2
00:00:07.858 --> 00:00:08.854
I gave you this revision yesterday,

3
00:00:08.854 --> 00:00:11.293
which is the a different (mumbles)

4
00:00:11.293 --> 00:00:15.439
it's really such an amazing time for the country

5
00:00:15.439 --> 00:00:16.272
the last six weeks,

6
00:00:16.272 --> 00:00:19.233
and as long as we realize how this whole week,

7
00:00:19.233 --> 00:00:20.880
we have everything we've developed

8
00:00:20.880 --> 00:00:23.210
and everything under control that we didn't.

9
00:00:23.210 --> 00:00:25.288
I think we've all spent some time

10
00:00:25.288 --> 00:00:26.130
and reflection on what's really important

11
00:00:26.130 --> 00:00:28.690
on a lot of things like our (mumbles) and family.

12
00:00:29.740 --> 00:00:30.970
With the things that's going one,

13
00:00:30.970 --> 00:00:32.360
the things that people running

14
00:00:32.360 --> 00:00:35.140
in a million different directions at one time.

15
00:00:35.140 --> 00:00:37.090
This country has always risen to the occasion

16
00:00:37.090 --> 00:00:38.220
and is doing so again,

17
00:00:39.997 --> 00:00:40.830
I mentioned yesterday during our meeting,

18
00:00:40.830 --> 00:00:41.970
all those in the education system

19
00:00:41.970 --> 00:00:43.020
that are working to make sure

20
00:00:43.020 --> 00:00:45.390
our neediest students aren't left behind,

21
00:00:45.390 --> 00:00:47.490
and also our heroes who are healthcare workers

22
00:00:47.490 --> 00:00:48.810
on the front line.

23
00:00:48.810 --> 00:00:50.530
So in recognizing the resiliency

24
00:00:50.530 --> 00:00:52.250
of our country for student performance,

25
00:00:52.250 --> 00:00:53.970
I wanted to have a performance

26
00:00:53.970 --> 00:00:55.910
that pay tribute to our United States of America.

27
00:00:55.910 --> 00:00:59.341
And also to that point, I made about slowing down our lives.

28
00:00:59.341 --> 00:01:01.380
Last week I was doing just that

29
00:01:01.380 --> 00:01:03.480
and taking our dog out for a walk in our neighborhood

30
00:01:03.480 --> 00:01:05.870
and I ran across the Lufkin ISD Band Director,

31
00:01:05.870 --> 00:01:07.280
Mr. George Little.

32
00:01:07.280 --> 00:01:09.010
And of course all his students were at home,

33
00:01:09.010 --> 00:01:10.730
and I asked him to virtually put together

34
00:01:10.730 --> 00:01:12.190
a performance of his students.

35
00:01:12.190 --> 00:01:13.720
And he has done that.

36
00:01:13.720 --> 00:01:14.553
Under--

37
00:01:14.553 --> 00:01:15.386
<v Woman>Now is fine.</v>

38
00:01:15.386 --> 00:01:17.470
<v ->He was unable to direct these songs.</v>

39
00:01:17.470 --> 00:01:20.230
He just sent them to, the collaboration from the music,

40
00:01:20.230 --> 00:01:21.712
and they read it

41
00:01:21.712 --> 00:01:23.680
and recorded their tracks completely on their own.

42
00:01:23.680 --> 00:01:25.340
Not only did they overcome the challenge

43
00:01:25.340 --> 00:01:26.860
of recording this on their phones,

44
00:01:26.860 --> 00:01:28.300
the timing had to be just right

45
00:01:28.300 --> 00:01:30.170
because all their tracks were merged together

46
00:01:30.170 --> 00:01:33.190
for this finished product you're about to hear.

47
00:01:33.190 --> 00:01:36.330
So in thanking Mr. Little and Superintendent Lynn Torres,

48
00:01:36.330 --> 00:01:37.780
I present to you just a few

49
00:01:37.780 --> 00:01:40.540
of the 500 member Lufkin High School marching band

50
00:01:40.540 --> 00:01:42.840
that has a long tradition of excellence in music

51
00:01:42.840 --> 00:01:44.480
and marching performance,

52
00:01:44.480 --> 00:01:46.980
and Lufkin High School Panther Marching Band performs

53
00:01:46.980 --> 00:01:49.041
in the traditional military marching style,

54
00:01:49.041 --> 00:01:50.570
and is widely considered

55
00:01:50.570 --> 00:01:53.065
one of the top military bands in the State of Texas.

56
00:01:53.065 --> 00:01:54.650
They have taken first place at the

57
00:01:54.650 --> 00:01:58.040
National Association of Military Marching Bands contest,

58
00:01:58.040 --> 00:01:59.870
five out of the last six years.

59
00:01:59.870 --> 00:02:03.021
So you here's Avery Durett, Kealan Morris, Dre Garcia,

60
00:02:03.021 --> 00:02:07.860
Chrissa Holden, Willingham Sir, Toluca Jory, Joel Sarmiento,

61
00:02:07.860 --> 00:02:09.750
Jerry Brown and Connor Haynesworth

62
00:02:09.750 --> 00:02:11.380
playing America the Beautiful

63
00:02:11.380 --> 00:02:15.240
and then Crystal Holden, Natalie Aguilar, Braden Lehmann,

64
00:02:15.240 --> 00:02:17.640
all on trumpet playing the Star Spangled Banner.

65
00:03:51.400 --> 00:03:53.150
There seems to be just a technical difficulty,

66
00:03:53.150 --> 00:03:55.400
we're working on getting the sound turned on.

67
00:05:16.080 --> 00:05:17.860
And bear with us just one minute.

68
00:05:55.847 --> 00:06:00.347
(band playing American the Beautiful)

69
00:08:39.937 --> 00:08:43.687
we got one more song, she will be queuing up.

70
00:08:52.452 --> 00:08:57.119
(band playing the Star Spangled Banner)

71
00:10:00.390 --> 00:10:02.970
Thank you staff for working so hard to get that together

72
00:10:02.970 --> 00:10:05.467
and I wanna again thank the Lufkin High School

73
00:10:05.467 --> 00:10:08.640
for performing that for us, their Band Director,

74
00:10:08.640 --> 00:10:11.420
Mr. George Little, Superintendent Lynn Torress

75
00:10:11.420 --> 00:10:12.900
to get us started today.

76
00:10:14.690 --> 00:10:18.180
We will now move into the pledges and the prayer.

77
00:10:18.180 --> 00:10:20.830
So Dr. Robinson, will you bring us the invocation

78
00:10:20.830 --> 00:10:22.180
and lead us in the pledges?

79
00:10:25.000 --> 00:10:26.880
<v ->Dear Lord, (clears throat)</v>

80
00:10:26.880 --> 00:10:31.600
please be with all of mankind in these difficult times.

81
00:10:31.600 --> 00:10:35.610
Please help bring us peace, then show us your grace.

82
00:10:36.870 --> 00:10:40.080
And above all else, please be with our leaders locally,

83
00:10:40.080 --> 00:10:44.256
State and nationally, help guide them,

84
00:10:44.256 --> 00:10:48.680
help bring them wisdom to make the best decisions

85
00:10:49.730 --> 00:10:50.700
for all people.

86
00:10:52.110 --> 00:10:53.910
In His name we pray Amen.

87
00:11:10.270 --> 00:11:12.000
I pledge allegiance

88
00:11:12.000 --> 00:11:15.310
<v All>to the flag of the United States of America</v>

89
00:11:16.440 --> 00:11:20.210
and to the Republic for which it stands,

90
00:11:20.210 --> 00:11:25.210
one Nation, under God, indivisible, with liberty

91
00:11:26.580 --> 00:11:28.300
and justice for all.

92
00:11:31.860 --> 00:11:33.940
Honor the Texas flag,

93
00:11:34.880 --> 00:11:37.810
I pledge allegiance to thee, Texas,

94
00:11:38.800 --> 00:11:43.533
one state, under God, one indivisible.

95
00:11:48.903 --> 00:11:52.580
<v ->All right, thank you Dr. Robinson for doing that today.</v>

96
00:11:52.580 --> 00:11:55.970
And we will now, call on staff, to call the roll.

97
00:12:03.290 --> 00:12:04.123
<v ->Heathers?</v>

98
00:12:05.452 --> 00:12:07.680
(claps)

99
00:12:07.680 --> 00:12:08.828
<v ->Here.</v>

100
00:12:08.828 --> 00:12:09.661
<v ->Miss Perez?</v>

101
00:12:09.661 --> 00:12:10.840
<v ->Here.</v>

102
00:12:10.840 --> 00:12:12.060
<v ->Mr. Cortez.</v>

103
00:12:14.059 --> 00:12:15.420
<v Child>Mama, (mumbles)</v>

104
00:12:15.420 --> 00:12:17.480
<v ->Miss Perez Diaz.</v>

105
00:12:17.480 --> 00:12:18.920
<v ->Here.</v>

106
00:12:18.920 --> 00:12:20.380
<v ->Mr. Allen?</v>

107
00:12:20.380 --> 00:12:21.720
<v ->Present.</v>

108
00:12:21.720 --> 00:12:22.961
<v ->Mr. Mercer.</v>

109
00:12:22.961 --> 00:12:24.530
<v ->Present.</v>

110
00:12:24.530 --> 00:12:25.950
<v ->Mrs. Bahorich?</v>

111
00:12:25.950 --> 00:12:26.783
<v ->Here.</v>

112
00:12:28.410 --> 00:12:30.040
<v ->Dr. Robinson?</v>

113
00:12:30.040 --> 00:12:31.290
<v ->Here.</v>

114
00:12:31.290 --> 00:12:32.680
<v ->Mrs. Cargil?</v>

115
00:12:32.680 --> 00:12:33.760
<v ->Here.</v>

116
00:12:33.760 --> 00:12:35.250
<v ->Dr. Ellis?</v>

117
00:12:35.250 --> 00:12:36.180
<v ->Here.</v>

118
00:12:36.180 --> 00:12:37.392
<v ->Mr. Maynard?</v>

119
00:12:37.392 --> 00:12:38.664
<v ->Here.</v>

120
00:12:38.664 --> 00:12:39.630
<v ->Miss Hardy?</v>

121
00:12:41.370 --> 00:12:42.780
Mrs. Little?

122
00:12:42.780 --> 00:12:43.870
<v ->Here.</v>

123
00:12:43.870 --> 00:12:44.920
<v ->Miss Davis?</v>

124
00:12:44.920 --> 00:12:46.030
<v ->Here.</v>

125
00:12:46.030 --> 00:12:47.630
<v ->Mrs. Melton-Malone?</v>

126
00:12:47.630 --> 00:12:48.650
<v ->Here</v>

127
00:12:48.650 --> 00:12:49.696
<v ->Mr. Rowley?</v>

128
00:12:49.696 --> 00:12:50.529
<v ->Here.</v>

129
00:12:52.790 --> 00:12:55.855
<v ->Thank you staff, a quorum is present.</v>

130
00:12:55.855 --> 00:12:56.840
The first business to be considered

131
00:12:56.840 --> 00:12:58.984
is the approval of the minutes

132
00:12:58.984 --> 00:13:00.350
of the State Board of Education meeting

133
00:13:00.350 --> 00:13:05.350
from November 15th, 2019, and from January 31st, 2020,

134
00:13:06.600 --> 00:13:09.290
are there any corrections to either set of minutes?

135
00:13:13.360 --> 00:13:14.920
Hearing none, there are no corrections

136
00:13:14.920 --> 00:13:17.000
and both sets of minutes are approved.

137
00:13:18.440 --> 00:13:19.273
Thank you, staff.

138
00:13:19.273 --> 00:13:21.430
Did we end up, do we have any public testimony?

139
00:13:22.280 --> 00:13:23.113
<v ->No, sir.</v>

140
00:13:23.113 --> 00:13:24.270
There's no public testimony.

141
00:13:26.175 --> 00:13:28.150
<v ->Okay, the next order of business</v>

142
00:13:28.150 --> 00:13:29.980
is the approval of the Consent Agenda.

143
00:13:29.980 --> 00:13:34.730
The consent is on page. Consent Agenda is on page 22.

144
00:13:34.730 --> 00:13:36.320
You will take a moment to review that,

145
00:13:36.320 --> 00:13:37.830
the items on the Consent Agenda

146
00:13:37.830 --> 00:13:39.810
are the ratifications of the purchase

147
00:13:39.810 --> 00:13:42.890
and sales of the investment portfolio, the PSF

148
00:13:42.890 --> 00:13:46.510
for the months of December, 2019, January, 2020,

149
00:13:46.510 --> 00:13:48.250
and February, 2020.

150
00:13:48.250 --> 00:13:50.600
Recommendations for appointment to the Fort Sam Houston

151
00:13:50.600 --> 00:13:53.200
Independent School District Board of Trustees

152
00:13:53.200 --> 00:13:54.720
and recommendation for appointments to the

153
00:13:54.720 --> 00:13:57.940
Lackland Independent School District Board of Trustees.

154
00:14:00.770 --> 00:14:02.350
So, are there any items be removed

155
00:14:02.350 --> 00:14:04.900
from the Consent Agenda for separate consideration?

156
00:14:07.640 --> 00:14:09.960
Hearing none, the Consent Agenda is adopted.

157
00:14:11.480 --> 00:14:12.470
And for our next item,

158
00:14:12.470 --> 00:14:15.350
I will turn it over to Vice Chair Marty Rowley.

159
00:14:16.510 --> 00:14:19.350
<v ->Okay, members where on the minutes</v>

160
00:14:19.350 --> 00:14:22.025
of the Committee of the Full Board.

161
00:14:22.025 --> 00:14:25.360
The first item is Action Item 1,

162
00:14:25.360 --> 00:14:28.780
it's on page one of those minutes.

163
00:14:31.490 --> 00:14:33.300
And so we'll begin.

164
00:14:33.300 --> 00:14:37.281
It's recommended by that State Board of Education Committee,

165
00:14:37.281 --> 00:14:38.410
the Committee of the Full Board recommends

166
00:14:38.410 --> 00:14:41.810
that the State Board of Education approve for second reading

167
00:14:41.810 --> 00:14:44.510
and final adoption the proposed amendments

168
00:14:44.510 --> 00:14:48.820
to 19 TAC Chapter 74, Curriculum Requirements,

169
00:14:48.820 --> 00:14:51.960
Subchapter B, Graduation Requirements,

170
00:14:51.960 --> 00:14:56.960
Section 74.11, High School Graduation Requirements,

171
00:14:57.160 --> 00:15:01.348
Section 74.12, Foundation High School Programs

172
00:15:01.348 --> 00:15:05.573
and Section 74.13 Endorsements

173
00:15:05.573 --> 00:15:08.770
and that an affirmative finding be made

174
00:15:08.770 --> 00:15:11.750
that immediate adoption of the proposed amendments

175
00:15:11.750 --> 00:15:15.210
to 19 TAC Chapter 74, Curriculum Requirements,

176
00:15:15.210 --> 00:15:18.135
Subchapter E, Graduation Requirements,

177
00:15:18.135 --> 00:15:23.030
Section 74.11, High School Graduation Requirements,

178
00:15:23.030 --> 00:15:27.770
Section 74.12 Foundation High School program,

179
00:15:27.770 --> 00:15:32.180
and Section 74.13, Endorsements is necessary

180
00:15:32.180 --> 00:15:35.160
and shall have an effective date of August 1st, 2020.

181
00:15:36.710 --> 00:15:40.590
<v ->Thank you, Mr. Rowley, I would ask all those in favor,</v>

182
00:15:40.590 --> 00:15:42.900
please do so by raising your hand.

183
00:15:52.677 --> 00:15:56.070
<v ->You may put your hands down, that's 14.</v>

184
00:15:56.070 --> 00:15:58.970
<v ->All those opposed by the same sign of raising your hand.</v>

185
00:16:02.550 --> 00:16:03.940
There are two thirds in favor

186
00:16:03.940 --> 00:16:06.100
and the recommendation is adopted.

187
00:16:06.990 --> 00:16:08.720
Moving on to the next item.
<v ->Okay.</v>

188
00:16:08.720 --> 00:16:12.130
The next time is on page two of the Minutes.

189
00:16:12.130 --> 00:16:17.130
It's Item 2, recommended that the State Board of Education

190
00:16:17.300 --> 00:16:18.590
approve for second reading

191
00:16:18.590 --> 00:16:22.260
and final adoption proposed revisions, to 19 TAC,

192
00:16:22.260 --> 00:16:25.280
Chapter 126, Texas Essential Knowledge

193
00:16:25.280 --> 00:16:27.900
and Skills for Technology Applications,

194
00:16:27.900 --> 00:16:29.470
Subchapter C High School

195
00:16:29.470 --> 00:16:34.029
and Subchapter D, Other Technology Applications Courses.

196
00:16:34.029 --> 00:16:37.240
And Chapter 130, Texas Essential Knowledge

197
00:16:37.240 --> 00:16:40.230
and Skills for Career and Technical Education,

198
00:16:40.230 --> 00:16:44.860
Subchapter A, Agriculture, Food and Natural Resources,

199
00:16:44.860 --> 00:16:48.700
Subchapter C Arts, Audio/Video Technology

200
00:16:48.700 --> 00:16:50.280
and Communications,

201
00:16:50.280 --> 00:16:53.740
Subchapter K, Information Technology,

202
00:16:53.740 --> 00:16:57.140
Subchapter O, Science, Technology, Engineering

203
00:16:57.140 --> 00:16:58.560
and Mathematics

204
00:16:58.560 --> 00:17:01.230
and Subchapter Q, Energy,

205
00:17:01.230 --> 00:17:03.230
and that the Board making affirmative finding

206
00:17:03.230 --> 00:17:06.090
that immediate adoption of the proposed revisions

207
00:17:06.090 --> 00:17:09.533
to 19 TAC Texas Essential Knowledge

208
00:17:09.533 --> 00:17:12.081
and Skills for Technology Applications,

209
00:17:12.081 --> 00:17:14.681
Subchapter C, High School,

210
00:17:14.681 --> 00:17:18.890
and Subchapter D, Other Technology Applications Courses,

211
00:17:18.890 --> 00:17:21.570
and Chapter 130, Texas Essential Knowledge

212
00:17:21.570 --> 00:17:25.080
and Skills for Career and Technical Education,

213
00:17:25.080 --> 00:17:29.470
Subchapter A, Agriculture, Food, and Natural Resources;

214
00:17:29.470 --> 00:17:33.260
Subchapter C, Arts, Audio/Video Technology,

215
00:17:33.260 --> 00:17:34.690
and Communications;

216
00:17:34.690 --> 00:17:38.000
Subchapter K, Information Technology;

217
00:17:38.000 --> 00:17:41.380
Subchapter O, Science, Technology, Engineering,

218
00:17:41.380 --> 00:17:42.710
and Mathematics;

219
00:17:42.710 --> 00:17:45.840
and Subchapter Q, Energy is necessary

220
00:17:45.840 --> 00:17:48.530
and shall have an effective date of August 1st, 2020.

221
00:17:49.490 --> 00:17:50.951
<v ->All right thank you, members.</v>

222
00:17:50.951 --> 00:17:53.690
I'll ask all those in favor of the motion,

223
00:17:53.690 --> 00:17:56.700
please do so by raising your hand.

224
00:18:05.260 --> 00:18:07.250
<v ->You may lower your hands, that's 14.</v>

225
00:18:08.420 --> 00:18:11.430
<v ->Any opposed do so, by raising your hand.</v>

226
00:18:13.454 --> 00:18:14.910
All right, there are two thirds in favor

227
00:18:14.910 --> 00:18:17.220
and the recommendation is adopted.

228
00:18:18.370 --> 00:18:23.310
<v ->Okay, the next item is Item Number 3, it is,</v>

229
00:18:24.540 --> 00:18:25.580
actually there's a motion

230
00:18:25.580 --> 00:18:30.580
and vote to suspend the Board Operating Procedures

231
00:18:30.680 --> 00:18:34.500
that appears on the middle of page three, I'll go ahead

232
00:18:34.500 --> 00:18:36.990
and make that recommendation

233
00:18:36.990 --> 00:18:39.220
and ask that the Board ratify that action.

234
00:18:39.220 --> 00:18:42.410
So it was moved and recommended

235
00:18:42.410 --> 00:18:44.890
or was moved that the Board suspend

236
00:18:44.890 --> 00:18:48.690
Board Operating Procedure Section 5.7

237
00:18:48.690 --> 00:18:51.839
to allow Board members to provide proposed amendments

238
00:18:51.839 --> 00:18:55.750
to the TEKS to staff by three o'clock p.m.,

239
00:18:55.750 --> 00:18:57.590
April 16th, 2020.

240
00:18:58.710 --> 00:19:03.090
So, Mr. Chair, we need a ratification of that action.

241
00:19:03.090 --> 00:19:05.490
<v ->And is my understanding there were not any amendments</v>

242
00:19:05.490 --> 00:19:07.750
that were turned in that would have applied to that,

243
00:19:07.750 --> 00:19:10.050
but I think just for due diligence, we'll go ahead

244
00:19:10.050 --> 00:19:12.230
and go through the proper procedure for that.

245
00:19:12.230 --> 00:19:15.470
So I would ask for those in favor,

246
00:19:15.470 --> 00:19:17.170
please show by raising your hands.

247
00:19:18.043 --> 00:19:20.543
(phone dings)

248
00:19:24.419 --> 00:19:25.910
<v ->You may lower your hands, 14.</v>

249
00:19:25.910 --> 00:19:28.700
<v ->Any opposed, please show by raising your hand.</v>

250
00:19:29.740 --> 00:19:33.180
So there is a majority in favor, the action is ratified.

251
00:19:33.180 --> 00:19:36.570
<v ->Okay, and then if you'll go to page eight of your Minutes,</v>

252
00:19:37.880 --> 00:19:40.640
the vote appears on this Item.

253
00:19:43.370 --> 00:19:46.370
Is at the very top of page eight

254
00:19:46.370 --> 00:19:48.380
of your Committee the Full Board Minutes

255
00:19:50.310 --> 00:19:52.190
and it was erected, it was recommended

256
00:19:52.190 --> 00:19:54.319
by the Committee the full Board that

257
00:19:54.319 --> 00:19:57.000
the State Board of Education approved for second reading

258
00:19:57.000 --> 00:20:00.860
and final adoption, proposed revisions to 19 TAC,

259
00:20:00.860 --> 00:20:04.310
Chapter 113 Texas Essential Knowledge and Skills

260
00:20:04.310 --> 00:20:08.260
for Social Studies, Subchapter C High School

261
00:20:08.260 --> 00:20:12.749
and Subchapter D, Other Social Studies Courses as amended,

262
00:20:12.749 --> 00:20:14.470
and make an affirmative finding

263
00:20:14.470 --> 00:20:17.830
that immediate adoption of proposed revisions

264
00:20:17.830 --> 00:20:22.260
to 19 TAC Chapter 13, Texas Essential Knowledge and Skills

265
00:20:22.260 --> 00:20:25.820
for Social Studies, Subchapter C High School

266
00:20:25.820 --> 00:20:30.000
and Subchapter D, Other Social Studies Courses is necessary

267
00:20:30.000 --> 00:20:32.790
and shall have an effective date of August 1st, 2020.

268
00:20:35.795 --> 00:20:38.977
<v ->And Miss Martinez, did we have any more amendments or--</v>

269
00:20:40.120 --> 00:20:43.470
<v ->Yes, sir, I think Miss Ramos has one item</v>

270
00:20:43.470 --> 00:20:45.970
that she wanted to bring to the Board's attention.

271
00:20:47.930 --> 00:20:49.690
<v ->Yes, sir, so okay,</v>

272
00:20:49.690 --> 00:20:52.040
I sent you an email just a few minutes ago

273
00:20:52.040 --> 00:20:53.390
with that language.

274
00:20:53.390 --> 00:20:56.530
So as I was reviewing the amendments last night,

275
00:20:56.530 --> 00:20:59.570
I came across a student expectation that I think could use

276
00:20:59.570 --> 00:21:03.170
some additional clarification, it's 9.A.

277
00:21:04.320 --> 00:21:06.330
and in your minutes,

278
00:21:08.300 --> 00:21:10.900
I'll find it in your minutes for you, just a moment.

279
00:21:15.110 --> 00:21:17.760
It's on page, at the top of page six

280
00:21:17.760 --> 00:21:19.420
if you're looking at your minutes

281
00:21:25.570 --> 00:21:28.710
so what I did is I looked back

282
00:21:28.710 --> 00:21:30.820
at the original student expectation

283
00:21:30.820 --> 00:21:33.695
in the approved Innovative Course,

284
00:21:33.695 --> 00:21:37.360
because it was written that the current student expectation

285
00:21:37.360 --> 00:21:40.350
wasn't quite reading correctly.

286
00:21:40.350 --> 00:21:44.830
And so what we are proposing is the language up at the top.

287
00:21:45.800 --> 00:21:48.050
Thank you, Kay for showing that.

288
00:21:49.310 --> 00:21:52.130
Compare and contrast how the human rights ideals expressed

289
00:21:52.130 --> 00:21:53.530
in the Declaration of Independence

290
00:21:53.530 --> 00:21:55.400
and Bill of Rights influence

291
00:21:55.400 --> 00:21:57.390
the political perspectives of enslaved

292
00:21:57.390 --> 00:22:01.410
and free African Americans in the late 17 and early 1800s.

293
00:22:09.273 --> 00:22:10.537
<v Dr. Ellis>Okay, are there any questions</v>

294
00:22:10.537 --> 00:22:11.370
or comments from members?

295
00:22:11.370 --> 00:22:12.890
I saw this Miss Bohorich's hand up earlier,

296
00:22:13.985 --> 00:22:16.280
if you still a, Miss Bohorich have a comment?

297
00:22:19.832 --> 00:22:21.153
<v Miss Bohorich>No, thank you.</v>

298
00:22:21.153 --> 00:22:26.080
<v Dr. Ellis>Okay, any other questions</v>

299
00:22:26.080 --> 00:22:28.760
or comments from members on this change?

300
00:22:33.770 --> 00:22:35.830
And please speak up, I'm back to the split screen,

301
00:22:35.830 --> 00:22:38.554
where I don't have everyone's face in front of me.

302
00:22:38.554 --> 00:22:40.850
So speak up if you do have any questions or concerns,

303
00:22:40.850 --> 00:22:45.850
if hearing none on this change, if there's no.

304
00:22:47.370 --> 00:22:48.990
Go ahead Miss Bohorich.

305
00:22:50.796 --> 00:22:52.990
<v Miss Bohorich>Yeah, I kind of understand</v>

306
00:22:52.990 --> 00:22:56.240
the Human Rights ideals here.

307
00:22:56.240 --> 00:23:01.240
But, I do like the idea of the unalienable rights,

308
00:23:01.380 --> 00:23:05.130
'cause that's specific to life, liberty

309
00:23:05.130 --> 00:23:06.520
and the pursuit of happiness.

310
00:23:06.520 --> 00:23:08.140
And so I hate kind of getting rid

311
00:23:08.140 --> 00:23:12.350
of the word unalienable rights, there to be honest.

312
00:23:16.090 --> 00:23:17.320
<v Miss Ramos>So one of the reasons</v>

313
00:23:17.320 --> 00:23:20.280
that we are recommending changing it

314
00:23:20.280 --> 00:23:24.105
from just specifically unalienable rights is that

315
00:23:24.105 --> 00:23:28.889
it leads somebody to believe that those were the only ideas

316
00:23:28.889 --> 00:23:33.130
that were influencing political perspectives

317
00:23:33.130 --> 00:23:34.300
of African Americans.

318
00:23:34.300 --> 00:23:39.300
I mean, we could, I'm trying to figure out a way quickly

319
00:23:39.590 --> 00:23:42.280
of working that into the student expectations

320
00:23:42.280 --> 00:23:45.020
so that we call it out specifically.

321
00:23:45.020 --> 00:23:47.480
<v Woman>And you say ideals including,</v>

322
00:23:50.980 --> 00:23:53.130
life, liberty and the pursuit of happiness?

323
00:24:08.480 --> 00:24:11.830
<v Miss Ramos>Okay, the only thing I would say is,</v>

324
00:24:11.830 --> 00:24:14.580
unalienable rights is a very specific thing.

325
00:24:15.640 --> 00:24:18.242
And that's why I really supported this amendment.

326
00:24:18.242 --> 00:24:22.820
It's, you have those rights just as a result of existence.

327
00:24:23.880 --> 00:24:26.240
The government does not give them to you.

328
00:24:26.240 --> 00:24:27.258
Nobody gives them to you, you have them

329
00:24:27.258 --> 00:24:31.290
because that's just part of,

330
00:24:31.290 --> 00:24:32.710
that's what's unusual about

331
00:24:32.710 --> 00:24:36.120
that specific concept, unalienable rights.

332
00:24:36.120 --> 00:24:38.820
And I like calling that out.

333
00:24:38.820 --> 00:24:42.360
Because it's not something granted by any government.

334
00:24:42.360 --> 00:24:45.260
It's fundamental for understanding.

335
00:24:45.260 --> 00:24:48.270
<v Woman>Maybe you could say human rights, ideals</v>

336
00:24:48.270 --> 00:24:52.390
and inalienable rights or inalienable rights

337
00:24:53.868 --> 00:24:55.068
and human rights ideals,

338
00:24:56.370 --> 00:25:00.790
to try to convey that isn't just that.

339
00:25:00.790 --> 00:25:04.590
Which is I think, the issue that was originally raised.

340
00:25:04.590 --> 00:25:05.840
<v Dr. Ellis>Dr. Robinson.</v>

341
00:25:08.670 --> 00:25:09.503
Microphone.

342
00:25:10.570 --> 00:25:13.150
<v Dr. Robinson>I agree with what Member Bohorich is saying</v>

343
00:25:13.150 --> 00:25:18.150
and plus it also ties in the fact that,

344
00:25:18.430 --> 00:25:21.030
no other countries ever mentioned that,

345
00:25:21.030 --> 00:25:24.570
it's kind of an American thing, if you will,

346
00:25:24.570 --> 00:25:26.440
even though it applies all humanity.

347
00:25:26.440 --> 00:25:30.610
So I am, I would like to keep it in there.

348
00:25:33.110 --> 00:25:37.097
<v Miss Ramos>So, one suggestion might be, let's see,</v>

349
00:25:39.170 --> 00:25:41.650
the inalienable rights expressed

350
00:25:41.650 --> 00:25:44.450
in the Declaration of Independence

351
00:25:44.450 --> 00:25:48.900
and constitutional rights in the Bill of Rights

352
00:25:48.900 --> 00:25:50.530
or just constitutional rights?

353
00:25:51.830 --> 00:25:53.910
<v Miss Bohorich>I like that better personally.</v>

354
00:25:59.160 --> 00:26:01.237
<v Miss Ramos>I mean, I agree with you.</v>

355
00:26:01.237 --> 00:26:03.290
But I feel like everybody knows

356
00:26:03.290 --> 00:26:05.050
what the inalienable rights are,

357
00:26:05.050 --> 00:26:08.180
so it's okay to not include the list.

358
00:26:10.820 --> 00:26:12.490
If that's the will of the Board.

359
00:26:13.500 --> 00:26:15.320
<v Woman>Shirley, I'm sorry, can you say that again please?</v>

360
00:26:15.320 --> 00:26:17.651
<v Shirley>Yeah, what if, let's see it</v>

361
00:26:17.651 --> 00:26:18.484
the whole thing again.

362
00:26:18.484 --> 00:26:22.710
So human rights ideals, and,

363
00:26:26.650 --> 00:26:29.180
well, maybe we should consider taking out

364
00:26:29.180 --> 00:26:30.290
human rights ideals, then,

365
00:26:30.290 --> 00:26:33.340
and just say how the inalienable rights expressed

366
00:26:33.340 --> 00:26:35.150
in the Declaration of Independence

367
00:26:43.220 --> 00:26:45.830
and constitutional rights

368
00:26:49.400 --> 00:26:50.620
in the Bill of Rights.

369
00:26:54.852 --> 00:26:56.640
<v Miss Bohorich>All right, I think that's inalienable.</v>

370
00:26:56.640 --> 00:26:59.760
Not un, with an I, yep.

371
00:27:14.490 --> 00:27:16.290
<v Woman>It should be civil rights.</v>

372
00:27:18.390 --> 00:27:22.160
It should be civil rights, not constitutional rights,

373
00:27:22.160 --> 00:27:23.060
civil rights.

374
00:27:24.220 --> 00:27:26.030
<v Shirley>That's fine, I think that's good.</v>

375
00:27:33.890 --> 00:27:37.990
<v Woman>It is unalienable, not inalienable, unalienable.</v>

376
00:27:39.004 --> 00:27:40.660
<v Dr. Robinson>Mr. Mercer?</v>

377
00:27:40.660 --> 00:27:42.930
<v Mr. Mercer>And just to comment we're talking</v>

378
00:27:42.930 --> 00:27:45.610
about the 1700s, 1800s.

379
00:27:45.610 --> 00:27:48.710
And what happened back then to political perspectives,

380
00:27:48.710 --> 00:27:51.310
there were there were several blacks who petitioned States,

381
00:27:51.310 --> 00:27:53.980
to change it to allow freedom

382
00:27:53.980 --> 00:27:55.360
and the result of that was five

383
00:27:55.360 --> 00:27:59.190
of the 13 colonies immediately abolish slavery,

384
00:27:59.190 --> 00:28:04.190
the 14th State, Vermont in 1790 also became a state

385
00:28:04.230 --> 00:28:05.220
and it abolished slavery.

386
00:28:05.220 --> 00:28:08.640
So I'm not sure, I understand the civil rights,

387
00:28:08.640 --> 00:28:11.170
but we're talking about the Declaration of Independence

388
00:28:11.170 --> 00:28:13.178
and the constitution, in the 1700s what happened,

389
00:28:13.178 --> 00:28:17.021
and how that influenced black Americans

390
00:28:17.021 --> 00:28:19.220
who petitioned for their freedom.

391
00:28:20.374 --> 00:28:22.090
I'm just giving a quick history,

392
00:28:22.090 --> 00:28:25.580
but that's, we've changed the words a lot

393
00:28:25.580 --> 00:28:28.160
at this last time, it will change the whole meaning of this,

394
00:28:28.160 --> 00:28:29.790
and I understanding the unalienable rights,

395
00:28:29.790 --> 00:28:33.030
and that timeframe is a Declaration

396
00:28:33.030 --> 00:28:34.430
and the Bill of Rights.

397
00:28:34.430 --> 00:28:37.480
And that then put and perspective how influenced,

398
00:28:37.480 --> 00:28:39.740
we had black Americans who petition throughout

399
00:28:39.740 --> 00:28:41.480
the five states in New England

400
00:28:41.480 --> 00:28:43.920
for freedom to abolish slavery,

401
00:28:43.920 --> 00:28:46.370
and it led to the 14 state which were Vermont,

402
00:28:46.370 --> 00:28:48.070
Vermont was not one of the 13

403
00:28:48.070 --> 00:28:51.110
but it became a State immediately, it abolished slavery.

404
00:28:53.120 --> 00:28:53.953
Is that what we're trying,

405
00:28:53.953 --> 00:28:56.350
remember the context is the 1700s, right?

406
00:28:56.350 --> 00:28:58.340
Early 1800s am I correct?

407
00:28:59.430 --> 00:29:01.460
<v Woman>Yes, sir, and what would you think</v>

408
00:29:01.460 --> 00:29:06.180
about the freedoms expressed in the Bill of Rights?

409
00:29:08.070 --> 00:29:11.140
<v Mr. Mercer>Well, we had, we delineated life, liberty</v>

410
00:29:11.140 --> 00:29:14.009
and happiness, we made it pretty clear,

411
00:29:14.009 --> 00:29:16.520
this if we look at what we had originally

412
00:29:16.520 --> 00:29:18.970
and what we have now, this is completely different

413
00:29:18.970 --> 00:29:22.160
but we delineated unalienable rights

414
00:29:23.250 --> 00:29:26.050
and we delineated carefully, life, liberty,

415
00:29:27.027 --> 00:29:28.312
and pursuit of happiness.

416
00:29:28.312 --> 00:29:29.145
Those are the things they argued

417
00:29:29.145 --> 00:29:30.130
and they actually partitioned back then,

418
00:29:30.130 --> 00:29:32.605
to five different northern states, who agreed

419
00:29:32.605 --> 00:29:34.790
and began to abolish slavery

420
00:29:34.790 --> 00:29:36.920
in the first two decades of our country.

421
00:29:36.920 --> 00:29:40.990
And again, I repeat the 14th State, Vermont came in there,

422
00:29:40.990 --> 00:29:43.510
it abolished slavery before it even became a State,

423
00:29:43.510 --> 00:29:45.440
so that was the influence they have

424
00:29:45.440 --> 00:29:47.290
in the Declaration of Bill of Rights.

425
00:29:49.740 --> 00:29:51.620
We're wordsmithing a lot maybe, too much.

426
00:29:51.620 --> 00:29:52.520
That's my concern.

427
00:29:54.010 --> 00:29:55.860
<v ->Miss Hardy, did you have a comment?</v>

428
00:30:00.464 --> 00:30:02.650
<v Miss Hardy>The Bill of Rights,</v>

429
00:30:02.650 --> 00:30:05.490
after the Declaration of Independence,

430
00:30:05.490 --> 00:30:06.750
and the Civil Rights,

431
00:30:10.030 --> 00:30:12.240
I have the constitution

432
00:30:12.240 --> 00:30:17.240
because the constitution also assigns those Bill of Rights

433
00:30:17.320 --> 00:30:20.741
as rights within the Constitution, as

434
00:30:20.741 --> 00:30:22.908
(mumbles)

435
00:30:24.890 --> 00:30:28.420
I don't know, it just seems like it might be more

436
00:30:28.420 --> 00:30:30.721
complacent to just say constitution

437
00:30:30.721 --> 00:30:35.721
which would include the Bill of Rights.

438
00:30:36.971 --> 00:30:39.386
(mumbles) into the 1800s,

439
00:30:39.386 --> 00:30:44.386
it would be in the (mumbles)

440
00:30:45.075 --> 00:30:47.190
<v Miss Ramos>Well, one for the point</v>

441
00:30:47.190 --> 00:30:49.010
of the original student expectation

442
00:30:49.010 --> 00:30:51.570
that was included in the Innovative Course,

443
00:30:51.570 --> 00:30:56.260
was to make sure that students understood the different ways

444
00:30:56.260 --> 00:31:01.260
that individuals reconciled the actual restrictions

445
00:31:02.080 --> 00:31:04.891
that existed for African Americans in the colonies

446
00:31:04.891 --> 00:31:08.360
with these ideals of freedom

447
00:31:08.360 --> 00:31:10.530
that were being expressed during the time

448
00:31:10.530 --> 00:31:12.870
of the Revolution and the Constitution.

449
00:31:14.338 --> 00:31:17.060
Not necessarily going further

450
00:31:17.060 --> 00:31:19.790
because if you look at the rest of the student expectations,

451
00:31:19.790 --> 00:31:21.630
they are sort of in chronological order

452
00:31:21.630 --> 00:31:26.630
and the 13, 14, 15th Amendments are included someplace else.

453
00:31:27.250 --> 00:31:29.580
So I think this is focused on early Republic,

454
00:31:29.580 --> 00:31:31.430
the revolution in the early Republic.

455
00:31:33.129 --> 00:31:33.962
<v Dr. Ellis>Mr. Rowley?</v>

456
00:31:35.540 --> 00:31:37.721
<v Mr. Rowley>Yeah, I guess I'm at a bit of a loss</v>

457
00:31:37.721 --> 00:31:42.410
as to what we're trying to fix here

458
00:31:42.410 --> 00:31:45.650
with the, with changing the language

459
00:31:45.650 --> 00:31:49.040
and I appreciate Shelley's explanation there

460
00:31:49.040 --> 00:31:53.230
but I'm, I personally am fine with the way

461
00:31:53.230 --> 00:31:54.380
it currently read.

462
00:31:56.860 --> 00:32:00.680
And that it does incorporate unalienable rights

463
00:32:00.680 --> 00:32:04.280
and life, liberty and the pursuit of happiness.

464
00:32:04.280 --> 00:32:06.124
And so it seems to me that it,

465
00:32:06.124 --> 00:32:10.390
I don't know that there's a need for change.

466
00:32:10.390 --> 00:32:13.230
And that's just my perspective on it.

467
00:32:13.230 --> 00:32:15.560
<v Miss Ramos>If I could Mr. Rowley, there were two things</v>

468
00:32:15.560 --> 00:32:17.970
that caught my attention in the student expectation.

469
00:32:17.970 --> 00:32:19.530
The first is such as,

470
00:32:20.390 --> 00:32:24.140
because the inalienable rights are life, liberty,

471
00:32:24.140 --> 00:32:25.480
and the pursuit of happiness.

472
00:32:25.480 --> 00:32:27.702
Those aren't just examples.

473
00:32:27.702 --> 00:32:29.180
So that was the first thing.

474
00:32:29.180 --> 00:32:31.290
But then the second thing is that,

475
00:32:31.290 --> 00:32:34.800
by removing revolutionary we're taking this out

476
00:32:34.800 --> 00:32:36.470
of the context of the time period

477
00:32:36.470 --> 00:32:38.870
that the student expectation was intended for,

478
00:32:38.870 --> 00:32:41.256
which was the American Revolution.

479
00:32:41.256 --> 00:32:44.390
So you could if you wanted to revert back

480
00:32:44.390 --> 00:32:46.881
to the way it currently reads,

481
00:32:46.881 --> 00:32:49.749
I would just recommend that you take out such as,

482
00:32:49.749 --> 00:32:52.820
and perhaps you say political perspectives

483
00:32:52.820 --> 00:32:54.620
of African Americans,

484
00:32:54.620 --> 00:32:58.700
but then you add in in the late 1700s and early 1800s.

485
00:33:00.610 --> 00:33:02.490
<v Mr. Rowley>Than I wouldn't have a problem with that.</v>

486
00:33:02.490 --> 00:33:06.250
Actually, I think that, if that remedies the issue

487
00:33:06.250 --> 00:33:08.400
that you're seeing within the expectation,

488
00:33:08.400 --> 00:33:09.350
that would be fine.

489
00:33:14.495 --> 00:33:15.430
<v Woman>The only thing I would say,</v>

490
00:33:15.430 --> 00:33:19.210
I understand what staff is recommending here

491
00:33:19.210 --> 00:33:20.810
with the Bill of Rights piece,

492
00:33:20.810 --> 00:33:25.280
because the Bill of Rights also, are the civil rights,

493
00:33:25.280 --> 00:33:26.710
those were the personal rights.

494
00:33:26.710 --> 00:33:29.170
And so that has to do with, fair trials

495
00:33:29.170 --> 00:33:30.720
and different things like that.

496
00:33:33.286 --> 00:33:37.430
And so I, that they're in addition to,

497
00:33:37.430 --> 00:33:40.240
because you're born, this is what you get,

498
00:33:40.240 --> 00:33:41.920
and you deserve these things.

499
00:33:41.920 --> 00:33:43.680
And then in addition to that,

500
00:33:43.680 --> 00:33:47.300
are these other civil rights that are accorded you.

501
00:33:47.300 --> 00:33:50.637
And so, I think there's some value

502
00:33:50.637 --> 00:33:54.530
in both of those being compared and contrasted.

503
00:33:58.720 --> 00:34:00.700
<v Dr. Ellis>All right, so maybe the best way to do this,</v>

504
00:34:00.700 --> 00:34:03.460
we have a recommendation for staff

505
00:34:03.460 --> 00:34:07.130
as presented on the screen, let's use that as,

506
00:34:07.130 --> 00:34:09.080
Kay help me out here, that can be the motion

507
00:34:09.080 --> 00:34:10.900
that we were beginning with

508
00:34:10.900 --> 00:34:11.870
and then we can work on amendments from here,

509
00:34:11.870 --> 00:34:12.920
would that be proper?

510
00:34:17.000 --> 00:34:18.670
<v Kay>Yes, sir.</v>

511
00:34:18.670 --> 00:34:19.520
<v Mr. Maynard>Inquiry.</v>

512
00:34:20.696 --> 00:34:21.860
<v Dr. Ellis>Mr. Maynard?</v>

513
00:34:21.860 --> 00:34:23.320
<v Mr. Maynard>Yeah, so this is second reading</v>

514
00:34:23.320 --> 00:34:25.900
and final adoption, it is Friday

515
00:34:25.900 --> 00:34:30.254
and it's my recollection that in order to take up,

516
00:34:30.254 --> 00:34:35.254
we suspended the rules to address the deadline yesterday.

517
00:34:38.720 --> 00:34:39.670
But in order to,

518
00:34:45.251 --> 00:34:50.150
do we need to suspend the rules to consider an amendment,

519
00:34:50.150 --> 00:34:53.570
is this is not adding an instructional time,

520
00:34:53.570 --> 00:34:54.770
it's not adding content.

521
00:34:56.920 --> 00:34:58.430
What the rule says about that?

522
00:35:03.740 --> 00:35:05.240
<v Member>Dr. Ellis if I may.</v>

523
00:35:06.960 --> 00:35:11.960
The move that you suspended is, as I recall it,

524
00:35:12.450 --> 00:35:17.320
is amendments from individuals.

525
00:35:17.320 --> 00:35:20.820
And generally you have permitted staff

526
00:35:20.820 --> 00:35:25.820
to make recommendations and to amend things.

527
00:35:26.641 --> 00:35:29.210
We don't do it often.

528
00:35:29.210 --> 00:35:31.800
But I believe that you have done it

529
00:35:31.800 --> 00:35:34.320
during your actual meetings previously.

530
00:35:35.830 --> 00:35:37.450
<v Dr. Ellis>We do this, with it still require</v>

531
00:35:37.450 --> 00:35:38.950
a two thirds majority vote.

