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[00:00:05]

GOOD EVENING.

IT IS 5:00.

IT IS 5:00.

AND I CALL TO ORDER A SPECIAL MEETING OF THE BOARD OF TRUSTEES OF FRISCO ISD.

WE HAVE FIVE TRUSTEES PRESENT.

AND WITH THAT, WE WILL MOVE TO OUR ONLY AGENDA ITEM, WHICH IS COMMUNICATION TO AND FROM THE BOARD, INCLUDING PUBLIC COMMENTS ON T HE RESOLUTION TO JOIN LITIGATION CHALLENGING CHANGES TO A THROUGH F ACCOUNTABILITY SYSTEM.

AND WE DO NOT HAVE ANY PUBLIC COMMENTS AT THIS TIME.

[2.A. Consider and Act on a resolution regarding Cause No. D-1-GN-23-004675 filed in the 419th District Court, Travis County ]

AND SO WE WILL GIVE THE FLOOR TO MR. STOCKTON. THANK YOU ALL.

SO I'M GOING TO START OFF JUST GIVING YOU ALL KIND OF A ROADMAP OF HOW WE'RE GOING TO PROCEED.

AND THEN I'M GOING TO ASK GARY TO COME UP HERE IN JUST A SECOND.

SO FIRST, WE'RE GOING TO HAVE JUST A LITTLE BIT OF A FOUNDATION SETTING FOR YOU ALL FROM OUR EXECUTIVE DIRECTOR OF CONTINUOUS IMPROVEMENT, DR.

GARY NYE. HE IS GOING TO GO OVER SOME OF THE INFORMATION THAT YOU ALL RECEIVED BACK IN MAY AT YOUR MAY BOARD MEETING TO JUST LET YOU ALL KNOW WHAT THE ACCOUNTABILITY CHANGES ARE GOING TO LOOK LIKE. AFTER THAT, I'LL GIVE YOU A KIND OF AN OVERVIEW OF THE LAWSUIT AND THEN WE'LL BRIEFLY REVIEW THE RESOLUTION, ITS PURPOSE AND ITS EFFECT.

SO, DR. NYE. GOOD EVENING, BOARD ISD.

TONIGHT I'LL KIND OF GO THROUGH SOME OF THE QUICK REVIEW OF THE STATE'S ACCOUNTABILITY SYSTEM AND SPECIFICALLY WHAT CHANGES OCCURRED WITHIN THE SYSTEM.

AND WE'VE TALKED ABOUT THIS A LOT THROUGHOUT THIS LAST YEAR.

AND AS MR. STOCKTON MENTIONED SPECIFICALLY, WE COVERED A LOT OF THIS IN MAY.

SO I'LL GO THROUGH THIS FAIRLY QUICKLY.

BUT IF YOU HAVE QUESTIONS, PLEASE STOP ME AND WE CAN KIND OF STOP AND DISCUSS.

SO AS A REMINDER, JUST TO KIND OF GIVE A COMMON BACKGROUND.

THE DATA INCLUDED IN THE A-F ACCOUNTABILITY SYSTEM IS REALLY MADE UP OF THREE PARTS.

NUMBER ONE IS THE STAAR TEST, WHICH STAAR TEST IS BROKEN DOWN INTO TERMS OF PERFORMANCE AND GROWTH.

THE SECOND COMPONENT IS WHAT'S CALLED COLLEGE CAREER AND MILITARY READINESS, OR IT'S OFTEN REFERRED TO AS CCMR, WHICH HAS TEN INDICATORS OF TEN CCMR INDICATORS.

AND THEN THE THIRD COMPONENT IS GRADUATION RATE, WHICH IS WHAT IT SOUNDS IS A PERCENTAGE OF STUDENTS THAT GRADUATE WITHIN FOUR OR 5 OR 6 YEARS.

SO THIS OUR ENTIRE ACCOUNTABILITY SYSTEM IS MADE UP OF THESE THREE DATA SETS, STAAR, TEST, CCMR AND GRADUATION RATE.

WHAT I WANT TO SHOW YOU HERE ON THIS NEXT SET, ON THIS NEXT SLIDE IS WHAT TEA DOES WITH THESE MEASURES.

TEA TAKES DATA FROM THESE MEASURES.