532
00:35:39.880 --> 00:35:41.830
<v Member>No, sir, it's still an amendment.</v>

533
00:35:41.830 --> 00:35:43.922
And the only thing that is always true

534
00:35:43.922 --> 00:35:46.190
in Robert's Rules of Order,

535
00:35:46.190 --> 00:35:49.780
is that every amendment always takes a majority vote,

536
00:35:49.780 --> 00:35:52.839
unless rules specifically call for it to be different.

537
00:35:52.839 --> 00:35:55.900
And I'm unfamiliar with a rule that would require

538
00:35:55.900 --> 00:35:57.600
that to be different at this time.

539
00:35:58.733 --> 00:35:59.566
<v Dr. Ellis>Okay, so that answer your question,</v>

540
00:35:59.566 --> 00:36:00.700
Mr. Maynard?

541
00:36:00.700 --> 00:36:01.533
<v Mr. Maynard>Yeah, I think so</v>

542
00:36:01.533 --> 00:36:04.880
and I understand that that rule related to that, is,

543
00:36:04.880 --> 00:36:09.310
was really, the intent of that was

544
00:36:09.310 --> 00:36:12.750
to slow down the addition of content,

545
00:36:12.750 --> 00:36:13.670
but I just wanna make sure

546
00:36:13.670 --> 00:36:15.570
that we don't run afoul of our office.

547
00:36:17.200 --> 00:36:18.820
<v Woman>Mr. Maynard, if it helps, I'll go ahead</v>

548
00:36:18.820 --> 00:36:19.970
and read the rules to you.

549
00:36:19.970 --> 00:36:22.350
It says, Aa member wishing to amend

550
00:36:22.350 --> 00:36:25.650
"Any Texas Essential Knowledge and Skills being considered.

551
00:36:25.650 --> 00:36:27.670
"For second reading and final adoption,

552
00:36:27.670 --> 00:36:30.400
"shall submit the amendment in writing to staff

553
00:36:30.400 --> 00:36:32.080
"no later than noon on the day prior

554
00:36:32.080 --> 00:36:34.730
"to the final vote of the adoption of the text.

555
00:36:35.900 --> 00:36:38.230
"All amendments shall be made available to the public

556
00:36:38.230 --> 00:36:39.950
"to the extent possible,

557
00:36:39.950 --> 00:36:42.500
"the rule may be suspended by a two thirds vote."

558
00:36:43.340 --> 00:36:47.570
So I think that does as as Kay mentioned,

559
00:36:47.570 --> 00:36:52.570
specify amendments that members wish to have considered.

560
00:36:53.430 --> 00:36:56.810
I think this was really more a clarification

561
00:36:56.810 --> 00:36:59.420
of language from staff

562
00:36:59.420 --> 00:37:04.420
and you have allowed us when you make a bunch of amendments,

563
00:37:06.248 --> 00:37:07.770
and then come back and look at the rule text,

564
00:37:07.770 --> 00:37:09.725
you have allowed us if we identify anything

565
00:37:09.725 --> 00:37:13.229
that perhaps needs some clarity,

566
00:37:13.229 --> 00:37:15.920
we have been able to do that in the past

567
00:37:15.920 --> 00:37:18.584
without you suspending any rules.

568
00:37:18.584 --> 00:37:19.870
<v Mr. Maynard>Thank you.</v>

569
00:37:19.870 --> 00:37:20.770
<v Dr. Ellis>Can you recommend</v>

570
00:37:20.770 --> 00:37:22.990
that a staff can't make a motion,

571
00:37:22.990 --> 00:37:25.410
does a member need to make a motion

572
00:37:25.410 --> 00:37:27.810
as presented on the screen and a second, go from there?

573
00:37:27.810 --> 00:37:30.210
Okay, would someone like to make a motion

574
00:37:30.210 --> 00:37:31.350
for the motion on the screen?

575
00:37:34.430 --> 00:37:35.263
Bahorich?

576
00:37:38.360 --> 00:37:43.330
<v Miss Bahorich>Yeah, I propose revision for 9.A.</v>

577
00:37:43.330 --> 00:37:48.330
to be compare and contrast how the unalienable rights

578
00:37:48.470 --> 00:37:50.460
expressed in the Declaration of Independence

579
00:37:50.460 --> 00:37:52.900
and civil rights in the Bill of Rights

580
00:37:52.900 --> 00:37:54.980
influenced political perspectives of enslaved

581
00:37:54.980 --> 00:37:57.370
and free African Americans in the late 1700s

582
00:37:57.370 --> 00:38:00.074
and early 1800s.

583
00:38:00.074 --> 00:38:02.400
<v Dr. Ellis>We have a second?</v>

584
00:38:02.400 --> 00:38:03.240
<v Member>Second.</v>

585
00:38:03.240 --> 00:38:04.470
<v Dr. Ellis>Okay, so we have a motion and a second.</v>

586
00:38:04.470 --> 00:38:06.710
So we have a starting point here.

587
00:38:06.710 --> 00:38:08.460
So that being said now,

588
00:38:11.380 --> 00:38:13.460
is everyone happy with the amendment as written

589
00:38:13.460 --> 00:38:17.490
or would there be any changes that someone like to make?

590
00:38:17.490 --> 00:38:18.323
Mr. Mercer.

591
00:38:22.670 --> 00:38:24.170
<v Mr. Mercer>For discussion,</v>

592
00:38:28.620 --> 00:38:31.390
in their timeframe back there was,

593
00:38:32.460 --> 00:38:34.740
Declartion in the Constitution.

594
00:38:34.740 --> 00:38:36.980
Civil Rights is the common term we use right now,

595
00:38:36.980 --> 00:38:39.557
we understand that, but their timeframe again,

596
00:38:39.557 --> 00:38:42.379
the first seven states, Alaska, New Jersey in 1804,

597
00:38:42.379 --> 00:38:47.010
all four seven northern states abolished slavery

598
00:38:47.010 --> 00:38:50.900
and the next day was Vermont, but that was there, again

599
00:38:50.900 --> 00:38:54.990
and Shelley's correct, what the inalienable rights are,

600
00:38:54.990 --> 00:38:57.570
life, liberty and pursuit, that's it, that's what they are,

601
00:38:57.570 --> 00:39:01.120
as we have in the current amendment right now,

602
00:39:01.120 --> 00:39:03.160
I'm just concerned, when we said in civil rights,

603
00:39:03.160 --> 00:39:05.240
I would say, and I would keep it what it was,

604
00:39:05.240 --> 00:39:07.044
Declaration in the Constitution.

605
00:39:07.044 --> 00:39:09.280
That's what the black Americans use back then

606
00:39:09.280 --> 00:39:10.360
to compare that saying,

607
00:39:10.360 --> 00:39:14.040
"Hey, should we abolish slavery based on this?"

608
00:39:14.040 --> 00:39:15.300
I think we're changing a lot.

609
00:39:15.300 --> 00:39:18.486
Remember the timeframe says, the late 1700s

610
00:39:18.486 --> 00:39:21.000
and the early 1800s, okay?

611
00:39:21.000 --> 00:39:22.660
That's our mind frame there.

612
00:39:22.660 --> 00:39:24.520
They had the Bill of Rights in the Constitution,

613
00:39:24.520 --> 00:39:26.340
and they were applying that

614
00:39:26.340 --> 00:39:29.240
and the impact was that these seven northern states

615
00:39:31.230 --> 00:39:33.960
abolished slavery before 1804.

616
00:39:33.960 --> 00:39:35.430
That's a very important concept

617
00:39:35.430 --> 00:39:37.200
that I want all kids to know that

618
00:39:37.200 --> 00:39:38.748
that stuff was abolished in 1804.

619
00:39:38.748 --> 00:39:41.874
The first seven northern states abolish that

620
00:39:41.874 --> 00:39:44.050
using the Constitution,

621
00:39:44.050 --> 00:39:46.610
I'm just concerned, we're wordsmithing a lot

622
00:39:46.610 --> 00:39:50.480
and I kind of go back to where Kearney reads.

623
00:39:51.780 --> 00:39:55.250
Explain unalienable rights, which are life, liberty,

624
00:39:55.250 --> 00:39:58.380
and pursuit of happiness, influenced political perspectives

625
00:39:59.274 --> 00:40:00.970
of African Americans, I could say

626
00:40:00.970 --> 00:40:03.509
using the Declaration in the Constitution,

627
00:40:03.509 --> 00:40:06.270
civil rights says that we all support,

628
00:40:06.270 --> 00:40:07.600
but that's more of a concept,

629
00:40:07.600 --> 00:40:10.810
back then they called the Declaration in the Constitution.

630
00:40:10.810 --> 00:40:13.940
I'm not sure if we call it now civil rights,

631
00:40:13.940 --> 00:40:16.700
but is that what they turned it back in the 1700s?

632
00:40:16.700 --> 00:40:19.340
Someone tell me that, you understand what I'm saying?

633
00:40:20.380 --> 00:40:22.270
I concern is we wordsmith it too much,

634
00:40:22.270 --> 00:40:24.620
I look at the current new one and the new one.

635
00:40:24.620 --> 00:40:27.830
And we're, I don't know we're having a lot.

636
00:40:27.830 --> 00:40:29.916
We're can say Declaration of obviously constitution.

637
00:40:29.916 --> 00:40:31.490
I'll stop there.

638
00:40:32.330 --> 00:40:33.430
<v Dr. Ellis>And Miss Hardy?</v>

639
00:40:34.920 --> 00:40:37.616
<v Miss Hardy>I think, that the first revision</v>

640
00:40:37.616 --> 00:40:42.616
is very clear, I like the fact that you don't have to put

641
00:40:42.635 --> 00:40:43.590
(mumbles)

642
00:40:43.590 --> 00:40:46.480
If someone doesn't know what unalienable rights are,

643
00:40:46.480 --> 00:40:49.444
then they will find out by looking at it.

644
00:40:49.444 --> 00:40:51.230
(mumbles)

645
00:40:51.230 --> 00:40:53.640
And I don't think there are people that don't know that.

646
00:40:54.993 --> 00:40:56.412
The terms civil rights just speak to the teacher

647
00:40:56.412 --> 00:40:58.610
was teaching us today.

648
00:40:58.610 --> 00:41:00.810
And so that first experience

649
00:41:00.810 --> 00:41:03.600
as far as a teacher going after this,

650
00:41:03.600 --> 00:41:07.225
that the Civil Rights are expressed in the Bill of Rights,

651
00:41:07.225 --> 00:41:09.297
(mumbles)

652
00:41:09.297 --> 00:41:10.750
that time frame.

653
00:41:13.102 --> 00:41:16.370
So I just had to read the terminologies of that time frame

654
00:41:16.370 --> 00:41:18.830
this is what I don't understand it today,

655
00:41:18.830 --> 00:41:22.799
I think the first revision as it is right there right now

656
00:41:22.799 --> 00:41:26.410
is very clear and very good.

657
00:41:26.410 --> 00:41:27.530
<v Dr. Ellis>Miss Bahorich?</v>

658
00:41:30.730 --> 00:41:32.770
<v Miss Bahorich>I think what's important here is that,</v>

659
00:41:32.770 --> 00:41:36.540
the reason I'm in agreement with Member Hardy

660
00:41:36.540 --> 00:41:38.360
as well on this is that,

661
00:41:38.360 --> 00:41:40.280
civil rights are the rights of citizens.

662
00:41:40.280 --> 00:41:43.200
We want them to specifically compare

663
00:41:43.200 --> 00:41:45.590
and contrast personal rights.

664
00:41:45.590 --> 00:41:48.420
There are other rights that are written in there

665
00:41:48.420 --> 00:41:51.060
but they're not necessarily personal.

666
00:41:51.060 --> 00:41:53.660
It's, but whereas unalienable rights

667
00:41:53.660 --> 00:41:57.390
and the civil rights which are personal rights of citizens

668
00:41:57.390 --> 00:42:01.385
to political and social freedom and equality.

669
00:42:01.385 --> 00:42:03.670
That's the depth of discussion.

670
00:42:05.120 --> 00:42:07.010
<v Dr. Ellis>All right, Mr. Maynard?</v>

671
00:42:09.790 --> 00:42:14.790
<v Mr. Maynard>Yeah, I and just to respond to the concerns</v>

672
00:42:14.980 --> 00:42:17.889
of my colleague from District five.

673
00:42:17.889 --> 00:42:20.440
And what I'm hearing is,

674
00:42:20.440 --> 00:42:25.440
is that the term civil rights is not true to the period

675
00:42:25.680 --> 00:42:27.690
that we're describing.

676
00:42:27.690 --> 00:42:29.990
And I understand that, is that maybe

677
00:42:29.990 --> 00:42:32.720
that they didn't really talk about civil rights,

678
00:42:32.720 --> 00:42:34.503
but that's how we term it today.

679
00:42:34.503 --> 00:42:36.880
And so regardless of how they termed it,

680
00:42:36.880 --> 00:42:37.840
and how they thought about it,

681
00:42:37.840 --> 00:42:41.370
and how they articulated it back in the late 1700s,

682
00:42:41.370 --> 00:42:45.750
early 1800s, this is how we articulate it today

683
00:42:45.750 --> 00:42:48.780
and regardless of how they described it back then,

684
00:42:48.780 --> 00:42:50.510
they were civil rights.

685
00:42:50.510 --> 00:42:54.700
And so we are, it is a, we're casting a backward look

686
00:42:54.700 --> 00:42:59.060
back into the late 1700s, early 1800s

687
00:42:59.060 --> 00:43:02.336
and talking about civil rights

688
00:43:02.336 --> 00:43:05.728
and looking at it through the prism

689
00:43:05.728 --> 00:43:07.630
of how we think about those things today

690
00:43:07.630 --> 00:43:11.500
and so, while it may not be the language

691
00:43:11.500 --> 00:43:15.138
as expressed in the revision may not be true to the period.

692
00:43:15.138 --> 00:43:19.720
We are discussing these things today and not in 1800.

693
00:43:19.720 --> 00:43:22.500
So, I would support the proposed revision.

694
00:43:23.860 --> 00:43:25.030
<v Dr. Ellis>Miss Davis.</v>

695
00:43:26.170 --> 00:43:28.000
<v Miss Davis>I also support the revision,</v>

696
00:43:28.000 --> 00:43:31.120
I like that you have the unalienable rights

697
00:43:31.120 --> 00:43:32.380
and it kind of leads the students

698
00:43:32.380 --> 00:43:35.950
and teachers to research more about what it actually is,

699
00:43:35.950 --> 00:43:37.110
as Member Hardy was saying,

700
00:43:37.110 --> 00:43:41.120
and even a quick search of what unalienable rights is,

701
00:43:41.120 --> 00:43:43.330
tells you all about the rights are given

702
00:43:43.330 --> 00:43:44.240
because you're a human,

703
00:43:44.240 --> 00:43:46.440
so I think that leads to even more research

704
00:43:46.440 --> 00:43:47.924
and in depth conversation.

705
00:43:47.924 --> 00:43:49.930
So I sincerely support the revision.

706
00:43:53.960 --> 00:43:56.930
<v Dr. Ellis>Okay, any other comments on the amendment</v>

707
00:43:56.930 --> 00:43:58.470
as presented on the screen?

708
00:44:03.330 --> 00:44:05.740
And hearing no other amendments to the amendments,

709
00:44:05.740 --> 00:44:07.680
let's go ahead and take the vote

710
00:44:09.220 --> 00:44:10.720
on the amendment as presented.

711
00:44:12.650 --> 00:44:13.850
Everyone ready for that?

712
00:44:15.414 --> 00:44:19.294
All right, all those in favor of the motion

713
00:44:19.294 --> 00:44:22.070
do so by raising your hand.

714
00:44:34.440 --> 00:44:37.480
<v Staff>You may lower your hands 14 in favor.</v>

715
00:44:37.480 --> 00:44:39.020
<v ->And all those opposed show</v>

716
00:44:39.020 --> 00:44:40.140
by raising your hands.

717
00:44:41.992 --> 00:44:43.492
All right, the motion carries.

718
00:44:47.820 --> 00:44:48.920
Thank you, Miss Ramos.

719
00:44:50.280 --> 00:44:51.660
Yeah, before we get to the final,

720
00:44:51.660 --> 00:44:55.840
do we have any other amendments from members?

721
00:44:57.080 --> 00:44:57.950
Miss Perez.

722
00:45:00.915 --> 00:45:05.733
<v ->I have two, Miss Kay, if we look, please at 4(G) and 5(B).</v>

723
00:45:10.490 --> 00:45:11.777
It's--

724
00:45:11.777 --> 00:45:13.170
<v ->I'm sorry, you're gonna need to give me a second</v>

725
00:45:13.170 --> 00:45:15.580
because I was unaware that this was coming up.

726
00:45:15.580 --> 00:45:18.200
So let me find the file from yesterday

727
00:45:18.200 --> 00:45:22.087
and bring it back up if I may.

728
00:45:23.460 --> 00:45:28.460
<v ->Hey, we'll send you the file that has the amendments.</v>

729
00:45:29.130 --> 00:45:31.930
I'm sorry, I thought we had done that.

730
00:45:48.340 --> 00:45:51.190
<v ->While they're doing that could Miss Perez repeat</v>

731
00:45:51.190 --> 00:45:53.310
which standards we're gonna be looking at?

732
00:45:55.010 --> 00:45:59.263
<v ->Yes, please look at 4 (g) and 5(b).</v>

733
00:46:04.450 --> 00:46:07.719
It says discuss and I would like to change it to describe.

734
00:46:07.719 --> 00:46:09.990
<v ->You know where they are in our minutes</v>

735
00:46:09.990 --> 00:46:11.940
since I think everyone has that up now.

736
00:46:15.950 --> 00:46:17.870
<v ->It's page three of the Rule Test</v>

737
00:46:17.870 --> 00:46:21.363
that I attach to your Minutes, if you have that handy.

738
00:46:33.105 --> 00:46:36.022
(background noise)

739
00:46:42.430 --> 00:46:43.280
<v ->4 (G) and 5(B)?</v>

740
00:46:45.829 --> 00:46:46.662
<v ->Yes.</v>

741
00:46:50.281 --> 00:46:53.120
<v ->This is the original 4 (G) and 5(B), correct?</v>

742
00:46:53.120 --> 00:46:54.365
<v ->Correct.</v>

743
00:46:54.365 --> 00:46:56.032
<v ->The first reading.</v>

744
00:47:05.870 --> 00:47:10.827
<v ->It's just the changing of the verb specifically, because</v>

745
00:47:14.923 --> 00:47:17.540
it's, to use the word discuss

746
00:47:17.540 --> 00:47:19.570
is not an instructional strategy.

747
00:47:19.570 --> 00:47:21.570
<v ->Before we get into deliberation, I think we need,</v>

748
00:47:21.570 --> 00:47:23.407
let's make sure we all have it.

749
00:47:23.407 --> 00:47:25.280
I think, I need to ask Miss Kay also,

750
00:47:25.280 --> 00:47:28.840
if we have to suspend the rules to take up this motion.

751
00:47:28.840 --> 00:47:30.820
<v ->So it's page four of your minutes</v>

752
00:47:30.820 --> 00:47:32.710
and it looks like from the Rule Text,

753
00:47:32.710 --> 00:47:35.690
the proposal is to revert back to the original language

754
00:47:36.580 --> 00:47:38.180
before it was amended yesterday.

755
00:47:43.660 --> 00:47:48.660
So 4 (G), did say, describe and that was stricken

756
00:47:51.760 --> 00:47:53.400
and replaced with discuss.

757
00:47:55.580 --> 00:47:58.110
So you may want to, it sounds like

758
00:47:58.110 --> 00:47:59.550
you're wanting to revert back.

759
00:47:59.550 --> 00:48:00.480
<v ->How about 4(L)?</v>

760
00:48:04.500 --> 00:48:06.510
What do we have discussed now?

761
00:48:06.510 --> 00:48:08.320
'Cause it's kind of hard to figure this out

762
00:48:08.320 --> 00:48:10.740
'cause I think that's what she's trying to address.

763
00:48:11.870 --> 00:48:15.550
<v ->So in the new 4 (G) on the Rule Text</v>

764
00:48:15.550 --> 00:48:17.440
that we sent you last night,

765
00:48:18.904 --> 00:48:21.560
it's currently says discuss the impact

766
00:48:21.560 --> 00:48:24.870
of the U.S. Supreme Court decision Plessy v. Ferguson.

767
00:48:25.744 --> 00:48:28.986
You can see there that describe was stricken

768
00:48:28.986 --> 00:48:31.450
and replaced with discuss yesterday.

769
00:48:35.902 --> 00:48:39.200
<v ->Okay, Miss Kay, do we need to suspend the rules</v>

770
00:48:39.200 --> 00:48:40.350
to take up this motion?

771
00:48:49.144 --> 00:48:51.940
<v Miss Kay>Yes, sir, I would suggest that you do.</v>

772
00:48:51.940 --> 00:48:56.370
This is an amendment by a member that was not presented

773
00:48:56.370 --> 00:48:58.350
by three o'clock yesterday afternoon.

774
00:49:00.690 --> 00:49:01.830
<v Dr. Ellis>Members as she stated,</v>

775
00:49:01.830 --> 00:49:04.399
we do have amendment that's being brought to us now

776
00:49:04.399 --> 00:49:07.620
on Friday at second reading,

777
00:49:07.620 --> 00:49:09.923
so if it is the will of the Board

778
00:49:09.923 --> 00:49:13.840
to take up this amendment as she stated,

779
00:49:13.840 --> 00:49:18.003
we will require a two thirds majority to suspend our rules.

780
00:49:19.187 --> 00:49:22.624
So, I assume I have to have a motion to do that.

781
00:49:22.624 --> 00:49:25.440
Okay, does anyone have a motion to suspend the rules?

782
00:49:28.730 --> 00:49:29.640
<v Mr. Mercer>I have have two questions.</v>

783
00:49:29.640 --> 00:49:31.060
<v Member>So moved.</v>

784
00:49:31.060 --> 00:49:33.560
<v Dr. Ellis>Okay, so parliamentary inquiry Mr. Mercer?</v>

785
00:49:33.560 --> 00:49:35.490
<v Mr. Mercer>Do we have to take that vote per amendment</v>

786
00:49:35.490 --> 00:49:38.260
or just overall, all amendments are now welcome?

787
00:49:38.260 --> 00:49:40.230
<v Dr. Ellis>Each amendment as brought.</v>

788
00:49:40.230 --> 00:49:42.810
<v Mr. Mercer>So if we vote yes,</v>

789
00:49:42.810 --> 00:49:44.250
then all amendments can be brought up

790
00:49:44.250 --> 00:49:46.120
and we can reopen the whole thing now?

791
00:49:47.030 --> 00:49:49.050
<v Dr. Ellis>So be it be, per amendment.</v>

792
00:49:49.050 --> 00:49:50.620
<v Mr. Mercer>It's per amendment, okay,</v>

793
00:49:50.620 --> 00:49:52.370
can I see the amendment first again,

794
00:49:52.370 --> 00:49:53.820
before we decide how to vote?

795
00:49:56.564 --> 00:49:58.490
Repeat it please.

796
00:49:58.490 --> 00:50:00.910
<v Dr. Ellis>So this is the discuss</v>

797
00:50:00.910 --> 00:50:02.890
or describe the impact of the U.S. Supreme Court,

798
00:50:02.890 --> 00:50:05.910
is that one 4 (G) or 5(B)?

799
00:50:07.450 --> 00:50:09.790
<v Miss Kay>So 4 (G)--</v>
<v Miss Perez>It applies.</v>

800
00:50:10.730 --> 00:50:12.450
<v Miss Kay>4 (G) currently says,</v>

801
00:50:12.450 --> 00:50:15.680
"Discuss the impact of the U.S. Supreme Court decision

802
00:50:15.680 --> 00:50:18.480
"Plessy v Ferguson 1896."

803
00:50:19.670 --> 00:50:20.503
<v Dr. Ellis>Okay.</v>

804
00:50:21.530 --> 00:50:25.890
So we have a motion from Miss Perez to suspend the rules

805
00:50:25.890 --> 00:50:30.700
and take up 4(G) as an amendment, do we have a second?

806
00:50:32.990 --> 00:50:34.595
<v Member>Second.</v>

807
00:50:34.595 --> 00:50:35.860
<v Dr. Ellis>We have a motion in a second.</v>

808
00:50:37.074 --> 00:50:39.370
All those in favor, suspending the rules

809
00:50:39.370 --> 00:50:42.020
and taken out 4(G), please show by raising your hand.

810
00:50:55.120 --> 00:50:56.100
<v Miss Kay>You may lower your hands,</v>

811
00:50:56.100 --> 00:50:58.509
I believe I counted 11.

812
00:50:58.509 --> 00:51:01.030
<v Dr. Ellis>All those opposed to suspending the rules</v>

813
00:51:01.030 --> 00:51:03.530
to take up 4(G), please show by raising your hand.

814
00:51:10.823 --> 00:51:13.130
<v Miss Kay>You can lower your hands, three.</v>

815
00:51:13.130 --> 00:51:14.500
<v Dr. Ellis>Motion carries.</v>

816
00:51:14.500 --> 00:51:16.230
<v Miss Bahorich>Parliamentary inquiry.</v>

817
00:51:16.230 --> 00:51:17.200
<v Dr. Ellis>Yes ma'am.</v>

818
00:51:18.470 --> 00:51:20.490
<v Miss Bahorich>I think the intention</v>

819
00:51:20.490 --> 00:51:24.380
and Member Perez, can, if I'm wrong,

820
00:51:24.380 --> 00:51:29.060
I think the intention is to change any of the discusses

821
00:51:29.060 --> 00:51:31.870
to describe, is that correct, Miss Perez?

822
00:51:33.860 --> 00:51:37.155
Exactly if we have discuss anywhere,

823
00:51:37.155 --> 00:51:39.590
then we wanna change it--

824
00:51:41.798 --> 00:51:43.600
<v Miss Perez>It's just those two.</v>

825
00:51:43.600 --> 00:51:44.740
<v Miss Bahorich>Well I just wanna make sure,</v>

826
00:51:44.740 --> 00:51:46.550
I'm not clear, so.

827
00:51:48.870 --> 00:51:50.300
<v Dr. Ellis>Understanding that you are correct</v>

828
00:51:50.300 --> 00:51:51.780
Miss Bahorich, so that was our intent

829
00:51:51.780 --> 00:51:54.220
but there are only two of those situations.

830
00:51:54.220 --> 00:51:55.640
<v Miss Bahorich>Oh, okay, for sure Kay,</v>

831
00:51:55.640 --> 00:51:57.451
look they are there.

832
00:51:57.451 --> 00:51:59.006
I just wanna make sure that,

833
00:51:59.006 --> 00:52:01.160
'cause I can't really tell from the notes to be honest.

834
00:52:01.160 --> 00:52:03.366
I mean, it's hard for me to figure that out.

835
00:52:03.366 --> 00:52:04.560
<v Dr. Ellis>We have a motion, we have a second,</v>

836
00:52:04.560 --> 00:52:06.730
Miss Perez, if you want to speak to your motion.

837
00:52:08.972 --> 00:52:11.020
<v Miss Perez>I think it's pretty simple.</v>

838
00:52:11.020 --> 00:52:14.090
The reason that I'm requesting or proposing

839
00:52:14.090 --> 00:52:18.195
that the word discussed be revised to describe is because,

840
00:52:18.195 --> 00:52:20.901
describe as a cognitive process that can be demonstrated

841
00:52:20.901 --> 00:52:24.310
by discussing, writing, painting, etc.

842
00:52:24.310 --> 00:52:28.280
It tells, it gives a specific instruction to our teachers,

843
00:52:28.280 --> 00:52:29.760
what's it, what they need to teach,

844
00:52:29.760 --> 00:52:33.340
and it tells our students exactly what's expected as well.

845
00:52:33.340 --> 00:52:35.070
It has to be more than dialogue.

846
00:52:37.320 --> 00:52:38.470
<v Dr. Ellis>Mr. Rowley?</v>

847
00:52:39.616 --> 00:52:43.400
<v Mr. Rowley>Yeah, so, if I'm understanding correctly,</v>

848
00:52:43.400 --> 00:52:46.640
originally, it said, describe,

849
00:52:46.640 --> 00:52:50.988
and then as a result of the amending process yesterday,

850
00:52:50.988 --> 00:52:53.670
we changed it to discuss

851
00:52:53.670 --> 00:52:55.820
and now we're changing it back to describe?

852
00:52:57.449 --> 00:52:59.060
<v Miss Perez>I believe that's correct.</v>

853
00:52:59.060 --> 00:53:01.210
<v Mr. Rowley>So what was the motivation</v>

854
00:53:01.210 --> 00:53:02.430
to change it yesterday?

855
00:53:03.540 --> 00:53:05.210
And what has changed since then?

856
00:53:09.962 --> 00:53:12.110
<v Dr. Ellis>Miss Perez, would you like to respond to that?</v>

857
00:53:13.840 --> 00:53:16.600
<v Miss Perez>To be honest with you, Mr. Rowley,</v>

858
00:53:16.600 --> 00:53:20.430
I don't know the motivation of changing it yesterday,

859
00:53:20.430 --> 00:53:23.550
it could have been just a typographical error

860
00:53:23.550 --> 00:53:28.550
on the part of who read it, I know I typed it,

861
00:53:30.468 --> 00:53:34.900
but I can't, my document has so many notes

862
00:53:34.900 --> 00:53:37.863
and so many changes, I can't explain.

863
00:53:37.863 --> 00:53:42.863
But my sincere belief is that it was simply an error

864
00:53:45.770 --> 00:53:48.820
while preparing the documents for amendments.

865
00:53:48.820 --> 00:53:51.140
I don't believe that there was anything more

866
00:53:51.140 --> 00:53:52.590
to it than that.

867
00:53:52.590 --> 00:53:54.020
<v Mr. Rowley>Okay, thank you.</v>

868
00:53:54.020 --> 00:53:55.847
<v Dr. Ellis>Miss Hardy?</v>

869
00:53:55.847 --> 00:53:58.014
(mumbles)

870
00:54:04.950 --> 00:54:06.470
<v Miss Hardy>Discuss is limiting,</v>

871
00:54:06.470 --> 00:54:09.200
you could do it by other things.

872
00:54:09.200 --> 00:54:13.000
Whereas this way you could have a,

873
00:54:13.000 --> 00:54:14.710
like someone mentioned to me yesterday

874
00:54:14.710 --> 00:54:16.650
a PowerPoint describing

875
00:54:16.650 --> 00:54:19.620
and that you would be completing that coverage of

876
00:54:19.620 --> 00:54:22.048
that (mumbles)

877
00:54:22.048 --> 00:54:26.358
a chance to discuss that, maybe we'll get that right.

878
00:54:26.358 --> 00:54:28.525
(mumbles)

879
00:54:29.520 --> 00:54:30.770
<v Dr. Ellis>Mr. Mercer?</v>

880
00:54:37.160 --> 00:54:38.600
Mercer.

881
00:54:38.600 --> 00:54:40.780
<v Mr. Mercer>Thank you, okay.</v>

882
00:54:40.780 --> 00:54:43.520
I do not like last minute changes on Friday, however,

883
00:54:43.520 --> 00:54:45.330
I will support the amendment

884
00:54:45.330 --> 00:54:47.820
because you know my discussion before,

885
00:54:47.820 --> 00:54:50.620
how important Plessy v Ferguson is,

886
00:54:50.620 --> 00:54:53.787
and Gina is correct, that the describe is a,

887
00:54:53.787 --> 00:54:56.240
intellectual value, you're actually doing

888
00:54:56.240 --> 00:54:58.047
some action in there.

889
00:54:58.047 --> 00:55:00.460
So I will support the amendment describe the impact

890
00:55:00.460 --> 00:55:04.100
of the Supreme Court decision Plessy v. Ferguson, 1896.

891
00:55:04.100 --> 00:55:05.040
Thank you.

892
00:55:05.040 --> 00:55:06.130
<v Dr. Ellis>Miss Cargill.</v>

893
00:55:09.420 --> 00:55:10.670
<v Miss Cargill>I supported it as well</v>

894
00:55:10.670 --> 00:55:12.220
because it will make it consistent

895
00:55:12.220 --> 00:55:13.880
throughout the whole document.

896
00:55:13.880 --> 00:55:17.500
So it makes sense, thank you for catching that Miss Perez.

897
00:55:20.060 --> 00:55:21.500
<v Dr. Ellis>Any other comments?</v>

898
00:55:23.890 --> 00:55:25.940
All right, we are ready to take the vote.

899
00:55:26.930 --> 00:55:29.020
So I will ask all those in favor,

900
00:55:29.020 --> 00:55:30.670
please show by raising your hand.

901
00:55:48.240 --> 00:55:49.580
<v Miss Kay>Miss Pat's hand.</v>

902
00:55:50.672 --> 00:55:52.160
<v Dr. Ellis>Are you, your hand up or not?</v>

903
00:55:53.450 --> 00:55:54.640
<v Miss Pat>Not.</v>

904
00:55:54.640 --> 00:55:55.840
<v Miss Kay>I count 13.</v>

905
00:55:57.620 --> 00:55:59.110
<v Dr. Ellis>You may lower your hands.</v>

906
00:56:00.450 --> 00:56:03.410
All those opposed, please show by raising your hand.

907
00:56:05.130 --> 00:56:07.590
All right, the motion carries.

908
00:56:07.590 --> 00:56:11.207
Now I would take up a motion to suspend the rules

909
00:56:11.207 --> 00:56:16.050
to take up Item 5(B).

910
00:56:17.135 --> 00:56:19.300
So if anyone has that motion.

911
00:56:19.300 --> 00:56:20.500
<v Member>Having a motion to suspend the rules</v>

912
00:56:20.500 --> 00:56:21.550
to take up item 5(B).

913
00:56:23.534 --> 00:56:24.367
<v Dr. Ellis>Do we have a second?</v>

914
00:56:27.710 --> 00:56:28.543
<v Member>Second.</v>

915
00:56:28.543 --> 00:56:30.050
<v Dr. Ellis>We have a motion and a second.</v>

916
00:56:30.050 --> 00:56:33.720
This will require a vote to suspend the rules,

917
00:56:33.720 --> 00:56:36.620
so I'll ask all those in favor suspending the rules

918
00:56:36.620 --> 00:56:39.340
to take up 5(B), to show by raising your hand.

919
00:56:58.880 --> 00:57:01.590
<v Miss Kay>You may lower your hands, I believe I count 10.</v>

920
00:57:02.640 --> 00:57:06.630
<v Dr. Ellis>All those opposed to taking up 5(B),</v>

921
00:57:07.580 --> 00:57:09.200
show by raising your hand.

922
00:57:18.480 --> 00:57:20.480
<v Miss Kay>You may lower, I count one.</v>

923
00:57:21.871 --> 00:57:23.430
<v Dr. Ellis>All right, the motion carries.</v>

924
00:57:23.430 --> 00:57:26.850
So I call this tennis to clarify her motion.

925
00:57:36.660 --> 00:57:37.867
<v Miss Perez>In 4(G).</v>

926
00:57:41.880 --> 00:57:45.530
<v Dr. Ellis>It should be on 5(B).</v>

927
00:57:45.530 --> 00:57:49.020
<v Miss Perez>Thank you, 5(B), please change,</v>

928
00:57:50.070 --> 00:57:51.890
discuss to describe.

929
00:57:54.722 --> 00:57:56.360
<v Dr. Ellis>Okay, do we have a second?</v>

930
00:57:56.360 --> 00:57:57.650
<v Member>Second.</v>

931
00:57:57.650 --> 00:57:58.483
<v Dr. Ellis>A motion and a second.</v>

932
00:57:58.483 --> 00:57:59.960
Would like to speak to your motion

933
00:57:59.960 --> 00:58:01.770
if it's any different than the last one?

934
00:58:04.650 --> 00:58:05.483
<v Miss Perez>No, sorry.</v>

935
00:58:05.483 --> 00:58:08.460
It's exactly the same reasoning for.

936
00:58:11.020 --> 00:58:14.330
<v Dr. Ellis>Any further discussion on the motion?</v>

937
00:58:14.330 --> 00:58:15.440
<v Mr. Mercer>Mr. Chair.</v>

938
00:58:15.440 --> 00:58:16.380
<v Dr. Ellis>Yes sir, Mr. Mercer.</v>

939
00:58:16.380 --> 00:58:17.778
<v Mr. Mercer>Just a comment.</v>

940
00:58:17.778 --> 00:58:20.694
I've always talked about how the top 10 Supreme Court cases

941
00:58:20.694 --> 00:58:23.370
and applies it in a Sweatt v. Palmer,

942
00:58:23.370 --> 00:58:25.520
Brown v. Board of Education,

943
00:58:25.520 --> 00:58:28.430
Plessy v. Ferguson in the lives of the same way

944
00:58:28.430 --> 00:58:29.340
they're important cases

945
00:58:29.340 --> 00:58:31.990
and the kids should be not discussing but describing it.

946
00:58:31.990 --> 00:58:33.160
Thank you.

947
00:58:33.160 --> 00:58:35.909
<v Dr. Ellis>Okay, any further discussion on the item?</v>

948
00:58:35.909 --> 00:58:38.660
I'll ask all those in favor of the motion,

949
00:58:38.660 --> 00:58:40.310
please show by raising your hand.

950
00:58:55.739 --> 00:58:58.320
<v Miss Kay>You may lower your hands, I count 14.</v>

951
00:58:58.320 --> 00:58:59.480
<v ->All those opposed please show</v>

952
00:58:59.480 --> 00:59:00.530
by raising your hand.

953
00:59:07.175 --> 00:59:08.470
Not sure if Mr. Mascott is scratching his head

954
00:59:08.470 --> 00:59:10.950
or he's opposed to the motion, one of the two.

955
00:59:15.980 --> 00:59:17.630
All right, so the motion carries.

956
00:59:18.740 --> 00:59:22.000
All right, are there any other amendments by members?

957
00:59:25.800 --> 00:59:28.050
Hearing none, before we take the final vote,

958
00:59:28.050 --> 00:59:29.130
we're still in discussion.

959
00:59:29.130 --> 00:59:32.190
So if there are any members who would just like to make

960
00:59:32.190 --> 00:59:35.690
any comments on getting to the completion here

961
00:59:35.690 --> 00:59:37.010
of African American Studies,

962
00:59:37.010 --> 00:59:39.730
this would probably be an appropriate time.

963
00:59:39.730 --> 00:59:41.260
So if anybody--

964
00:59:41.260 --> 00:59:44.350
<v ->Mr. Chairman, if I could just before that begins,</v>

965
00:59:44.350 --> 00:59:46.110
and I apologize for this,

966
00:59:46.110 --> 00:59:50.720
but staff that is smarter than I am, have pointed out,

967
00:59:50.720 --> 00:59:52.910
a place where we might ask for a technical edit

968
00:59:52.910 --> 00:59:55.440
to the amendment to 9.A. that was made earlier.

969
00:59:56.660 --> 00:59:59.430
We just would request that you flip the order

970
00:59:59.430 --> 01:00:03.560
so that it read, and I'll wait till Kay pulls it up,

971
01:00:05.042 --> 01:00:10.042
compare and contrast how the political perspectives

972
01:00:11.090 --> 01:00:14.020
of enslaved and free African Americans in the late 17

973
01:00:14.020 --> 01:00:19.020
and 1800s, were influenced by the inalienable rights

974
01:00:19.620 --> 01:00:21.050
expressed in the declaration.

975
01:00:21.050 --> 01:00:23.990
So we're just flipping the order of that, SE

976
01:00:23.990 --> 01:00:27.510
so that students, it doesn't appear that they're comparing

977
01:00:27.510 --> 01:00:28.930
and contrasting the Bill of Rights

978
01:00:28.930 --> 01:00:30.730
and the Declaration of Independence.

979
01:00:35.010 --> 01:00:36.780
<v ->Okay,is there any objection</v>

980
01:00:36.780 --> 01:00:39.730
from members on allowing staff to make that technical edit?

981
01:00:41.960 --> 01:00:44.010
All right, hearing none, that's approved.

982
01:00:44.850 --> 01:00:46.280
Thank you for catching that.

983
01:00:46.280 --> 01:00:47.130
<v ->Thank you, sir.</v>

984
01:00:48.027 --> 01:00:48.860
<v Dr. Ellis>All right, Mr. Maynard.</v>

985
01:00:48.860 --> 01:00:50.736
I see your hand raised.

986
01:00:50.736 --> 01:00:52.720
<v ->I just have a question for staff.</v>

987
01:00:53.950 --> 01:00:57.823
Remind me when the social studies standards come back up.

988
01:01:01.957 --> 01:01:03.160
<v ->Great question.</v>

989
01:01:05.890 --> 01:01:08.010
Let me see if I can find it really quickly.

990
01:01:08.010 --> 01:01:11.645
<v ->I think the point I was gonna make is that</v>

991
01:01:11.645 --> 01:01:15.059
the good news is that I think we will have

992
01:01:15.059 --> 01:01:18.700
a few years in the classroom with these standards.

993
01:01:18.700 --> 01:01:20.991
And then I'm assuming then this is that,

994
01:01:20.991 --> 01:01:24.810
when we go into the normal social studies review

995
01:01:24.810 --> 01:01:27.550
and revision that this

996
01:01:27.550 --> 01:01:31.560
and Mexican-American studies will be part of that revision.

997
01:01:32.457 --> 01:01:37.457
And so, we'll have a couple years in the classroom

998
01:01:37.590 --> 01:01:38.730
before we can come back

999
01:01:38.730 --> 01:01:42.717
and make some recommendations for some changes,

1000
01:01:42.717 --> 01:01:47.210
in terms of, is the volume of content appropriate

1001
01:01:47.210 --> 01:01:48.500
and some things added

1002
01:01:48.500 --> 01:01:51.034
and after people write curriculum for it,

1003
01:01:51.034 --> 01:01:53.980
perhaps after people write instructional materials

1004
01:01:53.980 --> 01:01:58.680
for it is, I think that it's kinda like building a building,

1005
01:01:58.680 --> 01:02:02.790
you don't really find the little blemishes in there

1006
01:02:02.790 --> 01:02:04.800
till you actually occupy it.

1007
01:02:04.800 --> 01:02:07.652
And, so that's probably what we're gonna see

1008
01:02:07.652 --> 01:02:09.730
when you have a set of standards like this

1009
01:02:09.730 --> 01:02:10.840
but the good news is, is that,

1010
01:02:10.840 --> 01:02:12.838
we will probably have the opportunity

1011
01:02:12.838 --> 01:02:16.990
to (mumbles) a little bit more the next time

1012
01:02:16.990 --> 01:02:19.686
we do social studies, which is when?

1013
01:02:19.686 --> 01:02:21.140
In a couple years Monica?

1014
01:02:21.140 --> 01:02:23.006
<v Miss Kay>You're scheduled to begin</v>

1015
01:02:23.006 --> 01:02:24.690
in the 23-24 school year.

1016
01:02:24.690 --> 01:02:26.150
<v ->Okay, yeah, so very good.</v>

1017
01:02:30.172 --> 01:02:32.547
<v ->Okay, I have Miss Hardy and then Dr. Robinson.</v>

1018
01:02:42.589 --> 01:02:44.506
Microphone, Miss Hardy.

1019
01:02:51.043 --> 01:02:51.902
Never get a response.

1020
01:02:51.902 --> 01:02:52.735
<v ->This is for staff, I think I've asked</v>

1021
01:02:52.735 --> 01:02:53.568
but I never got a response on this,

1022
01:02:53.568 --> 01:02:55.210
I didn't get the question to you, that is,

1023
01:02:55.210 --> 01:02:57.299
if one student goes to take one semester

1024
01:02:57.299 --> 01:02:59.400
and get a credit for one semester

1025
01:02:59.400 --> 01:03:04.180
of African American Studies if they can take both semesters?

1026
01:03:05.930 --> 01:03:10.050
<v ->So Miss hardy is a general rule a student,</v>

1027
01:03:10.050 --> 01:03:15.050
if a student completes half of a course,

1028
01:03:15.240 --> 01:03:19.540
then with School District Board approval,

1029
01:03:19.540 --> 01:03:21.840
the District could award proportional credit.

1030
01:03:28.351 --> 01:03:30.673
<v ->On this and on the American Studies class,</v>

1031
01:03:34.047 --> 01:03:39.047
is there any way that we can from the State point of view

1032
01:03:40.032 --> 01:03:45.032
of what, I have credit, is it still full credits?

1033
01:03:45.580 --> 01:03:47.340
<v ->So just to make sure everyone's clear,</v>

1034
01:03:47.340 --> 01:03:49.870
Miss Hardy's asking if the Board can award half credits

1035
01:03:49.870 --> 01:03:51.320
instead of full credits.

1036
01:03:51.320 --> 01:03:54.930
Remember, you've gotta determine the amount of credit

1037
01:03:54.930 --> 01:03:57.312
that's warranted, based on the content,

1038
01:03:57.312 --> 01:04:00.040
if you are saying that you believe

1039
01:04:00.040 --> 01:04:03.740
that this is only, the completion of all of this content

1040
01:04:03.740 --> 01:04:05.150
is only worth a half a credit,

1041
01:04:05.150 --> 01:04:07.210
then you would change the type of credit.

1042
01:04:07.210 --> 01:04:10.750
You can't, the only way to do it would be to create

1043
01:04:10.750 --> 01:04:12.240
two half credit courses.

1044
01:04:12.240 --> 01:04:14.918
So there would be two separate courses.

1045
01:04:14.918 --> 01:04:18.135
I don't think that you can do that right now.

1046
01:04:18.135 --> 01:04:20.140
But you would have to separate them out

1047
01:04:20.140 --> 01:04:22.110
into two distinct courses

1048
01:04:22.110 --> 01:04:24.220
and make each one a half a credit.

1049
01:04:24.220 --> 01:04:26.500
<v ->What you're saying is a local District.</v>

1050
01:04:28.581 --> 01:04:30.316
If you'd rather take,

1051
01:04:30.316 --> 01:04:31.259
and you are (mumbles)

1052
01:04:31.259 --> 01:04:33.120
and you're scheduled to take one semester,

1053
01:04:33.120 --> 01:04:37.307
you can take one semester to get half the credit for it.