AND WHAT THEY DO IS THEY MIX AND DISAGGREGATE THE DATA NUMEROUS DIFFERENT WAYS OF WHAT THEY CALL THESE THREE DOMAINS OF THE RATING SYSTEM.

THEN THE DATA WITHIN EACH OF THE DOMAINS IS TURNED INTO A SCALE SCORE, WHICH IS THEN ASSIGNED A LETTER GRADE.

SO AS YOU CAN SEE ON THE PREVIOUS SLIDE, THE STAAR PERFORMANCE, IT'S A COMPONENT OF DOMAINS ONE, TWO AND THREE CCMR DATA IS ALSO WITHIN EACH ONE OF THOSE DOMAINS.

AND THEN GRADUATION RATES, PART OF DOMAINS ONE AND THREE.

SO THESE ALL TOGETHER IS WHAT TEA USES TO ASSIGN THE DISTRICT AND CAMPUSES LETTER GRADES.

SO WHAT WE'D LIKE TO DO NOW IS JUST KIND OF GO THROUGH EACH ONE OF THESE THREE DATA SETS, KIND OF HIGHLIGHT SOME OF THE SIGNIFICANT CHANGES THAT OCCURRED ACROSS EACH ONE OF THESE THREE POINTS. SO AGAIN, THE STAAR TEST IS BASED ON PERFORMANCE AND GROWTH PERFORMANCE.

PERFORMANCE IS AT THE APPROACHES MEETS AND MASTERS STANDARDS.

AND REALLY THERE WAS NO CHANGES TO PERFORMANCE ON STAAR TEA DID ASSIGN NEW CUT POINTS FOR APPROACHES MEETS AND MASTERS IN TERMS OF WHAT THE STUDENTS NEEDED TO SCORE FOR THOSE LEVELS.

BUT THE CALCULATION THE FORMULA ITSELF DID NOT CHANGE.

ON THE OTHER HAND, GROWTH TO DID CHANGE THE WAY GROWTH IS CALCULATED.

IN THE PAST THEY USED A SCALE SCORE TEA IS NOW SWITCHING OVER TO WHAT'S CALLED A TRANSITION TABLE, IT'S A LITTLE BIT DIFFERENT WAY TO DETERMINE GROWTH.

IT'S TEA REPORTS IT'S A MUCH SIMPLER WAY TO COMMUNICATE GROWTH, BUT IT IS A LITTLE LESS STATISTICALLY VALID.

SO THAT'S THE CHANGE ON THE STAAR TEST IS REALLY PRIMARILY THE BIG CHANGES WITH GROWTH.

ALSO JUST THE CHANGE TO THE STAAR TEST IN AND OF ITSELF.

AGAIN, THESE ARE JUST REMINDERS.

BUT THERE WERE FOUR BIG CHANGES TO THE STAAR TEST MOVING ONLINE INCORPORATION OF CROSS-CURRICULAR PASSAGES.

THE NEW ITEM TYPES 25% OF THE TEST WAS TO BE DESIGNED COMPRISED OF THESE NEW ITEM TYPES OR 14 DIFFERENT WAYS STUDENTS COULD

[00:05:04]

RESPOND TO STAAR QUESTIONS, AND THEN THE INCLUSION OF WRITING ON ALL THE ORAL ASSESSMENTS.

WRITING USED TO BE JUST A FOURTH AND SEVENTH GRADE ASSESSMENT, BUT NOW IT'S INCORPORATED ALL GRADE LEVELS, THREE THROUGH EIGHT.

AND I GUESS WHAT I'D LIKE US TO KEEP IN MIND ON THIS ARE THE CHANGES FROM THE PERSPECTIVE OF AN ASSESSMENT.

I THINK THESE ARE REALLY STRONG CHANGES IN TERMS OF MAKING THE STAAR TEST A BETTER, MORE VALID ASSESSMENT.

REALLY THE QUESTION REMAINS IS HOW DO THESE CHANGES IMPACT THE MEASUREMENT OF THE ASSESSMENT? AND I THINK THERE'S STILL A LOT OF QUESTIONS REMAINING, PARTICULARLY ON THE RIGHT SIDE, THE NEW ITEM TYPES AND THE INCLUSION OF THE EXTENDED CONSTRUCTED RESPONSE ON THE RLA ASSESSMENTS.