1054
01:04:38.740 --> 01:04:42.840
<v ->For any course, you have an administrative rule that says</v>

1055
01:04:42.840 --> 01:04:45.060
that a District has the authority to award

1056
01:04:45.060 --> 01:04:46.680
proportional credit if a student

1057
01:04:46.680 --> 01:04:51.680
only completes half of a course, that's true for any course.

1058
01:04:51.827 --> 01:04:55.603
But it would be a local District decision.

1059
01:04:55.603 --> 01:04:58.150
<v Miss Hardy>Okay, so (mumbles) thank you.</v>

1060
01:04:59.527 --> 01:05:02.360
<v ->Dr. Robinson then Miss Perez Diaz.</v>

1061
01:05:04.230 --> 01:05:05.396
<v ->I just wanted to briefly say</v>

1062
01:05:05.396 --> 01:05:09.510
that I'm very proud to be a part of this vote today.

1063
01:05:09.510 --> 01:05:12.690
I think that for African American kids,

1064
01:05:12.690 --> 01:05:14.360
growing up in poverty,

1065
01:05:14.360 --> 01:05:17.040
they would be easy not to feel

1066
01:05:17.040 --> 01:05:18.490
like they're part of the system

1067
01:05:18.490 --> 01:05:19.880
or gonna be a part of the system.

1068
01:05:19.880 --> 01:05:24.370
But I mean, I don't know if you can overstate this or not,

1069
01:05:24.370 --> 01:05:27.272
but I think that this could really change lives

1070
01:05:27.272 --> 01:05:30.872
and make it to where they not only stay in school,

1071
01:05:30.872 --> 01:05:35.872
but just look forward to having a life that's different

1072
01:05:37.890 --> 01:05:39.890
from maybe the part that they grew up in,

1073
01:05:39.890 --> 01:05:43.854
and just to be inspired to further their education.

1074
01:05:43.854 --> 01:05:46.550
So I just think this is a great thing that we're doing.

1075
01:05:46.550 --> 01:05:47.700
That's all I wanna say.

1076
01:05:48.630 --> 01:05:50.484
<v Dr. Ellis>Thank you, Miss Perez Diaz.</v>

1077
01:05:50.484 --> 01:05:52.040
<v ->Thank you Chairman,</v>

1078
01:05:53.379 --> 01:05:55.820
so I wanna say that I am really excited

1079
01:05:55.820 --> 01:05:56.980
about being a part of this,

1080
01:05:56.980 --> 01:06:00.010
I don't think that it's of benefit just to look up

1081
01:06:00.010 --> 01:06:01.730
one particular population of student,

1082
01:06:01.730 --> 01:06:03.640
I think that learning about this history

1083
01:06:03.640 --> 01:06:07.170
is beneficial for everybody, including the educators

1084
01:06:07.170 --> 01:06:08.790
that are gonna learn through this process

1085
01:06:08.790 --> 01:06:10.380
more about a history that's never been taught.

1086
01:06:10.380 --> 01:06:12.680
So I think that it's really exciting.

1087
01:06:12.680 --> 01:06:14.590
I also wanted to add that I think

1088
01:06:14.590 --> 01:06:15.940
that there was a lot of work

1089
01:06:15.940 --> 01:06:18.480
that went into creating this course to make sure

1090
01:06:18.480 --> 01:06:20.840
that it has some bulk and some teeth.

1091
01:06:20.840 --> 01:06:24.640
And so the expectation, at least from my perspective,

1092
01:06:24.640 --> 01:06:26.620
is this needs to be a full credit course.

1093
01:06:26.620 --> 01:06:28.960
And so the Districts that are committed

1094
01:06:28.960 --> 01:06:31.890
to implementing this course

1095
01:06:31.890 --> 01:06:34.670
that they're committed to a full credit course, right?

1096
01:06:34.670 --> 01:06:37.180
Not cutting down everything that all of our advocates

1097
01:06:37.180 --> 01:06:38.410
across the state just worked for,

1098
01:06:38.410 --> 01:06:40.582
to create a full credit course.

1099
01:06:40.582 --> 01:06:45.582
And so, I definitely wanna remind just this Board

1100
01:06:45.670 --> 01:06:46.850
and the viewers that there were

1101
01:06:46.850 --> 01:06:49.130
a lot of really passionate people across the State,

1102
01:06:49.130 --> 01:06:51.730
including some Board members on this Board

1103
01:06:51.730 --> 01:06:54.140
that worked really, really hard to make sure

1104
01:06:54.140 --> 01:06:56.280
that we're listening to our community,

1105
01:06:56.280 --> 01:06:57.850
that our students are gonna get something

1106
01:06:57.850 --> 01:06:59.170
that's really fruitful

1107
01:06:59.170 --> 01:07:01.890
and way past the superficial

1108
01:07:01.890 --> 01:07:05.760
that we're used to in our history books.

1109
01:07:05.760 --> 01:07:07.860
And so I'm just very excited to be a part of this.

1110
01:07:07.860 --> 01:07:09.520
And so thank you all for your support

1111
01:07:09.520 --> 01:07:12.013
and I'm looking forward to seeing

1112
01:07:12.013 --> 01:07:15.640
this full credit course implemented across the state.

1113
01:07:16.920 --> 01:07:18.850
<v ->Mr. Mercer and then Mr. Cortez.</v>

1114
01:07:20.430 --> 01:07:21.710
<v ->Mr. Chairman and members first,</v>

1115
01:07:21.710 --> 01:07:23.870
I wanna publicly thank Marisa for her hard work

1116
01:07:23.870 --> 01:07:25.460
and leadership and the collaboration

1117
01:07:25.460 --> 01:07:27.040
with so many leaders throughout our State

1118
01:07:27.040 --> 01:07:28.560
and country on this.

1119
01:07:28.560 --> 01:07:30.490
And let me just secondly most important say,

1120
01:07:30.490 --> 01:07:32.177
we all became part of this Board,

1121
01:07:32.177 --> 01:07:34.550
this perspectives for one reason,

1122
01:07:34.550 --> 01:07:35.650
we wanna make a difference,

1123
01:07:35.650 --> 01:07:36.740
now always believe in life,

1124
01:07:36.740 --> 01:07:38.380
if you're called to make a difference

1125
01:07:38.380 --> 01:07:41.910
and the 17th of April where we're making a difference.

1126
01:07:41.910 --> 01:07:45.200
The State Board is making a difference, thank you.

1127
01:07:45.200 --> 01:07:46.800
<v Dr. Ellis>Thank you, Cortez.</v>

1128
01:07:52.040 --> 01:07:53.110
<v ->Y'all hear me?</v>

1129
01:07:53.110 --> 01:07:53.943
<v ->Yes sir.</v>

1130
01:07:55.590 --> 01:07:59.870
<v ->Okay, this mute area, unmute, sorry.</v>

1131
01:07:59.870 --> 01:08:02.030
Yeah, this is an exciting day.

1132
01:08:02.030 --> 01:08:03.110
And I want to just echo

1133
01:08:03.110 --> 01:08:04.410
some of the statements that were made.

1134
01:08:04.410 --> 01:08:08.569
I do agree, I do believe this should be a one credit course,

1135
01:08:08.569 --> 01:08:10.130
not a half credit course.

1136
01:08:11.777 --> 01:08:15.120
And just to follow up on what Member Mercer said is,

1137
01:08:15.120 --> 01:08:19.440
this is, April 17th is gonna to be a historic day.

1138
01:08:19.440 --> 01:08:24.440
Member, Davis, I wanna thank you for all the hard work

1139
01:08:25.999 --> 01:08:27.890
and effort that you put together

1140
01:08:27.890 --> 01:08:31.300
with this coalition getting this as as far as you did

1141
01:08:32.948 --> 01:08:35.160
on African American Studies.

1142
01:08:35.160 --> 01:08:37.440
I mean, we've, we as a Board,

1143
01:08:37.440 --> 01:08:39.240
we've all come a long way

1144
01:08:39.240 --> 01:08:42.610
from getting Mexican-American Studies approved

1145
01:08:42.610 --> 01:08:45.446
and that took us over five years to get done,

1146
01:08:45.446 --> 01:08:48.900
to see where this Board is today.

1147
01:08:48.900 --> 01:08:52.040
And having fast tracked this course.

1148
01:08:52.040 --> 01:08:53.740
I'm very proud of each and every one of you

1149
01:08:53.740 --> 01:08:57.660
for being very open minded about some of these

1150
01:08:59.350 --> 01:09:02.757
ethnic studies courses that we're looking into

1151
01:09:02.757 --> 01:09:05.380
and I did hear earlier

1152
01:09:05.380 --> 01:09:09.000
and one of the testifiers, or one of the statements

1153
01:09:09.000 --> 01:09:11.280
that were made either today or yesterday

1154
01:09:11.280 --> 01:09:16.280
that there was works of a Native-American studies course,

1155
01:09:16.342 --> 01:09:19.169
the fact that we get to hear this

1156
01:09:19.169 --> 01:09:22.730
and there's not a lot of pushback from this Board.

1157
01:09:24.550 --> 01:09:28.690
Those of you that came on when I came on,

1158
01:09:30.109 --> 01:09:34.520
I think Member Rowley you were one of them, you remember

1159
01:09:35.600 --> 01:09:39.910
and a lot of people said it before we came on the Board was

1160
01:09:39.910 --> 01:09:42.250
completely dysfunctional,
(chuckles)

1161
01:09:42.250 --> 01:09:47.250
we read about it in Statewide publications all the time.

1162
01:09:47.647 --> 01:09:51.110
And I'm proud to say that while we may not be perfect

1163
01:09:51.110 --> 01:09:54.860
and while we still have our disagreements at times,

1164
01:09:55.910 --> 01:09:59.640
we as a Board from that post-2010 Board

1165
01:09:59.640 --> 01:10:01.830
have come a long way.

1166
01:10:03.300 --> 01:10:07.770
And so those of you that are gonna be cycling off this year,

1167
01:10:07.770 --> 01:10:09.530
I want you to know that I'm very proud

1168
01:10:09.530 --> 01:10:10.363
to have worked with each

1169
01:10:10.363 --> 01:10:12.510
and every one of you to get this done.

1170
01:10:12.510 --> 01:10:14.210
And I just wanna thank all of you.

1171
01:10:15.460 --> 01:10:17.670
<v Dr. Ellis>Miss Harvdy and then, Mr. Allen.</v>

1172
01:10:19.330 --> 01:10:21.430
<v ->I need to make something very clear</v>

1173
01:10:21.430 --> 01:10:26.400
that my comrades on the Board don't understand.

1174
01:10:26.400 --> 01:10:28.190
There's a very limited amount of time

1175
01:10:28.190 --> 01:10:30.028
that some kids can take courses.

1176
01:10:30.028 --> 01:10:34.320
And if I can get one half a credit for this course,

1177
01:10:34.320 --> 01:10:37.580
and that's all they can work yet, (mumbles)

1178
01:10:37.580 --> 01:10:38.960
They maybe be able to work in it yet,

1179
01:10:38.960 --> 01:10:40.140
just as a happenstance,

1180
01:10:41.002 --> 01:10:42.020
oh, I have an opening in my schedule.

1181
01:10:43.423 --> 01:10:44.930
So I can take the course,

1182
01:10:44.930 --> 01:10:48.154
that is not demeaning the course in any way whatsoever.

1183
01:10:48.154 --> 01:10:50.050
It is a one semester course.

1184
01:10:50.050 --> 01:10:52.410
But it will very much limit the number of students

1185
01:10:52.410 --> 01:10:53.900
who can take the course,

1186
01:10:53.900 --> 01:10:55.940
because it is a one semester course.

1187
01:10:55.940 --> 01:10:58.790
Believe me, I've been in the game for a long time.

1188
01:10:58.790 --> 01:11:00.849
And I know how it works,

1189
01:11:00.849 --> 01:11:02.521
(mumbles)

1190
01:11:02.521 --> 01:11:06.770
So that was the point of making it able to get credit

1191
01:11:06.770 --> 01:11:08.690
if you took one semester, otherwise,

1192
01:11:08.690 --> 01:11:11.841
you say, "Sorry, you can't take it (mumbles)

1193
01:11:11.841 --> 01:11:13.960
"then you don't get credit at all for the same course."

1194
01:11:13.960 --> 01:11:17.510
So that's a simple explanation of why I wanted to make sure

1195
01:11:17.510 --> 01:11:21.631
there was some avenue for them to get a one-semester credit.

1196
01:11:21.631 --> 01:11:23.650
One-half of the credit for the course.

1197
01:11:23.650 --> 01:11:26.438
And that's all important to the students.

1198
01:11:26.438 --> 01:11:27.510
Thank you.

1199
01:11:27.510 --> 01:11:28.940
<v Dr. Ellis>Thank you for that clarification, Miss Hardy,</v>

1200
01:11:28.940 --> 01:11:30.400
Mr. Allen.

1201
01:11:30.400 --> 01:11:33.570
<v ->I also wanted to thank everybody on the Board</v>

1202
01:11:33.570 --> 01:11:38.570
for your diligence and working to bring this to a reality.

1203
01:11:38.930 --> 01:11:41.640
And, in fact, this conversation is probably been going on

1204
01:11:41.640 --> 01:11:46.370
for about 15 years in order to get to this day,

1205
01:11:46.370 --> 01:11:47.790
and it's truly appreciated.

1206
01:11:47.790 --> 01:11:50.590
The one thing I want us to continue to do

1207
01:11:50.590 --> 01:11:52.550
is when we finish today,

1208
01:11:52.550 --> 01:11:54.520
we have to go back into our local Districts

1209
01:11:54.520 --> 01:11:57.050
to make sure the students are taking advantage of the work

1210
01:11:57.050 --> 01:11:59.860
that has been done by the Board,

1211
01:11:59.860 --> 01:12:01.510
and to encourage all of our Districts

1212
01:12:01.510 --> 01:12:04.010
to make sure the course offerings are out there.

1213
01:12:04.010 --> 01:12:06.329
So students can take advantage of this great work.

1214
01:12:06.329 --> 01:12:10.580
That is the number one concern of the individuals in Houston

1215
01:12:10.580 --> 01:12:12.980
is that we must go before Boards,

1216
01:12:12.980 --> 01:12:14.650
inform them of this opportunity

1217
01:12:14.650 --> 01:12:16.240
and all the research that's out there

1218
01:12:16.240 --> 01:12:18.930
about the benefits of taking ethnic studies

1219
01:12:18.930 --> 01:12:21.040
and to make sure that our students are engaged,

1220
01:12:21.040 --> 01:12:24.340
not from a perspective of this being for African-Americans,

1221
01:12:24.340 --> 01:12:27.380
or Mexican-American studies, being for Hispanic students,

1222
01:12:27.380 --> 01:12:29.810
but all students have an opportunity to grow

1223
01:12:29.810 --> 01:12:32.770
and to engage in this literature

1224
01:12:32.770 --> 01:12:37.010
and this work that will benefit all of our Texans.

1225
01:12:37.010 --> 01:12:38.990
And so I think this is our time

1226
01:12:38.990 --> 01:12:42.010
to hit the pavement, put on our boots

1227
01:12:42.010 --> 01:12:44.680
and go before and communicate with our other trustees

1228
01:12:44.680 --> 01:12:46.020
in the District to let them know

1229
01:12:46.020 --> 01:12:47.900
of this great opportunity of the students,

1230
01:12:47.900 --> 01:12:50.040
that the students in the State of Texas have.

1231
01:12:50.040 --> 01:12:51.620
I certainly want to thank Ken

1232
01:12:51.620 --> 01:12:54.410
and Donna for their leadership

1233
01:12:54.410 --> 01:12:58.020
and Barbara over the last six years on this Board

1234
01:12:58.020 --> 01:13:00.710
because as we talked about that curve of growth

1235
01:13:00.710 --> 01:13:02.880
and connectivity and togetherness,

1236
01:13:02.880 --> 01:13:05.390
it does not happen without good leadership.

1237
01:13:05.390 --> 01:13:08.768
So I just wanted to thank you for putting children first,

1238
01:13:08.768 --> 01:13:11.400
and making sure all of our children have what they need

1239
01:13:11.400 --> 01:13:13.470
to be productive citizens in the years to come.

1240
01:13:13.470 --> 01:13:15.480
So, thank you very much.

1241
01:13:15.480 --> 01:13:16.720
<v ->Thank you, Mr. Allen.</v>

1242
01:13:16.720 --> 01:13:18.270
I'm calling Miss Bahorich next.

1243
01:13:24.350 --> 01:13:25.847
Microphone.

1244
01:13:25.847 --> 01:13:29.150
<v ->Yeah, I wanna to thank Miss Davis</v>

1245
01:13:29.150 --> 01:13:33.570
and her cohort in Dallas, you really got this ball rolling,

1246
01:13:33.570 --> 01:13:37.180
they worked really hard on getting us a high quality course.

1247
01:13:37.180 --> 01:13:39.500
Just as the folks in Houston worked really hard

1248
01:13:39.500 --> 01:13:40.770
to give us a high quality course

1249
01:13:40.770 --> 01:13:42.843
in Mexican-American Studies.

1250
01:13:42.843 --> 01:13:46.030
I really like the bottom up approach

1251
01:13:46.030 --> 01:13:51.030
that we've adopted in taking on these ethnic study courses.

1252
01:13:51.980 --> 01:13:54.890
I think it's a great way to do it

1253
01:13:54.890 --> 01:13:56.440
because you've got local folks

1254
01:13:56.440 --> 01:13:58.870
who are engaging in a local way

1255
01:14:00.310 --> 01:14:05.020
around an important topic where they were pulling in experts

1256
01:14:05.020 --> 01:14:07.050
from all over the State, both locally

1257
01:14:07.050 --> 01:14:08.320
and all over the State,

1258
01:14:08.320 --> 01:14:11.890
themselves creating this quality of course

1259
01:14:11.890 --> 01:14:16.580
and then going through the process at the Board after,

1260
01:14:16.580 --> 01:14:18.990
they've done that bottom up work

1261
01:14:18.990 --> 01:14:21.644
and I think it's richer because of that.

1262
01:14:21.644 --> 01:14:26.300
And I, we just want to thank the groups both in Houston

1263
01:14:26.300 --> 01:14:29.000
and Dallas for helping us get this far.

1264
01:14:29.000 --> 01:14:30.810
And I'm in agreement with Miss Hardy

1265
01:14:30.810 --> 01:14:31.950
about this half credit thing,

1266
01:14:31.950 --> 01:14:35.360
I certainly hope that if a student can fit in,

1267
01:14:35.360 --> 01:14:40.360
even a semester opportunity to do a deep dive here.

1268
01:14:42.427 --> 01:14:44.100
I wouldn't wanna discourage that,

1269
01:14:44.100 --> 01:14:48.000
just because they may not have a full year to give

1270
01:14:48.000 --> 01:14:50.820
because I think just a deep dive even for a semester

1271
01:14:50.820 --> 01:14:54.430
is gonna be pretty impactful a thing for students.

1272
01:14:54.430 --> 01:14:56.800
So and we've got so many students that move

1273
01:14:58.325 --> 01:14:59.900
and so you definitely don't want to miss out,

1274
01:14:59.900 --> 01:15:02.337
a full credit would be the ideal,

1275
01:15:02.337 --> 01:15:07.260
but I'd really like more exposure for all students

1276
01:15:07.260 --> 01:15:08.510
to have that opportunity.

1277
01:15:09.440 --> 01:15:10.273
<v ->Miss Cargill.</v>

1278
01:15:13.570 --> 01:15:15.800
<v ->Yeah, I'd like to piggyback</v>

1279
01:15:15.800 --> 01:15:17.650
a little bit on Member Bahorich.

1280
01:15:17.650 --> 01:15:22.370
And I just, I wanna thank the teachers who came together

1281
01:15:22.370 --> 01:15:25.060
and did this because one of the reasons

1282
01:15:25.060 --> 01:15:27.340
that Mexican-American Studies took so long

1283
01:15:27.340 --> 01:15:30.980
is it was put kind of on that wish list, remember,

1284
01:15:30.980 --> 01:15:34.818
and we wanted the agency to create the course

1285
01:15:34.818 --> 01:15:38.621
and so, but then the legislature wanted us to do calculus

1286
01:15:38.621 --> 01:15:41.567
and some other math courses and etc.

1287
01:15:41.567 --> 01:15:45.850
And so that was also part of the delay.

1288
01:15:45.850 --> 01:15:48.310
So I wanted to remind the Board of that.

1289
01:15:48.310 --> 01:15:50.670
And so then when teachers came together

1290
01:15:50.670 --> 01:15:53.280
and created the Innovative Course,

1291
01:15:53.280 --> 01:15:55.090
then that was a whole different ballgame.

1292
01:15:55.090 --> 01:15:58.020
And that gave us the platform to be able

1293
01:15:58.020 --> 01:15:59.920
to adopt TEKS for it.

1294
01:15:59.920 --> 01:16:03.324
And so I just wanna encourage teachers who are

1295
01:16:03.324 --> 01:16:05.400
and other educators who are thinking

1296
01:16:05.400 --> 01:16:07.510
of creating Innovative Course,

1297
01:16:07.510 --> 01:16:09.940
that's such a great pathway to get it

1298
01:16:09.940 --> 01:16:12.740
to become a Statewide TEKS-based course.

1299
01:16:12.740 --> 01:16:15.320
So, just wanted to touch a little bit on that

1300
01:16:15.320 --> 01:16:17.270
and say congratulations to all.

1301
01:16:17.270 --> 01:16:19.490
So thank you all.

1302
01:16:19.490 --> 01:16:21.270
<v Dr. Ellis>Thank you, Mr. Rowley.</v>

1303
01:16:24.950 --> 01:16:25.790
<v ->Thank you, Mr. Chairman.</v>

1304
01:16:25.790 --> 01:16:30.184
I want to add my voice of appreciation

1305
01:16:30.184 --> 01:16:35.184
and really congratulations to the Board as a whole

1306
01:16:36.550 --> 01:16:40.120
but particularly Member Davis, Member Perez,

1307
01:16:40.120 --> 01:16:43.730
and others that have worked on this course.

1308
01:16:45.320 --> 01:16:50.200
As I'm entering the twilight of my SBOE career,

1309
01:16:51.610 --> 01:16:54.050
one thing that I've observed

1310
01:16:54.050 --> 01:16:57.120
and that has always impressed me is that,

1311
01:16:57.120 --> 01:17:02.110
not any one member can attain a complete knowledge

1312
01:17:02.110 --> 01:17:03.960
and understanding of everything

1313
01:17:03.960 --> 01:17:06.800
that comes before this Board.

1314
01:17:06.800 --> 01:17:09.740
And what happens is each of us

1315
01:17:09.740 --> 01:17:11.950
kind of step into our strengths

1316
01:17:11.950 --> 01:17:15.650
and step into those areas of expertise perhaps

1317
01:17:15.650 --> 01:17:19.880
and understanding that we that we have attained.

1318
01:17:19.880 --> 01:17:23.332
And, then we all come together as a Board

1319
01:17:23.332 --> 01:17:25.163
and come up with a great product.

1320
01:17:25.163 --> 01:17:29.412
And I think that's, this is a perfect example

1321
01:17:29.412 --> 01:17:30.880
of that being done,

1322
01:17:30.880 --> 01:17:33.922
I think this is a very, very solid course.

1323
01:17:33.922 --> 01:17:37.000
This isn't just some kind of survey course

1324
01:17:37.000 --> 01:17:40.940
that a student can take as an elective.

1325
01:17:40.940 --> 01:17:43.977
It is a very substantive, strong,

1326
01:17:43.977 --> 01:17:46.921
a lot of strong student expectations

1327
01:17:46.921 --> 01:17:49.170
and it's a very good course.

1328
01:17:49.170 --> 01:17:51.720
And even, but even beyond that,

1329
01:17:51.720 --> 01:17:54.290
it's a shining example in my opinion,

1330
01:17:54.290 --> 01:17:58.410
of how this Board has evolved, if you will,

1331
01:17:58.410 --> 01:18:02.850
and to the point where we can each of us lend our strengths.

1332
01:18:02.850 --> 01:18:05.580
And each of us lend our understanding

1333
01:18:05.580 --> 01:18:10.010
and our perspectives to achieve a good final product.

1334
01:18:10.010 --> 01:18:12.502
And so congratulations to everyone.

1335
01:18:12.502 --> 01:18:16.000
But that getting a little sentimental

1336
01:18:16.000 --> 01:18:18.940
as I'm moving to the last few meetings,

1337
01:18:18.940 --> 01:18:22.480
but I just wanna say that I appreciate very much the work

1338
01:18:22.480 --> 01:18:23.741
that all of you have done,

1339
01:18:23.741 --> 01:18:27.110
and the harmonious atmosphere really

1340
01:18:27.110 --> 01:18:30.850
that we have began to experience as a Board.

1341
01:18:31.766 --> 01:18:33.383
So thank you for that.

1342
01:18:33.383 --> 01:18:35.730
<v ->Thank you Mr. Rowley, Miss Melton-Malone.</v>

1343
01:18:35.730 --> 01:18:36.782
<v ->Well, I just wanted to add my thanks</v>

1344
01:18:36.782 --> 01:18:39.540
to everybody who worked on this course

1345
01:18:39.540 --> 01:18:41.650
and all the contributions that everybody made.

1346
01:18:41.650 --> 01:18:42.900
I'm proud of this course

1347
01:18:42.900 --> 01:18:44.310
and the Mexican-American course

1348
01:18:44.310 --> 01:18:46.626
that we're offering for our students.

1349
01:18:46.626 --> 01:18:50.567
And I am so proud of this Board in the way we work together.

1350
01:18:50.567 --> 01:18:53.120
Everybody has their talent

1351
01:18:53.120 --> 01:18:55.530
and their ability that they can contribute

1352
01:18:55.530 --> 01:18:57.290
and we all have come together

1353
01:18:57.290 --> 01:19:00.290
and we all have the students best interest in mind.

1354
01:19:00.290 --> 01:19:02.680
And I just wanna say how proud I am

1355
01:19:02.680 --> 01:19:04.590
to be able to work with this Board,

1356
01:19:04.590 --> 01:19:07.210
and to come up with things that are gonna make our students,

1357
01:19:07.210 --> 01:19:08.960
better students all the way around.

1358
01:19:09.970 --> 01:19:12.170
<v ->Thank you Miss Melton-Malone, Mr. Maynard.</v>

1359
01:19:19.745 --> 01:19:20.790
Microphone.

1360
01:19:25.650 --> 01:19:28.510
<v ->There we go, I would just echo a lot of the things</v>

1361
01:19:28.510 --> 01:19:29.420
that have already been said.

1362
01:19:29.420 --> 01:19:31.317
And maybe I would say that it makes me sound

1363
01:19:31.317 --> 01:19:32.580
like a broken record.

1364
01:19:32.580 --> 01:19:34.120
But some people watching this,

1365
01:19:34.120 --> 01:19:37.650
wouldn't even know what that is, a broken record.

1366
01:19:37.650 --> 01:19:40.290
So we've got a lot of young people

1367
01:19:40.290 --> 01:19:43.604
that have never used vinyl to listen to something

1368
01:19:43.604 --> 01:19:47.260
but I think first of all,

1369
01:19:47.260 --> 01:19:51.850
and Miss Davis, I know that as a new member,

1370
01:19:51.850 --> 01:19:54.200
as a freshman member on the Board is that,

1371
01:19:54.200 --> 01:19:56.920
there's always that expectation that as an freshmen member

1372
01:19:56.920 --> 01:19:58.020
that you can't really do much,

1373
01:19:58.020 --> 01:20:00.647
you just have to kind of sit in the corner

1374
01:20:00.647 --> 01:20:02.060
and kind of learn and and watch

1375
01:20:02.060 --> 01:20:04.140
and observe and be a bit of a spectator

1376
01:20:04.140 --> 01:20:06.190
but you certainly have not done that

1377
01:20:06.190 --> 01:20:09.621
and I appreciate that and that you've stepped forward

1378
01:20:09.621 --> 01:20:13.750
and in the very early part of your tenure on the Board

1379
01:20:13.750 --> 01:20:16.250
that you've really taken a leadership role

1380
01:20:16.250 --> 01:20:21.250
and done something that is a real legacy project,

1381
01:20:23.020 --> 01:20:24.700
and those kinds of projects

1382
01:20:24.700 --> 01:20:27.460
that really echo into eternity

1383
01:20:27.460 --> 01:20:30.486
and you just never know, when you plant those seeds.

1384
01:20:30.486 --> 01:20:35.240
It kind of goes back to the idea of planting trees

1385
01:20:35.240 --> 01:20:37.886
under whose shade that we will never sit,

1386
01:20:37.886 --> 01:20:40.910
we just don't really ever know,

1387
01:20:42.400 --> 01:20:45.870
the impact that you might make on a young person's life.

1388
01:20:45.870 --> 01:20:48.480
And so, Miss Davis, thank you for that.

1389
01:20:48.480 --> 01:20:49.780
Thank you everybody.

1390
01:20:50.646 --> 01:20:53.610
I think people kind of get tired of,

1391
01:20:53.610 --> 01:20:58.610
sometimes I'll dredge up historical references,

1392
01:20:58.635 --> 01:21:00.650
but history is important,

1393
01:21:00.650 --> 01:21:03.260
because it really tells us a lot.

1394
01:21:03.260 --> 01:21:04.620
It gives us a lot of context

1395
01:21:04.620 --> 01:21:07.530
and it really tells us a lot about the present.

1396
01:21:09.771 --> 01:21:11.940
And it tells us a little bit about,

1397
01:21:11.940 --> 01:21:15.320
how to move forward on certain things.

1398
01:21:15.320 --> 01:21:18.670
And so, what the Board has done is,

1399
01:21:18.670 --> 01:21:20.850
it's given students the opportunity

1400
01:21:21.760 --> 01:21:24.910
to take some really deep dives into

1401
01:21:24.910 --> 01:21:27.130
some very specific things.

1402
01:21:27.130 --> 01:21:29.160
I think one of our challenges in social studies

1403
01:21:29.160 --> 01:21:34.160
and is that, some of our courses are so broad

1404
01:21:34.490 --> 01:21:36.890
and they cover so much ground

1405
01:21:36.890 --> 01:21:40.070
and so much material, it's very, very difficult to,

1406
01:21:41.010 --> 01:21:46.010
for students to really take the time to dig into some things

1407
01:21:46.380 --> 01:21:47.830
that are very, very specific.

1408
01:21:52.323 --> 01:21:53.156
And it's hard to take those really deep dives

1409
01:21:56.100 --> 01:21:58.760
and very reflective kinds of things.

1410
01:21:58.760 --> 01:22:03.300
And these courses that we've adopted,

1411
01:22:03.300 --> 01:22:05.380
provide that opportunity to do that

1412
01:22:05.380 --> 01:22:07.320
because a lot of the history that we're talking about

1413
01:22:07.320 --> 01:22:11.430
is not necessarily in our broad survey type of courses,

1414
01:22:11.430 --> 01:22:15.640
because there's just no time instructionally to do that,

1415
01:22:15.640 --> 01:22:17.630
it's just hard to do that.

1416
01:22:17.630 --> 01:22:20.320
And so I think it's a great thing

1417
01:22:20.320 --> 01:22:22.860
and I would hope that perhaps that moving forward

1418
01:22:22.860 --> 01:22:25.350
that there would be some other courses

1419
01:22:25.350 --> 01:22:27.900
not just necessary, not necessarily in ethnic studies,

1420
01:22:27.900 --> 01:22:30.390
but in a lot of different areas.

1421
01:22:30.390 --> 01:22:35.390
But I will tell you that I think this is a real real asset.

1422
01:22:36.743 --> 01:22:41.743
And that really puts the state of Texas on the forefront

1423
01:22:41.770 --> 01:22:42.940
in a lot of different ways.

1424
01:22:42.940 --> 01:22:45.360
And so, thank you to everybody.

1425
01:22:46.670 --> 01:22:51.190
And I would, I really appreciate the work of Dallas ISD.

1426
01:22:51.190 --> 01:22:56.190
And I think it really underscores the remarkable talent

1427
01:22:56.220 --> 01:22:59.620
that we have out there with our teachers.

1428
01:23:00.810 --> 01:23:03.010
We have a lot of really smart, clever,

1429
01:23:03.010 --> 01:23:04.440
talented teachers out there

1430
01:23:04.440 --> 01:23:06.940
that can really deliver the goods.

1431
01:23:06.940 --> 01:23:09.140
I mean, really get things done.

1432
01:23:09.140 --> 01:23:12.310
And so, this is a real challenge to everybody out there.

1433
01:23:12.310 --> 01:23:14.120
What do you, if you got another course,

1434
01:23:14.120 --> 01:23:15.890
well, let's talk about that one.

1435
01:23:15.890 --> 01:23:20.350
And so, anyway, I guess that's all I've got to say

1436
01:23:20.350 --> 01:23:23.554
about that, to quote, great force.

1437
01:23:23.554 --> 01:23:28.554
And thank you and look forward to taking a vote.

1438
01:23:30.860 --> 01:23:31.693
<v ->Miss Little.</v>

1439
01:23:34.200 --> 01:23:35.610
<v ->Thank you, Mr. Chairman.</v>

1440
01:23:35.610 --> 01:23:38.830
I echo all the things that my colleagues have said it

1441
01:23:38.830 --> 01:23:41.091
but one thing I wanted to remind them of,

1442
01:23:41.091 --> 01:23:43.610
of how impressive it was that day

1443
01:23:43.610 --> 01:23:46.982
that we had that busload of students that came to testify,

1444
01:23:46.982 --> 01:23:50.760
and how important that must have been for those students.

1445
01:23:50.760 --> 01:23:53.330
That was absolutely a historic day for them,

1446
01:23:53.330 --> 01:23:56.480
and felt like they were making a difference,

1447
01:23:56.480 --> 01:23:58.112
which in fact, they have.

1448
01:23:58.112 --> 01:24:01.770
And even though I haven't been on the Board, longer,

1449
01:24:01.770 --> 01:24:04.160
as long as many of you have to work on this.

1450
01:24:04.160 --> 01:24:08.240
I'm extremely honored to be able to vote for it.

1451
01:24:08.240 --> 01:24:10.690
<v Dr. Ellis>Thank you, we call Miss Perez next.</v>

1452
01:24:14.530 --> 01:24:17.730
<v ->So this is specifically to my very good friend</v>

1453
01:24:17.730 --> 01:24:22.180
and colleague, Aisha, I remember in 2016

1454
01:24:22.180 --> 01:24:24.470
when we were in DC together,

1455
01:24:24.470 --> 01:24:26.790
and we toured the Smithsonian

1456
01:24:26.790 --> 01:24:31.110
and we walked through that museum for I think an entire day

1457
01:24:31.110 --> 01:24:34.390
until we walked across the mall in the rain.

1458
01:24:34.390 --> 01:24:37.057
And we went back to the hotel and started writing this

1459
01:24:37.057 --> 01:24:42.057
and back then, you displayed such courage

1460
01:24:43.089 --> 01:24:46.217
and the willpower to make sure

1461
01:24:46.217 --> 01:24:50.080
that this course came to fruition.

1462
01:24:50.080 --> 01:24:52.170
So congratulations to you.

1463
01:24:54.350 --> 01:24:55.550
<v ->Absolutely, well said,</v>

1464
01:24:56.642 --> 01:24:59.470
and I'm gonna give Miss Davis the last word

1465
01:24:59.470 --> 01:25:00.550
before we take the vote.

1466
01:25:00.550 --> 01:25:05.139
But I do wanna say also that just how proud I am of this.

1467
01:25:05.139 --> 01:25:08.820
I think students are,

1468
01:25:08.820 --> 01:25:10.630
they look for themselves in what they study

1469
01:25:10.630 --> 01:25:12.320
and to Miss Pere-Diaz's point,

1470
01:25:12.320 --> 01:25:13.880
it's not just Africa-American students,

1471
01:25:13.880 --> 01:25:15.670
who will taking this course.

1472
01:25:15.670 --> 01:25:17.160
It's all kind of, it's all,

1473
01:25:17.160 --> 01:25:18.860
all students should be taken this.

1474
01:25:19.898 --> 01:25:20.970
But now that we have a Mexican-American studies course

1475
01:25:20.970 --> 01:25:22.620
and an African-American studies course

1476
01:25:22.620 --> 01:25:25.770
and maybe some other ethnic studies courses of the futures,

1477
01:25:25.770 --> 01:25:28.010
when our students see themselves in what they're learning,

1478
01:25:28.010 --> 01:25:29.000
you have an engaged student,

1479
01:25:29.000 --> 01:25:30.250
when you have that engaged student,

1480
01:25:30.250 --> 01:25:33.241
I think that's when you see some real student success.

1481
01:25:33.241 --> 01:25:34.980
So I'm so proud of what we've done.

1482
01:25:34.980 --> 01:25:37.530
And I'm gonna call on Miss Davis for the last word.

1483
01:25:38.420 --> 01:25:40.360
<v ->Thank you, I'm trying to keep it together.</v>

1484
01:25:40.360 --> 01:25:45.050
But I just, this has just been an amazing journey.

1485
01:25:45.050 --> 01:25:46.730
I've learned so much about myself

1486
01:25:46.730 --> 01:25:49.420
and I've got to connect with so many,

1487
01:25:49.420 --> 01:25:52.290
just dynamic people who care about kids.

1488
01:26:04.890 --> 01:26:08.420
This course exceeded anything I ever I thought it would,

1489
01:26:08.420 --> 01:26:11.811
it's so rich and it's something I wish I could have taken

1490
01:26:11.811 --> 01:26:16.810
when I was young and Chair Ellis, I appreciate how,

1491
01:26:16.810 --> 01:26:18.900
you've kept this on a steady schedule

1492
01:26:18.900 --> 01:26:23.075
and you've prioritized this and made sure it happened.

1493
01:26:23.075 --> 01:26:27.240
And former Chair Bahorich, starting this off,

1494
01:26:27.240 --> 01:26:31.880
I sincerely thank you guys for all of your support

1495
01:26:31.880 --> 01:26:32.713
from the beginning.

1496
01:26:32.713 --> 01:26:35.770
But one of the things that touched me so much

1497
01:26:35.770 --> 01:26:37.230
is when my colleagues,

1498
01:26:37.230 --> 01:26:38.970
when you guys come to me with these facts,

1499
01:26:38.970 --> 01:26:41.050
and you're so excited about it, like,

1500
01:26:41.050 --> 01:26:44.185
Member Hardy was so excited about convict leasing.

1501
01:26:44.185 --> 01:26:47.981
And that's a hard, tough topic to talk about,

1502
01:26:47.981 --> 01:26:49.970
because by some estimates,

1503
01:26:49.970 --> 01:26:53.530
more African-American people die from that,

1504
01:26:53.530 --> 01:26:55.570
than slavery by some accounts.

1505
01:26:55.570 --> 01:26:57.630
That's not an easy thing to talk about.

1506
01:26:57.630 --> 01:26:59.470
But she knew how important it was

1507
01:26:59.470 --> 01:27:00.985
for students to understand that.

1508
01:27:00.985 --> 01:27:04.010
And Member Maynard, when you talked about,

1509
01:27:04.010 --> 01:27:05.750
that second Morrill Act,

1510
01:27:05.750 --> 01:27:08.172
and you involve those agricultural Black Colleges,

1511
01:27:08.172 --> 01:27:11.540
Alcorn State University was one of my favorite schools

1512
01:27:11.540 --> 01:27:13.239
growing up in Mississippi.

1513
01:27:13.239 --> 01:27:15.610
And, I'm from rural Mississippi,

1514
01:27:15.610 --> 01:27:17.980
so I know a lot of people who went there

1515
01:27:17.980 --> 01:27:21.190
so that they can be industrial farmers

1516
01:27:21.190 --> 01:27:23.570
and that school is so important,

1517
01:27:23.570 --> 01:27:27.410
FAMU you is one of the most prestigious HBCUs there

1518
01:27:27.410 --> 01:27:29.310
so I didn't even know that fact.

1519
01:27:29.310 --> 01:27:32.448
And I just I appreciate it that so much so,

1520
01:27:32.448 --> 01:27:35.020
everything that you, and Marisa receive you,

1521
01:27:35.020 --> 01:27:37.040
getting those folks from San Antonio,

1522
01:27:37.040 --> 01:27:41.870
so involved, they're coming to Austin, multiple times,

1523
01:27:41.870 --> 01:27:44.000
all the phone calls late at night.

1524
01:27:44.000 --> 01:27:49.000
Like I just, I'm just overwhelmed by just all the support

1525
01:27:49.294 --> 01:27:53.017
and Member Perez, I just whenever I think

1526
01:27:56.270 --> 01:27:58.450
about everything you've done for me,

1527
01:28:02.060 --> 01:28:05.040
between you and my mother and my grandmother,

1528
01:28:05.040 --> 01:28:06.910
y'all have made me a stronger woman.

1529
01:28:08.105 --> 01:28:11.400
And I just want more kids to have that strength,

1530
01:28:11.400 --> 01:28:12.450
and that empowerment

1531
01:28:12.450 --> 01:28:14.800
and that's what I think the course will do.

1532
01:28:14.800 --> 01:28:18.560
So I just, I can't thank you guys enough

1533
01:28:18.560 --> 01:28:22.430
for listening to 60 testifiers

1534
01:28:22.430 --> 01:28:24.590
and being so excited about them,

1535
01:28:24.590 --> 01:28:26.770
and welcoming them back to Austin

1536
01:28:26.770 --> 01:28:30.320
and welcoming that group that came together multiple times,

1537
01:28:30.320 --> 01:28:33.829
honoring their work, offering more work.

1538
01:28:33.829 --> 01:28:36.830
I just, I'm so grateful.

1539
01:28:36.830 --> 01:28:38.900
And I'm grateful that I'm serving on the Board

1540
01:28:38.900 --> 01:28:40.760
when I am now, I was just saying the other day,

1541
01:28:40.760 --> 01:28:43.069
everything happens when it does for a reason.

1542
01:28:43.069 --> 01:28:46.850
And me and Pat and Pam, when we were talking

1543
01:28:46.850 --> 01:28:50.880
before the social studies, science coordinators,

1544
01:28:50.880 --> 01:28:54.540
even Pat said, this is some of her best times

1545
01:28:54.540 --> 01:28:55.880
to serve on the Board.

1546
01:28:55.880 --> 01:28:57.340
Because of the way we work together.

1547
01:28:57.340 --> 01:28:59.590
We all sincerely love kids,

1548
01:28:59.590 --> 01:29:01.150
and that's our priority.

1549
01:29:01.150 --> 01:29:03.387
And you can tell in our actions,

1550
01:29:03.387 --> 01:29:06.410
everybody who I interact with, they all say,

1551
01:29:06.410 --> 01:29:09.510
"How did you get the Board to be unanimous and supportive?"

1552
01:29:09.510 --> 01:29:10.820
I didn't have to do anything.

1553
01:29:10.820 --> 01:29:12.730
You guys already had it in your heart.

1554
01:29:12.730 --> 01:29:15.863
So I sincerely thank you, for everything,

1555
01:29:15.863 --> 01:29:20.440
like kids for generations will become better people

1556
01:29:20.440 --> 01:29:21.550
because of this course.

1557
01:29:21.550 --> 01:29:25.320
And I guarantee that other states are gonna pick up on it.

1558
01:29:26.185 --> 01:29:28.510
So we're talking about making Nationwide changes here.

1559
01:29:28.510 --> 01:29:32.120
And that's something that's always gonna be dear to me.

1560
01:29:32.120 --> 01:29:37.050
And Member Cortez, Native-American Studies is being piloted

1561
01:29:37.050 --> 01:29:38.250
in Grand Prairie ISD.

1562
01:29:39.310 --> 01:29:41.870
I'm really excited about that course moving forward,

1563
01:29:41.870 --> 01:29:44.140
'cause that's even more opportunities

1564
01:29:44.140 --> 01:29:46.790
to learn about a culture that I don't know much about.

1565
01:29:46.790 --> 01:29:48.200
So thank you guys.

1566
01:29:48.200 --> 01:29:51.500
Thank you so, so, so much for all of the support,

1567
01:29:51.500 --> 01:29:54.020
all of the patience, and everything else.

1568
01:29:54.020 --> 01:29:57.690
I sincerely, I'm truly blessed, I am

1569
01:29:57.690 --> 01:30:00.430
and please know I truly appreciate everything.

1570
01:30:00.430 --> 01:30:03.540
Thank you so much.

1571
01:30:03.540 --> 01:30:05.390
<v ->Well, well said after listening to each</v>

1572
01:30:05.390 --> 01:30:08.540
and every one of you, I'm so proud to have each

1573
01:30:08.540 --> 01:30:09.870
and every one of you as my colleague

1574
01:30:09.870 --> 01:30:11.570
and be a part of this Board.

1575
01:30:11.570 --> 01:30:14.050
So that being said, I am going to request

1576
01:30:14.050 --> 01:30:17.060
that we do a roll call vote for this item.

1577
01:30:17.060 --> 01:30:18.270
So Miss Martinez.

1578
01:30:25.651 --> 01:30:28.010
(phone dings)

1579
01:30:28.010 --> 01:30:28.870
<v ->Miss Perez?</v>

1580
01:30:31.320 --> 01:30:33.260
<v ->A very heartfelt yes.</v>

1581
01:30:34.230 --> 01:30:35.270
<v ->Mr. Cortez?</v>

1582
01:30:37.460 --> 01:30:38.540
<v ->Hell, yes.</v>

1583
01:30:39.688 --> 01:30:40.588
<v ->Miss Perez-Diaz?</v>

1584
01:30:41.464 --> 01:30:42.650
<v ->An ecstatic yes.</v>

1585
01:30:42.650 --> 01:30:43.530
<v ->Mr. Allen?</v>

1586
01:30:44.540 --> 01:30:46.660
<v ->I will try not to curse, but yes.</v>

1587
01:30:46.660 --> 01:30:47.493
<v ->Mr. Mercer?</v>

1588
01:30:48.630 --> 01:30:50.090
<v ->Absolutely.</v>

1589
01:30:50.090 --> 01:30:51.600
<v ->Yes.</v>

1590
01:30:52.440 --> 01:30:53.530
<v ->Mrs. Bahorich?</v>

1591
01:30:56.590 --> 01:30:57.423
<v ->Absolutely.</v>

1592
01:30:58.480 --> 01:31:00.270
<v ->Dr. Robinson?</v>

1593
01:31:00.270 --> 01:31:01.410
<v ->Yes.</v>

1594
01:31:01.410 --> 01:31:02.720
<v ->Mrs. Cargill.</v>

1595
01:31:02.720 --> 01:31:03.916
<v ->Yes.</v>

1596
01:31:03.916 --> 01:31:05.543
<v ->Mr. Maynard?</v>

1597
01:31:05.543 --> 01:31:06.600
<v ->Yes.</v>

1598
01:31:07.580 --> 01:31:08.420
<v ->Miss Hardy?</v>

1599
01:31:11.300 --> 01:31:12.730
<v ->Mrs. Little.</v>

1600
01:31:12.730 --> 01:31:14.230
<v ->Yes.</v>

1601
01:31:14.230 --> 01:31:15.110
<v ->Miss Davis?</v>

1602
01:31:15.110 --> 01:31:15.943
<v ->Yes.</v>

1603
01:31:17.010 --> 01:31:18.880
<v ->Mrs. Melton-Malone.</v>

1604
01:31:18.880 --> 01:31:20.930
<v ->A very excited yes.</v>

1605
01:31:20.930 --> 01:31:22.420
<v ->Mr. Rowley?</v>

1606
01:31:22.420 --> 01:31:23.760
<v ->Yes.</v>

1607
01:31:23.760 --> 01:31:25.130
<v ->Dr. Ellis?</v>

1608
01:31:25.130 --> 01:31:26.420
<v ->A proud yes.</v>

1609
01:31:27.290 --> 01:31:28.940
So there are two thirds in favor

1610
01:31:28.940 --> 01:31:32.054
and the recommendation is adopted.

1611
01:31:32.054 --> 01:31:33.660
Thank you Board.

1612
01:31:35.590 --> 01:31:39.440
Okay, we will now move along to Item Number 6,

1613
01:31:39.440 --> 01:31:41.705
I believe, which is a Perkins Reauthorization.

1614
01:31:41.705 --> 01:31:46.310
Actually are we finished, Mr. Rowley, do we have more?

1615
01:31:46.310 --> 01:31:49.230
<v ->Well, we have actually, Mr. Chair,</v>

1616
01:31:49.230 --> 01:31:53.630
I think Item 4, the proclamation 2022,

1617
01:31:53.630 --> 01:31:56.790
that's not on your script,

1618
01:31:56.790 --> 01:32:01.790
but it is on the next, on page eight of the Board Minutes.

1619
01:32:03.410 --> 01:32:05.110
Item 4, Miss Cruz.

1620
01:32:06.860 --> 01:32:08.260
Isn't that correct?

1621
01:32:08.260 --> 01:32:11.020
<v ->Mr. Rowley, we do need a vote on that item, yes.</v>

1622
01:32:11.020 --> 01:32:14.386
<v ->Yes, okay, and so I have another question about that.</v>

1623
01:32:14.386 --> 01:32:18.030
We just vote on that as amended,

1624
01:32:18.030 --> 01:32:21.360
or do we need to note that the call

1625
01:32:21.360 --> 01:32:25.920
for PE instructional materials will be for teachers only

1626
01:32:25.920 --> 01:32:27.444
and not for students?

1627
01:32:27.444 --> 01:32:30.090
<v ->You can just vote as amended.</v>

1628
01:32:30.090 --> 01:32:33.377
And then what we do is reflected in the Minutes as amended

1629
01:32:33.377 --> 01:32:37.050
and recommended by the Committee of the Full Board.

1630
01:32:37.050 --> 01:32:38.500
<v ->Perfect, okay, very good, okay.</v>

1631
01:32:38.500 --> 01:32:43.500
So members, then we're on on Item 4 of your Board Minutes,

1632
01:32:43.970 --> 01:32:46.380
it's in the middle of page eight.

1633
01:32:48.140 --> 01:32:51.640
And the vote then is that it is recommended

1634
01:32:51.640 --> 01:32:53.740
that the State Board of Education approved

1635
01:32:53.740 --> 01:32:58.060
Proclamation 2022 of the State Board of Education

1636
01:32:58.060 --> 01:33:02.020
Advertising for Bids for Instructional Materials as amended.

1637
01:33:06.080 --> 01:33:07.830
<v ->Members, you've heard the motion.</v>

1638
01:33:09.190 --> 01:33:10.190
Any further comment?

1639
01:33:11.600 --> 01:33:14.680
All those in favor, please show by raising your hand.

1640
01:33:23.810 --> 01:33:26.510
<v ->You may lower your hands, at 13 in favor.</v>

1641
01:33:27.620 --> 01:33:30.520
<v ->And all those opposed, please vote by raising your hand.</v>

1642
01:33:33.232 --> 01:33:36.350
All right, there are, there's a majority in favor

1643
01:33:36.350 --> 01:33:38.740
and the recommendation is adopted.

1644
01:33:39.650 --> 01:33:41.540
<v ->And the next item is Item 5,</v>

1645
01:33:41.540 --> 01:33:45.560
it's on the top of page nine of the Board Minutes.

1646
01:33:47.570 --> 01:33:49.430
And it is recommended

1647
01:33:49.430 --> 01:33:52.280
that the State Board of Education approve,

1648
01:33:52.280 --> 01:33:55.610
the Texas State Plan for strengthening career

1649
01:33:55.610 --> 01:34:00.050
and technical education for the 21st Century Act Perkins V.

1650
01:34:04.400 --> 01:34:05.800
<v ->We've heard the motion,</v>

1651
01:34:07.200 --> 01:34:09.370
is there any further discussion?

1652
01:34:11.035 --> 01:34:11.868
If none, all those in favor,

1653
01:34:11.868 --> 01:34:13.350
please vote by raising your hand.

1654
01:34:25.900 --> 01:34:28.250
<v ->You may lower hands I count 12.</v>

1655
01:34:29.910 --> 01:34:33.180
<v ->All those opposed, please vote by raising your hand.</v>

1656
01:34:35.420 --> 01:34:36.920
If there is a majority in favor

1657
01:34:36.920 --> 01:34:40.010
and the recommendation is adopted.

1658
01:34:40.010 --> 01:34:43.084
<v ->And Mr. Chair there was no action taken on Item 6,</v>

1659
01:34:43.084 --> 01:34:46.330
and so that's all the recommendations

1660
01:34:46.330 --> 01:34:48.560
of the Committee of the Full Board.

1661
01:34:48.560 --> 01:34:51.060
<v ->Thank you, Mr. Rowley, we will now move</v>

1662
01:34:51.913 --> 01:34:53.220
to the Committee of Instruction.

1663
01:34:53.220 --> 01:34:55.790
I'll turn this over to Miss Melton-Malone.

1664
01:34:55.790 --> 01:34:57.380
<v ->Thank you Mr. Chair.</v>

1665
01:34:57.380 --> 01:35:02.120
Our first item of business is Item Number 1

1666
01:35:02.120 --> 01:35:04.020
in your Board minutes.

1667
01:35:04.020 --> 01:35:07.640
It is the proposed repeal of 19 TAC, Chapter 110,

1668
01:35:07.640 --> 01:35:09.470
Texas Essential Knowledge and Skills

1669
01:35:09.470 --> 01:35:12.160
for English Language Arts and Reading,

1670
01:35:12.160 --> 01:35:15.565
Subchapter C High School, 110 through 30,

1671
01:35:15.565 --> 01:35:19.540
through 110.34 and Subchapter D,

1672
01:35:19.540 --> 01:35:22.490
Other High School English Language Arts and Reading courses.

1673
01:35:22.490 --> 01:35:24.691
110.85 and Subchapter, I'm sorry,

1674
01:35:24.691 --> 01:35:28.470
and Chapter 128, Texas Essential Knowledge and Skills

1675
01:35:28.470 --> 01:35:31.870
for Spanish Language Arts, and Reading

1676
01:35:31.870 --> 01:35:33.560
and English as a Second Language.

1677
01:35:33.560 --> 01:35:38.560
Subchapter C High School 128.30 through 128.32,

1678
01:35:40.550 --> 01:35:42.500
the Committee on Instruction recommends

1679
01:35:43.342 --> 01:35:45.000
that the State Board of Education approved

1680
01:35:45.894 --> 01:35:46.770
for a second reading and final adoption,

1681
01:35:46.770 --> 01:35:50.840
the proposed repeal of 19 TAC Chapter 110,

1682
01:35:50.840 --> 01:35:52.520
Texas Essential Knowledge and Skills

1683
01:35:52.520 --> 01:35:54.160
for English Language Arts and Reading,

1684
01:35:54.160 --> 01:35:59.033
Subchapter C High School, 110.30 to 110.34

1685
01:35:59.900 --> 01:36:01.953
and Subchapter D Other High School English Language Arts

1686
01:36:01.953 --> 01:36:04.188
and Reading Courses 110.85

1687
01:36:04.188 --> 01:36:08.360
and Chapter 128, Texas Essential and Skills

1688
01:36:08.360 --> 01:36:10.280
for English Language Arts and Reading

1689
01:36:10.280 --> 01:36:12.570
and English as a Second Language,

1690
01:36:12.570 --> 01:36:15.993
Subchapter C, High School 128.30 to 128.32

1691
01:36:17.580 --> 01:36:19.118
and make an affirmative finding

1692
01:36:19.118 --> 01:36:21.800
that immediate adoption of the proposed repeal

1693
01:36:21.800 --> 01:36:24.030
of Proposed Repeal of 19 TAC Chapter 110,

1694
01:36:24.030 --> 01:36:25.700
Texas Essential Knowledge and Skills

1695
01:36:25.700 --> 01:36:27.600
for English Language Arts and Reading,

1696
01:36:29.068 --> 01:36:31.973
Subchapter C Highschool 110.30 to 110.34

1697
01:36:33.450 --> 01:36:34.880
Do you want me to go ahead

1698
01:36:34.880 --> 01:36:36.310
and read the rest (chuckles)

1699
01:36:36.310 --> 01:36:39.090
and Subchapter D, Other High School English Language Arts

1700
01:36:39.090 --> 01:36:41.940
and Reading Courses, 110.85,

1701
01:36:41.940 --> 01:36:44.650
and Chapter 128, Texas Essential Knowledge and Skills

1702
01:36:44.650 --> 01:36:46.340
for Spanish Language Arts and Reading

1703
01:36:46.340 --> 01:36:50.140
and English as a Second Language, Subchapter C, High School,

1704
01:36:50.140 --> 01:36:54.297
128.30-128.32 is necessary

1705
01:36:54.297 --> 01:36:57.790
and shall have an effective date of August 1st 2020.

1706
01:36:58.900 --> 01:37:01.800
<v ->You earned your paycheck (mumbles)</v>

1707
01:37:03.518 --> 01:37:05.540
All right, I would ask all those in favor,

1708
01:37:05.540 --> 01:37:07.290
please do so by showing your hand.

1709
01:37:17.483 --> 01:37:19.680
<v ->You may lower your hands, 14 in favor.</v>

1710
01:37:19.680 --> 01:37:22.630
<v ->All those opposed, please show by raising your hands.</v>

1711
01:37:24.250 --> 01:37:25.880
There are two thirds in favor,

1712
01:37:25.880 --> 01:37:27.930
and the recommendation is adopted.

1713
01:37:29.460 --> 01:37:32.170
<v ->Thank you, Mr. Chair, Item Number 2</v>

1714
01:37:32.170 --> 01:37:35.160
on the Committee on Instruction Minute is

1715
01:37:35.160 --> 01:37:37.620
an Action Regarding Origo Education.

1716
01:37:39.855 --> 01:37:41.750
And I think many of you probably remember the discussion,

1717
01:37:41.750 --> 01:37:43.810
we had back in January,

1718
01:37:43.810 --> 01:37:45.520
about this particular company

1719
01:37:45.520 --> 01:37:48.080
that we were trying to work with

1720
01:37:50.539 --> 01:37:52.110
to be in compliance with our rules

1721
01:37:52.110 --> 01:37:54.948
and they were very hesitant to do it.

1722
01:37:54.948 --> 01:37:59.644
There is one motion on here that is not on your Minutes.

1723
01:37:59.644 --> 01:38:03.200
And that is that the Committee on Instruction

1724
01:38:03.200 --> 01:38:05.902
recommends that the State Board of Education,

1725
01:38:05.902 --> 01:38:08.340
approve the changes that have been submitted

1726
01:38:08.340 --> 01:38:09.910
by Origo education.

1727
01:38:13.740 --> 01:38:17.358
<v ->Okay, do we have that motion, Miss Kay,</v>

1728
01:38:17.358 --> 01:38:18.430
do we need to go through a normal,

1729
01:38:18.430 --> 01:38:21.090
is this just a normal process?

1730
01:38:21.090 --> 01:38:23.980
Okay, we have a motion there.

1731
01:38:23.980 --> 01:38:27.230
So all those in favor please do so by raising your hand.

1732
01:38:39.101 --> 01:38:41.480
<v ->You may lower your hands, 14 in favor.</v>

1733
01:38:41.480 --> 01:38:44.070
<v ->The opposed, please show by raising your hands.</v>

1734
01:38:46.220 --> 01:38:47.660
There is a majority in favor

1735
01:38:47.660 --> 01:38:49.360
and the recommendation is adopted.

1736
01:38:50.980 --> 01:38:55.980
<v ->The next motion is on the liquidated damages</v>

1737
01:38:56.260 --> 01:38:59.683
that we would like to assess Origo.

1738
01:38:59.683 --> 01:39:01.720
The Committee on Instruction recommends

1739
01:39:01.720 --> 01:39:04.294
that the State Board of Education assess liquidated damages

1740
01:39:04.294 --> 01:39:08.840
in the amount of $113,494.

1741
01:39:13.170 --> 01:39:14.220
<v ->Okay Miss Bahorich.</v>

1742
01:39:16.630 --> 01:39:21.167
<v ->Can you give me a like, that's just so specific, 113,494</v>

1743
01:39:22.982 --> 01:39:25.230
like how did it, how did we get to that?

1744
01:39:25.230 --> 01:39:30.098
And then what is the total value of the contract

1745
01:39:30.098 --> 01:39:33.560
to this company for doing business?

1746
01:39:34.540 --> 01:39:35.570
<v ->Rowley, I saw your hand up,</v>

1747
01:39:35.570 --> 01:39:37.240
do you wanna speak to that?
<v ->Please.</v>

1748
01:39:37.240 --> 01:39:41.040
<v ->Yes, we spent a lot of time looking at numbers</v>

1749
01:39:41.040 --> 01:39:42.080
and coming up with

1750
01:39:44.460 --> 01:39:48.920
the contract itself between Origo and the State,

1751
01:39:48.920 --> 01:39:52.420
had what was called the Liquidated Damages Provision

1752
01:39:52.420 --> 01:39:56.480
of $1,000 a day, for each day,

1753
01:39:56.480 --> 01:40:01.480
that the publisher was not in,

1754
01:40:01.930 --> 01:40:04.930
was clearly not in compliance, essentially.

1755
01:40:06.712 --> 01:40:08.570
And then in addition to that,

1756
01:40:08.570 --> 01:40:11.180
the law, case law basically says

1757
01:40:12.039 --> 01:40:16.570
that you can assess as liquidated damages,

1758
01:40:16.570 --> 01:40:18.830
an amount that's reasonable.

1759
01:40:18.830 --> 01:40:21.050
But it can't be a penalty.

1760
01:40:21.050 --> 01:40:24.880
And so what we did was we started with the fact

1761
01:40:24.880 --> 01:40:28.140
that, I think it was January the 30th or it was 31st,

1762
01:40:28.140 --> 01:40:30.410
somewhere in there of 2020,

1763
01:40:30.410 --> 01:40:32.680
that it became very clear

1764
01:40:32.680 --> 01:40:35.490
that this publisher was out of compliance.

1765
01:40:35.490 --> 01:40:39.280
And that was 78 days, (clears throat) 78 days ago.

1766
01:40:39.280 --> 01:40:42.466
And so that added up to $78,000.

1767
01:40:42.466 --> 01:40:47.466
And then there was an additional amount of $35,494

1768
01:40:48.340 --> 01:40:51.790
that the State was going to be out

1769
01:40:52.680 --> 01:40:57.490
and in order to create Braille

1770
01:40:57.490 --> 01:41:02.490
and large print instructional materials

1771
01:41:02.550 --> 01:41:04.490
from this particular publisher.

1772
01:41:04.490 --> 01:41:09.490
So we took the $78,000, 78 days times $1,000,

1773
01:41:10.180 --> 01:41:13.956
then we took the 35,494,

1774
01:41:13.956 --> 01:41:18.120
which we anticipate the State would be out

1775
01:41:18.120 --> 01:41:20.270
and that's how we came up with that number.

1776
01:41:24.330 --> 01:41:26.080
<v ->Okay, Miss Bahorich.</v>

1777
01:41:26.980 --> 01:41:29.950
So, they don't get penalized?

1778
01:41:29.950 --> 01:41:31.430
I guess you're saying we can't,

1779
01:41:31.430 --> 01:41:33.820
we can do something reasonable

1780
01:41:33.820 --> 01:41:35.920
but not penalize that's just kind of odd.

1781
01:41:38.298 --> 01:41:41.980
But if you can't go above what it cost you,

1782
01:41:41.980 --> 01:41:44.850
is that basically what we're saying, Mr. Rowley?

1783
01:41:44.850 --> 01:41:47.230
<v ->No, that's really not above,</v>

1784
01:41:47.230 --> 01:41:49.371
it's not above what it costs us.

1785
01:41:49.371 --> 01:41:53.220
It cannot be considered a penalty

1786
01:41:53.220 --> 01:41:54.930
instead of liquidated damages.

1787
01:41:54.930 --> 01:41:58.190
So there has to be some reasonable basis upon

1788
01:41:58.190 --> 01:42:02.290
which you arrive at a particular, Miss Hoang,

1789
01:42:02.290 --> 01:42:06.090
I see Christine is here with us, TEA Legal Staff,

1790
01:42:07.267 --> 01:42:11.270
she spend a lot of time researching this if,

1791
01:42:11.270 --> 01:42:14.450
with the Board's permission, Chair's permission,

1792
01:42:14.450 --> 01:42:16.360
she might chime in,

1793
01:42:16.360 --> 01:42:20.050
but that was the way we were it was presented to us.

1794
01:42:20.050 --> 01:42:23.320
<v ->But I am specifically wondering about a cost</v>

1795
01:42:23.320 --> 01:42:27.670
to the local Districts that whoever's using this material,

1796
01:42:27.670 --> 01:42:30.700
so as to, how we thought about that.

1797
01:42:30.700 --> 01:42:33.170
Are they shipping them new stuff?

1798
01:42:33.170 --> 01:42:36.130
Or are they somehow, what's happening?

1799
01:42:37.240 --> 01:42:39.590
<v ->Christie, do you want to speak or go ahead either way.</v>

1800
01:42:39.590 --> 01:42:42.000
<v ->Well, that's pretty complicated.</v>

1801
01:42:42.000 --> 01:42:45.450
Kelly Callaway I see is all in on the meeting

1802
01:42:45.450 --> 01:42:47.880
and that's probably best addressed by her.

1803
01:42:49.030 --> 01:42:53.638
<v ->So Mrs. Bahorich, there shouldn't have been any cost.</v>

1804
01:42:53.638 --> 01:42:56.700
Any financial cost to Districts.

1805
01:42:57.620 --> 01:43:02.520
We were able to work with Origo to get them the new Braille

1806
01:43:02.520 --> 01:43:05.650
and large print products to match

1807
01:43:05.650 --> 01:43:09.520
the Origo changed products,

1808
01:43:09.520 --> 01:43:11.050
even though the changes hadn't

1809
01:43:11.050 --> 01:43:13.241
yet been approved by the Board.

1810
01:43:13.241 --> 01:43:16.677
So Origo paid for those new products.

1811
01:43:16.677 --> 01:43:21.130
So the the cost to the District was simply

1812
01:43:21.130 --> 01:43:25.940
in the inconvenience

1813
01:43:25.940 --> 01:43:29.770
that might have been created by having large print

1814
01:43:29.770 --> 01:43:33.080
or Braille materials that didn't match the materials

1815
01:43:33.080 --> 01:43:34.420
of the other students.

1816
01:43:37.370 --> 01:43:38.203
<v ->Miss Little.</v>

1817
01:43:43.260 --> 01:43:44.950
<v ->I also wanted to respond.</v>

1818
01:43:44.950 --> 01:43:48.000
I think part of Miss Bahorich's question was,

1819
01:43:48.000 --> 01:43:50.700
what is the total amount of the contract

1820
01:43:50.700 --> 01:43:55.140
and I believe we were told yesterday that in the six years,

1821
01:43:55.140 --> 01:43:59.993
we've been purchasing materials, it was $10,659,000.

1822
01:44:01.380 --> 01:44:03.670
I think another cost that we need to consider

1823
01:44:03.670 --> 01:44:07.080
is the time that the TEA staff spent trying

1824
01:44:07.080 --> 01:44:10.000
to get company in compliance.

1825
01:44:10.000 --> 01:44:13.880
And I, Miss Callaway this morning,

1826
01:44:13.880 --> 01:44:15.200
something that really didn't come up

1827
01:44:15.200 --> 01:44:17.110
in our meeting yesterday.

1828
01:44:17.110 --> 01:44:20.460
We started with a date of October of 2016,

1829
01:44:20.460 --> 01:44:24.370
when we first discovered that they were out of compliance

1830
01:44:24.370 --> 01:44:26.860
and TEA reached out to them,

1831
01:44:26.860 --> 01:44:29.770
gave them the rule of what this was.

1832
01:44:29.770 --> 01:44:33.135
And then, numerous times after that day,

1833
01:44:33.135 --> 01:44:35.573
worked hard to get them in compliance.

1834
01:44:35.573 --> 01:44:39.610
And yesterday, the CEO of the company told us

1835
01:44:39.610 --> 01:44:41.470
that he thought they were in compliance,

1836
01:44:41.470 --> 01:44:43.310
and that's why they didn't respond.

1837
01:44:43.310 --> 01:44:47.190
But he had multiple notices from TEA

1838
01:44:47.190 --> 01:44:48.730
that he was out of compliance.

1839
01:44:51.690 --> 01:44:53.590
<v ->There was another hand up, was it a,</v>

1840
01:44:55.824 --> 01:44:56.657
who else had their hand raised up?

1841
01:44:56.657 --> 01:44:58.360
I think I missed, Miss Davis?

1842
01:45:01.750 --> 01:45:03.800
<v ->And one of the things that we were also discussing</v>

1843
01:45:03.800 --> 01:45:06.690
was the contract, the contract is extended.

1844
01:45:06.690 --> 01:45:09.310
This doesn't end until 2022,

1845
01:45:09.310 --> 01:45:11.840
so then it was a matter of what it would,

1846
01:45:11.840 --> 01:45:13.850
wanna do moving forward with that contract

1847
01:45:13.850 --> 01:45:16.249
because they still have a couple of years,

1848
01:45:16.249 --> 01:45:18.450
but it just really made me feel uneasy

1849
01:45:18.450 --> 01:45:22.200
that they purposely didn't contact the agency

1850
01:45:22.200 --> 01:45:24.370
even though they were given information

1851
01:45:24.370 --> 01:45:26.160
about them being out of compliance,

1852
01:45:26.160 --> 01:45:28.980
they still just chose not to respond for years and years,

1853
01:45:28.980 --> 01:45:30.990
even after our January meeting,

1854
01:45:30.990 --> 01:45:33.070
until they really kind of got a threat.

1855
01:45:33.070 --> 01:45:35.470
And then that's when they wanted to get involved

1856
01:45:36.378 --> 01:45:39.050
but it took like really, really pushing them

1857
01:45:39.050 --> 01:45:41.150
to make them wanna correct those mistakes.

1858
01:45:42.500 --> 01:45:43.333
<v ->Miss Cargill?</v>

1859
01:45:45.530 --> 01:45:48.710
<v ->What is the timeline of them paying the penalty</v>

1860
01:45:48.710 --> 01:45:50.090
and what happens if they don't?

1861
01:45:50.090 --> 01:45:53.320
Can you kind of give us a outlook into the future?

1862
01:45:53.320 --> 01:45:55.470
<v ->That's gonna be one of our other motions,</v>

1863
01:45:56.437 --> 01:45:57.557
is the timeline for them paying.

1864
01:45:57.557 --> 01:45:58.410
<v ->Okay.</v>

1865
01:46:03.345 --> 01:46:05.620
<v ->And I will just, I'm gonna throw out a number Mr. Chair,</v>

1866
01:46:05.620 --> 01:46:06.880
if that's all right.

1867
01:46:06.880 --> 01:46:11.880
If we assess, the thousand dollars a day from,

1868
01:46:13.760 --> 01:46:18.600
the 2016 date, it would be $1,284,000.

1869
01:46:23.060 --> 01:46:26.810
This, so y'all will know that that's what,

1870
01:46:27.730 --> 01:46:32.640
if we assess that, those damages from October of 2016.

1871
01:46:33.720 --> 01:46:35.520
<v ->Clarification, that's for information purposes,</v>

1872
01:46:35.520 --> 01:46:37.130
you're not amending the motion, are you?

1873
01:46:37.130 --> 01:46:40.207
<v ->No, that's just for a, or just for information.</v>

1874
01:46:40.207 --> 01:46:42.110
<v ->Okay, Member Rowley?</v>

1875
01:46:44.580 --> 01:46:46.300
<v ->Yeah, I think one thing</v>

1876
01:46:47.163 --> 01:46:48.820
that we spent a lot of time talking about,

1877
01:46:48.820 --> 01:46:50.440
that needs to be noted

1878
01:46:50.440 --> 01:46:55.440
and that is, that I read the original Origo product

1879
01:46:56.150 --> 01:46:59.490
that was approved, had about 70,

1880
01:46:59.490 --> 01:47:02.470
this is a math instructional material.

1881
01:47:02.470 --> 01:47:06.480
In fact, there were four Districts that use it,

1882
01:47:06.480 --> 01:47:08.970
Fort Worth ISD is the biggest,

1883
01:47:08.970 --> 01:47:13.330
we had a letter of affirmation,

1884
01:47:13.330 --> 01:47:15.610
if you will, from Magnolia ISD.

1885
01:47:16.758 --> 01:47:20.070
Talking about what a good product it was,

1886
01:47:20.070 --> 01:47:24.950
originally, it had only 75 to 80% coverage of the TEKS.

1887
01:47:24.950 --> 01:47:29.950
So what they, what happened was they came up with changes

1888
01:47:30.960 --> 01:47:34.940
in those materials to where it then covered,

1889
01:47:34.940 --> 01:47:38.400
98 to 100% of the TEKS.

1890
01:47:38.400 --> 01:47:42.730
And so the version that was being used,

1891
01:47:42.730 --> 01:47:46.480
that had not been approved by the State Board

1892
01:47:46.480 --> 01:47:50.980
was a significant improvement from the earlier version.

1893
01:47:51.840 --> 01:47:56.840
And so part of our action was to approve those changes

1894
01:47:58.640 --> 01:48:02.680
because otherwise Districts would have been relegated

1895
01:48:02.680 --> 01:48:06.610
to using the, an inferior version of the product

1896
01:48:06.610 --> 01:48:11.610
and so we approved that, the revision itself.

1897
01:48:12.700 --> 01:48:17.700
And then the question became the compliance

1898
01:48:17.860 --> 01:48:20.930
or the lack of compliance on the part of Origo

1899
01:48:20.930 --> 01:48:24.734
with our procedures and with our processes.

1900
01:48:24.734 --> 01:48:28.980
The CEO appeared and spoke extensively

1901
01:48:28.980 --> 01:48:31.302
in our committee yesterday.

1902
01:48:31.302 --> 01:48:36.153
And my personal feeling was he was honest

1903
01:48:37.260 --> 01:48:38.800
about the situation,

1904
01:48:38.800 --> 01:48:43.800
he admitted that it was probably neglect on the part

1905
01:48:44.323 --> 01:48:48.010
of some of his management and officers.

1906
01:48:48.010 --> 01:48:51.870
I didn't have the impression that it was anything done

1907
01:48:51.870 --> 01:48:53.580
with an ulterior motive,

1908
01:48:53.580 --> 01:48:56.188
or that it was done to try to beat the system.

1909
01:48:56.188 --> 01:48:59.420
It was simply, I believe,

1910
01:48:59.420 --> 01:49:03.330
Origo dropping the ball on the situation.

1911
01:49:04.250 --> 01:49:08.610
He assured us, he apologized profusely, I felt like,

1912
01:49:08.610 --> 01:49:11.440
but he assured us that he would pay this amount

1913
01:49:11.440 --> 01:49:15.100
as soon as they received an invoice from us,

1914
01:49:15.100 --> 01:49:16.450
even though we'll see here in a minute

1915
01:49:16.450 --> 01:49:19.340
that the dates June 1st of 2020.

1916
01:49:19.340 --> 01:49:24.340
And so it's $113,000 that's gonna come into the coffers,

1917
01:49:24.740 --> 01:49:27.690
essentially, of the Instructional Materials Fund

1918
01:49:27.690 --> 01:49:31.930
as a result of this publisher not being in compliance.

1919
01:49:31.930 --> 01:49:36.741
And so that was kind of my thought anyway,

1920
01:49:36.741 --> 01:49:38.480
in terms of my vote from the committee.

1921
01:49:40.830 --> 01:49:44.440
<v ->For staff clarification, is this the first time that we've</v>

1922
01:49:44.440 --> 01:49:47.300
this fine has been assessed to a publisher?

1923
01:49:48.420 --> 01:49:50.580
<v ->To my knowledge it is.</v>

1924
01:49:50.580 --> 01:49:52.180
<v ->Okay, Miss Perez?</v>

1925
01:49:55.740 --> 01:49:58.540
<v ->I want to make sure that everybody knows</v>

1926
01:49:58.540 --> 01:50:00.310
a little bit more detail

1927
01:50:00.310 --> 01:50:04.830
and I don't and this is not in any way meant to disagree

1928
01:50:04.830 --> 01:50:07.648
with my colleague, Mr. Rowley.

1929
01:50:07.648 --> 01:50:12.648
But this publisher received emails dated back to 2016,

1930
01:50:12.670 --> 01:50:14.340
and numerous phone calls,

1931
01:50:14.340 --> 01:50:18.840
and were invited by TEA to participate

1932
01:50:18.840 --> 01:50:20.940
in our Committee of Instruction meeting in January,

1933
01:50:20.940 --> 01:50:23.800
which they refused or simply didn't attend

1934
01:50:23.800 --> 01:50:28.650
or play semantics didn't care to communicate with us.

1935
01:50:28.650 --> 01:50:33.184
And so, while his apology yesterday appeared to be sincere,

1936
01:50:33.184 --> 01:50:36.080
and he did say that he will pay the invoice

1937
01:50:36.080 --> 01:50:37.570
as soon as he receives it,

1938
01:50:37.570 --> 01:50:40.458
my fear is that sending it by email,

1939
01:50:40.458 --> 01:50:43.920
he may not see it, just like all the numerous emails,

1940
01:50:43.920 --> 01:50:46.820
he didn't see dated back all the way to 2016.

1941
01:50:46.820 --> 01:50:50.550
And so while again, his appearance was sincere,

1942
01:50:50.550 --> 01:50:55.550
I don't believe that new communication dated yesterday,

1943
01:50:57.860 --> 01:50:59.960
changes the realities of what they did,

1944
01:50:59.960 --> 01:51:02.700
and I want to remind everybody that the issue

1945
01:51:02.700 --> 01:51:04.150
that we're talking about is,

1946
01:51:05.187 --> 01:51:08.089
it impacted specifically students with special needs,

1947
01:51:08.089 --> 01:51:11.350
being Braille and large print needs.

1948
01:51:11.350 --> 01:51:12.850
And I don't think that should be overlooked

1949
01:51:12.850 --> 01:51:13.683
in the slightest.

1950
01:51:13.683 --> 01:51:16.270
And I don't think that the appearance

1951
01:51:16.270 --> 01:51:18.490
of an apology on a Zoom call yesterday

1952
01:51:18.490 --> 01:51:21.580
after four years of attempted communication

1953
01:51:21.580 --> 01:51:25.359
with this publisher, who by the way has a $10 million sales

1954
01:51:25.359 --> 01:51:28.840
contract in our State should be overlooked in the slightest.

1955
01:51:32.850 --> 01:51:35.220
<v ->Thank you Miss Bahorich?</v>

1956
01:51:38.300 --> 01:51:40.070
<v ->I just wanna make sure that I'm understanding,</v>

1957
01:51:40.070 --> 01:51:43.330
when did we first contact this company to say,

1958
01:51:43.330 --> 01:51:45.290
"Hey, these don't match up here?"

1959
01:51:47.300 --> 01:51:50.210
<v ->That would have been in October, 2016.</v>

1960
01:51:51.880 --> 01:51:54.760
<v ->I'm sorry, we started in 2016?</v>

1961
01:51:54.760 --> 01:51:56.620
<v ->Yes, ma'am.</v>

1962
01:51:58.070 --> 01:51:59.400
<v ->And I believe the correspondence</v>

1963
01:51:59.400 --> 01:52:01.000
was with different individuals.

1964
01:52:01.000 --> 01:52:03.837
So I don't believe the initial correspondence

1965
01:52:03.837 --> 01:52:08.837
was with the CEO who participated in the meeting yesterday,

1966
01:52:09.150 --> 01:52:10.350
it was with his staff.

1967
01:52:11.260 --> 01:52:12.450
<v Kelly>That's correct.</v>

1968
01:52:15.230 --> 01:52:18.150
<v ->Well, it seems like to me we gotta least count $1,000</v>

1969
01:52:18.150 --> 01:52:19.810
for every email that was sent

1970
01:52:19.810 --> 01:52:22.650
and not responded to over that time period.

1971
01:52:22.650 --> 01:52:26.570
My goodness, that doesn't, I'm not understanding

1972
01:52:26.570 --> 01:52:30.140
why four years is why this has taken so long.

1973
01:52:33.829 --> 01:52:34.979
And so this percentage,

1974
01:52:36.580 --> 01:52:38.940
so we didn't account for any of Staff time.

1975
01:52:38.940 --> 01:52:41.780
This is all just what we had to pay to get the Braille

1976
01:52:41.780 --> 01:52:46.700
and all that up to standard?

1977
01:52:48.300 --> 01:52:53.300
<v ->The 32,000, o, the 35,494 is what they still owe</v>

1978
01:52:57.900 --> 01:53:00.970
on bringing that up the original amount,

1979
01:53:04.800 --> 01:53:07.450
hang on just a minute, I'm gonna take my notes.

1980
01:53:10.560 --> 01:53:15.560
They had already paid $32,620 for bringing the,

1981
01:53:16.430 --> 01:53:19.180
and Kelly you might want to chime in,

1982
01:53:19.180 --> 01:53:24.180
for bringing the materials into compliance.

1983
01:53:24.580 --> 01:53:28.310
And in order to Kelly, am I right?

1984
01:53:28.310 --> 01:53:31.450
<v ->Yes, ma'am, just a little clarification.</v>

1985
01:53:31.450 --> 01:53:34.393
We only order Braille or large print materials

1986
01:53:34.393 --> 01:53:38.410
when a District requests them, so,

1987
01:53:40.440 --> 01:53:43.230
as of this date, that's the amount

1988
01:53:43.230 --> 01:53:47.470
that they have been invoiced for District request.

1989
01:53:47.470 --> 01:53:51.867
And then the additional amount that Mr. Rowley mentioned,

1990
01:53:53.150 --> 01:53:55.770
that is part of what you're considering

1991
01:53:55.770 --> 01:53:58.710
for liquidated damages would be

1992
01:53:58.710 --> 01:54:03.640
what we would then have to pay should Districts request

1993
01:54:03.640 --> 01:54:08.640
the additional grade levels in the additional formats,

1994
01:54:08.790 --> 01:54:12.310
that haven't already been requested and paid for by Origo.

1995
01:54:14.360 --> 01:54:15.480
<v Mr. Rowley>Mr. Chair.</v>

1996
01:54:15.480 --> 01:54:18.159
<v ->Go ahead, Mr. Rowley and then Miss Cargill.</v>

1997
01:54:18.159 --> 01:54:22.720
<v ->I think it would be helpful if we hear from Miss Hoang</v>

1998
01:54:22.720 --> 01:54:27.720
about the basis of liquidated damages.

1999
01:54:28.050 --> 01:54:31.970
And kind of the parameters within

2000
01:54:31.970 --> 01:54:33.300
which we are forced to operate.

2001
01:54:33.300 --> 01:54:35.750
$1,000 per email, for example,

2002
01:54:35.750 --> 01:54:38.960
is not something that I think we could consider

2003
01:54:38.960 --> 01:54:41.740
as a basis for liquidated damages.

2004
01:54:41.740 --> 01:54:45.170
But Miss Hoang may be able to clarify that.

2005
01:54:46.010 --> 01:54:47.940
<v ->Miss Hoang would you like to chime in?</v>

2006
01:54:47.940 --> 01:54:51.750
<v ->Sure, so I'm looking at the contract</v>

2007
01:54:51.750 --> 01:54:55.110
and on the four corners of the contract

2008
01:54:55.110 --> 01:54:57.800
is how we like to say it in Texas,

2009
01:54:57.800 --> 01:55:00.900
a Special Provision A 17C,

2010
01:55:02.480 --> 01:55:06.570
discusses liquidated damages, that it has to be fair, a fair

2011
01:55:06.570 --> 01:55:10.180
and reasonable estimate of the damages reasonably expected

2012
01:55:10.180 --> 01:55:12.460
to result from the publishers breach,

2013
01:55:12.460 --> 01:55:15.005
it is not intended to be a penalty.

2014
01:55:15.005 --> 01:55:18.940
And when it's assessed in the amount of $1,000 a day,

2015
01:55:20.043 --> 01:55:23.780
as long as the default, during the default period.

2016
01:55:23.780 --> 01:55:26.530
So we're also looking at different ways

2017
01:55:26.530 --> 01:55:30.150
to calculate the days within the lens

2018
01:55:30.150 --> 01:55:32.080
of what is reasonable

2019
01:55:32.080 --> 01:55:36.240
and fair and an estimate that will be held up in court.

2020
01:55:36.240 --> 01:55:40.410
If it gets to the point where someone can argue persuasively

2021
01:55:40.410 --> 01:55:42.000
that it is unreasonable,

2022
01:55:42.000 --> 01:55:45.020
such that SBOE wants to put down a hammer

2023
01:55:45.020 --> 01:55:49.760
and penalize the publisher, a court could make a judgment

2024
01:55:49.760 --> 01:55:52.795
that the liquidated damages were then

2025
01:55:52.795 --> 01:55:56.020
improperly assessed as a fine

2026
01:55:56.020 --> 01:55:59.330
and then consider it, deem it void,

2027
01:55:59.330 --> 01:56:00.295
and so we would get nothing.

2028
01:56:00.295 --> 01:56:03.320
And so that is what really led the conversation,

2029
01:56:03.320 --> 01:56:06.650
is trying to remain within the realm of reasonableness

2030
01:56:06.650 --> 01:56:11.200
and away from perspective of penalty, fine and punishment.

2031
01:56:12.170 --> 01:56:13.720
We looked at it as an estimate.

2032
01:56:15.530 --> 01:56:17.150
<v ->Thank you and Mr. Chair.</v>

2033
01:56:17.150 --> 01:56:17.983
<v ->Sure.</v>

2034
01:56:17.983 --> 01:56:20.050
<v ->Just to further clarify that,</v>

2035
01:56:20.050 --> 01:56:23.660
there's no indication in our contract

2036
01:56:23.660 --> 01:56:26.626
that we can look at the total value

2037
01:56:26.626 --> 01:56:29.500
of the instructional materials

2038
01:56:29.500 --> 01:56:33.310
or the total value of the contract to the publisher.

2039
01:56:34.301 --> 01:56:38.400
We talked in terms of future modifications

2040
01:56:38.400 --> 01:56:41.350
and amendment to, I'm practicing,

2041
01:56:41.350 --> 01:56:44.262
'cause you can't just single this one out

2042
01:56:44.262 --> 01:56:48.993
to be able to look at how much money did the publisher make

2043
01:56:48.993 --> 01:56:52.772
off of instructional materials in Texas.

2044
01:56:52.772 --> 01:56:57.200
But our guidance from legal essentially said

2045
01:56:57.200 --> 01:57:01.070
that's not a consideration that we can make

2046
01:57:01.070 --> 01:57:02.920
under the parameters of the contract.

2047
01:57:06.077 --> 01:57:08.800
<v ->You think for our (mumbles) Miss Hoang?</v>

2048
01:57:10.620 --> 01:57:14.080
<v ->I might speak to that, it is correct</v>

2049
01:57:14.080 --> 01:57:18.680
that the contract specifically stated as $1,000 a day.

2050
01:57:18.680 --> 01:57:20.430
From the discussion in the committee,

2051
01:57:20.430 --> 01:57:24.181
I believe that legal was given direction to come back

2052
01:57:24.181 --> 01:57:27.620
to the Board with recommendations

2053
01:57:27.620 --> 01:57:32.330
about what flexibilities there are to modify

2054
01:57:32.330 --> 01:57:36.690
the Liquidated Damages Provision for future proclamations.

2055
01:57:40.200 --> 01:57:42.713
<v ->Miss Cargill, did you also have a question?</v>

2056
01:57:42.713 --> 01:57:45.191
<v ->No, they answered it, thank you.</v>

2057
01:57:45.191 --> 01:57:47.450
<v ->Mr. Cortez, and then Mr. Mercer.</v>

2058
01:57:50.242 --> 01:57:55.242
<v ->Thank you Chair, Mr. Rowley maybe I missed it</v>

2059
01:57:56.020 --> 01:58:00.430
but did they already remedy the concern that we have

2060
01:58:00.430 --> 01:58:03.460
or is this just the fine on the Lds

2061
01:58:03.460 --> 01:58:08.460
and then the other or when we get to the next motion

2062
01:58:09.070 --> 01:58:13.370
to say you have a date by which you have to pay this.

2063
01:58:13.370 --> 01:58:14.650
Is there gonna be?

2064
01:58:14.650 --> 01:58:18.220
Are we considering an additional ramification

2065
01:58:18.220 --> 01:58:20.690
if it's not cured by that date?

2066
01:58:22.490 --> 01:58:26.780
It seems that if, while thousand dollars,

2067
01:58:29.100 --> 01:58:31.920
it seems like they're getting off easy,

2068
01:58:31.920 --> 01:58:34.420
but I would only say that if,

2069
01:58:35.520 --> 01:58:37.880
I would only believe that if it's already been cured

2070
01:58:37.880 --> 01:58:42.300
or remedied what, why is we're assessing these fines.

2071
01:58:42.300 --> 01:58:43.680
If we're gonna assess these fines

2072
01:58:43.680 --> 01:58:47.100
and why they're being fined hasn't been cured,

2073
01:58:47.950 --> 01:58:50.030
then I think we still have a bigger issue

2074
01:58:50.030 --> 01:58:51.310
that we need to get to

2075
01:58:51.310 --> 01:58:55.060
and I would agree that this is long, long overdue.

2076
01:58:55.990 --> 01:58:57.803
<v ->Yeah, thank you, Mr. Cortez.</v>

2077
01:58:57.803 --> 01:59:02.803
Yes, it has been remedied by all accounts.

2078
01:59:02.845 --> 01:59:07.845
They paid $32,620 already, which was an amount necessary

2079
01:59:11.700 --> 01:59:14.629
to create the instructional materials

2080
01:59:14.629 --> 01:59:17.730
that had been requested by Districts

2081
01:59:17.730 --> 01:59:20.010
and so that's in the past.

2082
01:59:20.010 --> 01:59:25.010
And then, they have also submitted now for our approval,

2083
01:59:26.620 --> 01:59:31.620
the changed or revised set of instructional materials,

2084
01:59:31.630 --> 01:59:36.580
which then has put them back in compliance, essentially,

2085
01:59:36.580 --> 01:59:38.650
subject to our approval,

2086
01:59:38.650 --> 01:59:40.500
which is what the first motion did,

2087
01:59:40.500 --> 01:59:42.250
the first motion approved that,

2088
01:59:42.250 --> 01:59:45.270
so that Districts could continue to use that materials.

2089
01:59:45.270 --> 01:59:49.236
And by the way, so that Federal Funding would be available

2090
01:59:49.236 --> 01:59:51.150
to pay for those materials,

2091
01:59:51.150 --> 01:59:55.690
because with, if we'd hadn't approved those revisions,

2092
01:59:55.690 --> 01:59:58.770
then Federal Funds would not have been available

2093
01:59:58.770 --> 02:00:00.720
to District or the state to pay for it.

2094
02:00:00.720 --> 02:00:04.160
So yes, my understanding is

2095
02:00:04.160 --> 02:00:06.970
and I guess Miss Callaway can speak to this particularly

2096
02:00:06.970 --> 02:00:09.680
but they have remedied everything.

2097
02:00:09.680 --> 02:00:13.280
The problem was it just took them a long time to do it.

2098
02:00:13.280 --> 02:00:16.000
<v ->And if I can just follow up on that,</v>

2099
02:00:16.000 --> 02:00:18.960
so from the time that they did remedy,

2100
02:00:18.960 --> 02:00:22.280
is that when we're starting this thousand dollars,

2101
02:00:22.280 --> 02:00:24.960
or are we starting from the time

2102
02:00:24.960 --> 02:00:27.560
that there was an actual communication with the CEO?

2103
02:00:28.670 --> 02:00:33.435
<v ->We're starting basically from our last meeting</v>

2104
02:00:33.435 --> 02:00:36.752
committee when we emphatically stated they were out.