SO THAT'S ONE OF THE THINGS WE'LL LOOK AT KIND OF DISCUSS IS THE IMPROVEMENTS TO THE ASSESSMENT.

BUT THEN SOME OF THE QUESTIONS THAT ARISES WITH THE WAY THE ASSESSMENTS MEASURED.

SO THAT'S A STAAR TEST, CMR PROPOSED CHANGES THERE.

WE'VE MENTIONED THIS LAST TIME IN MAY, BUT THE TEN INDICATORS IN AND OF THEMSELVES HAVE NOT CHANGED.

THEY STAYED THE SAME FOR THE MOST PART.

AND SPECIFICALLY IN TERMS OF FRISCO LENS, ONE THING I DO WANT TO NOTE ABOUT THE CCMR DATA, THIS IS WHAT THEY CALL LAGGING DATA.

SO THIS IS, FOR EXAMPLE, OUR 2023 ACCOUNTABILITY SYSTEM WILL BE BASED UPON OUR 2022 GRADUATES.

KIND OF INTERESTING NOTE HERE, SPECIFICALLY SINCE WE'RE GETTING THIS DATA SO LATE, WHEN WE GET OUR ACCOUNTABILITY RATINGS LATER IN SEPTEMBER, THIS DATA WILL ACTUALLY BE BASED UPON STUDENTS WHO ARE A LOT OF THEM SOPHOMORES IN COLLEGE OR STARTING THEIR SECOND YEAR POST HIGH SCHOOL.

SO IT IS DEFINITELY LAGGING DATA.

THE BIG CHANGES RELATED TO CCMR WAS WERE NOT THE ITEMS ITSELF.

IT'S THE WAY THE CCMR INDICATORS ARE GRADED OR SCALED AND WHAT TEA IN THE LAST FIVE YEARS FROM 2018 TO 2022 IN ORDER FOR TO EARN AN A DISTRICTS OR SCHOOLS HAD TO HAVE A SCORE OF 60 OR MEANING THAT 60% OF THEIR GRADUATES MET ONE OF THOSE CRITERIA TEA IS CHANGING THE PROPOSED CHANGE IS TO MOVE THAT UP TO AN 88, WHICH REPRESENTS A KIND OF A STAGGERING 47% INCREASE IN THAT STANDARD.

SO WHAT WOULD WE ESTIMATE THAT TO LOOK LIKE IN TERMS OF THE DISTRICT RATING? IN 2022 THE CCMR SCORE FOR FISD WAS 75 OR 75% OF OUR GRADUATES MET ONE OF THOSE CRITERIA.

THAT EQUATED TO AN A.

THAT SAME SCALE SCORE IN 2023 WOULD DROP THE DISTRICT'S RATING FOR CCMR TO A 75 OR 75 WOULD EQUATE TO A 78 SCALE SCORED.

AND AGAIN, CCMR REPRESENTS A SIGNIFICANT PART OF DOMAIN, ONE PART OF DOMAIN TWO AND DOMAIN THREE.

SO THAT IMPACT WOULD BE DISTRIBUTED THROUGHOUT OUR SYSTEM.

AND THE KEY TAKEAWAY HERE IS WHAT WE'RE SEEING HERE IS AN IDENTICAL PERFORMANCE RESULTS IN A SIGNIFICANTLY LOWER RATING FROM TEA.

AND THEN THE FINAL COMPONENT, GRADUATION RATE, REALLY THERE'S VERY MINIMAL, VERY SLIGHT CHANGES, INCREASE IN RIGOR TO THE GRADUATION RATE.

SO AS A SUMMARY, BIG CHANGES TO THE 23 ACCOUNTABILITY SYSTEM.

ONE OF THE MAIN DATA SOURCES TO THE ACCOUNTABILITY SYSTEM ITSELF, THE STAAR TEST, WAS COMPLETELY REDESIGNED.

AND THEN THERE WERE A TON OF CHANGES TO THE CALCULATIONS AND THE SCORING OF THESE RATINGS.

AND I TRIED TO KIND OF SUMMARIZE THOSE A LITTLE BIT HERE.

WE'VE KIND OF GONE THROUGH, I THINK, TALKED THROUGH MOST OF THOSE.

THE ONLY ONE WE REALLY DIDN'T TALK ABOUT YET IS DOMAIN THREE, WHICH THAT'S WHERE THE STATE AND FEDERAL ACCOUNTABILITY SYSTEM COME TOGETHER AND TEA MADE SOME SIGNIFICANT CHANGES TO HOW DOMAIN THREE IS CONFIGURED AS WELL AS CALCULATED.

AND ONE OF THE THINGS TEA KIND OF NOTES IS BECAUSE OF ALL OF THESE CHANGES, EVEN THEIR ADVICE TO SCHOOLS, DISTRICTS AND SCHOOL BOARDS IS WE REALLY CANNOT COMPARE 2022 ACCOUNTABILITY TO 2023 ACCOUNTABILITY.

THEY'RE ALREADY TELLING US THAT BECAUSE OF ALL OF THESE CHANGES, THERE ARE TWO VERY DIFFERENT SYSTEMS. SO THEY'RE ASKING US NOT TO TRY TO DO ANY COMPARISONS BETWEEN THOSE TWO SYSTEMS. AGAIN, IT'S JUST BASED UPON THE CALCULATIONS AND THE DATA BEHIND IT ARE JUST VERY DIFFERENT.

[00:10:06]

SO WITHIN THESE CHANGES TO THE SYSTEM.

WE KIND OF WANT TO SHOW YOU WHAT SOME OF OUR DATA LOOKS LIKE GOING INTO THIS 2023 ACCOUNTABILITY SYSTEM AND WHAT WE CAN KIND OF ANTICIPATE SOME OF OUR DATA LOOKING LIKE. SO THE STAAR PERFORMANCE, IF WE JUST LOOK AT PASSING RATE 2022, 90% OF OUR STUDENTS MET THAT PASSING STANDARD 2023 UP TO 92%. AND THIS IS ALL GRADE LEVELS, ALL TESTS, ALL SUBJECTS KIND OF AVERAGED TOGETHER.

SO THAT'S OUR STAAR PERFORMANCE STAAR GROWTH, SLIGHT INCREASE FROM 81 TO 81.5% OF OUR STUDENTS MEETING THE GROWTH TARGETS.

CCMR WENT UP ONE PERCENTAGE POINT WITH CCMR AND GRADUATION RATE SHOWED A SLIGHT, SLIGHT DECREASE.

SO AGAIN, TEA TAKES THAT DATA PUTS IT WITHIN THE CONTEXT OF THE ACCOUNTABILITY SYSTEM.

AND AGAIN, FOR ELEMENTARY AND MIDDLE SCHOOLS, IT'S 100% OF THE SYSTEM IS BASED UPON STAAR PERFORMANCE.

AND THEN FOR HIGH SCHOOLS IN THE DISTRICT DATA, CCMR IS ADDED INTO EACH ONE OF THE DOMAINS AS WELL AS GRADUATION RATE.

SO NOW YOU'RE KIND OF PROBABLY WONDERING, OKAY, WE SAW SOME OF THE CHANGES IN THE DATA.

WE SAW SLIGHT INCREASES IN THE DATA HERE AND THERE.

HOW MIGHT WE AND WHAT MIGHT WE ANTICIPATE OUR ACCOUNTABILITY RATINGS BE? SO TEA EARLIER THIS SPRING THEY PROVIDED US A WHAT IF REPORT WHICH TOOK OUR 2022 DATA AND PUT IT WITHIN THE 2023 ACCOUNTABILITY SYSTEM.

SO AGAIN, THIS IS JUST BASED UPON 2022 DATA.

BUT WHAT WE SAW AS A REVIEW OF THOSE CHANGES IS WE CAN ANTICIPATE DISTRICT RATING TO GO DOWN BY APPROXIMATELY FIVE PERCENTAGE POINTS ON THE 90 ON THE 0 TO 100 SCALE.

RATINGS OF HIGH SCHOOLS ON AVERAGE WENT DOWN ABOUT SEVEN PERCENTAGE POINTS.

AND THEN RATINGS OF ELEMENTARY AND MIDDLE SCHOOLS WENT DOWN APPROXIMATELY 1 TO 2 PERCENTAGE POINTS PER CAMPUS.

AND AGAIN, THIS WAS JUST BASED UPON THE WHAT IF, 2022 DATA IN THE WHAT IF REPORT.