2105
02:00:36.752 --> 02:00:38.420
(phone rings)

2106
02:00:38.420 --> 02:00:41.630
I think they were, by all accounts,

2107
02:00:41.630 --> 02:00:44.900
they were clearly out of compliance for three years,

2108
02:00:44.900 --> 02:00:46.610
probably, something like that.

2109
02:00:46.610 --> 02:00:51.610
And that's that $1.2 million figure at $1,000 a day.

2110
02:00:52.800 --> 02:00:56.470
And but there was some question

2111
02:00:56.470 --> 02:00:59.240
about the level of communications that took place

2112
02:00:59.240 --> 02:01:02.608
and the communications that were received.

2113
02:01:02.608 --> 02:01:05.765
But the date we chose was the date

2114
02:01:05.765 --> 02:01:07.740
of our last committee meeting.

2115
02:01:08.650 --> 02:01:10.750
<v ->And if I could interject here.</v>

2116
02:01:10.750 --> 02:01:14.150
The reason and correct me members, I mean,

2117
02:01:14.150 --> 02:01:16.063
committee members, if I'm wrong,

2118
02:01:16.063 --> 02:01:17.640
the reason we looked at that January date

2119
02:01:17.640 --> 02:01:20.775
is because of what Mrs. Hoang said

2120
02:01:20.775 --> 02:01:24.145
about having to have a reasonable amount.

2121
02:01:24.145 --> 02:01:29.145
And we have the documentation

2122
02:01:29.240 --> 02:01:32.439
and everything to that, from there on.

2123
02:01:32.439 --> 02:01:35.950
And before, prior to that,

2124
02:01:37.130 --> 02:01:41.020
we don't have all the documentation we would need

2125
02:01:41.020 --> 02:01:45.090
if it should come to a court case, am I correct?

2126
02:01:50.710 --> 02:01:52.686
<v ->If I might address that slightly.</v>

2127
02:01:52.686 --> 02:01:53.519
<v ->Sure.</v>

2128
02:01:54.680 --> 02:01:57.180
<v ->It's very clear and it'll be very easily proved</v>

2129
02:01:57.180 --> 02:02:01.627
from the point of your last meeting to this meeting,

2130
02:02:01.627 --> 02:02:03.640
that there was out of compliance.

2131
02:02:03.640 --> 02:02:08.470
Before that, there would be a, "he said, she said" situation

2132
02:02:08.470 --> 02:02:12.430
where we would be asserting, a, we've told you

2133
02:02:12.430 --> 02:02:13.680
and then asserting, well,

2134
02:02:15.411 --> 02:02:16.770
we thought you meant something else.

2135
02:02:17.793 --> 02:02:19.360
And I think that was part of the conversation

2136
02:02:19.360 --> 02:02:20.963
that we heard yesterday so,

2137
02:02:20.963 --> 02:02:25.963
so I think that's where we resolved as the last meeting

2138
02:02:26.550 --> 02:02:31.550
was the most clear and easily defensible position

2139
02:02:32.640 --> 02:02:36.040
to start the liquidated damages from.

2140
02:02:40.062 --> 02:02:43.858
<v ->All right Miss Bahorich?</v>

2141
02:02:43.858 --> 02:02:46.680
Mr. Mercer.
<v ->I was just wondering.</v>

2142
02:02:48.060 --> 02:02:49.900
It seems like we could,

2143
02:02:49.900 --> 02:02:51.850
did we not send them a certified letter

2144
02:02:51.850 --> 02:02:54.350
that they were gonna be in front of the committee?

2145
02:02:55.820 --> 02:02:59.594
And then they just, I mean, declined, or I mean,

2146
02:02:59.594 --> 02:03:02.670
it seems like there should have been some kind

2147
02:03:02.670 --> 02:03:05.090
of official notification that went,

2148
02:03:05.090 --> 02:03:07.280
before the last meeting to say,

2149
02:03:07.280 --> 02:03:11.130
"Hey, show up here, you've got a major problem."

2150
02:03:11.130 --> 02:03:13.070
<v Dr. Ellis>Mr. Rowley, do you have a comment on that?"</v>

2151
02:03:13.070 --> 02:03:18.070
<v ->Yes, that was even, I think by Miss Galloway's account,</v>

2152
02:03:19.641 --> 02:03:23.490
or Staff's account, it wasn't real clear

2153
02:03:23.490 --> 02:03:27.040
that they were being summoned to our last meeting.

2154
02:03:27.950 --> 02:03:32.150
Let Miss Martinez or Miss Calloway speak to that

2155
02:03:32.150 --> 02:03:37.150
but there was not essentially a statement,

2156
02:03:39.260 --> 02:03:40.620
you need to be at this meeting.

2157
02:03:40.620 --> 02:03:42.380
I think they were invited

2158
02:03:42.380 --> 02:03:46.360
and chose not to attend.

2159
02:03:46.360 --> 02:03:48.850
But maybe Miss Martinez or Miss Calloway could speak to that

2160
02:03:48.850 --> 02:03:50.350
'cause my understanding was,

2161
02:03:50.350 --> 02:03:51.860
it was not altogether clear whether

2162
02:03:51.860 --> 02:03:55.390
or not they were being ordered to be there

2163
02:03:55.390 --> 02:03:59.090
or in some way compelled to be there.

2164
02:03:59.090 --> 02:04:00.750
<v ->That's correct, Miss Bahorich,</v>

2165
02:04:00.750 --> 02:04:02.700
we did not send a certified letter.

2166
02:04:02.700 --> 02:04:05.260
I think the one thing that Board members

2167
02:04:05.260 --> 02:04:08.030
may not be aware is that the individual

2168
02:04:08.030 --> 02:04:11.120
who joined the meeting yesterday is in Australia.

2169
02:04:11.120 --> 02:04:14.280
And so I will take responsibility

2170
02:04:14.280 --> 02:04:15.620
that we were not clear,

2171
02:04:15.620 --> 02:04:18.990
that we should have made a more formal

2172
02:04:18.990 --> 02:04:21.880
and official request for them to be in attendance

2173
02:04:21.880 --> 02:04:23.700
at the last meeting.

2174
02:04:23.700 --> 02:04:25.340
And so I just, I wanna make sure

2175
02:04:25.340 --> 02:04:28.450
that we do take responsibility for not being clear on that.

2176
02:04:31.040 --> 02:04:32.490
<v ->Mr. Mercer?</v>

2177
02:04:32.490 --> 02:04:35.580
<v ->Thank you, Mr. Chairman, and two questions, first,</v>

2178
02:04:35.580 --> 02:04:37.900
I noticed a Committee members said,

2179
02:04:37.900 --> 02:04:39.240
he thought it'd be a short meeting,

2180
02:04:39.240 --> 02:04:42.430
he adjourned it at before six last night,

2181
02:04:42.430 --> 02:04:44.810
and also the original motion failed.

2182
02:04:44.810 --> 02:04:46.920
But there is a past motion to reconsider,

2183
02:04:46.920 --> 02:04:48.830
which takes a member of the prevailing side

2184
02:04:48.830 --> 02:04:50.280
to reconsider that

2185
02:04:50.280 --> 02:04:51.480
and he went to two different motions

2186
02:04:51.480 --> 02:04:53.100
and you said on the 113.

2187
02:04:53.100 --> 02:04:53.970
What does that tell me?

2188
02:04:53.970 --> 02:04:56.500
And just a question for my consideration is that,

2189
02:04:56.500 --> 02:04:58.570
it just says that it was carried,

2190
02:04:58.570 --> 02:05:02.650
was it a majority vote, was a unanimous vote for the fine?

2191
02:05:03.500 --> 02:05:05.360
<v ->It was a majority vote.</v>

2192
02:05:06.943 --> 02:05:07.890
<v ->It was a majority vote?</v>

2193
02:05:07.890 --> 02:05:08.770
<v ->Yes.</v>

2194
02:05:08.770 --> 02:05:10.490
<v ->But there was a lot of deliberation involved.</v>

2195
02:05:10.490 --> 02:05:11.680
And secondly, for Staff

2196
02:05:11.680 --> 02:05:14.050
and I thank you for the Christine for your comments

2197
02:05:14.050 --> 02:05:15.960
about the fair and reasonable,

2198
02:05:16.820 --> 02:05:18.490
my words words we're not targeting,

2199
02:05:18.490 --> 02:05:20.270
but in terms of staff or precedent.

2200
02:05:20.270 --> 02:05:21.820
I remember coming on Board

2201
02:05:21.820 --> 02:05:25.670
and I know there are many times before we had not punish

2202
02:05:25.670 --> 02:05:29.620
we'd fined a publisher for errors or mistakes.

2203
02:05:29.620 --> 02:05:30.520
Isn't that true?

2204
02:05:30.520 --> 02:05:33.300
I don't think this would be the first time we've done this.

2205
02:05:33.300 --> 02:05:35.090
<v ->Mr. Mercer, you're correct.</v>

2206
02:05:35.090 --> 02:05:40.090
You have rules that allow you to assess fines for errors,

2207
02:05:41.460 --> 02:05:44.690
as you mentioned, that is different than this situation.

2208
02:05:45.570 --> 02:05:48.530
And I think that's why both Miss Hoang

2209
02:05:48.530 --> 02:05:51.560
and Mr. Beyerki, keep reminding us

2210
02:05:51.560 --> 02:05:55.210
that this is liquidated damages related to the contract,

2211
02:05:55.210 --> 02:05:57.840
not a fine that you have the authority

2212
02:05:57.840 --> 02:06:00.250
to assess based on a publisher

2213
02:06:00.250 --> 02:06:02.250
who is out of compliance with your rule.

2214
02:06:03.620 --> 02:06:04.970
<v ->Then Madam Chair, Sue Melton,</v>

2215
02:06:04.970 --> 02:06:06.890
I wanna make sure that we're deliberating now,

2216
02:06:06.890 --> 02:06:09.420
you went through five hours yesterday deliberations,

2217
02:06:09.420 --> 02:06:11.700
or four and a half hours or so,

2218
02:06:11.700 --> 02:06:14.455
so I don't want to relitigate what's happened.

2219
02:06:14.455 --> 02:06:16.430
But can you summarize, obviously,

2220
02:06:16.430 --> 02:06:19.270
you came to agreement, it past the majority.

2221
02:06:19.270 --> 02:06:21.170
The publisher's seem to be in agreement with that,

2222
02:06:21.170 --> 02:06:23.740
I don't wanna relitigate all those things now,

2223
02:06:23.740 --> 02:06:24.573
but can you summarize (mumbles)

2224
02:06:24.573 --> 02:06:26.770
and what happened and why the motion passed?

2225
02:06:28.010 --> 02:06:30.120
<v ->[Miss Melton-Malone] Which one are you talking about,</v>

2226
02:06:30.120 --> 02:06:31.650
the amend?

2227
02:06:31.650 --> 02:06:33.952
<v ->The final motion to go ahead</v>

2228
02:06:33.952 --> 02:06:38.500
and pass the fine in the amount and for $113,000.

2229
02:06:38.500 --> 02:06:40.710
Again, you did four and a half hours of deliberations.

2230
02:06:40.710 --> 02:06:42.470
I don't want to repeat that.

2231
02:06:42.470 --> 02:06:44.760
I just want a good feeling of what the committee,

2232
02:06:44.760 --> 02:06:46.740
the work of the committee, thank you.

2233
02:06:46.740 --> 02:06:49.070
<v ->You're welcome, well, as we said before,</v>

2234
02:06:49.070 --> 02:06:53.680
we came to that amount because we assess

2235
02:06:53.680 --> 02:06:57.430
the liquidated amount as,

2236
02:06:58.790 --> 02:07:03.500
we took the amount that would have to be paid

2237
02:07:03.500 --> 02:07:08.500
in order to make those books when they were requested again.

2238
02:07:08.993 --> 02:07:12.058
And then we figured out from January

2239
02:07:12.058 --> 02:07:15.250
when we emphatically said,

2240
02:07:16.390 --> 02:07:17.940
this has got to be corrected.

2241
02:07:18.780 --> 02:07:21.590
We took from that date to yesterday.

2242
02:07:21.590 --> 02:07:25.390
And that's where we came up with the 78,000.

2243
02:07:25.390 --> 02:07:27.350
And then we put those two numbers together

2244
02:07:27.350 --> 02:07:29.872
and came up with a 113494.

2245
02:07:29.872 --> 02:07:34.872
And as Christine had said, we had to come up with an amount

2246
02:07:35.620 --> 02:07:38.300
that was reasonable

2247
02:07:38.300 --> 02:07:42.400
and an amount that we could actually say,

2248
02:07:42.400 --> 02:07:45.490
"Okay, we have documented evidence

2249
02:07:45.490 --> 02:07:47.490
"that from this date to this date,

2250
02:07:47.490 --> 02:07:49.050
"they were not in compliance."

2251
02:07:49.050 --> 02:07:51.380
Because there were some inconsistencies

2252
02:07:51.380 --> 02:07:56.380
from the October, 2016 date until January of 2020.

2253
02:07:56.970 --> 02:08:01.050
So we had to come up with a number that was

2254
02:08:02.060 --> 02:08:05.249
a reasonable amount for them to pay.

2255
02:08:05.249 --> 02:08:08.640
And that's just through a lot of discussion

2256
02:08:08.640 --> 02:08:11.460
and a lot of putting numbers together.

2257
02:08:11.460 --> 02:08:15.250
And a lot of different options that we discussed,

2258
02:08:15.250 --> 02:08:18.260
we decided that that would be our best course of action

2259
02:08:18.260 --> 02:08:20.150
in this particular case.

2260
02:08:20.150 --> 02:08:25.150
We are looking at, as morality standard,

2261
02:08:25.730 --> 02:08:30.019
we are looking at changing the contract for the future

2262
02:08:30.019 --> 02:08:33.310
on our contracts with our companies.

2263
02:08:33.310 --> 02:08:38.310
That would give us more leverage if they do not come into,

2264
02:08:38.390 --> 02:08:40.430
if they're not in compliance.

2265
02:08:40.430 --> 02:08:45.340
And we're going to vote after this motion.

2266
02:08:45.340 --> 02:08:48.910
There's one more about the date that we set

2267
02:08:48.910 --> 02:08:53.610
for them to have those liquidated damages paid.

2268
02:08:53.610 --> 02:08:56.250
And we even talked about some of the possibilities

2269
02:08:56.250 --> 02:08:59.114
that if they don't have it paid by this time,

2270
02:08:59.114 --> 02:09:00.890
what's our recourse then

2271
02:09:00.890 --> 02:09:03.440
and legal's looking into that for us to tell us

2272
02:09:03.440 --> 02:09:05.800
what we might be able to do should they not pay it.

2273
02:09:05.800 --> 02:09:08.252
Now as Member Rowley said,

2274
02:09:08.252 --> 02:09:13.252
the CEO yesterday promised us faithfully on the spot,

2275
02:09:13.550 --> 02:09:15.560
you send me the bill, we'll pay it,

2276
02:09:15.560 --> 02:09:19.850
so that we're still waiting on to see

2277
02:09:19.850 --> 02:09:21.940
if that comes to fruition or not.

2278
02:09:21.940 --> 02:09:26.430
And if not, then we will have to deal with that beyond that.

2279
02:09:26.430 --> 02:09:28.240
<v ->Thank you, Madam Chair, Mr. Chairman Ellis,</v>

2280
02:09:28.240 --> 02:09:31.280
if I could just ask one more questions to legal, Christine.

2281
02:09:31.280 --> 02:09:33.100
<v ->Before you do, I do wanna remind us</v>

2282
02:09:33.100 --> 02:09:34.710
that we have the motion on the floor is about

2283
02:09:34.710 --> 02:09:35.870
the liquidated damages

2284
02:09:35.870 --> 02:09:37.770
and not on whether materials were approved or not.

2285
02:09:37.770 --> 02:09:39.600
So we need to make sure we stay on that.

2286
02:09:39.600 --> 02:09:40.920
<v ->Right on the liquidated damages,</v>

2287
02:09:40.920 --> 02:09:44.020
Christine mentioned very that the (mumbles) contract

2288
02:09:44.020 --> 02:09:46.860
and we're talking about what Miss Melton-Malone

2289
02:09:46.860 --> 02:09:49.130
just mentioned about being fair and reasonable.

2290
02:09:50.101 --> 02:09:52.210
I'm assuming we've met that, the committee deliberated

2291
02:09:52.210 --> 02:09:55.230
and the final amount was what they thought was fair

2292
02:09:55.230 --> 02:09:58.150
and reasonable, Christine, is that a good assumption?

2293
02:09:58.150 --> 02:10:00.340
<v ->Yeah, if we wanna be persnickety,</v>

2294
02:10:00.340 --> 02:10:03.790
we wanna keep it to $1,000 multiplier.

2295
02:10:03.790 --> 02:10:06.540
So it could be 113 even or 114 even,

2296
02:10:08.126 --> 02:10:09.600
where you're having a 78 days

2297
02:10:09.600 --> 02:10:12.760
plus around an estimate of 35 days,

2298
02:10:12.760 --> 02:10:15.020
if you wanna look at it that way,

2299
02:10:15.020 --> 02:10:16.440
to kind of give you a buffer

2300
02:10:16.440 --> 02:10:19.928
of different time dates to be reasonable.

2301
02:10:19.928 --> 02:10:23.530
That's the only other comment that I have to stay strictly

2302
02:10:23.530 --> 02:10:26.060
within the four corners of a contract,

2303
02:10:26.060 --> 02:10:27.980
is that you have the days, times 1000.

2304
02:10:29.790 --> 02:10:31.410
<v ->Thank you, Christine, Mr. Chairman.</v>

2305
02:10:31.410 --> 02:10:32.243
<v ->Miss Little.</v>

2306
02:10:34.800 --> 02:10:36.280
<v ->Thank you, Mr. Chairman.</v>

2307
02:10:36.280 --> 02:10:41.070
Mr. Mercer, I felt like the committee would have assessed

2308
02:10:41.070 --> 02:10:44.630
a much higher damage if we thought we could have gotten,

2309
02:10:44.630 --> 02:10:47.660
it could have been not challenged in court.

2310
02:10:47.660 --> 02:10:49.890
I think many on the committee felt like,

2311
02:10:49.890 --> 02:10:52.280
that they are getting off way too easy.

2312
02:10:52.280 --> 02:10:56.014
And a concern that I have about this whole situation

2313
02:10:56.014 --> 02:10:59.880
is the precedent that this sets for future publishers

2314
02:10:59.880 --> 02:11:01.710
when something like this comes up.

2315
02:11:02.636 --> 02:11:06.420
And I really hope that in the next couple of meetings,

2316
02:11:06.420 --> 02:11:08.620
we can look at our contracts

2317
02:11:08.620 --> 02:11:10.440
and get them a little tighter.

2318
02:11:10.440 --> 02:11:12.510
And this is especially true,

2319
02:11:12.510 --> 02:11:16.010
because in Senate Bill 6 in 2011 opened it up

2320
02:11:16.010 --> 02:11:18.670
for smaller publishers to participate,

2321
02:11:18.670 --> 02:11:20.480
this is what we're gonna see.

2322
02:11:20.480 --> 02:11:22.900
Because smaller publishers don't have the ability

2323
02:11:22.900 --> 02:11:24.950
to do two separate print runs,

2324
02:11:24.950 --> 02:11:26.909
they can't run a Texas edition,

2325
02:11:26.909 --> 02:11:29.750
and then run a national edition.

2326
02:11:29.750 --> 02:11:33.180
Now, in this particular instance, it was almost flipped.

2327
02:11:33.180 --> 02:11:36.230
And I do feel like the content is an improvement.

2328
02:11:36.230 --> 02:11:37.330
But going forward,

2329
02:11:37.330 --> 02:11:40.050
we might be in a situation where this happens

2330
02:11:40.050 --> 02:11:42.320
and the content is not an improvement,

2331
02:11:42.320 --> 02:11:45.280
in fact, might even go backwards.

2332
02:11:45.280 --> 02:11:47.401
So I just think we have to be very careful

2333
02:11:47.401 --> 02:11:50.310
about the precedent that we set

2334
02:11:50.310 --> 02:11:52.300
for future incidences like this.

2335
02:11:54.810 --> 02:11:55.960
<v Dr. Ellis>Miss Bahorich.</v>

2336
02:11:58.050 --> 02:12:00.240
<v ->So one of the concerns I have,</v>

2337
02:12:00.240 --> 02:12:04.690
okay, so we've approved the changes now.

2338
02:12:04.690 --> 02:12:07.660
So what is the mechanism?

2339
02:12:07.660 --> 02:12:09.810
What is the expectation?

2340
02:12:09.810 --> 02:12:12.090
What is it they're going to be sending to the Districts

2341
02:12:12.090 --> 02:12:14.450
that spent money for these materials?

2342
02:12:15.530 --> 02:12:20.530
Built their lesson plans around the materials that weren't,

2343
02:12:20.970 --> 02:12:22.710
I don't know if they built the lesson plans

2344
02:12:22.710 --> 02:12:25.230
around the approved material already,

2345
02:12:25.230 --> 02:12:26.830
and we don't have to worry about that.

2346
02:12:26.830 --> 02:12:29.920
But I just, that's a lot of Staff time all over the State.

2347
02:12:29.920 --> 02:12:31.290
I just kind of wondering about that.

2348
02:12:31.290 --> 02:12:33.210
If maybe the lesson plans were built

2349
02:12:33.210 --> 02:12:35.110
about this illegal material,

2350
02:12:35.110 --> 02:12:37.336
then they've already built that.

2351
02:12:37.336 --> 02:12:40.690
But, I just don't understand,

2352
02:12:40.690 --> 02:12:42.640
what happened around those discussions.

2353
02:12:44.770 --> 02:12:45.980
<v ->Miss Calloway?</v>

2354
02:12:45.980 --> 02:12:49.250
<v ->Yes, ma'am, the improved</v>

2355
02:12:50.650 --> 02:12:53.290
and I believe that's Miss Little's word,

2356
02:12:53.290 --> 02:12:57.010
materials have been in District classrooms

2357
02:12:58.070 --> 02:13:00.690
for multiple years.

2358
02:13:00.690 --> 02:13:03.290
<v Miss Bahorich>Okay, so we don't have to worry, okay.</v>

2359
02:13:03.290 --> 02:13:06.470
<v ->Matching accessible materials for them.</v>

2360
02:13:10.470 --> 02:13:14.370
<v ->Okay, any other questions or comments from members?</v>

2361
02:13:14.370 --> 02:13:15.203
Miss Little.

2362
02:13:16.530 --> 02:13:18.830
<v ->To Miss Bahorich's comment.</v>

2363
02:13:18.830 --> 02:13:22.890
At some point, the teachers had to change their lesson plans

2364
02:13:22.890 --> 02:13:25.930
because they adopted one product

2365
02:13:25.930 --> 02:13:29.560
and then unknowingly were sent another one.

2366
02:13:29.560 --> 02:13:31.010
And I wanna point out

2367
02:13:31.010 --> 02:13:33.640
that these were some substantial changes.

2368
02:13:33.640 --> 02:13:37.470
It wasn't like a page number here, or word inserted there.

2369
02:13:37.470 --> 02:13:40.000
There were multiple changes,

2370
02:13:40.000 --> 02:13:42.472
many of them for the Spanish version.

2371
02:13:42.472 --> 02:13:46.861
And they were, in many instances, totally different lessons.

2372
02:13:46.861 --> 02:13:50.640
So at some point, they still had to make an adjustment.

2373
02:13:54.910 --> 02:13:57.770
<v ->Okay, all right.</v>

2374
02:13:57.770 --> 02:14:00.800
Is there any other comments or questions from members?

2375
02:14:04.089 --> 02:14:06.060
So we do have the motion on the floor

2376
02:14:06.060 --> 02:14:08.984
that the Committee of Instruction recommends,

2377
02:14:08.984 --> 02:14:11.079
I'm sorry, yes, the Committee of Instruction recommends

2378
02:14:11.079 --> 02:14:12.170
the State Board of Education,

2379
02:14:12.170 --> 02:14:14.720
assess liquidated damage the amount of $113,494.

2380
02:14:16.570 --> 02:14:19.590
Miss Bahorich, do you have something else to add?

2381
02:14:19.590 --> 02:14:20.610
<v ->Yeah, just one more quick question.</v>

2382
02:14:20.610 --> 02:14:24.100
So around that, when they made this change,

2383
02:14:24.100 --> 02:14:26.500
it sounds like it was made in 2016, correct?

2384
02:14:28.410 --> 02:14:33.410
Did they do they send information to the Districts

2385
02:14:33.630 --> 02:14:36.060
that the people who bought or this,

2386
02:14:36.060 --> 02:14:38.030
did they send any information to say,

2387
02:14:38.030 --> 02:14:40.770
"Look, we are changing this from this."

2388
02:14:40.770 --> 02:14:44.340
'Cause usually there's some kind of a crosswalk

2389
02:14:44.340 --> 02:14:45.830
or something that kind of says,

2390
02:14:45.830 --> 02:14:48.370
"Here's what it is, so it's easy to go back through it."

2391
02:14:48.370 --> 02:14:51.670
Or get people go surprise, this book is not

2392
02:14:51.670 --> 02:14:55.000
what we thought we were getting, like how did that?

2393
02:14:55.000 --> 02:14:58.250
<v ->So I don't have an answer to that question.</v>

2394
02:14:58.250 --> 02:15:03.250
We became aware of the situation in 2016.

2395
02:15:03.390 --> 02:15:07.600
As far as we know, the materials had been changed prior

2396
02:15:07.600 --> 02:15:11.120
to their ever being received by Districts.

2397
02:15:11.120 --> 02:15:12.960
That the reason we found out is

2398
02:15:12.960 --> 02:15:15.730
because the District contacted us to say,

2399
02:15:15.730 --> 02:15:18.890
"My large print version doesn't match the version

2400
02:15:18.890 --> 02:15:20.490
"that the other kids are using."

2401
02:15:27.050 --> 02:15:29.800
<v ->Any other further questions or comments from members?</v>

2402
02:15:32.310 --> 02:15:34.550
Seeing none, I want to ask all those

2403
02:15:34.550 --> 02:15:38.420
in favor of the motion as presented,

2404
02:15:38.420 --> 02:15:40.070
please vote by raising your hand.

2405
02:15:52.860 --> 02:15:55.020
<v ->You may lower your hands, 14 in favor.</v>

2406
02:15:56.040 --> 02:15:59.970
<v ->All those opposed, please do show raising your hand.</v>

2407
02:16:01.650 --> 02:16:04.820
There is a majority in favor, the recommendation is adopted.

2408
02:16:06.220 --> 02:16:08.470
<v ->Thank you, Mr. Chair, we have one more motion</v>

2409
02:16:08.470 --> 02:16:12.740
and that is on the timeline for payment

2410
02:16:12.740 --> 02:16:14.680
of those liquidated damages.

2411
02:16:14.680 --> 02:16:16.460
The Committee on Instruction recommends

2412
02:16:16.460 --> 02:16:18.580
that the State Board of Education establish

2413
02:16:18.580 --> 02:16:21.370
a due date of June 1st, 2020

2414
02:16:21.370 --> 02:16:23.550
for payment of the liquidated damages.

2415
02:16:27.400 --> 02:16:28.233
<v ->Miss Little.</v>

2416
02:16:33.350 --> 02:16:35.810
<v ->I wanna follow up with a comment</v>

2417
02:16:35.810 --> 02:16:38.440
that was made by Miss Callaway yesterday.

2418
02:16:39.467 --> 02:16:42.710
My feeling when we set the June 1st date is,

2419
02:16:42.710 --> 02:16:45.210
we want it immediately.

2420
02:16:45.210 --> 02:16:48.230
This is damages and we wanna be sure

2421
02:16:48.230 --> 02:16:49.750
that we get immediately,

2422
02:16:49.750 --> 02:16:52.260
Miss Callaway commented that because

2423
02:16:54.060 --> 02:16:55.950
if we were to get it now

2424
02:16:55.950 --> 02:17:00.480
and/or June 1, and did not have anything to spend it on,

2425
02:17:00.480 --> 02:17:03.440
that we only have until September the first to spend it.

2426
02:17:03.440 --> 02:17:05.280
So that's a very short window.

2427
02:17:05.280 --> 02:17:09.790
So my comment to legal is,

2428
02:17:09.790 --> 02:17:11.922
let's say we get the money June 1st,

2429
02:17:11.922 --> 02:17:15.840
and by some chance, we don't have anything to spend it on.

2430
02:17:15.840 --> 02:17:20.735
I can't imagine that situation in our State right now.

2431
02:17:20.735 --> 02:17:24.230
Would we have to give the money back if we don't spend it?

2432
02:17:24.230 --> 02:17:27.040
'Cause I certainly would not want to do that.

2433
02:17:27.040 --> 02:17:29.510
<v ->And so the answer is--</v>
<v ->If it is not</v>

2434
02:17:29.510 --> 02:17:31.040
earmarked for something.

2435
02:17:31.040 --> 02:17:33.780
<v ->The answer is no, the money would not go back.</v>

2436
02:17:33.780 --> 02:17:37.170
The General Appropriations Act sets this requirement

2437
02:17:37.170 --> 02:17:39.690
that you spend your liquidated damages

2438
02:17:39.690 --> 02:17:42.400
within the fiscal year that you receive them

2439
02:17:42.400 --> 02:17:46.210
but the consequences of that is the ledge sweeping the funds

2440
02:17:46.210 --> 02:17:50.730
not that they're returned to the person who paid it.

2441
02:17:50.730 --> 02:17:52.680
However, the Instructional Materials Fund

2442
02:17:52.680 --> 02:17:54.180
is not a fund that gets swept

2443
02:17:54.180 --> 02:17:56.230
so it's not entirely clear to me

2444
02:17:56.230 --> 02:17:58.780
that it would be subject to that.

2445
02:17:58.780 --> 02:18:01.030
However, we've had preliminary discussions

2446
02:18:01.030 --> 02:18:03.772
with our finance persons

2447
02:18:03.772 --> 02:18:07.370
and we believe that the chance

2448
02:18:07.370 --> 02:18:10.510
that this is a problem is very low.

2449
02:18:10.510 --> 02:18:12.710
And even then there is some options

2450
02:18:12.710 --> 02:18:15.950
as long as you do not restrict what that,

2451
02:18:15.950 --> 02:18:19.100
what the liquidated damages can be spent on,

2452
02:18:19.100 --> 02:18:22.050
meaning that they can be spent on all allowable uses

2453
02:18:22.050 --> 02:18:23.950
under the Instructional Material Fund.

2454
02:18:25.460 --> 02:18:26.370
<v Miss Littlee>Thank you.</v>

2455
02:18:32.010 --> 02:18:35.370
<v ->So Miss Melton, you have the motion presented.</v>

2456
02:18:35.370 --> 02:18:38.060
<v ->I do, the Committee on Instruction recommends</v>

2457
02:18:38.060 --> 02:18:40.350
that the State Board of Education establish

2458
02:18:40.350 --> 02:18:42.620
the due date of June 1st, 2020

2459
02:18:42.620 --> 02:18:44.600
for payment of the liquidated damages.

2460
02:18:46.220 --> 02:18:47.053
<v ->Miss Bahorich.</v>

2461
02:18:49.320 --> 02:18:53.350
<v ->Okay, so I, it doesn't seem unreasonable to me</v>

2462
02:18:53.350 --> 02:18:56.610
that we should have a late fee.

2463
02:18:56.610 --> 02:19:00.450
If they don't make the June 1st in spite of promises,

2464
02:19:00.450 --> 02:19:01.900
they don't make the June 1st,

2465
02:19:01.900 --> 02:19:04.200
why can't we do a late fee per day?

2466
02:19:05.230 --> 02:19:08.550
<v ->So if I may address this,</v>

2467
02:19:08.550 --> 02:19:10.500
unless you're like wanting to

2468
02:19:11.480 --> 02:19:14.560
install an addendum to the motion there,

2469
02:19:14.560 --> 02:19:18.650
if they do not meet the June 1st date,

2470
02:19:18.650 --> 02:19:21.318
we would come back to you in your June meeting

2471
02:19:21.318 --> 02:19:24.040
with a series of options that you could take,

2472
02:19:24.040 --> 02:19:26.610
which could include terminating the contract,

2473
02:19:26.610 --> 02:19:31.610
us going to seek the AG to go after this in court,

2474
02:19:33.990 --> 02:19:35.950
or as you'd indicated,

2475
02:19:35.950 --> 02:19:40.000
reassessing, rethinking your liquidated damages.

2476
02:19:40.920 --> 02:19:43.820
And my apologies if I jumped in in too early,

2477
02:19:43.820 --> 02:19:48.820
if you were thinking about amending the motion

2478
02:19:49.010 --> 02:19:50.950
to add late fees.

2479
02:19:50.950 --> 02:19:53.686
<v ->I would declare that I was anticipating</v>

2480
02:19:53.686 --> 02:19:58.661
that we would have an Action Item on your June Agenda,

2481
02:19:58.661 --> 02:20:02.120
so that we can provide an update to the Board

2482
02:20:02.120 --> 02:20:04.960
on whether or not the payment was received

2483
02:20:04.960 --> 02:20:06.810
and provide you with an opportunity

2484
02:20:06.810 --> 02:20:09.710
to take any subsequent action at your June meeting?

2485
02:20:10.810 --> 02:20:12.020
<v ->Well, I would recommend</v>

2486
02:20:12.020 --> 02:20:15.797
that we add the thousand dollar late fee per day now,

2487
02:20:17.280 --> 02:20:20.580
so that it's understood that there will be a late fee.

2488
02:20:20.580 --> 02:20:23.070
And if you don't pay by January, June 1st,

2489
02:20:23.070 --> 02:20:24.190
this is what happens.

2490
02:20:27.510 --> 02:20:28.460
<v ->Is that a motion?</v>

2491
02:20:29.880 --> 02:20:30.713
<v ->Yes.</v>

2492
02:20:31.930 --> 02:20:34.160
<v ->All right, so we have this would be</v>

2493
02:20:35.050 --> 02:20:37.350
an amendment to the motion, correct, Miss Kay?

2494
02:20:39.116 --> 02:20:41.200
All right, so we have an amendment to the motion.

2495
02:20:41.200 --> 02:20:42.490
So we have a second?

2496
02:20:42.490 --> 02:20:43.911
<v ->Second.</v>

2497
02:20:43.911 --> 02:20:45.577
<v ->We have a motion and a second.</v>

2498
02:20:45.577 --> 02:20:46.410
Anyone would like to speak to this?

2499
02:20:46.410 --> 02:20:47.600
I know there's a couple of hands raised,

2500
02:20:47.600 --> 02:20:49.630
if anyone wants speak to this specific.

2501
02:20:49.630 --> 02:20:50.463
Mr. Rowley?

2502
02:20:54.920 --> 02:20:56.060
<v ->Yes, thank you, Mr. Chairman.</v>

2503
02:20:56.060 --> 02:21:01.060
Well, one concern I have about us setting

2504
02:21:01.610 --> 02:21:06.010
that in place right now is,

2505
02:21:08.560 --> 02:21:13.560
we may want to take more stronger action than that.

2506
02:21:15.595 --> 02:21:19.880
I, we wanted to hear from legal about whether

2507
02:21:19.880 --> 02:21:22.650
or not we had the ability to terminate the contract

2508
02:21:23.710 --> 02:21:28.710
and to otherwise extract a larger penalty

2509
02:21:28.853 --> 02:21:33.853
and some type of a more a stronger leverage,

2510
02:21:34.790 --> 02:21:38.260
point of leverage if they chose not to pay?

2511
02:21:39.410 --> 02:21:44.410
So I don't know that I'm in favor of setting it

2512
02:21:44.960 --> 02:21:49.960
at a particular number right now, it may be,

2513
02:21:50.020 --> 02:21:54.180
in my, that if they just virtually ignore us at this point,

2514
02:21:54.180 --> 02:21:56.920
then it may be more than just $1,000 a day.

2515
02:21:57.930 --> 02:21:59.380
Something stronger than that.

2516
02:22:00.240 --> 02:22:04.467
So that's my sense of that.

2517
02:22:04.467 --> 02:22:08.050
And, besides that thousand dollars a day

2518
02:22:08.050 --> 02:22:10.390
is a liquidated damage number.

2519
02:22:10.390 --> 02:22:14.283
And it really isn't relevant now to this question

2520
02:22:14.283 --> 02:22:17.260
because now we're talking about their refusal

2521
02:22:17.260 --> 02:22:22.250
to pay a fine as compared to their refusal

2522
02:22:22.250 --> 02:22:23.950
to come into compliance.

2523
02:22:23.950 --> 02:22:26.124
So there's two different arguments there,

2524
02:22:26.124 --> 02:22:28.610
that I don't think equates necessarily

2525
02:22:28.610 --> 02:22:29.900
to the $1000 a day.

2526
02:22:31.900 --> 02:22:34.000
<v ->Miss Bahorich, you wanna reply to that.</v>

2527
02:22:34.000 --> 02:22:35.160
You hand was up.
<v ->Yeah.</v>

2528
02:22:35.160 --> 02:22:37.631
I wasn't tying the $1000 a day to that,

2529
02:22:37.631 --> 02:22:42.631
the liquidated damage, whatever that,

2530
02:22:44.070 --> 02:22:46.150
what do you say, Mr. Rowley?

2531
02:22:46.150 --> 02:22:49.510
I wasn't trying to make those equal.

2532
02:22:49.510 --> 02:22:51.740
I was suggesting a thousand dollars a day.

2533
02:22:52.780 --> 02:22:55.410
Yeah and then the other question is I have,

2534
02:22:55.410 --> 02:22:57.780
just because you charge a late fee,

2535
02:22:57.780 --> 02:22:59.720
that's understood up front,

2536
02:22:59.720 --> 02:23:02.964
doesn't mean that you preclude any other action.

2537
02:23:02.964 --> 02:23:06.630
But Bon can tell me if that's wrong.

2538
02:23:11.310 --> 02:23:14.110
<v ->Well, I think you you raise an interesting question.</v>

2539
02:23:14.110 --> 02:23:18.480
I'm not sure our contract currently authorizes a late fee.

2540
02:23:18.480 --> 02:23:22.440
So that's something I can't assure you

2541
02:23:22.440 --> 02:23:25.800
that you right now have the authority apply.

2542
02:23:25.800 --> 02:23:28.390
I don't know if there's other general law,

2543
02:23:28.390 --> 02:23:30.940
that would authorize that.

2544
02:23:32.620 --> 02:23:36.390
Which is I think, why the the original thing

2545
02:23:36.390 --> 02:23:38.070
was to come back to you in June

2546
02:23:38.070 --> 02:23:41.360
if they are out of compliance with a series of options

2547
02:23:41.360 --> 02:23:43.880
that you would have to do that.

2548
02:23:45.315 --> 02:23:49.660
And so, Christine, I'm looking to you,

2549
02:23:49.660 --> 02:23:51.450
in case there, I've missed something

2550
02:23:51.450 --> 02:23:54.700
or if you would agree with things that I've said.

2551
02:23:55.620 --> 02:23:57.210
<v ->I agree with what you said.</v>

2552
02:23:57.210 --> 02:24:01.060
And it's and also how Mr. Rowley laid it out,

2553
02:24:01.060 --> 02:24:04.450
where we're looking at a calculation for liquidated damages.

2554
02:24:04.450 --> 02:24:07.730
And this is how we calculated per the terms of the contract.

2555
02:24:07.730 --> 02:24:09.670
The other things is, what do we do

2556
02:24:09.670 --> 02:24:11.780
if they don't pay liquidated damages?

2557
02:24:12.925 --> 02:24:15.329
Miss Monica Martinez discussed

2558
02:24:15.329 --> 02:24:17.400
that that will be on the agenda in June.

2559
02:24:18.300 --> 02:24:21.890
And at that time, we can give you a buffet of options

2560
02:24:23.120 --> 02:24:24.900
that include what happens,

2561
02:24:24.900 --> 02:24:28.698
when we don't keep your promise to the State of Texas.

2562
02:24:28.698 --> 02:24:33.570
We walked through some of those scenarios hypothetically,

2563
02:24:33.570 --> 02:24:36.380
with Mr. Burnett on the phone,

2564
02:24:36.380 --> 02:24:39.160
on the Zoom call from Australia.

2565
02:24:39.160 --> 02:24:43.320
Just hypothetically, it would could include litigation.

2566
02:24:43.320 --> 02:24:46.380
It could include them having to hire a lawyer

2567
02:24:46.380 --> 02:24:48.750
in the United States, specifically in Texas

2568
02:24:48.750 --> 02:24:50.590
while they're based in Australia.

2569
02:24:50.590 --> 02:24:53.850
And those legal fees would be astronomical.

2570
02:24:53.850 --> 02:24:55.650
Hence, it's up to them whether or not,

2571
02:24:55.650 --> 02:24:57.610
they want to make that business decision

2572
02:24:57.610 --> 02:24:59.820
that was laid out in an open meeting.

2573
02:24:59.820 --> 02:25:01.820
And he heard it, I'm pretty sure,

2574
02:25:02.670 --> 02:25:05.450
based on his facial expression.

2575
02:25:05.450 --> 02:25:09.251
So that's something I think we can powerfully address

2576
02:25:09.251 --> 02:25:11.770
in June if they don't pay.

2577
02:25:12.746 --> 02:25:14.770
And he promised to pay before June,

2578
02:25:14.770 --> 02:25:18.130
as soon as he gets the invoice.

2579
02:25:18.130 --> 02:25:22.520
<v ->Mr. Cortez, yes, I call Mr. Cortez, then Mr. Rowley.</v>

2580
02:25:24.124 --> 02:25:25.262
<v ->Thank you, Chair Ellis.</v>

2581
02:25:25.262 --> 02:25:26.095
Yeah, I just wanted to,

2582
02:25:28.405 --> 02:25:31.200
I guess, agree with Member Rowley

2583
02:25:31.200 --> 02:25:36.053
that I don't believe we should add $1,000 a day late fee,

2584
02:25:38.050 --> 02:25:39.570
or we should even be considering that.

2585
02:25:39.570 --> 02:25:44.570
I think because of the infrequency of how often that we meet

2586
02:25:44.634 --> 02:25:47.270
and School District's decision in

2587
02:25:47.270 --> 02:25:49.110
purchasing an instructional material

2588
02:25:49.110 --> 02:25:51.380
in advance of the following is clear.

2589
02:25:51.380 --> 02:25:55.090
Maybe we should just consider now adding language

2590
02:25:55.090 --> 02:25:57.550
that if it's not paid by that deadline,

2591
02:25:57.550 --> 02:26:01.920
that their contract is just put on hold

2592
02:26:01.920 --> 02:26:05.980
and their instructional materials aren't allowed to be sold

2593
02:26:05.980 --> 02:26:09.141
as as one of our approved materials.

2594
02:26:09.141 --> 02:26:13.580
And then we can review any other swifter action

2595
02:26:13.580 --> 02:26:15.190
that we need to in June.

2596
02:26:15.190 --> 02:26:16.810
Because if we do it in June,

2597
02:26:16.810 --> 02:26:19.730
by the time we enact it, by the time this goes on,

2598
02:26:19.730 --> 02:26:22.240
and the length of their contract,

2599
02:26:22.240 --> 02:26:25.530
they've bought themselves through the end of the year

2600
02:26:25.530 --> 02:26:30.340
before we've even heard halted their ability to,

2601
02:26:32.611 --> 02:26:34.830
I mean, this has gone on since 2016.

2602
02:26:34.830 --> 02:26:39.500
They're just now remedying it now, April 17th, 2020.

2603
02:26:40.610 --> 02:26:43.250
I mean, at what point do we draw the line?

2604
02:26:43.250 --> 02:26:48.250
I think we're in a situation right now, where we can

2605
02:26:48.690 --> 02:26:51.610
and as a Board, we have the ability to do so,

2606
02:26:51.610 --> 02:26:53.390
as a function of this Agenda Item,

2607
02:26:53.390 --> 02:26:57.760
I think that 100 some odd thousand,

2608
02:26:57.760 --> 02:26:59.700
is them getting off easy.

2609
02:27:00.930 --> 02:27:05.340
And I think that we should be more swift in our action,

2610
02:27:05.340 --> 02:27:09.400
and I think that rather than $1,000, late fee,

2611
02:27:09.400 --> 02:27:11.490
we should say if it's not paid by then,

2612
02:27:11.490 --> 02:27:15.600
then we suspend your contract until you come into compliance

2613
02:27:15.600 --> 02:27:18.340
and then we figure out what next steps to take in June.

2614
02:27:19.830 --> 02:27:21.120
I don't know if we're able to do that.

2615
02:27:21.120 --> 02:27:22.620
I don't know Vaughn could you.

2616
02:27:24.250 --> 02:27:28.610
<v ->So, your contract has a termination provision</v>

2617
02:27:28.610 --> 02:27:32.460
which they can be terminated, I believe by convenience,

2618
02:27:32.460 --> 02:27:35.818
which means you can just decide to terminate,

2619
02:27:35.818 --> 02:27:38.570
but it does take a 30-day notice.

2620
02:27:40.020 --> 02:27:44.580
<v ->And, that kinda speaks to, make you wonder,</v>

2621
02:27:44.580 --> 02:27:47.360
that kind of speaks to what I'm talking about when,

2622
02:27:47.360 --> 02:27:49.350
if we don't meet till June, when do we meet again?

2623
02:27:49.350 --> 02:27:51.100
We meet in September.

2624
02:27:51.100 --> 02:27:52.850
Are we gonna have a special meeting to do this?

2625
02:27:52.850 --> 02:27:55.370
And if we do it in September, then we give 30-days notice,

2626
02:27:55.370 --> 02:27:58.140
by then they've already sold instructional materials

2627
02:27:58.140 --> 02:27:59.720
for the 2021 School Year.

2628
02:28:00.740 --> 02:28:05.740
If we do this now, and exercise our right to terminate,

2629
02:28:06.826 --> 02:28:11.210
we send a stronger message to any entity

2630
02:28:11.210 --> 02:28:13.730
that is currently out of compliance, if there are any.