THESE ARE ONLY THE CALCULATIONS.

AND THEN JUST A REFRESHER OF THE TIMELINE.

IN EARLY MARCH, WE KIND OF GOT SOME UPDATED INFORMATION FROM TEA ON THE A-F FRAMEWORK IN APRIL AND MAY.

WE KIND OF WE HAD THE BULK OF OUR TESTING OCCURRING IN APRIL AND MAY AND THEN WE DIDN'T EVEN GET OUR DRAFT OF THIS IS STILL OUR DRAFT ACCOUNTABILITY MANUAL, BUT WE DIDN'T GET THAT UNTIL LATE MAY.

TEA IS REQUIRED BY STATUTE TO RELEASE ACCOUNTABILITY RATINGS AUGUST 15TH, WHICH OBVIOUSLY WE DON'T HAVE YET.

THE FINAL ACCOUNTABILITY MANUAL, INITIALLY, IT WAS PUBLISHED TO BE RELEASED DURING THE SUMMER OF 23, AND THEN IT WAS BUMPED BACK TO THE AUGUST TO AUGUST OF 2023.

AND AS OF THE BEGINNING OF SEPTEMBER, WE STILL DON'T HAVE THE FINAL ACCOUNTABILITY MANUAL.

BUT HERE IN A COUPLE OF WEEKS, SEPTEMBER 28TH, IS WHEN TEA'S PROPOSE TO RELEASE THE A-F ACCOUNTABILITY RATING.

SO A COUPLE OF WEEKS OUT FROM THE FORMAL RATINGS, WE STILL DON'T HAVE THE OFFICIAL MANUAL OF HOW WE'RE GOING TO BE HELD ACCOUNTABLE TO THOSE RESULTS.

SO THAT BRINGS US TO KIND OF AN OVERVIEW OF THIS LITIGATION THAT YOU ALL ARE CONSIDERING A RESOLUTION TO JOIN TONIGHT.

SO THE LITIGATION IS BASED ON THIS STATUTE, TEXAS EDUCATION CODE, SECTION 39.0542, WHICH SAYS THAT EACH SCHOOL YEAR THE COMMISSIONER SHALL PROVIDE EACH SCHOOL DISTRICT A DOCUMENT IN A SIMPLE, ACCESSIBLE FORMAT THAT EXPLAINS THE PERFORMANCE MEASURES, METHODS AND PROCEDURES THAT WILL BE APPLIED FOR THAT SCHOOL YEAR.

THE COMMISSIONER ACTUALLY DID PROVIDE A DOCUMENT FOR THE 2022, 2023 SCHOOL YEAR, BUT IT WAS USING THE SYSTEM THAT WAS IN PLACE FOR THE PRIOR YEAR.

IT WAS NOT USING THIS NEW SYSTEM.

AT THIS POINT, THE COMMISSIONER HAS NOT ISSUED A DOCUMENT WITH THIS NEW SYSTEM THAT WOULD SATISFY THIS STATUTE.

SO SO THE ARGUMENT OF THE LAWSUIT IS THAT IN ORDER FOR THIS STATUTE, THIS PURPOSE OF THIS STATUTE IS TO MAKE SURE THAT SCHOOL DISTRICTS AND PARENTS AND COMMUNITY MEMBERS UNDERSTAND HOW SCHOOLS ARE GOING TO BE RATED, HOW SCHOOLS ARE GOING TO BE MEASURED IN A GIVEN SCHOOL YEAR.

AND WE DO NOT HAVE THAT DOCUMENT.

WE DID NOT HAVE THAT DOCUMENT SHOWING HOW SCHOOL DISTRICTS WERE GOING TO BE MEASURED FOR THE 22, 23 SCHOOL YEAR BECAUSE THE DOCUMENT THAT WAS PROVIDED WAS FOR A SYSTEM THAT IS NOT BEING NOT INTENDED TO BE USED FOR THAT SCHOOL YEAR.

AND THE SAME IS TRUE NOW FOR THIS CURRENT SCHOOL YEAR THAT WE'RE IN, THE 23, 2024 SCHOOL YEAR.

[00:15:06]

THAT'S WHAT THIS SLIDE SAYS.