2631
02:28:13.730 --> 02:28:15.661
I don't I don't know if there are,

2632
02:28:15.661 --> 02:28:17.609
and if there isn't, then great,

2633
02:28:17.609 --> 02:28:20.982
but at least we'll know moving forward

2634
02:28:20.982 --> 02:28:24.082
that publishers will know not

2635
02:28:24.082 --> 02:28:26.820
to do these sorts of things.

2636
02:28:28.970 --> 02:28:31.440
<v Dr. Ellis>Mr. Rowley, (mumbles)</v>

2637
02:28:31.440 --> 02:28:35.355
<v ->Yes, we deliberately chose that June 1st date,</v>

2638
02:28:35.355 --> 02:28:40.240
in light of the fact that it would give us sufficient time

2639
02:28:40.240 --> 02:28:43.780
to put on the Agenda in July,

2640
02:28:43.780 --> 02:28:47.850
which is that meeting immediately following,

2641
02:28:47.850 --> 02:28:50.060
we have a meeting I think the very last of June,

2642
02:28:50.060 --> 02:28:53.780
in the first time few days of July is the plan right now,

2643
02:28:53.780 --> 02:28:55.880
at that point, we would know number one,

2644
02:28:55.880 --> 02:28:57.823
if this is even an issue?

2645
02:28:57.823 --> 02:29:00.550
According to the CEO, he said, I'll pay it,

2646
02:29:00.550 --> 02:29:02.430
as soon as you send me the invoice.

2647
02:29:02.430 --> 02:29:04.090
So it's probably a moot point.

2648
02:29:04.090 --> 02:29:07.940
But in any event, we would know the circumstances

2649
02:29:07.940 --> 02:29:12.940
under which the liquidated damages was not paid.

2650
02:29:13.610 --> 02:29:16.800
And we would know that in July, for that,

2651
02:29:16.800 --> 02:29:18.483
in time for that July meeting,

2652
02:29:18.483 --> 02:29:21.350
and we could take an appropriate response.

2653
02:29:22.233 --> 02:29:27.233
And I personally am not comfortable today taking an action

2654
02:29:27.840 --> 02:29:31.020
without clearance from legal to say,

2655
02:29:31.020 --> 02:29:32.420
"Yes, if they don't pay this fine.

2656
02:29:32.420 --> 02:29:34.760
"You got the right to suspend the contract."

2657
02:29:34.760 --> 02:29:38.170
I would rather find that out in June.

2658
02:29:38.170 --> 02:29:41.140
And then by that July meeting, make that determination.

2659
02:29:43.160 --> 02:29:44.960
<v ->Mr. Mercer and then Miss Boharich.</v>

2660
02:29:47.050 --> 02:29:47.883
<v ->Thank you, Mr. Chair.</v>

2661
02:29:47.883 --> 02:29:49.840
First thing can you just repeat for all of us

2662
02:29:49.840 --> 02:29:52.810
that the motion on the floor right now, please.

2663
02:29:52.810 --> 02:29:54.560
<v ->Motion on the floor right now is,</v>

2664
02:30:01.840 --> 02:30:02.810
the Committee of Instruction recommends

2665
02:30:02.810 --> 02:30:05.170
to the State Board of Education to assess liquidated damages

2666
02:30:05.170 --> 02:30:07.330
in the amount of $113,494.

2667
02:30:08.630 --> 02:30:10.720
<v ->Are we debate--</v>
<v ->no, I'm sorry,</v>

2668
02:30:10.720 --> 02:30:11.780
I think it's the June 1st.

2669
02:30:11.780 --> 02:30:15.340
<v ->Mr. Chair, we're at the June 1 deadline.</v>

2670
02:30:15.340 --> 02:30:17.140
<v ->I'm sorry, I'm sorry.</v>

2671
02:30:19.060 --> 02:30:19.960
Did you have that?

2672
02:30:20.810 --> 02:30:23.180
<v ->I do, the Committee on Instruction recommends</v>

2673
02:30:23.180 --> 02:30:25.770
that the State Board of Education establish a due date

2674
02:30:25.770 --> 02:30:29.680
of June 1st, 2020, for payment of the liquidated damages.

2675
02:30:33.260 --> 02:30:35.400
<v ->Point of parliamentary inquiry.</v>

2676
02:30:35.400 --> 02:30:36.700
<v ->Rowley.</v>

2677
02:30:36.700 --> 02:30:39.220
<v ->So did Miss Bahorich, Member Bahorich,</v>

2678
02:30:39.220 --> 02:30:43.870
not make a motion to add $1,000 a day.

2679
02:30:47.720 --> 02:30:50.200
Damages or additional imposition of a--

2680
02:30:50.200 --> 02:30:51.620
<v Dr. Ellis>Sorry you're correct.</v>

2681
02:30:51.620 --> 02:30:53.320
<v Miss Melton>She did.</v>

2682
02:30:53.320 --> 02:30:55.370
Can I amend my motion?

2683
02:30:55.370 --> 02:30:56.710
<v ->Well, let me get back to that,</v>

2684
02:30:56.710 --> 02:30:58.190
that's what I'm talking about,

2685
02:30:58.190 --> 02:31:00.190
make sure we know what we're debating right now.

2686
02:31:00.190 --> 02:31:01.220
That's my first question,

2687
02:31:01.220 --> 02:31:06.020
but, and thank you for what, with Pam and Reuben and Mark,

2688
02:31:06.020 --> 02:31:07.290
the whole committee suggested,

2689
02:31:07.290 --> 02:31:09.540
a lot of the background behind it.

2690
02:31:09.540 --> 02:31:11.690
I understand that Mr. Rowley is coming from particularly

2691
02:31:11.690 --> 02:31:14.460
in the yield Ivana and Christine right now too,

2692
02:31:14.460 --> 02:31:16.540
because we have June 1st,

2693
02:31:16.540 --> 02:31:19.230
we're looking back for a report from the committee.

2694
02:31:19.230 --> 02:31:21.980
Did we, be it Zoom from Australia?

2695
02:31:21.980 --> 02:31:23.640
And Christine, you're right,

2696
02:31:23.640 --> 02:31:26.520
the legal expenses of thousand dollars would probably be,

2697
02:31:26.520 --> 02:31:28.680
you would, quote, settle out of court, I guess,

2698
02:31:28.680 --> 02:31:31.680
if that's the right term, it'll be cheaper to pay that fine.

2699
02:31:31.680 --> 02:31:34.180
But do we already have an agreement right now

2700
02:31:34.180 --> 02:31:38.020
with a publisher that we're gonna see by June 1, or do we,

2701
02:31:38.020 --> 02:31:41.060
as Mr. Rowley alluded to, we already had,

2702
02:31:41.060 --> 02:31:42.380
could be a moot point.

2703
02:31:42.380 --> 02:31:44.677
If they pay it right away, is it done?

2704
02:31:44.677 --> 02:31:47.330
Or can we asses further damages?

2705
02:31:48.960 --> 02:31:50.520
<v Miss Melton>Mr. Chair.</v>

2706
02:31:50.520 --> 02:31:51.766
<v Dr. Ellis>Miss Melton.</v>

2707
02:31:51.766 --> 02:31:52.860
<v Miss Melton>Go ahead, Christine.</v>

2708
02:31:52.860 --> 02:31:54.480
<v ->So to answer Mr. Mercer.</v>

2709
02:31:55.750 --> 02:31:59.620
If they, do we have an agreement right now?

2710
02:31:59.620 --> 02:32:01.825
and we'll get back to that question.

2711
02:32:01.825 --> 02:32:06.090
I think once we get the approval from the Board today,

2712
02:32:06.090 --> 02:32:09.040
and I think we've already approved liquidated damages,

2713
02:32:09.040 --> 02:32:11.430
we need the date in which they have to pay it,

2714
02:32:11.430 --> 02:32:13.690
then we can have communication with a publisher,

2715
02:32:13.690 --> 02:32:16.480
or these are the terms we need you to

2716
02:32:16.480 --> 02:32:18.150
then execute on these terms.

2717
02:32:19.748 --> 02:32:22.130
Does that answer your question?

2718
02:32:22.130 --> 02:32:24.510
<v ->Well, I thought we had a term right now, 113,000.</v>

2719
02:32:24.510 --> 02:32:28.410
We're looking day to communicate back, here's the date.

2720
02:32:28.410 --> 02:32:30.110
And Staff, at the next meeting.

2721
02:32:30.110 --> 02:32:31.010
Staff will tell us,

2722
02:32:31.010 --> 02:32:32.900
Monica will tell us the progress of that.

2723
02:32:32.900 --> 02:32:34.350
Was it done or not?

2724
02:32:34.350 --> 02:32:36.470
And to Mr. Rowley's thinking, it could be a moot point,

2725
02:32:36.470 --> 02:32:38.310
they've already given us a timeframe.

2726
02:32:38.310 --> 02:32:42.000
We say June 1st, they paid it five o'clock on Monday.

2727
02:32:42.000 --> 02:32:43.450
Are we done or is--

2728
02:32:43.450 --> 02:32:44.850
<v Christine>Yes.</v>

2729
02:32:44.850 --> 02:32:46.830
<v ->I don't want, if we have an agreement,</v>

2730
02:32:46.830 --> 02:32:50.273
be it verbally through Zoom, you should--

2731
02:32:52.714 --> 02:32:57.714
<v ->Well, I wanna be careful, like there is no agreement.</v>

2732
02:32:59.320 --> 02:33:01.890
And this is, you all debating

2733
02:33:01.890 --> 02:33:04.510
under the terms of your contract,

2734
02:33:04.510 --> 02:33:07.900
whether to pursue liquidated damages.

2735
02:33:07.900 --> 02:33:11.650
Now, you have an oddity because we are a public entity

2736
02:33:11.650 --> 02:33:13.230
and you had a public meeting

2737
02:33:13.230 --> 02:33:15.680
and the person was there,

2738
02:33:15.680 --> 02:33:18.728
and you had conversations with them,

2739
02:33:18.728 --> 02:33:22.430
and then they have verbally told us what they would do.

2740
02:33:23.834 --> 02:33:28.760
But, and I mean, until a couple of minutes ago,

2741
02:33:28.760 --> 02:33:31.000
this body had not made a determination

2742
02:33:31.000 --> 02:33:33.900
on what the damages were, there was just a recommendation.

2743
02:33:34.950 --> 02:33:37.840
<v ->Okay, that's 113k, is that correct?</v>

2744
02:33:37.840 --> 02:33:42.400
<v ->Yes, but if you all adopted June 1 deadline,</v>

2745
02:33:42.400 --> 02:33:46.820
and you adopt 113,000, which you already have,

2746
02:33:46.820 --> 02:33:48.810
and then they pay for it,

2747
02:33:48.810 --> 02:33:51.570
then we will tell you that they complied

2748
02:33:51.570 --> 02:33:54.000
with your directive.

2749
02:33:54.000 --> 02:33:55.314
<v ->That's what I'm asking.</v>

2750
02:33:55.314 --> 02:33:57.205
<v ->Yeah, and then if they don't,</v>

2751
02:33:57.205 --> 02:33:59.932
then we will come to you with options,

2752
02:33:59.932 --> 02:34:02.540
options from terminating the contract,

2753
02:34:02.540 --> 02:34:05.280
options from sending us to ask the AG to go

2754
02:34:05.280 --> 02:34:07.880
and get the money, options to reconsider

2755
02:34:07.880 --> 02:34:11.950
and take a risk you're legal position

2756
02:34:11.950 --> 02:34:13.578
on what the damages are.

2757
02:34:13.578 --> 02:34:18.070
And, at those point, if they've refused to pay, I think,

2758
02:34:18.070 --> 02:34:23.070
then I'm forced to think of this as potential litigation

2759
02:34:23.220 --> 02:34:25.320
and we would have a lot of these conversations,

2760
02:34:25.320 --> 02:34:28.100
where we would give you the risks of pursuit

2761
02:34:28.100 --> 02:34:30.300
and things in a closed meeting

2762
02:34:30.300 --> 02:34:32.660
with consultations with attorney,

2763
02:34:32.660 --> 02:34:34.080
at which point then you would come out

2764
02:34:34.080 --> 02:34:36.602
and make a decision on your pursuit.

2765
02:34:36.602 --> 02:34:38.230
<v ->Mr. Chair?</v>

2766
02:34:38.230 --> 02:34:39.632
<v ->Yes, ma'am.</v>

2767
02:34:39.632 --> 02:34:41.426
<v ->I will say this much.</v>

2768
02:34:41.426 --> 02:34:44.140
This, as we said before, as Christine said,

2769
02:34:44.140 --> 02:34:46.180
the CEO was there yesterday,

2770
02:34:46.180 --> 02:34:47.858
he heard all of these discussions.

2771
02:34:47.858 --> 02:34:51.796
He heard our thoughts and feelings about what has happened.

2772
02:34:51.796 --> 02:34:56.796
And he listened in, as we discuss some of the options.

2773
02:34:57.960 --> 02:35:01.250
And you could, if you can go by facial expression

2774
02:35:01.250 --> 02:35:05.280
and looking at his face yesterday, he got the message.

2775
02:35:05.280 --> 02:35:08.310
I'm pretty sure that we were very serious about this.

2776
02:35:08.310 --> 02:35:11.020
And then we didn't appreciate what had happened.

2777
02:35:11.020 --> 02:35:14.210
So if that helps out any at all,

2778
02:35:15.966 --> 02:35:19.150
I'm just saying that he understands

2779
02:35:19.150 --> 02:35:22.200
that we were very upset at this point.

2780
02:35:22.200 --> 02:35:23.240
<v ->Let's get back.</v>

2781
02:35:23.240 --> 02:35:25.540
I have an amendment to the amendment that says

2782
02:35:26.566 --> 02:35:28.970
that we establish the due date of June 1st 2020,

2783
02:35:28.970 --> 02:35:31.700
for payment of liquidated damages with penalties of $1,000

2784
02:35:31.700 --> 02:35:33.680
if not paid by that date.

2785
02:35:33.680 --> 02:35:35.290
Miss Bahorich.

2786
02:35:35.290 --> 02:35:40.290
<v ->Okay, so what I would like to do is, if I remember,</v>

2787
02:35:40.463 --> 02:35:43.226
Mr. Allen, maybe you can remind me again,

2788
02:35:43.226 --> 02:35:47.130
you you laid out, it was you figured the damages were

2789
02:35:47.130 --> 02:35:51.240
so much a day from a certain time, is that correct?

2790
02:35:51.240 --> 02:35:52.410
That's what I was understanding.

2791
02:35:52.410 --> 02:35:53.760
And that's what I was trying to say,

2792
02:35:53.760 --> 02:35:57.250
the clock starts ticking again, on the amount,

2793
02:35:57.250 --> 02:36:00.120
it's not a late fee, I said it incorrectly.

2794
02:36:00.120 --> 02:36:02.810
It's not a late fee, the clock starts ticking again,

2795
02:36:02.810 --> 02:36:07.810
to continue to add days past the due date.

2796
02:36:08.150 --> 02:36:12.440
So it would just, it's due to lack of response to this.

2797
02:36:12.440 --> 02:36:14.310
And you're right, none of this may,

2798
02:36:14.310 --> 02:36:16.580
it may all be a moot point if they follow through,

2799
02:36:16.580 --> 02:36:19.580
but they hadn't been able to follow through to this point.

2800
02:36:19.580 --> 02:36:23.720
And so my point is, let's continue the clock,

2801
02:36:23.720 --> 02:36:26.230
starting on June 1, make that very clear,

2802
02:36:26.230 --> 02:36:27.980
'cause I don't think that's gonna preclude anything

2803
02:36:27.980 --> 02:36:31.040
that happens as a result of us getting together in June.

2804
02:36:31.040 --> 02:36:33.210
The fact that we started the clock again,

2805
02:36:33.210 --> 02:36:35.430
due to lack of non-responses.

2806
02:36:35.430 --> 02:36:38.182
<v Mr. Rowley>Yeah, well, Mr. Chair.</v>

2807
02:36:38.182 --> 02:36:39.250
<v ->Yes.</v>

2808
02:36:39.250 --> 02:36:40.810
<v ->I'll respond to that, yeah, well,</v>

2809
02:36:40.810 --> 02:36:45.810
so my concern with the amendment is that

2810
02:36:48.760 --> 02:36:52.720
it's based upon circumstances that we don't know.

2811
02:36:53.740 --> 02:36:58.040
That may exist at the, as of June 2nd.

2812
02:36:59.020 --> 02:37:02.560
And so my concern is if you say,

2813
02:37:02.560 --> 02:37:05.106
"Okay, let's assess $1,000 a day

2814
02:37:05.106 --> 02:37:10.106
"for their refusal, in the event they refused to pay."

2815
02:37:11.272 --> 02:37:13.755
That may not be severe enough for me.

2816
02:37:13.755 --> 02:37:17.180
I mean, after all we've gone through and I agree,

2817
02:37:17.180 --> 02:37:19.060
and I understand the sentiment of,

2818
02:37:19.060 --> 02:37:21.850
certainly my committee, fellow committee members

2819
02:37:21.850 --> 02:37:24.793
and now of the Board, that $113,494,

2820
02:37:27.030 --> 02:37:28.880
I mean, that's quite a bit of money,

2821
02:37:28.880 --> 02:37:33.670
but it's it, maybe it's not enough money to,

2822
02:37:33.670 --> 02:37:35.320
in some of your minds.

2823
02:37:36.578 --> 02:37:41.100
And if they refuse to pay, I would want to take

2824
02:37:41.100 --> 02:37:45.280
much more severe, drastic action than $1,000 a day.

2825
02:37:46.300 --> 02:37:49.820
And so, and I don't wanna have to back up from that

2826
02:37:49.820 --> 02:37:54.620
because I don't know about the binding nature

2827
02:37:54.620 --> 02:37:56.080
of a vote today.

2828
02:37:56.080 --> 02:37:59.324
Let's say that we say, "Okay, all in favor of the amendment,

2829
02:37:59.324 --> 02:38:00.640
"we are we're in favor of that a $1000 a day,"

2830
02:38:00.640 --> 02:38:02.206
and they don't pay.

2831
02:38:02.206 --> 02:38:03.732
And not only do they don't pay, they say,

2832
02:38:03.732 --> 02:38:06.910
never mind, we're not gonna have anything to do with you.

2833
02:38:06.910 --> 02:38:08.410
Well in that instance,

2834
02:38:08.410 --> 02:38:11.538
$1,000 a day is not enough in my mind.

2835
02:38:11.538 --> 02:38:13.366
At that point, I'm saying,

2836
02:38:13.366 --> 02:38:15.601
"Look, we suspend this contract."

2837
02:38:15.601 --> 02:38:20.601
And we even look at, if it's possible, divulging

2838
02:38:21.020 --> 02:38:25.440
or divesting them of some of the profits

2839
02:38:25.440 --> 02:38:28.850
that they made from October of 2016 until now.

2840
02:38:29.797 --> 02:38:34.797
I just don't wanna restrict us to a to a course of action

2841
02:38:36.560 --> 02:38:39.090
based upon circumstances that we have no idea

2842
02:38:39.090 --> 02:38:41.340
what they're going to be, as of June 2.

2843
02:38:42.622 --> 02:38:45.320
And then the second point is, I believe Mr. Burnett

2844
02:38:45.320 --> 02:38:48.430
was sincere he'll writes a check in return mail

2845
02:38:49.456 --> 02:38:52.350
'cause he's wanting to get this thing rectified.

2846
02:38:52.350 --> 02:38:54.400
But that's my concern with the amendment.

2847
02:38:55.370 --> 02:38:58.350
<v ->So let's focus on this amendment then,</v>

2848
02:38:58.350 --> 02:38:59.183
is there (clears throat),

2849
02:38:59.183 --> 02:39:00.600
still your intention to move forward

2850
02:39:00.600 --> 02:39:03.530
with this amendment, the amendment Miss Bahorich?

2851
02:39:03.530 --> 02:39:05.940
<v ->Yes, but I'm probably not, I don't want to say late fee.</v>

2852
02:39:05.940 --> 02:39:07.520
That's not what I'm trying to do here.

2853
02:39:07.520 --> 02:39:09.750
I'm trying to let them understand

2854
02:39:09.750 --> 02:39:14.290
that whatever our calculation was to get to the per day rate

2855
02:39:14.290 --> 02:39:18.240
that we charge them, that we would start the calendar again,

2856
02:39:18.240 --> 02:39:20.110
on collecting dates.

2857
02:39:20.110 --> 02:39:21.930
And so I don't know how to say that

2858
02:39:21.930 --> 02:39:23.250
with the right terminology,

2859
02:39:23.250 --> 02:39:27.340
Vaughn maybe you could help me with that.

2860
02:39:27.340 --> 02:39:30.920
<v ->Yeah, I think your your amendment would be to</v>

2861
02:39:32.750 --> 02:39:36.220
restart the liquidated damages calculation

2862
02:39:38.960 --> 02:39:41.810
following, on June 2nd.

2863
02:39:41.810 --> 02:39:46.060
<v ->Maybe continue then liquidated damages, or yeah, continue</v>

2864
02:39:46.060 --> 02:39:48.390
'cause now you are not restarting, right?

2865
02:39:51.410 --> 02:39:54.530
Okay, continue on the

2866
02:39:57.610 --> 02:40:00.300
liquidated damages would begin again,

2867
02:40:00.300 --> 02:40:02.400
on top of what we already approved.

2868
02:40:02.400 --> 02:40:04.910
Well, I don't know how to say that right.

2869
02:40:04.910 --> 02:40:07.220
<v Vaughn>Are you going to consider all of the time</v>

2870
02:40:07.220 --> 02:40:09.907
between now and June 2nd?
<v ->No, just the past,</v>

2871
02:40:09.907 --> 02:40:14.907
just past that June 1st, if they make the June 1st date.

2872
02:40:14.923 --> 02:40:19.923
<v ->So maybe shall add an additional day of liquidated damages</v>

2873
02:40:21.280 --> 02:40:25.610
for each day past June 1st.

2874
02:40:27.420 --> 02:40:31.247
That they fail to pay,

2875
02:40:33.750 --> 02:40:35.900
they'll do deliver their check or whatever.

2876
02:40:37.660 --> 02:40:40.300
<v Dr. Ellis>So Staff can--</v>
<v ->I don't, yeah, Miss Kay,</v>

2877
02:40:40.300 --> 02:40:42.560
I don't know if you can translate that.

2878
02:40:43.869 --> 02:40:45.544
(Vaughn chuckles)

2879
02:40:45.544 --> 02:40:46.894
'Cause they have to see it.

2880
02:40:48.221 --> 02:40:49.592
<v ->Is there, (Ellis clears throat)</v>

2881
02:40:49.592 --> 02:40:52.022
Is there a second to the motion of Miss Bahorich

2882
02:40:52.022 --> 02:40:53.222
as noted by Vaughn Byer?

2883
02:40:58.686 --> 02:41:01.503
Is that a hand raise or a second Miss Perez?

2884
02:41:02.584 --> 02:41:04.064
<v Miss Perez>It was a second motion,</v>

2885
02:41:04.064 --> 02:41:05.359
but I have a question.

2886
02:41:05.359 --> 02:41:06.910
<v Dr. Ellis>The motion is seconded,</v>

2887
02:41:06.910 --> 02:41:08.416
would you like to speak to that--

2888
02:41:08.416 --> 02:41:09.440
<v Man>How can you second it?</v>

2889
02:41:10.570 --> 02:41:11.610
<v ->Miss Perez.</v>

2890
02:41:13.380 --> 02:41:14.930
<v Member>Miss Perez seconded.</v>

2891
02:41:17.907 --> 02:41:20.070
<v ->During our meeting yesterday,</v>

2892
02:41:20.070 --> 02:41:24.723
Miss little explained to us about the timeline

2893
02:41:24.723 --> 02:41:29.670
when School Districts start to spend the bulk of their money

2894
02:41:29.670 --> 02:41:31.380
being over the Summer.

2895
02:41:31.380 --> 02:41:36.380
And so my concern is that we have given this publisher

2896
02:41:38.070 --> 02:41:40.380
the ability to pay

2897
02:41:40.380 --> 02:41:45.380
or the invitation to pay or request by June 1st.

2898
02:41:45.930 --> 02:41:50.930
If this publisher chooses to remain out of compliance,

2899
02:41:51.000 --> 02:41:52.975
not paid by June 1st,

2900
02:41:52.975 --> 02:41:55.710
and the contract remains in place,

2901
02:41:55.710 --> 02:41:58.248
doesn't that mean that School Districts

2902
02:41:58.248 --> 02:42:01.030
can continue to participate in business with this publisher

2903
02:42:01.030 --> 02:42:03.377
while they remain out of compliance

2904
02:42:03.377 --> 02:42:06.490
during the Summer months where School Districts spend

2905
02:42:06.490 --> 02:42:08.740
the bulk of their money on textbooks,

2906
02:42:10.110 --> 02:42:14.360
and afraid that that June 1st date, it is,

2907
02:42:14.360 --> 02:42:19.010
leaves too many windows of opportunity open for a publisher

2908
02:42:19.010 --> 02:42:24.010
that, again, already has a $10 million business in Texas

2909
02:42:24.510 --> 02:42:26.340
while remaining out of compliance.

2910
02:42:29.008 --> 02:42:32.430
And so my concern is, is that June date too far away,

2911
02:42:32.430 --> 02:42:35.250
because what I don't want to see is this publisher miss

2912
02:42:35.250 --> 02:42:37.650
that June date, we try to go back

2913
02:42:37.650 --> 02:42:39.580
and assess any kind of liquidation

2914
02:42:39.580 --> 02:42:42.200
and damages and penalties or whatever,

2915
02:42:42.200 --> 02:42:45.980
but School Districts are still purchasing materials

2916
02:42:45.980 --> 02:42:49.020
from from this non-compliant publisher in the meantime.

2917
02:42:50.740 --> 02:42:52.090
<v Miss Kay>So Miss Perez, a couple of things</v>

2918
02:42:52.090 --> 02:42:53.420
in response to that.

2919
02:42:53.420 --> 02:42:56.310
Number one, remember these are math materials.

2920
02:42:56.310 --> 02:42:58.499
<v Dr. Ellis>Miss Martinez, before you chime in.</v>

2921
02:42:58.499 --> 02:42:59.332
(clears throat)

2922
02:42:59.332 --> 02:43:01.096
I do have to step out for just a minute,

2923
02:43:01.096 --> 02:43:04.620
I'm gonna turn the gavel over to Mr. Rowley.

2924
02:43:04.620 --> 02:43:06.830
<v Miss Kay>So most Districts will,</v>

2925
02:43:06.830 --> 02:43:09.959
already have purchased their math materials.

2926
02:43:09.959 --> 02:43:14.570
They pretty much track with your proclamations.

2927
02:43:14.570 --> 02:43:16.450
And as you know, right now,

2928
02:43:16.450 --> 02:43:19.040
the focus is on purchasing materials

2929
02:43:19.040 --> 02:43:21.780
for your Revised Reading Language Arts standards.

2930
02:43:21.780 --> 02:43:25.216
So that's something to keep in mind that this is math.

2931
02:43:25.216 --> 02:43:28.107
I think the other thing that's important to note is,

2932
02:43:28.107 --> 02:43:32.160
even if you terminate the contract with this publisher,

2933
02:43:32.160 --> 02:43:34.860
a District could still choose to purchase their material.

2934
02:43:34.860 --> 02:43:36.350
<v Miss Perez>Exactly.</v>

2935
02:43:36.350 --> 02:43:39.540
<v Miss Kay>No, I know that that June 1st date</v>

2936
02:43:39.540 --> 02:43:43.530
is necessarily going to have the result

2937
02:43:43.530 --> 02:43:46.530
and the outcome that you just described,

2938
02:43:46.530 --> 02:43:48.870
because there's probably not likely

2939
02:43:48.870 --> 02:43:52.210
a lot of business to be had for math materials

2940
02:43:52.210 --> 02:43:54.780
in the next what is that?

2941
02:43:56.340 --> 02:43:58.630
Less than two months, I mean, we're talking June 1st is

2942
02:43:58.630 --> 02:43:59.890
about six weeks away.

2943
02:44:02.990 --> 02:44:04.930
<v Vaughn>And if I can add,</v>

2944
02:44:05.960 --> 02:44:09.490
so we're in the middle of April, for June 1st,

2945
02:44:09.490 --> 02:44:11.080
we're a little over 30 days.

2946
02:44:11.080 --> 02:44:14.580
30 days is generally a very minimum

2947
02:44:14.580 --> 02:44:18.622
that you do for some type of accounting maneuvers.

2948
02:44:18.622 --> 02:44:23.410
I'm just worried with the actual impact in operations

2949
02:44:23.410 --> 02:44:27.409
that the agency has had to shorten that

2950
02:44:27.409 --> 02:44:31.720
too much may make it difficult for us to actually

2951
02:44:34.150 --> 02:44:35.950
go through the process.

2952
02:44:35.950 --> 02:44:37.910
<v Mr. Rowley>Okay, members, remember right now</v>

2953
02:44:37.910 --> 02:44:42.910
we're discussing the amendment to the June 1st date,

2954
02:44:44.910 --> 02:44:46.810
which is in red there,

2955
02:44:46.810 --> 02:44:49.610
and shall add an additional day of liquidated damages

2956
02:44:49.610 --> 02:44:53.810
of $1,000 per day, for each day after June 1st, 2020,

2957
02:44:53.810 --> 02:44:55.900
if not paid by that date.

2958
02:44:55.900 --> 02:44:58.390
So I have Mr. Maynard, Miss Cargill,

2959
02:44:58.390 --> 02:44:59.540
and then Miss Boharich.

2960
02:45:04.568 --> 02:45:06.323
(clears throat)

2961
02:45:06.323 --> 02:45:07.156
<v Mr. Maynard>Excuse me,</v>

2962
02:45:07.156 --> 02:45:10.253
so the discussion is on the amendment.

2963
02:45:10.253 --> 02:45:13.340
And in the amendment, as I understand it,

2964
02:45:14.310 --> 02:45:19.310
basically prescribes a continuation of liquidated damages.

2965
02:45:22.010 --> 02:45:23.770
<v Mr. Rowley>Yes sir, that's correct.</v>

2966
02:45:23.770 --> 02:45:26.447
<v Mr. Maynard>And, Mr. Chairman, is that,</v>

2967
02:45:26.447 --> 02:45:28.230
I'm just asking you,

2968
02:45:28.230 --> 02:45:30.240
I know you're now the presiding officer

2969
02:45:31.918 --> 02:45:32.751
and you're supposed to be fair and impartial

2970
02:45:32.751 --> 02:45:33.710
and not really take a take a position.

2971
02:45:33.710 --> 02:45:36.290
But I'm asking you this not as as the Chair,

2972
02:45:36.290 --> 02:45:38.410
as presiding officer currently,

2973
02:45:38.410 --> 02:45:39.970
but as a member of the committee.

2974
02:45:41.450 --> 02:45:43.150
But it is your position

2975
02:45:44.197 --> 02:45:48.300
that we don't necessarily want to prescribe that

2976
02:45:48.300 --> 02:45:51.520
or we want to wait and see what happens?

2977
02:45:51.520 --> 02:45:53.410
Versus going ahead and then prescribing,

2978
02:45:53.410 --> 02:45:55.080
is that your position?

2979
02:45:55.080 --> 02:45:57.370
<v Mr. Rowley>Yes sir, it is.</v>

2980
02:45:57.370 --> 02:45:59.630
<v Mr. Maynard>That's what I need to know, thank you.</v>

2981
02:45:59.630 --> 02:46:01.540
<v Mr. Rowley>Miss Cargill?</v>

2982
02:46:01.540 --> 02:46:04.040
<v Miss Cargill>My, I have a question,</v>

2983
02:46:05.330 --> 02:46:09.550
if we do vote on this amendment for the $1000 a day,

2984
02:46:10.810 --> 02:46:15.100
does that mean that we can't, at the June July meeting,

2985
02:46:15.100 --> 02:46:18.750
come back, if the publisher does not pay,

2986
02:46:20.080 --> 02:46:21.610
will this limit is from going back

2987
02:46:21.610 --> 02:46:23.220
and changing it to a higher,

2988
02:46:25.590 --> 02:46:28.810
more of a penalty, or is this the cap?

2989
02:46:32.322 --> 02:46:34.760
<v Mr. Rowley>I guess Miss Cruz,</v>

2990
02:46:35.731 --> 02:46:38.841
you might be able to give us that,

2991
02:46:38.841 --> 02:46:41.018
some insight on that.

2992
02:46:41.018 --> 02:46:46.018
Would it be, would it require a motion to reconsider?

2993
02:46:46.160 --> 02:46:48.690
Meaning someone who voted on the prevailing side,

2994
02:46:49.530 --> 02:46:52.470
would have to reconsider this action,

2995
02:46:52.470 --> 02:46:54.030
if that were the case?

2996
02:46:54.030 --> 02:46:55.420
<v Miss Cruz>So your next meeting,</v>

2997
02:46:55.420 --> 02:46:57.480
reconsidered will be out of reach,

2998
02:46:57.480 --> 02:47:01.240
reconsider can only take place at the same day,

2999
02:47:01.240 --> 02:47:03.590
or if the body's meeting over multiple days,

3000
02:47:03.590 --> 02:47:05.550
the very next day,

3001
02:47:05.550 --> 02:47:08.400
but it would be eligible to be rescinded

3002
02:47:08.400 --> 02:47:12.360
or to amend something previously adopted.

3003
02:47:12.360 --> 02:47:15.320
Now, those are the parliamentary answers.

3004
02:47:15.320 --> 02:47:17.310
There may be other issues

3005
02:47:17.310 --> 02:47:19.471
because you were talking about a contract

3006
02:47:19.471 --> 02:47:22.480
and legal issues to which I would of course,

3007
02:47:22.480 --> 02:47:26.320
always defer to my friends in the legal department.

3008
02:47:27.789 --> 02:47:30.660
<v Mr. Rowley>Mr. Byer, do you want to address</v>

3009
02:47:30.660 --> 02:47:33.430
the effect of us passing this

3010
02:47:33.430 --> 02:47:36.530
and then taking for an action in the future

3011
02:47:36.530 --> 02:47:38.800
from a contractual standpoint?

3012
02:47:38.800 --> 02:47:42.280
And by the way, I don't have the capability, Monica,

3013
02:47:42.280 --> 02:47:44.820
I might ask you (mumbles)

3014
02:47:44.820 --> 02:47:48.450
lower people's hands after I call on them, right?

3015
02:47:48.450 --> 02:47:50.250
Because I don't think I can do that.

3016
02:47:52.790 --> 02:47:54.500
Like Mr. Maynard, for example.

3017
02:47:56.990 --> 02:47:57.840
Right, thank you.

3018
02:47:59.170 --> 02:48:02.254
<v Vaughn>Well, so as I said before,</v>

3019
02:48:02.254 --> 02:48:05.110
so I can't say with 100% certainty,

3020
02:48:05.110 --> 02:48:07.780
but Christine will pipe up,

3021
02:48:07.780 --> 02:48:10.459
if she sees me leading us astray.

3022
02:48:10.459 --> 02:48:14.150
This is not an agreement with the other side,

3023
02:48:14.150 --> 02:48:18.009
this is what you are telling us to go tell them,

3024
02:48:18.009 --> 02:48:20.390
"This is what we expect.

3025
02:48:20.390 --> 02:48:23.174
"And if you don't comply with this,

3026
02:48:23.174 --> 02:48:28.174
"then we will pursue additional legal recourse."

3027
02:48:29.380 --> 02:48:33.720
So I don't believe it is binding until

3028
02:48:33.720 --> 02:48:36.710
and unless they actually comply,

3029
02:48:36.710 --> 02:48:41.710
because now we have someone kind of accepting the offer

3030
02:48:42.371 --> 02:48:44.000
and taking in action.

3031
02:48:44.000 --> 02:48:49.000
So let's say they don't pay on June 1st,

3032
02:48:49.010 --> 02:48:51.490
but they show up on June 3,

3033
02:48:51.490 --> 02:48:53.380
and they pay 113,000

3034
02:48:53.380 --> 02:48:56.320
and they add 2000 to it.

3035
02:48:56.320 --> 02:48:59.860
Now, you may, in fact be in a binding situation.

3036
02:48:59.860 --> 02:49:02.740
If we come to your meeting at the end of July,

3037
02:49:02.740 --> 02:49:04.110
and we are the end of June

3038
02:49:04.110 --> 02:49:06.950
and we tell you, "They didn't pay on June 1,

3039
02:49:06.950 --> 02:49:09.920
"and they haven't paid anything up to then,

3040
02:49:09.920 --> 02:49:12.660
"then I believe you would be able

3041
02:49:12.660 --> 02:49:15.590
"to reconsider what you want to pursue."

3042
02:49:17.350 --> 02:49:19.460
<v Mr. Rowley>If I'm understanding what you're saying,</v>

3043
02:49:19.460 --> 02:49:24.230
then, if they paid on June the fifth,

3044
02:49:25.720 --> 02:49:28.160
then the most we could get from them

3045
02:49:28.160 --> 02:49:33.160
would be additional four, $5,000, that's it, right?

3046
02:49:35.370 --> 02:49:36.483
<v Vaughn>That that is what I believe would happen.</v>

3047
02:49:36.483 --> 02:49:40.900
And Christine, since we have this on the thing,

3048
02:49:40.900 --> 02:49:43.170
I can't see your face, I don't know if you would agree

3049
02:49:43.170 --> 02:49:47.410
or if you're desperately saying what I'm saying is wrong.

3050
02:49:47.410 --> 02:49:49.910
But at that point, we do have an offer

3051
02:49:49.910 --> 02:49:52.360
and we have an acceptance and we have performance.

3052
02:49:52.360 --> 02:49:55.240
So I do believe that they could make this,

3053
02:49:55.240 --> 02:49:58.570
they could take the position that the issue is settled,

3054
02:49:58.570 --> 02:50:00.570
because they performed in compliance

3055
02:50:00.570 --> 02:50:03.560
with what you said would be accepted.

3056
02:50:03.560 --> 02:50:06.050
<v Mr. Rowley>And having missed our June 1st,</v>

3057
02:50:06.050 --> 02:50:10.840
they would be off the hook for just $1,000 a day?

3058
02:50:10.840 --> 02:50:12.370
<v Vaughn>Correct.</v>

3059
02:50:12.370 --> 02:50:14.720
<v Christine>I've been waving my hand.</v>

3060
02:50:14.720 --> 02:50:16.560
<v Mr. Rowley>Sorry, I can't see, I'm sorry.</v>

3061
02:50:16.560 --> 02:50:18.550
<v Christine>Yeah, because we have a screen share,</v>

3062
02:50:18.550 --> 02:50:20.590
I'm not sure.

3063
02:50:20.590 --> 02:50:23.920
So one thing I want folks to be mindful of, again,

3064
02:50:23.920 --> 02:50:26.850
is that liquidated damages does not equal,

3065
02:50:26.850 --> 02:50:29.820
a fee, a fine, a penalty.

3066
02:50:29.820 --> 02:50:32.300
So having a discussion about a late fee,

3067
02:50:32.300 --> 02:50:35.310
a late penalty is not consistent

3068
02:50:35.310 --> 02:50:37.600
and in harmony with what liquidated damages

3069
02:50:37.600 --> 02:50:40.750
are supposed to be, which is a reasonable estimate

3070
02:50:40.750 --> 02:50:43.800
to make you whole based on that breach period

3071
02:50:43.800 --> 02:50:45.670
until the breach was remedied.

3072
02:50:45.670 --> 02:50:50.601
So one form of remedies is specific performance.

3073
02:50:50.601 --> 02:50:52.750
You can argue that they did that

3074
02:50:52.750 --> 02:50:54.090
because they have the corrections

3075
02:50:54.090 --> 02:50:55.440
and we've approved it.

3076
02:50:55.440 --> 02:50:57.320
Another form of remedy is,

3077
02:50:57.320 --> 02:50:59.630
what does that cost look like?

3078
02:50:59.630 --> 02:51:03.150
And then it could be argued $113,000 a day.

3079
02:51:03.150 --> 02:51:05.930
If you're looking at, what do we want to assess them,

3080
02:51:05.930 --> 02:51:07.870
if they don't pay on time?

3081
02:51:07.870 --> 02:51:10.180
That's a different conversation.

3082
02:51:10.180 --> 02:51:12.210
It shouldn't also be looped

3083
02:51:12.210 --> 02:51:15.510
into what liquidated damages should be.

3084
02:51:15.510 --> 02:51:16.990
So to have a liquidated damages,

3085
02:51:16.990 --> 02:51:20.920
and then have an additional tack on, of a late fee.

3086
02:51:20.920 --> 02:51:23.160
I just don't want someone to say,

3087
02:51:23.160 --> 02:51:25.160
now you're treating liquidated damages

3088
02:51:25.160 --> 02:51:26.920
as a fee, as a penalty

3089
02:51:26.920 --> 02:51:30.361
and now we've undermined what we've been trying to do

3090
02:51:30.361 --> 02:51:33.500
to make this enforceable.

3091
02:51:35.020 --> 02:51:36.350
<v Mr. Rowley>Okay, Kay and Miss Cruz,</v>

3092
02:51:36.350 --> 02:51:38.710
can I ask you, members, it's okay.

3093
02:51:38.710 --> 02:51:42.130
I think we've all know the gist of the motion.

3094
02:51:42.130 --> 02:51:45.617
Can we maybe take down that screen share so that I can see.

3095
02:51:45.617 --> 02:51:49.550
Thank you, so I can see the other members

3096
02:51:49.550 --> 02:51:52.673
and Miss Boharich, you've had your hand up for a while.

3097
02:51:54.600 --> 02:51:57.570
<v ->So what I'm hearing, Vaughn say</v>

3098
02:51:57.570 --> 02:52:01.668
and Christine is that, if we take this action now,

3099
02:52:01.668 --> 02:52:05.930
that, you're saying that might be considered the only action

3100
02:52:05.930 --> 02:52:07.583
that we could take,

3101
02:52:07.583 --> 02:52:10.500
and therefore we're gonna be stuck,

3102
02:52:10.500 --> 02:52:12.744
'cause I didn't think every preclude.

3103
02:52:12.744 --> 02:52:17.410
<v ->I think we've laid out two potential risk</v>

3104
02:52:17.410 --> 02:52:21.690
which, by the way, we're happy to accept those risks

3105
02:52:21.690 --> 02:52:24.590
and pursue if that's the determination of the Board,

3106
02:52:24.590 --> 02:52:26.040
but two potential risks.

3107
02:52:26.880 --> 02:52:31.880
One is the shape and form of this sounds like a penalty

3108
02:52:33.540 --> 02:52:35.420
and could be argued that it's a penalty

3109
02:52:35.420 --> 02:52:37.150
rather than a damage

3110
02:52:37.150 --> 02:52:40.810
and as you said, liquidated damages have to be reasonable

3111
02:52:40.810 --> 02:52:42.030
and reflect that.

3112
02:52:42.030 --> 02:52:45.660
So that is a risk of of pursuing something like this,

3113
02:52:45.660 --> 02:52:47.460
but we would, if we move forward,

3114
02:52:47.460 --> 02:52:52.250
we would argue, that it is reflective of actual damages.

3115
02:52:52.250 --> 02:52:55.740
The other is if they are late

3116
02:52:55.740 --> 02:53:00.740
and they perform it, then they can reasonably argue

3117
02:53:00.770 --> 02:53:05.460
that they have complied with the offer of the Board

3118
02:53:05.460 --> 02:53:08.060
to remedy the situation and done that.

3119
02:53:08.060 --> 02:53:10.780
And so that may very well preclude you

3120
02:53:10.780 --> 02:53:12.740
from pursuing the other options.

3121
02:53:13.678 --> 02:53:18.678
For this instance, however, I believe in our contracts,

3122
02:53:19.170 --> 02:53:24.070
like termination is termination for convenience.

3123
02:53:24.070 --> 02:53:28.520
So generally you don't have to have a cause to pursue that.

3124
02:53:28.520 --> 02:53:31.080
So there would be some openings there.

3125
02:53:31.080 --> 02:53:32.950
But generally, if you said,

3126
02:53:32.950 --> 02:53:34.630
"If you do this, we're all okay."

3127
02:53:34.630 --> 02:53:36.577
And someone does that.

3128
02:53:36.577 --> 02:53:41.577
Then by the equities, we're friends again.

3129
02:53:44.100 --> 02:53:47.120
<v ->Okay, Miss Melton,</v>

3130
02:53:47.120 --> 02:53:49.300
or were you done Miss Bahorich?

3131
02:53:49.300 --> 02:53:52.640
<v ->Yeah, I just wanted to make sure,</v>

3132
02:53:53.519 --> 02:53:55.420
so there wouldn't be any reason like,

3133
02:53:55.420 --> 02:53:58.070
because you guys have a clock

3134
02:53:58.070 --> 02:54:01.713
that you figured to get to this $113,000.

3135
02:54:03.760 --> 02:54:05.610
Anyway, you had a clock you were looking at,

3136
02:54:05.610 --> 02:54:08.190
and it was as of the date of a certain meeting.

3137
02:54:08.190 --> 02:54:11.790
This just continues the clock is past June 1, which is,

3138
02:54:12.659 --> 02:54:15.560
that was my only point about that

3139
02:54:15.560 --> 02:54:18.366
and I didn't think it would necessarily preclude

3140
02:54:18.366 --> 02:54:21.749
but listening to your arguments about it.

3141
02:54:21.749 --> 02:54:25.300
I still think even if we terminated our contract with them,

3142
02:54:25.300 --> 02:54:28.320
as Monica said, Districts could still buy, I mean,

3143
02:54:28.320 --> 02:54:29.685
you can sell anyway.

3144
02:54:29.685 --> 02:54:34.685
And so, to me, trying to incentivize them paying on time

3145
02:54:34.760 --> 02:54:37.360
when there's been non-performance in the past

3146
02:54:37.360 --> 02:54:39.280
is a point to be made,

3147
02:54:39.280 --> 02:54:40.470
but I understand also

3148
02:54:40.470 --> 02:54:41.970
that you might wanna do something else.