I SHOULD HAVE CLICKED OVER. SO THE LAWSUIT ASKS THE COURT NOT TO PREVENT THE COMMISSIONER FROM RAISING STANDARDS.

AND I WANT TO BE VERY CLEAR ABOUT THAT.

THIS IS NOT ABOUT INCREASING STANDARDS FRISCO ISD AND OTHER SCHOOL DISTRICTS ACROSS THE STATE SUPPORT INCREASING STANDARDS.

THIS IS ABOUT THE ADVANCED NOTICE THAT SCHOOLS AND COMMUNITIES SHOULD HAVE WHEN WE'RE GOING TO CHANGE HOW WE'RE MEASURING SCHOOLS.

AND SO THIS ASKS NOT THAT THOSE STANDARDS NOT BE RAISED, BUT INSTEAD THAT THE COMMISSIONER HAVE TO PROVIDE ADVANCE NOTICE, MEANING THAT THOSE STANDARDS WOULD BE RAISED FOR THE 2024, 2025 SCHOOL YEAR.

SO THAT WAY HE COULD ISSUE RATINGS USING THE EXISTING SYSTEM AND THEN PROVIDE THE APPROPRIATE NOTICE IN ADVANCE OF THE 2024, 2025 SCHOOL YEAR FOR SCHOOLS AND FOR COMMUNITIES. AND THEN ALTERNATIVELY, IF THE COMMISSIONER DOESN'T WANT TO ISSUE RATINGS UNDER THE UNDER THE OLD SYSTEM TO ISSUE NO RATINGS FOR THOSE TWO SCHOOL YEARS.

AND I WOULD ADD THAT IN TERMS OF THE STAAR CHANGES IN GENERAL, IN THE PAST WHEN WE'VE HAD MAJOR CHANGES TO THE STATE ASSESSMENT, THAT DATA IS REPORTED BUT IS NOT USED FOR ACCOUNTABILITY PURPOSES IN THE YEAR THAT THAT IS FIRST IMPLEMENTED, BECAUSE THERE'S NO WAY TO UNDERSTAND WHAT THOSE SCALE SCORES ARE GOING TO BE TO PROVIDE THAT DOCUMENT UP FRONT WHEN YOU'RE USING A TEST FOR THE FIRST TIME.

SO THIS WILL BE THE FIRST TIME I THINK THAT I'M AWARE OF IN WHICH THE COMMISSIONER WILL ISSUE RATINGS USING A BRAND NEW TEST.

THAT'S NEVER BEEN DONE BEFORE.

SO THIS LAWSUIT, JUST A LITTLE BIT ABOUT THE TIMELINE.

IT WAS FILED AT THE END OF AUGUST.

THE FIRST STEP AND THIS IS A TEMPORARY RESTRAINING ORDER HEARING, WHICH IS A TEMPORARY ORDER TO PREVENT THAT, IF IT WAS GRANTED, WOULD PREVENT THE ISSUANCE OF THE RATINGS PENDING A LARGER HEARING ON WHAT'S CALLED A TEMPORARY INJUNCTION.

THAT HEARING IS KIND OF LIKE A MINI TRIAL WHERE YOU'VE GOT EVIDENCE AND WITNESSES AND THOSE KINDS OF THINGS.

YOU WOULD THEN HAVE A DECISION ON THE TEMPORARY INJUNCTION.

IF THAT WAS ISSUED, THEN THERE WOULD STILL THEORETICALLY BE A TRIAL ON A PERMANENT INJUNCTION AT SOME POINT IN THE FUTURE UNLESS A DECISION WAS MADE AT THAT POINT NOT TO ISSUE THE RATINGS. IF THE COMMISSIONER MADE THAT DECISION ON ITS OWN, THEN THE CASE WOULD BECOME MOOT.

THE TEMPORARY RESTRAINING ORDER HEARING IS SCHEDULED FOR SEPTEMBER 25TH, WHICH IS ONE DAY BEFORE THE RATINGS ARE SUPPOSED TO BE ISSUED TO SCHOOLS IN THREE DAYS BEFORE THEY'RE SUPPOSED TO BE PUBLISHED TO THE PUBLIC.

OBVIOUSLY, ANY TIME WE TALK ABOUT JOINING A LAWSUIT, ONE OF THE PRIMARY THINGS WE THINK ABOUT IS THE COST.