3149
02:54:41.970 --> 02:54:44.010
I don't know what else really meaningful we could do,

3150
02:54:44.010 --> 02:54:45.810
other than drop them.

3151
02:54:45.810 --> 02:54:50.810
But, so I'll pull the amendment down.

3152
02:54:52.341 --> 02:54:54.660
<v ->So you're withdrawing the amendment?</v>

3153
02:54:54.660 --> 02:54:55.780
<v ->Yeah, I'm gonna withdraw.</v>

3154
02:54:55.780 --> 02:54:57.040
<v ->Is there any objection</v>

3155
02:54:57.040 --> 02:54:59.370
to Miss Bahorich withdrawing the amendment?

3156
02:55:01.870 --> 02:55:03.020
Okay, it's withdrawn.

3157
02:55:03.020 --> 02:55:05.400
Miss Melton-Malone, did you have a point

3158
02:55:05.400 --> 02:55:07.340
or is it still relevant?

3159
02:55:07.340 --> 02:55:10.080
<v ->Well, if she withdrew her amendment, that pretty much,</v>

3160
02:55:10.080 --> 02:55:13.670
I was just gonna comment the fact that personally,

3161
02:55:13.670 --> 02:55:15.880
I don't want to see us tie hands,

3162
02:55:15.880 --> 02:55:17.990
because this has been going on

3163
02:55:17.990 --> 02:55:19.800
for way too long with this company.

3164
02:55:19.800 --> 02:55:24.550
And I think that we need to keep our avenues open

3165
02:55:24.550 --> 02:55:27.977
so that we can, if they choose not to pay,

3166
02:55:27.977 --> 02:55:32.100
then we can really do some kind of an action

3167
02:55:33.365 --> 02:55:34.920
that will let them now

3168
02:55:34.920 --> 02:55:38.220
and let other companies now you don't mess with us.

3169
02:55:38.220 --> 02:55:42.270
<v ->Okay and so the the motion that's currently</v>

3170
02:55:42.270 --> 02:55:45.300
before the Board now is the

3171
02:55:45.300 --> 02:55:48.481
Committee on Instruction's recommendation

3172
02:55:48.481 --> 02:55:53.450
that a due date of June 1st 2020 be established

3173
02:55:53.450 --> 02:55:55.890
for payment of the liquidated damages.

3174
02:55:57.210 --> 02:55:58.610
Everyone understand then?

3175
02:55:59.640 --> 02:56:02.590
To the main motion?

3176
02:56:02.590 --> 02:56:04.120
<v Mr. Maynard>Mr. Chairman?</v>

3177
02:56:04.120 --> 02:56:05.490
<v ->Yes, Mr. Maynard.</v>

3178
02:56:05.490 --> 02:56:08.125
<v ->Yeah, I do have a question, when you say due date,</v>

3179
02:56:08.125 --> 02:56:11.399
what does that mean?

3180
02:56:11.399 --> 02:56:14.464
Is it a, does that mean that,

3181
02:56:14.464 --> 02:56:17.940
it maybe that's something that Vaughn can opine on.

3182
02:56:17.940 --> 02:56:21.220
But when we say due, so like, for instance,

3183
02:56:21.220 --> 02:56:22.600
when the IRS says this due,

3184
02:56:22.600 --> 02:56:25.310
that means there has to be pushed more,

3185
02:56:25.310 --> 02:56:28.240
or does that mean that we have to have received it by then?

3186
02:56:28.240 --> 02:56:29.240
What does that mean,

3187
02:56:30.710 --> 02:56:32.100
<v Mr. Rowley>Mr. Byer?</v>

3188
02:56:32.100 --> 02:56:35.420
<v ->Well, I think that's a very good point.</v>

3189
02:56:35.420 --> 02:56:38.070
I guess I had in my mind that it was,

3190
02:56:38.070 --> 02:56:41.640
we had actually received the money

3191
02:56:41.640 --> 02:56:45.790
and could use it by June 1st of 2020,

3192
02:56:45.790 --> 02:56:50.002
which would be close of business by June 1st, 2020.

3193
02:56:50.002 --> 02:56:53.450
But clarifying, I would not be opposed

3194
02:56:53.450 --> 02:56:57.293
to that clarification in your language.

3195
02:56:57.293 --> 02:57:01.177
<v ->So I would suggest that as an amendment</v>

3196
02:57:01.177 --> 02:57:05.180
that the motion would be that

3197
02:57:06.450 --> 02:57:11.450
the payment must have been received by the agency

3198
02:57:11.700 --> 02:57:15.020
by close of business on June 1st 2020.

3199
02:57:16.340 --> 02:57:18.070
<v Member>Second.</v>

3200
02:57:18.070 --> 02:57:20.040
<v ->Okay motion made and seconded.</v>

3201
02:57:22.752 --> 02:57:26.177
and so Miss Cruz, do you want to

3202
02:57:27.670 --> 02:57:30.640
just put up quickly the screen

3203
02:57:32.520 --> 02:57:34.120
then I might ask you to take it back down.

3204
02:57:34.120 --> 02:57:36.370
Although I see Chairman Ellis is back anyway.

3205
02:57:37.392 --> 02:57:40.150
Miss Cruz, you gonna put that up for us?

3206
02:57:55.690 --> 02:57:58.553
Okay, Mr. Maynard does that?

3207
02:57:58.553 --> 02:57:59.958
<v ->I think that clarifies it,</v>

3208
02:57:59.958 --> 02:58:04.797
because, when you deal with situations like that,

3209
02:58:04.797 --> 02:58:07.247
you don't want there to be any misunderstandings,

3210
02:58:08.549 --> 02:58:09.690
because most people will come back

3211
02:58:09.690 --> 02:58:11.690
and say, "Well, I just didn't understand."

3212
02:58:11.690 --> 02:58:14.320
<v ->Okay, is there any objection to</v>

3213
02:58:14.320 --> 02:58:18.290
the amendment proposed by Member Maynard?

3214
02:58:21.530 --> 02:58:26.530
And I can't see people right now.

3215
02:58:26.530 --> 02:58:29.460
<v ->I don't have any objection, Mr. Rowley.</v>

3216
02:58:29.460 --> 02:58:34.460
<v ->Okay, all right, so then the by unanimous consent,</v>

3217
02:58:38.035 --> 02:58:40.517
then the motion is amended with the language proposed

3218
02:58:40.517 --> 02:58:41.992
by Mr. Maynard.

3219
02:58:41.992 --> 02:58:43.592
So now we're, oh, Miss Bahorich?

3220
02:58:46.240 --> 02:58:47.180
Microphone, please.

3221
02:58:47.180 --> 02:58:48.530
<v ->Just a point of clarification.</v>

3222
02:58:48.530 --> 02:58:51.300
So close of business in Texas, right?

3223
02:58:51.300 --> 02:58:52.160
Does it say that?

3224
02:58:52.160 --> 02:58:54.690
I didn't, I missed the amendment there.

3225
02:58:54.690 --> 02:58:56.240
'Cause he's from Australia, so.

3226
02:58:58.870 --> 02:59:01.250
I mean, we're getting technical.

3227
02:59:01.250 --> 02:59:03.150
<v ->We are definitely getting technical.</v>

3228
02:59:08.094 --> 02:59:10.350
<v Mr. Maynard>I think maybe we could, if we could,</v>

3229
02:59:10.350 --> 02:59:13.140
in the language, is it put in parentheses?

3230
02:59:14.360 --> 02:59:16.920
5:00 p.m. Central.

3231
02:59:18.730 --> 02:59:20.320
<v Member>It would be daylight.</v>

3232
02:59:20.320 --> 02:59:22.370
<v Mr. Maynard>Yeah, that's right, yeah.</v>

3233
02:59:24.030 --> 02:59:27.400
<v Member>You could also say, "By TEA's close of business."</v>

3234
02:59:27.400 --> 02:59:29.204
<v Mr. Rowley>Yeah, let's just say</v>

3235
02:59:29.204 --> 02:59:31.060
"By TEA's close of business."

3236
02:59:31.060 --> 02:59:32.610
<v Mr. Maynard>There you go.</v>

3237
02:59:33.740 --> 02:59:35.990
<v Mr. Rowley>Any have any objection to that?</v>

3238
02:59:39.287 --> 02:59:42.850
Hearing none, but I wouldn't see them anyway.

3239
02:59:42.850 --> 02:59:43.683
It's--

3240
02:59:43.683 --> 02:59:45.560
<v ->I don't see any either.</v>

3241
02:59:45.560 --> 02:59:48.030
<v ->Okay, it's done, all right.</v>

3242
02:59:48.030 --> 02:59:53.030
So now, we're ready to vote, I think, on the main motion

3243
02:59:53.522 --> 02:59:58.522
which is to establish a due date of June 1st, 2020,

3244
03:00:01.040 --> 03:00:03.300
as of close of business for TEA

3245
03:00:04.196 --> 03:00:06.410
for payment of liquidated damages

3246
03:00:06.410 --> 03:00:07.810
or something to that effect.

3247
03:00:08.880 --> 03:00:10.060
Any further discussion?

3248
03:00:12.400 --> 03:00:14.680
Okay, all in favor of the motion signify

3249
03:00:14.680 --> 03:00:15.960
by raising your hand.

3250
03:00:27.254 --> 03:00:29.910
<v ->You may lower your hands, 13 in favor.</v>

3251
03:00:29.910 --> 03:00:32.760
<v ->All opposed, please raise your hands.</v>

3252
03:00:39.300 --> 03:00:41.310
Okay, none in opposition.

3253
03:00:41.310 --> 03:00:42.950
Okay, so the Motion passes.

3254
03:00:43.975 --> 03:00:46.700
Okay, so, Miss Melton Malone.

3255
03:00:47.830 --> 03:00:51.269
<v ->That concLudes the Committee on Instruction's</v>

3256
03:00:51.269 --> 03:00:53.520
recommendations.

3257
03:00:53.520 --> 03:00:55.970
<v ->Okay, Mr. Chairman, do you wanna take?</v>

3258
03:00:59.078 --> 03:01:00.428
<v ->So first formal business,</v>

3259
03:01:01.980 --> 03:01:03.280
y'all have done very well.

3260
03:01:04.725 --> 03:01:06.274
Three hours normally are unmuting me

3261
03:01:06.274 --> 03:01:08.376
but at this point trying to get a bathroom break

3262
03:01:08.376 --> 03:01:09.570
or something.

3263
03:01:09.570 --> 03:01:10.870
<v Mr. Rowley>By the way, I don't have a plane</v>

3264
03:01:10.870 --> 03:01:13.805
to catch today, so I'm fine.

3265
03:01:13.805 --> 03:01:16.270
<v ->We have the PSF Committee left,</v>

3266
03:01:16.270 --> 03:01:19.650
we have School Initiative, also,

3267
03:01:19.650 --> 03:01:22.680
I don't (mumbles) should take long.

3268
03:01:22.680 --> 03:01:24.961
Mr. Maynard, how much time on PSF?

3269
03:01:24.961 --> 03:01:28.520
<v Mr. Maynard>Will, shouldn't take long,</v>

3270
03:01:28.520 --> 03:01:30.350
we've got only about three things.

3271
03:01:30.350 --> 03:01:32.190
<v ->Okay, so my question is that if that's the case,</v>

3272
03:01:32.190 --> 03:01:34.290
I wanna assume we wanna take a lunch break at this point.

3273
03:01:34.290 --> 03:01:37.370
Do you all wanna take a quick necessity break

3274
03:01:37.370 --> 03:01:38.670
or keep going.

3275
03:01:38.670 --> 03:01:39.503
<v Mr. Maynard>I'm good.</v>

3276
03:01:40.884 --> 03:01:42.207
<v ->I'm hearing--</v>

3277
03:01:42.207 --> 03:01:44.327
(mumbles)

3278
03:01:44.327 --> 03:01:48.000
<v ->When can I make a motion that Kelly Calloway not retire</v>

3279
03:01:48.000 --> 03:01:53.000
before we lose her, can I make that motion?

3280
03:01:56.935 --> 03:01:57.768
Thank you, Kelly, you'll be missed.

3281
03:01:57.768 --> 03:01:59.480
<v ->Mr. Chair, could we take maybe--</v>

3282
03:01:59.480 --> 03:02:02.403
<v ->Thank you, I'm gonna--</v>

3283
03:02:02.403 --> 03:02:03.236
(mumbles)

3284
03:02:03.236 --> 03:02:05.306
And do the best of your ability to make this motion.

3285
03:02:05.306 --> 03:02:06.231
(laughs)

3286
03:02:06.231 --> 03:02:08.680
<v ->A break, 'cause y'all have done so well,</v>

3287
03:02:08.680 --> 03:02:11.550
and we'll be back in five or 10 minutes.

3288
03:02:11.550 --> 03:02:12.383
There we go.

3289
03:02:23.324 --> 03:02:24.690
Okay, the next item on the agenda is

3290
03:02:24.690 --> 03:02:27.140
the Committee of School Finance/ Permanent School Fund,

3291
03:02:27.140 --> 03:02:28.980
I'm gonna turn over to Mr. Maynard.

3292
03:02:30.679 --> 03:02:33.870
<v ->Thank you Mr. Chairman, and remember that on</v>

3293
03:02:35.760 --> 03:02:36.880
School Finance/PSF,

3294
03:02:37.746 --> 03:02:40.210
you've got two different sets of minutes.

3295
03:02:40.210 --> 03:02:42.350
You've got School Finance Items,

3296
03:02:42.350 --> 03:02:44.160
and you've got Permanent School Fund Items.

3297
03:02:44.160 --> 03:02:48.030
So we have two motions on the School Finance Items,

3298
03:02:48.030 --> 03:02:50.320
and that's where we're gonna start.

3299
03:02:50.320 --> 03:02:53.390
And so on behalf of

3300
03:02:54.938 --> 03:02:57.330
the Committee on School Finance and Permanent School Fund.

3301
03:03:00.000 --> 03:03:01.670
I'm move at the State Board of Education approve

3302
03:03:01.670 --> 03:03:04.860
for a second reading and the final adoption,

3303
03:03:04.860 --> 03:03:09.860
of proposed repeal of 19 TAC Chapter 105,

3304
03:03:11.130 --> 03:03:15.140
Foundation School Program, Subchapter B, Use of State Funds

3305
03:03:15.140 --> 03:03:17.142
and make an firm to finding that,

3306
03:03:17.142 --> 03:03:20.230
immediate adoption of the proposed repeal

3307
03:03:20.230 --> 03:03:23.380
of 19 TAC Chapter 105, Foundation School Program,

3308
03:03:23.380 --> 03:03:26.860
Subchapter B, Use of State Funds is necessary,

3309
03:03:26.860 --> 03:03:29.498
and shall have an effective date of 20 days after filing

3310
03:03:29.498 --> 03:03:31.730
as adopted with the Texas Register.

3311
03:03:33.530 --> 03:03:36.580
And Mr. Chairman, if I can, just quickly.

3312
03:03:36.580 --> 03:03:37.820
<v Dr. Ellis>Speak to your motion.</v>

3313
03:03:39.648 --> 03:03:41.840
<v ->Yeah, just as a, this, all this motion does</v>

3314
03:03:41.840 --> 03:03:45.260
is it brings our rule in compliance with the statute.

3315
03:03:46.290 --> 03:03:50.590
Many of you remember that the the old statute allowed

3316
03:03:50.590 --> 03:03:55.270
an indirect cost to be, for School Districts to use it.

3317
03:03:55.270 --> 03:03:57.720
percentage of funds generated

3318
03:03:57.720 --> 03:04:00.440
by a particular program for indirect cost.

3319
03:04:00.440 --> 03:04:05.430
And, for instance, in CTE that most recently, that was 42%.

3320
03:04:06.432 --> 03:04:11.432
Hospital, free, that, all of that provision went away.

3321
03:04:11.750 --> 03:04:13.310
And so all this does is it,

3322
03:04:13.310 --> 03:04:18.310
that simply makes our rule consistent with the statute.

3323
03:04:20.460 --> 03:04:23.070
<v ->Thank you, members, are there any other comments</v>

3324
03:04:23.070 --> 03:04:24.510
or questions on the item?

3325
03:04:28.100 --> 03:04:30.580
Hearing none, we'll go ahead and take the vote.

3326
03:04:32.000 --> 03:04:35.060
That's all in support, please show by raising your hand.

3327
03:04:45.784 --> 03:04:49.807
<v ->You may lower your hands, at 14 in favor.</v>

3328
03:04:49.807 --> 03:04:53.770
<v ->If you oppose, please show by raising your hands.</v>

3329
03:04:53.770 --> 03:04:54.990
Alright, so there are two thirds in favor

3330
03:04:54.990 --> 03:04:56.690
and the recommendation is adopted.

3331
03:04:57.900 --> 03:05:00.600
<v ->Mr. Chairman on behalf of the</v>

3332
03:05:00.600 --> 03:05:03.450
Committee on School Finance and Permanent School Fund.

3333
03:05:04.640 --> 03:05:06.890
I moved to the State Board of Education approve

3334
03:05:06.890 --> 03:05:08.710
for first reading and filing authorization

3335
03:05:08.710 --> 03:05:12.180
the proposed amendment to 19 TAC Chapter 109, Budgeting,

3336
03:05:12.180 --> 03:05:14.830
Accounting, and Auditing, Subchapter B,

3337
03:05:14.830 --> 03:05:17.520
Texas Education Agency Audit Functions,

3338
03:05:18.856 --> 03:05:21.510
109.23, School District Audits

3339
03:05:21.510 --> 03:05:23.040
and Agreed-Upon Procedures.

3340
03:05:23.990 --> 03:05:27.090
And if I may just offer an explanation of this.

3341
03:05:27.090 --> 03:05:30.270
This is for first reading, and filing and authorization.

3342
03:05:30.270 --> 03:05:35.270
And this again, just will bring the rule into compliance

3343
03:05:36.640 --> 03:05:38.958
with the statute.

3344
03:05:38.958 --> 03:05:41.690
The old statute you require that

3345
03:05:41.690 --> 03:05:45.030
if a school use an out of State firm,

3346
03:05:45.030 --> 03:05:46.840
that that firm hasn't been licensed

3347
03:05:46.840 --> 03:05:48.140
within the State of Texas.

3348
03:05:49.010 --> 03:05:50.170
That language was changed

3349
03:05:50.170 --> 03:05:53.670
and this rule change will bring our rule

3350
03:05:54.900 --> 03:05:56.980
into line with the statute.

3351
03:05:58.880 --> 03:06:01.730
<v ->For that summary, is there any other questions</v>

3352
03:06:01.730 --> 03:06:02.980
or comments from members?

3353
03:06:05.540 --> 03:06:08.690
Okay, if none, I would ask all those in favor of the motion,

3354
03:06:08.690 --> 03:06:10.340
please show by raising your hand.

3355
03:06:18.849 --> 03:06:21.770
<v ->You may lower your hands, 14 in favor.</v>

3356
03:06:21.770 --> 03:06:24.420
<v ->And any opposed, please show by raising your hands.</v>

3357
03:06:25.910 --> 03:06:28.210
Hearing none, there is a majority in favor.

3358
03:06:29.170 --> 03:06:30.870
And the recommendation is adopted.

3359
03:06:32.352 --> 03:06:36.380
<v ->Mr. Chairman, on the the Permanent School Fund items,</v>

3360
03:06:36.380 --> 03:06:37.450
there was only one item,

3361
03:06:37.450 --> 03:06:39.830
that was the ratification of purchases

3362
03:06:39.830 --> 03:06:42.190
and sales for which is approval consent.

3363
03:06:42.190 --> 03:06:44.530
But we did receive a report

3364
03:06:44.530 --> 03:06:48.177
from our Chief Investment Officer

3365
03:06:48.177 --> 03:06:53.177
and Staff and we also had with us in the meeting,

3366
03:06:53.740 --> 03:06:57.080
our Fiduciary Consultant than NEPC.

3367
03:06:58.742 --> 03:06:59.960
And of course I don't have to tell any of you

3368
03:06:59.960 --> 03:07:01.680
then we have experienced

3369
03:07:01.680 --> 03:07:06.680
a tragic economic crisis along with a health crisis.

3370
03:07:09.320 --> 03:07:11.920
And of course those two things are tied together,

3371
03:07:11.920 --> 03:07:14.170
in the last four weeks, we have the communists lost

3372
03:07:14.170 --> 03:07:18.030
22 million jobs, 22 million jobs

3373
03:07:18.030 --> 03:07:21.280
and these are serving members that are in line

3374
03:07:21.280 --> 03:07:25.480
or maybe even greater than what we saw

3375
03:07:25.480 --> 03:07:28.540
in the 1949 market crash

3376
03:07:28.540 --> 03:07:30.600
and also in the Great Depression.

3377
03:07:30.600 --> 03:07:35.070
Now, of course, there's some speculation as far as

3378
03:07:35.070 --> 03:07:37.141
when this thing bounces back,

3379
03:07:37.141 --> 03:07:39.730
the circumstances surrounding this downturn

3380
03:07:39.730 --> 03:07:43.990
are markedly different than what we saw

3381
03:07:43.990 --> 03:07:45.810
with the Great Depression.

3382
03:07:45.810 --> 03:07:47.930
So, but just to kind of put that in perspective,

3383
03:07:47.930 --> 03:07:52.930
the fair market, December 31, the fair market value of

3384
03:07:54.537 --> 03:07:58.110
the Permanent School Fund or at least our portion of it,

3385
03:07:58.110 --> 03:08:00.490
was about 35.9 billion.

3386
03:08:02.680 --> 03:08:07.320
On February the 29th, we were about 44 billion,

3387
03:08:07.320 --> 03:08:10.390
and on March 1st, we were down to 31 billion

3388
03:08:10.390 --> 03:08:11.760
and some change.

3389
03:08:11.760 --> 03:08:16.760
And so that was a, certainly a precipitous crash.

3390
03:08:20.780 --> 03:08:25.140
So about 29% of our allocation is what we call,

3391
03:08:25.140 --> 03:08:26.770
our defensive allocation.

3392
03:08:27.620 --> 03:08:30.430
Parts of that allocation performed pretty well.

3393
03:08:32.288 --> 03:08:34.970
What was a bit of a disappointment was Risk Parity,

3394
03:08:36.051 --> 03:08:40.040
our tips, fixed income.

3395
03:08:41.148 --> 03:08:44.790
Actually, the Hedge Funds performed pretty well,

3396
03:08:44.790 --> 03:08:48.820
in terms of cushioning that drop.

3397
03:08:50.450 --> 03:08:53.510
We have two Risk Parity Managers

3398
03:08:53.510 --> 03:08:58.510
and one of them performed slightly above the 6040 benchmark,

3399
03:08:59.220 --> 03:09:02.590
and one of them was below that benchmark.

3400
03:09:03.510 --> 03:09:07.320
So there's a couple things I think just worth noting.

3401
03:09:07.320 --> 03:09:11.420
And so everybody kind of understands there are some things

3402
03:09:11.420 --> 03:09:13.870
that were really positive for us.

3403
03:09:13.870 --> 03:09:17.370
First of all, is that, that our part of the fund

3404
03:09:18.520 --> 03:09:23.520
does not have a is, the underweight in energy.

3405
03:09:24.930 --> 03:09:29.110
So we don't have a big allocation in energy,

3406
03:09:29.110 --> 03:09:30.650
that's positive.

3407
03:09:30.650 --> 03:09:35.440
Now,the big energy allocation is with the School Land Board.

3408
03:09:35.440 --> 03:09:37.560
And so that's a real positive.

3409
03:09:38.507 --> 03:09:42.490
The staff has been taking advantage of opportunities

3410
03:09:42.490 --> 03:09:46.840
as we have them, they have the latitude to rebalance

3411
03:09:46.840 --> 03:09:50.390
and to do whatever they need to do.

3412
03:09:50.390 --> 03:09:53.460
And so when we come together in May,

3413
03:09:53.460 --> 03:09:55.770
we'll have a little bit better sense of the landscape

3414
03:09:55.770 --> 03:09:57.400
because we're about to go into

3415
03:09:58.410 --> 03:10:01.380
an allocation discussion later on this year.

3416
03:10:02.290 --> 03:10:04.954
What we don't really know is Real Estate and Private Equity.

3417
03:10:04.954 --> 03:10:09.420
Most things tend to the reporting on that is delayed,

3418
03:10:09.420 --> 03:10:10.580
is a little bit slower.

3419
03:10:11.510 --> 03:10:13.960
But one thing is worth noting, in Real Estate.

3420
03:10:14.850 --> 03:10:18.320
We don't have a big investment in retail,

3421
03:10:18.320 --> 03:10:21.600
we don't have a really big investment in hospitality.

3422
03:10:21.600 --> 03:10:23.750
And so that, those are some some positives.

3423
03:10:25.340 --> 03:10:29.697
The Liquid Fund, which is remember that school,

3424
03:10:29.697 --> 03:10:32.880
that Land Board funds that we are managing,

3425
03:10:32.880 --> 03:10:34.860
it is completely intact,

3426
03:10:34.860 --> 03:10:37.540
because we were only invested in fixed income.

3427
03:10:38.430 --> 03:10:40.540
And so, and now what is possible,

3428
03:10:40.540 --> 03:10:44.070
it is possible that the School Land Board may request

3429
03:10:44.070 --> 03:10:45.860
some of those funds back

3430
03:10:45.860 --> 03:10:50.440
because with the downturn in oil and gas prices,

3431
03:10:50.440 --> 03:10:53.770
they are still gonna have to make big capital calls.

3432
03:10:53.770 --> 03:10:56.920
But that's, that's how the fund was set up.

3433
03:10:56.920 --> 03:11:01.890
And so if that needs to happen, then that will happen.

3434
03:11:01.890 --> 03:11:06.070
So we're actually still being able to get returns

3435
03:11:06.070 --> 03:11:08.080
off that Liquid Fund.

3436
03:11:08.080 --> 03:11:13.080
We're still, we're about 77 basis points above the Treasury.

3437
03:11:15.120 --> 03:11:18.430
So that's kind of where we are with that.

3438
03:11:18.430 --> 03:11:20.170
Anybody have any, Mr. Chairman,

3439
03:11:20.170 --> 03:11:22.180
does anybody have any questions

3440
03:11:22.180 --> 03:11:23.520
in terms of where things are with that?

3441
03:11:24.585 --> 03:11:26.030
<v ->Any the questions for Mr. Maynard?</v>

3442
03:11:26.030 --> 03:11:27.210
I see Mr. Mercer.

3443
03:11:30.100 --> 03:11:31.520
<v ->Not really a question, I want to comment.</v>

3444
03:11:31.520 --> 03:11:35.470
Thank you for the excellent report and the detailed status.

3445
03:11:35.470 --> 03:11:38.160
I wanna remind that Member Cargill,

3446
03:11:38.160 --> 03:11:41.390
Member Hardy, Member Allen, 11 years ago,

3447
03:11:41.390 --> 03:11:42.390
our Board, were discussing

3448
03:11:42.390 --> 03:11:45.000
when a very ambitious landmark decision

3449
03:11:45.000 --> 03:11:48.510
about what happened in 89, what happened in 911,

3450
03:11:48.510 --> 03:11:53.200
what happened in 2006, 2007.

3451
03:11:53.200 --> 03:11:56.210
And we would set up a new asset allocation for our staff

3452
03:11:56.210 --> 03:12:00.400
and give all the the allocation that Mr. Maynard mentioned,

3453
03:12:00.400 --> 03:12:01.700
the different types of allocation

3454
03:12:01.700 --> 03:12:03.240
and percentage ranges.

3455
03:12:03.240 --> 03:12:05.620
And staff will tell you now because of that,

3456
03:12:05.620 --> 03:12:07.940
they had the flexibility to use their professionalism

3457
03:12:07.940 --> 03:12:10.840
to make some decisions when it came to rebalance

3458
03:12:10.840 --> 03:12:14.640
or reset or (mumbles) funds and to react.

3459
03:12:14.640 --> 03:12:17.010
All the things Mr. Maynard just delineated there,

3460
03:12:17.010 --> 03:12:17.870
as to what happens,

3461
03:12:17.870 --> 03:12:20.600
so that decision for those of us leaving the Board,

3462
03:12:20.600 --> 03:12:21.433
those who will stay on,

3463
03:12:21.433 --> 03:12:22.830
it was very important that we had those,

3464
03:12:22.830 --> 03:12:24.570
that asset allocation,

3465
03:12:24.570 --> 03:12:25.900
very landmark decision

3466
03:12:25.900 --> 03:12:28.430
for a public equity, public endowment,

3467
03:12:28.430 --> 03:12:31.330
but it gave our professionals the ability to rebalance,

3468
03:12:31.330 --> 03:12:34.490
to reallocate, to react to the changes

3469
03:12:34.490 --> 03:12:35.890
that Mr. Maynard just mentioned.

3470
03:12:35.890 --> 03:12:39.050
So just a bit of history on that, thank you, sir.

3471
03:12:40.090 --> 03:12:42.250
<v ->And, Mr. Chairman, just another note, of course,</v>

3472
03:12:42.250 --> 03:12:45.970
one of the things that always is, interest people

3473
03:12:45.970 --> 03:12:47.790
in terms of (mumbles) funds,

3474
03:12:47.790 --> 03:12:50.310
in terms of how we're gonna stack up,

3475
03:12:50.310 --> 03:12:54.547
we received a fair bit of criticism in last month

3476
03:12:56.400 --> 03:13:00.670
because people didn't think that our returns were adequate.

3477
03:13:00.670 --> 03:13:02.950
And they were trying to compare us to funds

3478
03:13:03.912 --> 03:13:05.870
that were 50 or 60% of alternative investments.

3479
03:13:08.685 --> 03:13:10.300
And, of course, there's two answers to that.

3480
03:13:10.300 --> 03:13:11.280
First is that,

3481
03:13:11.280 --> 03:13:14.940
we have to maintain a certain level of liquidity

3482
03:13:14.940 --> 03:13:17.125
because of the Bond Guarantee Program

3483
03:13:17.125 --> 03:13:18.150
and number two, we're a public fund

3484
03:13:18.150 --> 03:13:22.170
and we are obligated to have some downside protection,

3485
03:13:22.170 --> 03:13:23.003
which we did.

3486
03:13:24.080 --> 03:13:27.060
So I think at some point, it'll be very interesting to see

3487
03:13:28.495 --> 03:13:31.830
how our fund, whether the storm would compared

3488
03:13:31.830 --> 03:13:33.370
to some of those other ones.

3489
03:13:33.370 --> 03:13:36.200
And we won't learn that until sometime this Summer

3490
03:13:39.870 --> 03:13:41.790
<v ->Are there any other questions</v>

3491
03:13:41.790 --> 03:13:45.410
or comments about the report from Mr. Maynard?

3492
03:13:49.265 --> 03:13:50.805
Hearing none.

3493
03:13:50.805 --> 03:13:53.880
<v ->Thank you, Mr. cHair.</v>

3494
03:13:53.880 --> 03:13:54.713
<v ->Report.</v>

3495
03:13:57.100 --> 03:13:59.100
You have no other (mumbles) Mr. Maynard.

3496
03:14:01.110 --> 03:14:01.943
Okay.

3497
03:14:04.614 --> 03:14:07.130
All right, so I believe we're in Item Number 12.

3498
03:14:07.130 --> 03:14:08.280
Committee on School Initiatives.

3499
03:14:08.280 --> 03:14:09.830
I'm gonna call on Miss Cargill.

3500
03:14:11.132 --> 03:14:13.150
<v ->All right, so members.</v>

3501
03:14:13.150 --> 03:14:14.990
Just to give you a brief update,

3502
03:14:14.990 --> 03:14:16.444
we did have a discussion item

3503
03:14:16.444 --> 03:14:20.530
on the Charter School Applications.

3504
03:14:20.530 --> 03:14:22.250
So I know we can't discuss this,

3505
03:14:22.250 --> 03:14:24.350
but just for your information,

3506
03:14:24.350 --> 03:14:28.900
there are 16 charter applications being reviewed right now.

3507
03:14:28.900 --> 03:14:31.930
And they go through five different reads.

3508
03:14:31.930 --> 03:14:36.120
So there are a lot of external reviewers who are reviewing

3509
03:14:36.120 --> 03:14:37.737
and staff etc, etc.

3510
03:14:37.737 --> 03:14:38.770
The interviews are still scheduled

3511
03:14:38.770 --> 03:14:41.182
for the week of July 27th.

3512
03:14:41.182 --> 03:14:43.920
And whether those are in-person

3513
03:14:43.920 --> 03:14:47.870
or virtual will depend on a lot of factors, as you know.

3514
03:14:47.870 --> 03:14:51.290
So that's just a quick update on that.

3515
03:14:51.290 --> 03:14:54.540
Our first Action Item is found on page two of your

3516
03:14:54.540 --> 03:14:57.710
Committee on School Initiatives Minutes.

3517
03:14:59.107 --> 03:15:00.910
And it was recommended

3518
03:15:00.910 --> 03:15:03.560
by the Committee on School Initiatives

3519
03:15:03.560 --> 03:15:06.130
that the State Board of Education adopt,

3520
03:15:06.130 --> 03:15:09.990
the review of 19 TAC Chapter 100, Chapters,

3521
03:15:09.990 --> 03:15:13.710
Subchapter A Open Enrollment Charter Schools,

3522
03:15:13.710 --> 03:15:17.670
and Subchapter B Home Rules School District Charters.

3523
03:15:18.510 --> 03:15:21.690
And this is just part of the four year review cycle

3524
03:15:21.690 --> 03:15:25.480
for all State agency rules including the Board,

3525
03:15:25.480 --> 03:15:27.020
this SBOE rules.

3526
03:15:29.505 --> 03:15:33.120
<v ->Are any questions or comments on the motion?</v>

3527
03:15:35.110 --> 03:15:37.030
So I would ask all those in favor,

3528
03:15:37.030 --> 03:15:38.680
please show by raising your hand.

3529
03:15:49.978 --> 03:15:52.640
<v ->You may lower your hands, 14 in favor.</v>

3530
03:15:52.640 --> 03:15:54.790
<v ->Any opposed, please by showing your hand.</v>

3531
03:15:55.890 --> 03:15:58.630
Seeing none there is a majority in favor

3532
03:15:58.630 --> 03:16:00.410
and the recommendation is adopted.

3533
03:16:02.160 --> 03:16:07.160
<v ->Okay, and one more on page three is the motion</v>

3534
03:16:07.530 --> 03:16:11.830
and this was for, the committee has recommended

3535
03:16:14.510 --> 03:16:16.540
that the Board take no action

3536
03:16:16.540 --> 03:16:21.120
on proposed amendments to 19 TAC Chapter 230,

3537
03:16:21.120 --> 03:16:24.440
Professional Educator Preparation and Certification,

3538
03:16:24.440 --> 03:16:27.265
Subchapter C, Assessment of Educators,

3539
03:16:27.265 --> 03:16:32.220
Subchapter D, Types and Classes of Certificates Issued,

3540
03:16:32.220 --> 03:16:35.460
Subchapter E, Educational Aide Certificate,

3541
03:16:35.460 --> 03:16:40.270
and Subchapter G, Certificate Issuance Procedures.

3542
03:16:40.270 --> 03:16:45.180
And this is being carried forward mainly for compliance

3543
03:16:45.180 --> 03:16:47.310
with legislative mandates.

3544
03:16:51.970 --> 03:16:53.430
<v Dr. Ellis>Any questions or comments?</v>

3545
03:16:53.430 --> 03:16:54.750
Mr. Mercer.

3546
03:16:54.750 --> 03:16:57.830
<v ->Just two comments, first, to Mrs. Melton-Malone,</v>

3547
03:16:57.830 --> 03:17:00.080
I apologize, I said your meeting lasted for hours,

3548
03:17:00.080 --> 03:17:01.200
it was two and a half hours,

3549
03:17:01.200 --> 03:17:03.920
I was using common core math, I apologize.

3550
03:17:03.920 --> 03:17:05.940
And Miss Cargill, refresh my memory

3551
03:17:05.940 --> 03:17:08.080
when it says take no action.

3552
03:17:08.080 --> 03:17:10.310
That means that, what happens then?

3553
03:17:10.310 --> 03:17:13.580
<v ->That means that we agree with the SBEC Rule</v>

3554
03:17:13.580 --> 03:17:16.050
and so the rule would go forward.

3555
03:17:16.050 --> 03:17:20.610
So if you're, yes for the SBEC act, action,

3556
03:17:20.610 --> 03:17:23.280
then you would vote yes on take no action.

3557
03:17:24.160 --> 03:17:25.190
<v Mr. Mercer>Okay, thank.</v>

3558
03:17:26.314 --> 03:17:28.540
<v ->Thanks for that clarification.</v>

3559
03:17:28.540 --> 03:17:30.640
Are there any other questions or comments?

3560
03:17:32.820 --> 03:17:35.000
Seeing none, I would ask all those in favor

3561
03:17:35.000 --> 03:17:36.500
to show by raising your hands.

3562
03:17:45.120 --> 03:17:47.120
<v ->You may lower your hands, 14 in favor.</v>

3563
03:17:49.040 --> 03:17:51.340
<v ->All right, any opposed by raising your hand?</v>

3564
03:17:53.240 --> 03:17:54.900
Seeing none, there is a majority in favor

3565
03:17:54.900 --> 03:17:57.840
and the recommendation is adopted.

3566
03:17:57.840 --> 03:18:00.026
<v ->Do I get, do we get a price</v>

3567
03:18:00.026 --> 03:18:02.471
for being the shortest committee update?

3568
03:18:02.471 --> 03:18:04.120
<v ->Of course, yes, of course we do.</v>

3569
03:18:06.681 --> 03:18:08.017
(Miss Cargill laughs)

3570
03:18:08.017 --> 03:18:09.780
<v ->Just to ask a quick question to Barbara.</v>

3571
03:18:09.780 --> 03:18:12.030
So what is the estimated timeline?

3572
03:18:12.030 --> 03:18:14.440
You said those capacity interviews were the 27th.

3573
03:18:14.440 --> 03:18:18.100
Is there any timeline beyond that?

3574
03:18:18.100 --> 03:18:19.520
<v ->Do you mean?</v>

3575
03:18:20.520 --> 03:18:24.830
Well, then the Commissioner's proposal to the Board of the,

3576
03:18:24.830 --> 03:18:28.390
the charter applicants that make it through the interviews,

3577
03:18:28.390 --> 03:18:31.050
that are, that he decides on,

3578
03:18:31.050 --> 03:18:32.810
we would be notified in August

3579
03:18:32.810 --> 03:18:37.560
and then our vote on, the veto vote would be in September.

3580
03:18:37.560 --> 03:18:39.840
That's the timeline right now.

3581
03:18:39.840 --> 03:18:40.673
<v Miss Davis>Thank you.</v>

3582
03:18:40.673 --> 03:18:41.506
<v ->Okay.</v>

3583
03:18:43.781 --> 03:18:47.170
<v ->Are there any other questions for Miss Cargill?</v>

3584
03:18:49.714 --> 03:18:51.100
All right, thank you.

3585
03:18:51.100 --> 03:18:53.590
Alright, so that is the end of our agenda.

3586
03:18:53.590 --> 03:18:56.700
We do have time now from, for any reports from committees

3587
03:18:56.700 --> 03:18:59.290
regarding Agenda Items posted for discussion

3588
03:18:59.290 --> 03:19:01.450
on Committee Agendas,

3589
03:19:01.450 --> 03:19:03.880
or reports from other State Board of Education members

3590
03:19:03.880 --> 03:19:05.660
regarding Agenda Items,

3591
03:19:05.660 --> 03:19:07.090
and educational activities

3592
03:19:07.090 --> 03:19:09.510
and concerns in individual Districts.

3593
03:19:15.299 --> 03:19:18.327
All right, so as they're seeing none, again,

3594
03:19:19.830 --> 03:19:23.050
that closes our Agenda Items.

3595
03:19:23.050 --> 03:19:27.040
And of course, we always take some time now to talk about

3596
03:19:27.040 --> 03:19:28.920
if there's anything personally going on

3597
03:19:28.920 --> 03:19:30.915
in any of the member's lives,

3598
03:19:30.915 --> 03:19:32.050
it's a good time to service

3599
03:19:32.050 --> 03:19:35.040
and always a good time for some good news.

3600
03:19:36.430 --> 03:19:37.263
Miss Cargill.

3601
03:19:39.910 --> 03:19:40.990
<v ->Well, I just want to take a minute</v>

3602
03:19:40.990 --> 03:19:45.628
and say for I know we just heard the press conference

3603
03:19:45.628 --> 03:19:48.821
that the schools have been closed for the rest of the year.

3604
03:19:48.821 --> 03:19:51.010
And I wanna give a shout out to our teachers

3605
03:19:51.010 --> 03:19:54.263
and parents who are taking care of their kids at home.

3606
03:19:54.263 --> 03:19:57.962
I strongly disagree with the naysayers who say

3607
03:19:57.962 --> 03:20:02.880
that our kids will potentially fall so far behind

3608
03:20:02.880 --> 03:20:04.050
because I think our parents

3609
03:20:04.050 --> 03:20:07.855
and teachers are doing everything possible that they can

3610
03:20:07.855 --> 03:20:10.230
to make sure that our kids are still getting

3611
03:20:10.230 --> 03:20:11.510
a good education at their home

3612
03:20:11.510 --> 03:20:13.650
and there's nothing sweeter

3613
03:20:13.650 --> 03:20:15.810
than parents having more time with their kids.

3614
03:20:15.810 --> 03:20:18.650
So I hope, I know parents want to pull their hair out

3615
03:20:18.650 --> 03:20:21.590
sometimes but I wanna encourage our parents

3616
03:20:21.590 --> 03:20:24.690
and our teachers who are doing so much, just to carry forth

3617
03:20:24.690 --> 03:20:27.590
so I say well done and keep up the good work.

3618
03:20:28.870 --> 03:20:30.780
<v ->Seconded, all right, Miss Bahorich.</v>

3619
03:20:35.560 --> 03:20:38.250
<v ->Okay, I'm gonna show almost two months now.</v>

3620
03:20:39.400 --> 03:20:42.170
Here he is, hello Peter.

3621
03:20:43.230 --> 03:20:47.210
So that, I just had to give you another time

3622
03:20:47.210 --> 03:20:49.460
to look at a picture of my latest grandchild.

3623
03:20:50.330 --> 03:20:54.050
<v Dr. Ellis>These, what's the tally we're at now.</v>

3624
03:20:54.050 --> 03:20:55.040
<v ->Seven.</v>

3625
03:20:55.040 --> 03:20:57.200
<v ->Wow, I've heard they once you get one,</v>

3626
03:20:57.200 --> 03:20:59.180
they grow exponentially.

3627
03:21:00.310 --> 03:21:01.410
All right, Mr. Mercer.

3628
03:21:02.620 --> 03:21:06.207
<v ->Again, I got a notice in my office in Colorado Springs.</v>

3629
03:21:06.207 --> 03:21:08.570
I have a promotion in August to grandfather, finally,

3630
03:21:08.570 --> 03:21:09.980
I'm very proud of that.

3631
03:21:09.980 --> 03:21:14.520
And I'll be, it'll be a grandson, I know that now too, so.

3632
03:21:16.487 --> 03:21:18.740
What Miss Cargill said too,

3633
03:21:18.740 --> 03:21:19.650
I had a meeting last week

3634
03:21:19.650 --> 03:21:22.240
with several charter schools online.

3635
03:21:22.240 --> 03:21:25.120
And it was incredible what's happening.

3636
03:21:25.120 --> 03:21:26.320
How we're reacting to this

3637
03:21:26.320 --> 03:21:28.710
and what all (Mr. Mercer coughs)

3638
03:21:28.710 --> 03:21:29.820
all schools are doing.

3639
03:21:30.820 --> 03:21:33.537
I'm sorry, I close my mouth when cough, guys, don't worry.

3640
03:21:33.537 --> 03:21:36.970
But the concern was a technology

3641
03:21:36.970 --> 03:21:39.321
which is my whole life was twofold.

3642
03:21:39.321 --> 03:21:41.704
Not just the kids who don't have technology.

3643
03:21:41.704 --> 03:21:43.980
But those who only have one child.

3644
03:21:43.980 --> 03:21:46.120
If you have one device in your home,

3645
03:21:46.120 --> 03:21:48.960
and you have two or three kids in school.

3646
03:21:48.960 --> 03:21:50.980
Mom or Dad are working from home.

3647
03:21:50.980 --> 03:21:53.001
They're a given number like 15%

3648
03:21:53.001 --> 03:21:56.540
in the beginning but that's just a comment.

3649
03:21:56.540 --> 03:22:00.650
I wanna thank my colleague in the great State of El Paso.

3650
03:22:01.520 --> 03:22:03.485
Her work too, Georgina Thank you.

3651
03:22:03.485 --> 03:22:06.920
I want to recognize firstly, just Kelly

3652
03:22:06.920 --> 03:22:11.914
and Debbie Ratliff, I think Debbie retires we left last time

3653
03:22:11.914 --> 03:22:15.553
and for all the staff that (mumbles) Lenny Lane

3654
03:22:15.553 --> 03:22:19.310
kind of unsung heroes, they've done so much work.

3655
03:22:19.310 --> 03:22:23.396
The minutes coming across, the time, reminders.

3656
03:22:23.396 --> 03:22:25.760
And Sylvia, met with me last week too.

3657
03:22:25.760 --> 03:22:28.230
And I've tried to explain what I wanted to share before,

3658
03:22:28.230 --> 03:22:30.750
not just my moderator here, I see you all

3659
03:22:30.750 --> 03:22:34.390
but my other monitors how to extend that, not duplicate

3660
03:22:34.390 --> 03:22:36.290
but extended be able to have an agenda

3661
03:22:36.290 --> 03:22:38.890
and have split testimonies in the side

3662
03:22:38.890 --> 03:22:43.360
and Sylvia and Lenny, we talked about that with Sylvia,

3663
03:22:43.360 --> 03:22:45.520
that that is fantastic.

3664
03:22:45.520 --> 03:22:47.620
If you don't have that at home now, dual monitors

3665
03:22:47.620 --> 03:22:49.520
or even you have more triple monitors.

3666
03:22:49.520 --> 03:22:51.533
The split screen is an incredible device.

3667
03:22:51.533 --> 03:22:53.600
It makes this so much more efficient.

3668
03:22:53.600 --> 03:22:55.370
But thank you for that.

3669
03:22:55.370 --> 03:22:58.880
And for the lawyers, this is last time around for Vaughn

3670
03:22:58.880 --> 03:23:02.310
and Chris and Christine, for your work on this too.

3671
03:23:02.310 --> 03:23:03.317
That's all I have, thank y'all, God bless y'all.

3672
03:23:03.317 --> 03:23:06.310
And always have a great Texas day.

3673
03:23:08.419 --> 03:23:10.169
<v ->Okay Mr. Mercer, Miss Perez-Diaz.</v>

3674
03:23:12.510 --> 03:23:16.440
<v ->I just wanted to, again, thank all of the educators</v>

3675
03:23:16.440 --> 03:23:18.480
and administrators across the State,

3676
03:23:18.480 --> 03:23:21.350
this has been a really difficult time in education.

3677
03:23:21.350 --> 03:23:23.560
And I too was able to hop on a call last week

3678
03:23:23.560 --> 03:23:24.938
with some educators

3679
03:23:24.938 --> 03:23:29.570
and really loved hearing from them, their own perspectives

3680
03:23:29.570 --> 03:23:31.940
because I think they get lost in the conversation.

3681
03:23:31.940 --> 03:23:33.980
I, we've heard a lot from parents

3682
03:23:33.980 --> 03:23:36.074
who are really struggling through this.

3683
03:23:36.074 --> 03:23:39.366
But our teachers are really struggling through it too.

3684
03:23:39.366 --> 03:23:41.900
There, are a lot of our teachers across the State

3685
03:23:41.900 --> 03:23:42.740
are parents as well.

3686
03:23:42.740 --> 03:23:45.820
And so they're having to decide, do we focus our time

3687
03:23:45.820 --> 03:23:49.740
and energy educating our classroom or do we educate,

3688
03:23:49.740 --> 03:23:53.130
do we continue to help educate our own children in our home?

3689
03:23:53.130 --> 03:23:54.580
And they're balancing out

3690
03:23:55.637 --> 03:23:57.270
and so it's just been a, it was really eye-opening,

3691
03:23:57.270 --> 03:23:58.630
to have a conversation with them.

3692
03:23:58.630 --> 03:24:00.620
And so I think that the Governor's announcement

3693
03:24:00.620 --> 03:24:03.230
today was a blessing to everybody.

3694
03:24:03.230 --> 03:24:06.185
I think it relinquishes a lot of stress.

3695
03:24:06.185 --> 03:24:11.030
And I wanna personally thank TEA for all of the work,

3696
03:24:11.030 --> 03:24:12.780
everybody has done so much work

3697
03:24:12.780 --> 03:24:15.110
to try to figure out what the heck's going on

3698
03:24:15.110 --> 03:24:17.530
and to put out as many resources as possible

3699
03:24:17.530 --> 03:24:22.222
for our Districts during this weird time.

3700
03:24:22.222 --> 03:24:25.929
And I also really, I appreciate,

3701
03:24:25.929 --> 03:24:30.490
especially here, like in our, in San Antonio, once again,

3702
03:24:30.490 --> 03:24:32.120
all across my District, actually.

3703
03:24:32.120 --> 03:24:35.509
But the work that's been done to help support the social,

3704
03:24:35.509 --> 03:24:38.680
emotional aspects of the work,

3705
03:24:38.680 --> 03:24:40.210
the humanity hasn't been lost,

3706
03:24:40.210 --> 03:24:42.060
and a lot of our counselors

3707
03:24:42.060 --> 03:24:45.740
and social workers across the State have really, I mean,

3708
03:24:45.740 --> 03:24:49.247
they've worked so hard to make sure that our kids have

3709
03:24:49.247 --> 03:24:53.140
enough resources, are getting the best that they can,

3710
03:24:53.140 --> 03:24:54.880
in a strange time.

3711
03:24:54.880 --> 03:24:57.660
So just really, really value all of that work.

3712
03:24:57.660 --> 03:24:59.376
And then lastly wanting to say,

3713
03:24:59.376 --> 03:25:02.319
we've heard a lot from the adults that are having

3714
03:25:02.319 --> 03:25:05.529
to navigate this really strange time.

3715
03:25:05.529 --> 03:25:06.750
But I'm really excited,

3716
03:25:06.750 --> 03:25:09.890
I'm gonna be a part of a public forum,

3717
03:25:09.890 --> 03:25:13.870
a Town Hall with with just youth.

3718
03:25:13.870 --> 03:25:16.180
So it's a youth like Town Hall.

3719
03:25:16.180 --> 03:25:18.970
We're trying to get as many students involved as possible

3720
03:25:18.970 --> 03:25:21.750
and (mumbles) the youth about their own experience

3721
03:25:21.750 --> 03:25:23.593
in trying to navigate their,

3722
03:25:23.593 --> 03:25:25.740
these challenges as well,

3723
03:25:25.740 --> 03:25:28.280
especially from the senior perspective

3724
03:25:28.280 --> 03:25:30.600
because that our senior year is really important

3725
03:25:30.600 --> 03:25:31.960
for a lot of our kids

3726
03:25:31.960 --> 03:25:34.960
and our seniors are really, they're struggling,

3727
03:25:34.960 --> 03:25:36.922
they're losing a lot of the celebratory pomp

3728
03:25:36.922 --> 03:25:39.690
and circumstance and all of that

3729
03:25:39.690 --> 03:25:41.810
and so, it'll be a great conversation.

3730
03:25:41.810 --> 03:25:43.397
I'm looking forward to it tomorrow afternoon.

3731
03:25:43.397 --> 03:25:47.210
We'll be on Facebook so it'll be good.

3732
03:25:48.780 --> 03:25:50.490
<v ->Good deal, thank you for that.</v>

3733
03:25:50.490 --> 03:25:52.901
And Miss Melton-Malone's next.

3734
03:25:52.901 --> 03:25:56.060
<v ->I also wanted to just give a shout out to the teachers</v>

3735
03:25:56.060 --> 03:25:58.400
and the staff and all the schools,

3736
03:25:58.400 --> 03:26:01.320
I have just been blown away by some of the reports

3737
03:26:01.320 --> 03:26:02.700
that they've been sending me

3738
03:26:02.700 --> 03:26:05.220
and that I've been talking to individuals over the phone

3739
03:26:05.220 --> 03:26:09.300
and over the internet at the things that the teachers

3740
03:26:09.300 --> 03:26:14.300
and staff are doing, to make this transition

3741
03:26:14.550 --> 03:26:17.090
that we're having to go through as easy as possible

3742
03:26:17.090 --> 03:26:19.030
for parents and for children.

3743
03:26:19.030 --> 03:26:20.570
And so big shout out to them

3744
03:26:20.570 --> 03:26:21.580
and just hang in there.

3745
03:26:21.580 --> 03:26:24.060
It's, you're doing a fantastic job.

3746
03:26:24.930 --> 03:26:26.810
And the other thing, one other thing is that,

3747
03:26:26.810 --> 03:26:28.440
I didn't take Town Hall again,

3748
03:26:28.440 --> 03:26:30.550
but I'd like to thank my Committee for all the work

3749
03:26:30.550 --> 03:26:32.290
that we put in yesterday,

3750
03:26:32.290 --> 03:26:36.270
we debated a lot of things, went into a lot of depth

3751
03:26:36.270 --> 03:26:39.930
and I just appreciate so much each

3752
03:26:39.930 --> 03:26:42.270
and every one of their opinions

3753
03:26:42.270 --> 03:26:45.160
and the fact that we work so well together

3754
03:26:45.160 --> 03:26:46.955
and we come up with a good consensus

3755
03:26:46.955 --> 03:26:49.943
about what we need to do for the kids in Texas.

3756
03:26:49.943 --> 03:26:51.950
And so thank you Committee

3757
03:26:51.950 --> 03:26:55.480
and thank you Christine and Vaughn and Monica and Kelly

3758
03:26:55.480 --> 03:26:57.040
and Shelly and all the others

3759
03:26:57.040 --> 03:26:58.820
that worked together to pull that off

3760
03:26:58.820 --> 03:27:01.840
so that we could have all the information that we needed

3761
03:27:01.840 --> 03:27:04.320
so that we can make good decisions.

3762
03:27:04.320 --> 03:27:06.123
And the other thing is this is not a positive.

3763
03:27:06.123 --> 03:27:07.810
I mean, it's a positive.

3764
03:27:07.810 --> 03:27:10.100
But I don't mean to be a downer.

3765
03:27:10.100 --> 03:27:12.900
But keep in mind, the folks out in the West today,

3766
03:27:12.900 --> 03:27:15.210
this was, it was seven years ago today,

3767
03:27:15.210 --> 03:27:16.670
that they had the explosion.

3768
03:27:16.670 --> 03:27:19.693
And so they have done a remarkable job of coming back.

3769
03:27:19.693 --> 03:27:23.067
And making West even better than it was before.

3770
03:27:23.067 --> 03:27:25.720
So keep them in mind today,

3771
03:27:26.725 --> 03:27:28.810
because I know they'd appreciate your prayers.

3772
03:27:30.202 --> 03:27:31.050
<v ->Thank you for those comments.</v>

3773
03:27:31.050 --> 03:27:31.883
My. Maynard.

3774
03:27:33.050 --> 03:27:35.020
<v ->Yeah, Mr. Chairman.</v>

3775
03:27:37.046 --> 03:27:40.710
Let me just say that I have a daughter

3776
03:27:40.710 --> 03:27:42.010
who's teaching right now.

3777
03:27:42.010 --> 03:27:44.230
So I get a lot of reports

3778
03:27:44.230 --> 03:27:49.230
and certainly that these are challenging time for educators.

3779
03:27:50.111 --> 03:27:53.973
The good news is, is that, we're Americans

3780
03:27:53.973 --> 03:27:57.265
and we're Texans, and we always find a way.

3781
03:27:57.265 --> 03:28:00.800
And there's just a lot of remarkable work being done.

3782
03:28:00.800 --> 03:28:02.450
But we would be remiss

3783
03:28:02.450 --> 03:28:04.350
if we didn't mention our Commissioner.

3784
03:28:05.276 --> 03:28:08.230
If you've had a chance to get on some of those calls,

3785
03:28:08.230 --> 03:28:10.690
and the some of the resources

3786
03:28:10.690 --> 03:28:13.090
that are being stood up is just amazing.

3787
03:28:14.360 --> 03:28:16.600
Dr. Ellis kind of mentioned to me, he said,

3788
03:28:16.600 --> 03:28:19.970
"Well, if we had proposed to do this,

3789
03:28:19.970 --> 03:28:22.960
"I think it probably, most people would have thought

3790
03:28:22.960 --> 03:28:26.687
"that it would take us two years to transition into this

3791
03:28:28.240 --> 03:28:31.330
"and we did it in a matter of days and weeks

3792
03:28:31.330 --> 03:28:33.320
"and put all this in place."

3793
03:28:34.170 --> 03:28:36.130
And, is it perfect?

3794
03:28:36.130 --> 03:28:38.920
No, but this is the hand that we're dealt,

3795
03:28:38.920 --> 03:28:43.120
and we know that the work of educating has got to go on.

3796
03:28:43.120 --> 03:28:44.420
I think that the work of

3797
03:28:44.420 --> 03:28:48.290
the Texas Department of Agriculture has been been terrific.

3798
03:28:48.290 --> 03:28:51.260
And so congratulations to Sid Miller, Mr. Miller

3799
03:28:51.260 --> 03:28:53.050
and his crew over there,

3800
03:28:53.050 --> 03:28:57.090
in terms of making sure that a lot of our

3801
03:28:57.090 --> 03:28:58.810
disadvantaged students that depend

3802
03:28:59.991 --> 03:29:03.476
on meals through the school system.

3803
03:29:03.476 --> 03:29:08.476
What an important blessing that is to a lot of families,

3804
03:29:09.066 --> 03:29:11.992
and particular, a lot of families, you think about,

3805
03:29:11.992 --> 03:29:15.520
22 million jobs lost in four weeks.

3806
03:29:15.520 --> 03:29:18.390
That's a lot of our neighbors

3807
03:29:18.390 --> 03:29:20.810
and all of a sudden have been furloughed,

3808
03:29:20.810 --> 03:29:22.210
they've been laid off,

3809
03:29:22.210 --> 03:29:24.620
and not sure how they're gonna pay the bills,

3810
03:29:24.620 --> 03:29:28.640
not sure how they're gonna buy groceries.

3811
03:29:28.640 --> 03:29:33.640
And so the, actually the school lunch program is a lifeline,

3812
03:29:34.360 --> 03:29:35.750
to a lot of these families

3813
03:29:35.750 --> 03:29:39.390
and so a lot of good work is being done.

3814
03:29:39.390 --> 03:29:41.350
Congratulations to our Commissioner.

3815
03:29:41.350 --> 03:29:43.420
I don't think he's sleeping very much.

3816
03:29:43.420 --> 03:29:45.816
I don't think any of the staff is sleeping very much,

3817
03:29:45.816 --> 03:29:49.990
I guess you lost your commute, but it's still your,

3818
03:29:52.100 --> 03:29:54.670
sometimes when you're having to work from home,

3819
03:29:54.670 --> 03:29:57.440
it's kinda like you have the front pocket from your shirt

3820
03:29:57.440 --> 03:30:01.584
and you keep reaching for things and you don't have them.

3821
03:30:01.584 --> 03:30:04.630
And so, I think also too, is we ought to keep in mind

3822
03:30:04.630 --> 03:30:07.540
our healthcare workers, I'm a little sensitive to that.

3823
03:30:07.540 --> 03:30:12.010
I have a daughter-in-law, who's a physician,

3824
03:30:12.010 --> 03:30:14.470
Sue up in Waco, (mumbles) white.

3825
03:30:16.406 --> 03:30:18.692
And he lives in West, actually, Leroy.

3826
03:30:18.692 --> 03:30:23.110
And I have a daughter-in-law who's a nurse.

3827
03:30:23.110 --> 03:30:27.002
And so, these people are on the front lines every day

3828
03:30:27.002 --> 03:30:31.950
and are actually dealing with Coronavirus and firsthand.

3829
03:30:32.910 --> 03:30:36.160
And these are, they have all,

3830
03:30:37.290 --> 03:30:38.770
there was there was a point in time

3831
03:30:38.770 --> 03:30:41.740
when we actually had some masks

3832
03:30:41.740 --> 03:30:43.800
and we actually sent them to one of our daughter-in-law

3833
03:30:43.800 --> 03:30:45.750
because they were out of masks

3834
03:30:45.750 --> 03:30:50.140
and because of the supply chains being disrupted

3835
03:30:50.140 --> 03:30:55.140
and such and, these are big well funded hospitals scrounging

3836
03:30:55.880 --> 03:30:59.761
for supplies and we see this all around the country.

3837
03:30:59.761 --> 03:31:03.270
Good news is I think that the system has adjusted to that.

3838
03:31:03.270 --> 03:31:08.120
It's not unusual, but, during these times I know

3839
03:31:08.120 --> 03:31:10.370
that there's a lot of uncertainty.

3840
03:31:10.370 --> 03:31:11.800
But there are also moments

3841
03:31:11.800 --> 03:31:14.300
when you are very proud of being an American.

3842
03:31:14.300 --> 03:31:17.148
And you see how the American people rally,

3843
03:31:17.148 --> 03:31:21.130
how they adapt, how they are problem solvers.

3844
03:31:21.130 --> 03:31:24.840
And, certainly is, is that we want to keep all these peoples

3845
03:31:24.840 --> 03:31:26.885
in our thoughts and prayers,

3846
03:31:26.885 --> 03:31:30.380
but at the same time is that we will overcome

3847
03:31:30.380 --> 03:31:33.350
and we will find a way because that's who we are.

3848
03:31:33.350 --> 03:31:35.420
That's who we are, Mr. Chairman, all right, thank you.

3849
03:31:35.420 --> 03:31:37.220
<v ->Thank you Mr. Maynard, Miss Hardy.</v>

3850
03:31:42.770 --> 03:31:45.540
<v ->Yes, I've thought about the changing times,</v>

3851
03:31:46.757 --> 03:31:50.823
just picturing education wise (mumbles)

3852
03:31:50.823 --> 03:31:55.234
and it was a huge joy, our (mumbles)

3853
03:31:55.234 --> 03:31:58.282
should be very privileged to what,

3854
03:31:58.282 --> 03:32:02.480
what I got to actually kind of feel good is not to do the

3855
03:32:02.480 --> 03:32:07.080
distance teaching but it had, it was one of my eye

3856
03:32:07.080 --> 03:32:10.440
was elementary (mumbles) and social studies.

3857
03:32:10.440 --> 03:32:15.310
And so we just had a great time, I enjoyed that eventually,

3858
03:32:15.310 --> 03:32:16.950
and it really gave me a lot,

3859
03:32:16.950 --> 03:32:19.050
you know how can always hear me saying,

3860
03:32:19.050 --> 03:32:22.280
that (mumbles) teaching Social Studies,

3861
03:32:22.280 --> 03:32:25.920
well, if any of these guys get out there

3862
03:32:25.920 --> 03:32:28.813
and their professor had them so prepared,

3863
03:32:28.813 --> 03:32:32.154
it was unbelievable, I was very, very impressed.

3864
03:32:32.154 --> 03:32:34.480
And I take back some of my criticisms

3865
03:32:34.480 --> 03:32:36.010
about cultures of education.

3866
03:32:36.908 --> 03:32:38.360
If the rest of them are half as good as them,

3867
03:32:38.360 --> 03:32:40.870
we are in good shape, thanks.

3868
03:32:40.870 --> 03:32:43.020
<v ->Thank you, Miss Hardy, Mr. Cortez.</v>

3869
03:32:48.120 --> 03:32:50.020
<v ->Yes, thank you Chairman Ellis.</v>

3870
03:32:50.020 --> 03:32:52.850
Yeah, I just wanted to echo some of the comments

3871
03:32:52.850 --> 03:32:56.040
that were made by Member Maynard.

3872
03:32:56.918 --> 03:33:00.950
About everything that Commissioner Morath

3873
03:33:00.950 --> 03:33:02.870
and his staff have been doing

3874
03:33:02.870 --> 03:33:06.200
to assist Texas Public Schools.

3875
03:33:06.200 --> 03:33:09.640
I've if y'all have not jumped in on those calls,

3876
03:33:09.640 --> 03:33:11.130
I would encourage you to jump in,

3877
03:33:11.130 --> 03:33:13.900
some of the information that's being shared

3878
03:33:14.740 --> 03:33:18.590
with every one of the Superintendents at times,

3879
03:33:18.590 --> 03:33:21.910
these calls have 13, 1400 people on them.

3880
03:33:23.750 --> 03:33:27.030
And the amount of support that the Agency Commissioner

3881
03:33:27.030 --> 03:33:30.570
and everybody involved has been doing,

3882
03:33:31.712 --> 03:33:35.650
has been, very, very remarkable and very impressive.

3883
03:33:36.848 --> 03:33:40.340
I know that as the Governor has officially closed

3884
03:33:40.340 --> 03:33:41.450
brick and mortar schools,

3885
03:33:41.450 --> 03:33:45.380
and we move to this digital learning

3886
03:33:45.380 --> 03:33:47.460
for the remainder of the school year,

3887
03:33:47.460 --> 03:33:50.713
I can tell you that as I sat here yesterday,

3888
03:33:50.713 --> 03:33:52.440
on this meeting with you

3889
03:33:52.440 --> 03:33:55.270
and as I sit here today, in the other room,

3890
03:33:55.270 --> 03:33:58.086
I have my wife who's an administrator of a school,

3891
03:33:58.086 --> 03:34:03.086
who's doing Special Education ARD Meeting via Zoom.

3892
03:34:07.410 --> 03:34:10.485
She's Zooming in and out of different classrooms.

3893
03:34:10.485 --> 03:34:15.485
I've got a fifth grader who wakes up every morning,

3894
03:34:16.310 --> 03:34:21.310
8:00 a.m., has virtual instruction with his teacher,

3895
03:34:21.350 --> 03:34:24.130
three times to give guided instruction

3896
03:34:24.130 --> 03:34:27.110
and then they do learning on their own.

3897
03:34:27.110 --> 03:34:31.750
I've got three high schoolers that are doing college work,

3898
03:34:31.750 --> 03:34:34.800
they're doing credits, doing regular work

3899
03:34:34.800 --> 03:34:36.200
through their high school classes.

3900
03:34:36.200 --> 03:34:41.200
And as we go into this new normal

3901
03:34:41.360 --> 03:34:45.611
for the remainder of the year, I wanna just go back

3902
03:34:45.611 --> 03:34:47.940
and echo some of the comments

3903
03:34:47.940 --> 03:34:52.880
that were made about our educators

3904
03:34:52.880 --> 03:34:54.270
and all of the support staff

3905
03:34:54.270 --> 03:34:56.690
that are working at our schools still.

3906
03:34:58.020 --> 03:35:02.450
All over the State of Texas, not just in District two,

3907
03:35:02.450 --> 03:35:06.480
but everywhere you have food service personnel coming in

3908
03:35:06.480 --> 03:35:08.810
and creating these meals

3909
03:35:08.810 --> 03:35:12.575
and you've got these curbside pickups all over the State

3910
03:35:12.575 --> 03:35:16.918
to help feed some of our most vulnerable students

3911
03:35:16.918 --> 03:35:21.918
and to witness what is going on in this very difficult time

3912
03:35:24.300 --> 03:35:28.299
for a lot of people, is absolutely amazing to see.

3913
03:35:28.299 --> 03:35:31.920
As I walk across the house

3914
03:35:31.920 --> 03:35:36.920
and I listened into my wife, jump into Zoom class

3915
03:35:37.300 --> 03:35:39.090
at one of her pre-K classes,

3916
03:35:39.090 --> 03:35:43.420
to see these pre-kindergarten students receive instruction

3917
03:35:43.420 --> 03:35:47.620
remotely this way, is such a joy.

3918
03:35:47.620 --> 03:35:50.331
We've got a routine every morning,

3919
03:35:50.331 --> 03:35:51.370
I get woken up very early

3920
03:35:51.370 --> 03:35:53.090
because as a principal,

3921
03:35:53.090 --> 03:35:55.020
she still wants to do the morning announcements

3922
03:35:55.020 --> 03:35:57.570
and Pledge Allegiance and the Texas pledge

3923
03:35:57.570 --> 03:36:00.440
and wish, teachers Happy birthday

3924
03:36:00.440 --> 03:36:04.260
and all of these things to keep this new normal for our kids

3925
03:36:05.390 --> 03:36:10.390
in this new, I guess, as Commissioner Morath is calling it,

3926
03:36:10.590 --> 03:36:13.616
at home, school environment,

3927
03:36:13.616 --> 03:36:16.630
to see the work that our educators

3928
03:36:16.630 --> 03:36:21.630
and everybody else is doing it's just very, very impressive.

3929
03:36:21.910 --> 03:36:24.340
But if there's some lessons

3930
03:36:24.340 --> 03:36:29.070
that we can take away from this is that we can go back

3931
03:36:29.070 --> 03:36:31.050
and evaluate afterwards.

3932
03:36:31.050 --> 03:36:33.944
It's gonna give us a big spotlight

3933
03:36:33.944 --> 03:36:38.720
on the extreme digital divide that exists in Texas.

3934
03:36:38.720 --> 03:36:40.760
And if there's something as a Board of Education

3935
03:36:40.760 --> 03:36:43.940
that we can do, on a go forward basis, to address this

3936
03:36:43.940 --> 03:36:45.340
and have these conversations

3937
03:36:45.340 --> 03:36:49.090
and obviously months down the road

3938
03:36:49.090 --> 03:36:51.340
after we've evaluated what is going on.

3939
03:36:53.370 --> 03:36:56.660
This would be a perfect opportunity for us to look back

3940
03:36:56.660 --> 03:37:01.622
and see where we have gaps that as a state we can work on.

3941
03:37:01.622 --> 03:37:04.600
Chairman Ellis, maybe that's something you wanna consider.

3942
03:37:04.600 --> 03:37:08.960
I know we've had, under I don't recall

3943
03:37:08.960 --> 03:37:10.600
if it was under Chair Bahorich

3944
03:37:10.600 --> 03:37:14.990
or chair Cargill, where we had some hearings at the Capitol

3945
03:37:14.990 --> 03:37:17.390
and we had EducationSuperHighway come in.

3946
03:37:17.390 --> 03:37:20.470
But this is going to be an opportunity for us to reflect

3947
03:37:20.470 --> 03:37:22.760
and figure out what we can do.

3948
03:37:24.133 --> 03:37:24.966
You've got organizations

3949
03:37:26.410 --> 03:37:29.920
and big companies that are offering free resources

3950
03:37:29.920 --> 03:37:33.190
to schools all across the State.

3951
03:37:33.190 --> 03:37:36.430
You've got them offering free professional development,

3952
03:37:36.430 --> 03:37:40.248
as teachers learn to transition into this new type

3953
03:37:40.248 --> 03:37:42.630
of meeting structure

3954
03:37:42.630 --> 03:37:44.290
and academic structure.

3955
03:37:44.290 --> 03:37:47.170
You've got teachers giving tests online,

3956
03:37:47.170 --> 03:37:51.690
I mean, it's very remarkable what we've been able to see.

3957
03:37:53.010 --> 03:37:56.650
And I think as a Board, we should we should figure out ways

3958
03:38:00.050 --> 03:38:02.590
to incorporate some of the challenges

3959
03:38:02.590 --> 03:38:06.240
that exist as a result of this pandemic

3960
03:38:06.240 --> 03:38:09.140
so that we can make it easier for them.

3961
03:38:09.140 --> 03:38:11.830
God forbid something like this ever happened again.

3962
03:38:12.710 --> 03:38:15.840
I think as a State we should be ready,

3963
03:38:15.840 --> 03:38:17.970
at least on the educational front, so

3964
03:38:22.680 --> 03:38:23.800
that's it.

3965
03:38:23.800 --> 03:38:24.860
<v ->All right, thank you Mr. Cortez.</v>

3966
03:38:24.860 --> 03:38:26.430
I'm gonna call on Mr. Rowley next

3967
03:38:26.430 --> 03:38:28.460
'cause of a let me kill two birds with one stone.

3968
03:38:28.460 --> 03:38:29.293
I'm gonna call him him,

3969
03:38:29.293 --> 03:38:30.890
but I've also got to step out for a minute too.

3970
03:38:30.890 --> 03:38:33.670
So I'm gonna hand the gavel over to him also.

3971
03:38:33.670 --> 03:38:34.900
<v ->Okay, very good, well,</v>

3972
03:38:34.900 --> 03:38:36.960
I just have a couple of quick comments

3973
03:38:36.960 --> 03:38:39.084
and then we can move forward.

3974
03:38:39.084 --> 03:38:44.084
Mainly directing this to staff, particularly Kelly Callaway,

3975
03:38:44.790 --> 03:38:48.210
I'm not sure if she's still with us or not.

3976
03:38:48.210 --> 03:38:51.810
There she is, but her video's not up.

3977
03:38:51.810 --> 03:38:56.810
There she is and so I just wanna say a special thanks,

3978
03:38:57.040 --> 03:39:00.640
Kelly to you and all the work that you've done,

3979
03:39:00.640 --> 03:39:05.640
you've always been very professional, very well prepared,

3980
03:39:06.040 --> 03:39:09.980
and very approachable as well and very collegial.

3981
03:39:09.980 --> 03:39:14.980
And I know you've been in a lot of long, tedious meetings

3982
03:39:15.066 --> 03:39:18.220
in which you had to put up

3983
03:39:19.130 --> 03:39:22.480
with a lot of our laborious discussions and comments.

3984
03:39:22.480 --> 03:39:26.119
But I just wanna wish you the best going forward

3985
03:39:26.119 --> 03:39:30.180
and to tell you, thank you for everything that you've done.

3986
03:39:30.180 --> 03:39:33.945
And so our appreciation to you

3987
03:39:33.945 --> 03:39:38.280
and as always, Monica and her staff, Lenny

3988
03:39:38.280 --> 03:39:41.680
and others that had made this possible,

3989
03:39:41.680 --> 03:39:45.665
this was an amazing accomplishment, in my opinion,

3990
03:39:45.665 --> 03:39:48.590
to get this meeting ready.

3991
03:39:49.430 --> 03:39:52.980
And for us to be able to accomplish everything we did,

3992
03:39:52.980 --> 03:39:56.000
with very, very few glitches.
(member clears throat)

3993
03:39:56.000 --> 03:39:59.000
And so I think it was a fabulous job.

3994
03:39:59.000 --> 03:40:04.000
It's as always a, comment on the professionalism,

3995
03:40:05.470 --> 03:40:08.970
competence and ability that the staff has.

3996
03:40:08.970 --> 03:40:11.480
And so I want to tell you all thank you

3997
03:40:11.480 --> 03:40:14.300
and then also, Chairman Ellis has stepped aside

3998
03:40:14.300 --> 03:40:15.670
but he did a fabulous job.

3999
03:40:15.670 --> 03:40:19.009
I'm not sure we all understand the behind the scenes work

4000
03:40:19.009 --> 03:40:23.050
that he does, preparing for these meetings

4001
03:40:23.050 --> 03:40:24.610
and getting ready

4002
03:40:24.610 --> 03:40:29.030
and so just want to give him our appreciation as well.

4003
03:40:29.030 --> 03:40:33.290
And then finally, and not to be outdone by by Miss Boharich.

4004
03:40:34.244 --> 03:40:36.550
There is (laughs) Rowley.

4005
03:40:37.785 --> 03:40:38.960
He is five months old.

4006
03:40:38.960 --> 03:40:41.780
As you can see, he's reading the book there,

4007
03:40:41.780 --> 03:40:43.710
at the age of five months.

4008
03:40:43.710 --> 03:40:46.860
And so he's highly, highly advanced

4009
03:40:46.860 --> 03:40:49.450
and an amazing young man.

4010
03:40:49.450 --> 03:40:54.190
So there you go, okay, so, Miss Perez,

4011
03:40:54.190 --> 03:40:55.430
I think maybe you are next.

4012
03:40:55.430 --> 03:40:56.583
If not, you're up.

4013
03:41:01.675 --> 03:41:04.810
<v ->I want to remind everybody</v>

4014
03:41:04.810 --> 03:41:06.770
that not everybody has internet.

4015
03:41:06.770 --> 03:41:08.650
I'm sure you guys all know that where I live,

4016
03:41:08.650 --> 03:41:10.066
there is no broadband.

4017
03:41:10.066 --> 03:41:11.770
And so while people are talking about

4018
03:41:11.770 --> 03:41:14.150
all of these amazing online resources

4019
03:41:14.150 --> 03:41:16.810
and online PD and online testing

4020
03:41:16.810 --> 03:41:19.500
and online ARDs and online, everything else,

4021
03:41:19.500 --> 03:41:23.660
there is no online for a large portion of Texas.

4022
03:41:23.660 --> 03:41:28.660
And so, that being said, we have a number of Districts

4023
03:41:28.910 --> 03:41:30.310
out here in West Texas,

4024
03:41:30.310 --> 03:41:34.210
particularly Ector County, which is Odessa,

4025
03:41:34.210 --> 03:41:37.597
which is my neighbor, Mr. Rowley.

4026
03:41:37.597 --> 03:41:41.640
They are sending their Resource Officers out to do

4027
03:41:41.640 --> 03:41:43.880
wellness checks on families

4028
03:41:43.880 --> 03:41:46.923
and students who are unable to check in

4029
03:41:46.923 --> 03:41:49.470
because of the lack of digital devices

4030
03:41:49.470 --> 03:41:53.230
or lack of broadband infrastructure

4031
03:41:53.230 --> 03:41:54.820
and WiFi access.

4032
03:41:54.820 --> 03:41:58.670
And so please keep in mind I bet that we have

4033
03:41:58.670 --> 03:42:02.471
a lot of students who are being pushed behind

4034
03:42:02.471 --> 03:42:05.532
because of this type of circumstance,

4035
03:42:05.532 --> 03:42:10.240
and particularly our students who live in foster care,

4036
03:42:10.240 --> 03:42:15.240
our students who are in a state of homelessness,

4037
03:42:15.380 --> 03:42:19.470
and our children who are still in detention facilities.

4038
03:42:21.740 --> 03:42:24.580
<v ->Very good, thank you Member Perez, Dr. Robinson.</v>

4039
03:42:26.920 --> 03:42:30.264
<v ->Yes, I don't have any of my own yeah,</v>

4040
03:42:30.264 --> 03:42:32.940
I don't have any pictures of grandchildren,

4041
03:42:32.940 --> 03:42:33.830
anything like that.

4042
03:42:33.830 --> 03:42:37.260
But I'll just update Joe on two of my children.

4043
03:42:37.260 --> 03:42:40.920
My daughter Julia is graduating next month

4044
03:42:40.920 --> 03:42:42.710
for the Master's in Public Health,

4045
03:42:42.710 --> 03:42:45.990
which I guess is pretty timely with everything going on.

4046
03:42:45.990 --> 03:42:47.670
She's graduating from Baylor,

4047
03:42:47.670 --> 03:42:50.110
of course they're not gonna have the graduation ceremony,

4048
03:42:50.110 --> 03:42:52.512
but she'll be still be graduating.

4049
03:42:52.512 --> 03:42:57.512
And then my youngest son's graduating next month

4050
03:42:57.750 --> 03:43:01.393
from College of Charleston with a Creative Writing Major,

4051
03:43:02.840 --> 03:43:05.160
and he just found out the other day that he is,

4052
03:43:05.160 --> 03:43:07.930
he wants to get into the publishing business.

4053
03:43:07.930 --> 03:43:12.930
And he does, was, got a NYU Publishing internship thing

4054
03:43:14.440 --> 03:43:15.630
is gonna happen in New York,

4055
03:43:15.630 --> 03:43:17.450
well, it's actually not going to happen in New York,

4056
03:43:17.450 --> 03:43:19.170
it's gonna be online.

4057
03:43:19.170 --> 03:43:20.875
Because it's in June, but,

4058
03:43:20.875 --> 03:43:25.730
so there's some update on those two of my kids,

4059
03:43:25.730 --> 03:43:29.694
and I'll just say that, I don't wanna get too sappy here,

4060
03:43:29.694 --> 03:43:32.052
but I miss all 14 of y'all.

4061
03:43:32.052 --> 03:43:36.928
And, I really, really, really hope

4062
03:43:36.928 --> 03:43:39.918
that we can have a regular meeting in June.

4063
03:43:39.918 --> 03:43:44.918
I mean, maybe as I'll need a doctor for all of us.

4064
03:43:45.470 --> 03:43:47.960
I'll bring masks to everybody, how's that?

4065
03:43:47.960 --> 03:43:49.427
<v Mr. Rowley>There you go, PPE.</v>

4066
03:43:49.427 --> 03:43:53.380
<v ->Yeah, there you go, there you go, that's it.</v>

4067
03:43:53.380 --> 03:43:54.710
<v ->Thank you, Dr. Robinson.</v>

4068
03:43:55.708 --> 03:43:56.840
Member Allen.

4069
03:43:58.670 --> 03:43:59.503
<v ->Thank you very much.</v>

4070
03:43:59.503 --> 03:44:01.120
The good thing about working with this group is

4071
03:44:01.120 --> 03:44:03.700
that they say everything that you wanna say

4072
03:44:03.700 --> 03:44:05.780
before you get a chance to say it.

4073
03:44:05.780 --> 03:44:08.250
And so, I wanna just echo the sentiments

4074
03:44:08.250 --> 03:44:09.330
of everybody's spoken,

4075
03:44:09.330 --> 03:44:12.365
but I did want to make one announcement.

4076
03:44:12.365 --> 03:44:15.640
I did retire from the Houston Independent School District

4077
03:44:16.629 --> 03:44:17.650
in February.

4078
03:44:17.650 --> 03:44:21.900
And so I've been off since we've been doing this thing,

4079
03:44:21.900 --> 03:44:23.410
but I will start working again,

4080
03:44:23.410 --> 03:44:26.600
I will be teaching in (mumbles) this Fall.

4081
03:44:26.600 --> 03:44:30.510
So I'm going from one level of education to the next

4082
03:44:30.510 --> 03:44:33.753
and so it's an exciting time for me and my family.

4083
03:44:33.753 --> 03:44:36.120
And we look forward to the next chapter of life

4084
03:44:36.120 --> 03:44:37.990
as we go forward, thank you.

4085
03:44:37.990 --> 03:44:40.800
<v ->Congratulations, Member Allen on that, that's awesome.</v>

4086
03:44:43.263 --> 03:44:45.050
<v ->What will you be teaching?</v>

4087
03:44:45.050 --> 03:44:46.600
<v ->They have not assigned a course to me,</v>

4088
03:44:46.600 --> 03:44:48.650
but I will be in the School of Education.

4089
03:44:49.610 --> 03:44:53.503
<v ->And is that (mumbles) school?</v>

4090
03:45:01.126 --> 03:45:04.125
<v ->I'm sorry, I can't hear a thing, I can't understand.</v>

4091
03:45:04.125 --> 03:45:06.670
<v ->Related to--</v>

4092
03:45:06.670 --> 03:45:09.510
<v ->Yes, ma'am, it isn't any of them.</v>

4093
03:45:09.510 --> 03:45:10.790
<v ->Very good.</v>

4094
03:45:10.790 --> 03:45:12.170
<v ->Great.</v>

4095
03:45:12.170 --> 03:45:13.110
<v ->Miss Bahorich.</v>

4096
03:45:14.526 --> 03:45:16.620
<v ->This is just a real quick shout out to the Governor</v>

4097
03:45:16.620 --> 03:45:19.560
and the Commissioner for helping me with a constituent issue

4098
03:45:19.560 --> 03:45:21.160
that was brought to my attention

4099
03:45:22.383 --> 03:45:23.216
about the telehealth regulations,

4100
03:45:23.216 --> 03:45:27.183
really needing some additional resources

4101
03:45:27.183 --> 03:45:31.460
for speech language pathologists

4102
03:45:31.460 --> 03:45:33.690
and audiologists, behavior analysts,

4103
03:45:33.690 --> 03:45:36.210
hearing instrument fitters and dispensers

4104
03:45:36.210 --> 03:45:39.550
and dyslexia therapists and practitioners

4105
03:45:39.550 --> 03:45:42.200
that those rules need to be lifted in order to provide

4106
03:45:42.200 --> 03:45:47.200
more of the assistance to that area for telehealth

4107
03:45:47.540 --> 03:45:49.700
'cause only certain categories were allowed

4108
03:45:49.700 --> 03:45:53.240
to do telehealth, he, the Governor expanded those categories

4109
03:45:53.240 --> 03:45:55.210
during this crisis

4110
03:45:55.210 --> 03:45:57.900
and I'm just grateful for the Commissioner's help with that

4111
03:45:57.900 --> 03:46:00.578
and for the Governor's office acting on that so quickly

4112
03:46:00.578 --> 03:46:04.340
to all of those students across Texas that were affected.

4113
03:46:05.390 --> 03:46:07.250
<v ->Okay, thank you, Member Davis.</v>

4114
03:46:07.250 --> 03:46:08.180
<v ->This is short and sweet.</v>

4115
03:46:08.180 --> 03:46:09.690
I just wanna give a huge shout out to

4116
03:46:09.690 --> 03:46:11.950
the DeSoto Literary Scholars.

4117
03:46:11.950 --> 03:46:14.580
They were supposed to be our performers today

4118
03:46:14.580 --> 03:46:16.940
and they had a really, really exciting performance,

4119
03:46:16.940 --> 03:46:19.787
they are gonna tie in poetry and music and movement.

4120
03:46:19.787 --> 03:46:21.999
It was really gonna be exciting so,

4121
03:46:21.999 --> 03:46:24.350
I really wanna try to figure out how I can get them

4122
03:46:24.350 --> 03:46:25.640
before us, one of these days

4123
03:46:25.640 --> 03:46:28.210
but I just shout out the DeSoto Literary Scholars,

4124
03:46:28.210 --> 03:46:31.250
thank you so much for agreeing to come and perform for us.

4125
03:46:32.240 --> 03:46:35.110
<v ->Very, good thank you Miss Galloway before,</v>

4126
03:46:35.110 --> 03:46:38.120
I don't see any, oh Miss hardy I'm sorry, yeah.

4127
03:46:40.970 --> 03:46:42.570
Miss Hardy, your microphone.

4128
03:46:49.630 --> 03:46:51.080
<v Mr. Rowley>Now you're on.</v>

4129
03:46:52.051 --> 03:46:52.884
<v ->Can you hear me?</v>

4130
03:46:52.884 --> 03:46:54.327
<v Mr. Rowley>Yes, we can.</v>

4131
03:46:54.327 --> 03:46:57.387
<v ->I have to get some (mumbles)</v>

4132
03:46:57.387 --> 03:47:01.560
helped me with a real major problem about a young man,

4133
03:47:01.560 --> 03:47:03.240
(mumbles)

4134
03:47:03.240 --> 03:47:05.020
and they gave me enough information

4135
03:47:06.152 --> 03:47:08.535
that I was able to talk to the UIL

4136
03:47:08.535 --> 03:47:10.320
and push the situation such that,

4137
03:47:12.288 --> 03:47:13.310
the UIL changed their position on something

4138
03:47:15.132 --> 03:47:16.920
that's very unusual.

4139
03:47:16.920 --> 03:47:17.790
And it's a credit to the UIL,

4140
03:47:18.929 --> 03:47:21.120
because what they were looking at, was that,

4141
03:47:22.324 --> 03:47:26.720
when we have sports for kids is to enrich their lives.

4142
03:47:26.720 --> 03:47:30.520
And I'm asking why and not just follow the rules

4143
03:47:30.520 --> 03:47:33.540
and so I really appreciate the work that the staff,

4144
03:47:33.540 --> 03:47:34.420
(mumbles)

4145
03:47:34.420 --> 03:47:38.253
And what UIL was able to do with that, thank you.

4146
03:47:38.253 --> 03:47:39.490
<v ->Okay, very good.</v>

4147
03:47:39.490 --> 03:47:43.830
Okay, Monica and/or Kelly, certainly Kelly,

4148
03:47:43.830 --> 03:47:46.710
I would like to give you an opportunity if you'd like

4149
03:47:46.710 --> 03:47:51.220
to just kind of give some parting comments,

4150
03:47:51.220 --> 03:47:52.470
if you'd like to do that.

4151
03:47:55.430 --> 03:47:56.922
<v ->Thank you.</v>

4152
03:47:56.922 --> 03:48:01.617
I would just say that I believe it or not have enjoyed

4153
03:48:02.750 --> 03:48:05.885
Board meetings over the past 15 years.

4154
03:48:05.885 --> 03:48:08.410
I've enjoyed working with all of you

4155
03:48:08.410 --> 03:48:09.710
and your predecessors

4156
03:48:09.710 --> 03:48:14.710
and this is one of the things about retiring

4157
03:48:14.960 --> 03:48:16.490
that I will miss the most.

4158
03:48:18.490 --> 03:48:21.170
<v ->Okay, very good, Chairman Ellis,</v>

4159
03:48:21.170 --> 03:48:22.870
I'll turn the meeting back to you.

4160
03:48:23.810 --> 03:48:26.130
<v ->Okay is there any other comments from staff,</v>

4161
03:48:26.130 --> 03:48:27.880
any other members that have anything?

4162
03:48:27.880 --> 03:48:29.980
I think we've got all the members through.

4163
03:48:31.220 --> 03:48:35.370
So again, I do wanna thank staff, Monica, Laney, Shelly

4164
03:48:35.370 --> 03:48:38.881
and Kelly, this is on top of everything else.

4165
03:48:38.881 --> 03:48:42.180
I know that you're doing at the agency right now

4166
03:48:43.080 --> 03:48:47.270
to support our students in this new era

4167
03:48:47.270 --> 03:48:48.450
that we're going through.

4168
03:48:48.450 --> 03:48:51.140
I wanna take a little bit more time to thank you

4169
03:48:51.140 --> 03:48:53.100
for everything you've done to support us

4170
03:48:53.100 --> 03:48:56.880
and truly this meeting went off without a hitch.

4171
03:48:56.880 --> 03:48:58.160
Everything went well.

4172
03:48:58.160 --> 03:49:01.490
And that's because of what y'all been able to do.

4173
03:49:01.490 --> 03:49:04.540
So we very, very much appreciate that.

4174
03:49:04.540 --> 03:49:07.350
And then thank you to the members for being patient,

4175
03:49:07.350 --> 03:49:11.554
for again, working through this process.

4176
03:49:11.554 --> 03:49:13.390
Again, as I said earlier,

4177
03:49:13.390 --> 03:49:15.620
I'm really proud to be part of this Board.

4178
03:49:15.620 --> 03:49:18.436
So we will get back with you hopefully by next week

4179
03:49:18.436 --> 03:49:22.430
on what the timeframe will look like for our May meeting

4180
03:49:22.430 --> 03:49:25.330
and gets a little more clarification for that

4181
03:49:25.330 --> 03:49:28.430
and possibly be virtual again,

4182
03:49:28.430 --> 03:49:30.010
but we just don't know, time will tell.

4183
03:49:30.010 --> 03:49:34.230
But we will work on both scenarios.

4184
03:49:34.230 --> 03:49:36.430
So I think that is it.

4185
03:49:36.430 --> 03:49:38.980
And if there's no other comment for everyone,

4186
03:49:38.980 --> 03:49:40.080
we do stand adjourned.

4187
03:49:42.120 --> 03:49:43.430
<v Mr. Rowley>Bye bye, everybody.</v>