AND SO I'M GLAD TO LET YOU ALL KNOW THAT WE, THE ATTORNEYS WHO HAVE BROUGHT THIS LAWSUIT, WHICH WAS ACTUALLY STARTED IN SOUTH TEXAS, THERE'S A GROUP OF SEVEN DISTRICTS THAT FILED AND SEVERAL OTHER DISTRICTS ARE ADDING ON TOP OF THAT.

THAT LAW FIRM IS SPLITTING THE COSTS EVENLY ACROSS ALL DISTRICTS THAT ARE JOINING, AND THEY ARE PLACING A $10,000 CAP ON THEIR FEES.

SO IN NO SITUATION WOULD IT GO OVER $10,000.

THAT BEING SAID, THEY'RE ACTUALLY ESTIMATING SIGNIFICANTLY LESS THAN THAT.

SO POTENTIALLY AS LOW AS $5,000.

AND THAT'S BASED ON AS MORE DISTRICTS JOIN, YOU'RE SPLITTING UP THE FEES MORE.

AND THAT $10,000 WAS REALLY BASED ON KIND OF MORE PROTRACTED APPEALS AND LITIGATION AND THOSE KINDS OF THINGS.

SO IF THAT DOESN'T HAPPEN, THEN THE FEES WOULD BE SIGNIFICANTLY LESS.

SO WE'RE ESTIMATING THIS AT A 5 TO $10,000 COST, WHICH COULD BE ABSORBED BY OUR EXISTING LEGAL COUNSEL BUDGET AND WOULD NOT REQUIRE ANY ADDITIONAL FUNDS FROM YOU ALL BEYOND WHAT'S ALREADY BEEN BUDGETED.

SO THAT'S KIND OF IT ON THE LAWSUIT.

JUST REAL QUICK ON THE RESOLUTION FOR YOU ALL AND THEN WE'LL TAKE ANY QUESTIONS.

YOU ALL HAVE. THE RESOLUTION THAT YOU HAVE IN FRONT OF YOU IS QUITE LONG.

AND DESPITE WHAT YOU MAY THINK, I DO NOT TRY TO MAKE THEM LONG, BUT I JUST WANT TO BE REALLY CLEAR ABOUT KIND OF WHAT THE PURPOSE IS AND WHY IT'S SO LONG AND WHAT KIND OF IT MEANS, RIGHT? SO THE PURPOSE OF THE RESOLUTION IS REALLY TO LAY OUT THE CASE OF WHY FRISCO ISD BELIEVES IT MAKES SENSE TO JOIN THE LAWSUIT. AND SO ALL OF THE WHEREASES IN THERE ARE REALLY JUST LAYING OUT THOSE KIND OF ALLEGED FACTS THAT COME OUT IN THE LAWSUIT THAT ARE PART OF THE LAWSUIT SAYING THIS IS WHAT WE AS A DISTRICT ARE SAYING IS HAPPENING AND THIS IS WHY WE'RE ASKING THE COURT TO STEP IN AND LITIGATE, BECAUSE WE ARE MAKING THESE ALLEGATIONS THAT THE COMMISSIONER IS NOT FOLLOWING THE STATUTE.

AND SO WE WANT THE COURT TO COME IN AND REVIEW THOSE ALLEGATIONS AND MAKE THAT DETERMINATION.

YOU ALL ARE NOT EMPOWERED TO, YOU KNOW, ADJUDICATE CASES.

AND SO YOU'RE NOT MAKING A DETERMINATION THAT HE DID OR DIDN'T VIOLATE THE LAW.

YOU ARE MAKING ALLEGATIONS.

THAT'S HOW A LAWSUIT WORKS.

THAT'S HOW A PETITION WORKS, IS THAT THE PLAINTIFFS MAKE THE ALLEGATIONS.

AND THEN YOU GO THROUGH THE PROCESS.

YOU ALL HAVE TO ACT AS A BODY.

YOU CAN'T ACT INDIVIDUALLY.

AND SO THE EASIEST WAY FOR YOU ALL TO DO THAT IS THROUGH A RESOLUTION.

AND SO THIS IS YOU AS A BODY.

IF YOU WERE TO APPROVE THIS RESOLUTION, IT WOULD BE YOU AS A BODY SAYING, WE ARE LAYING OUT OUR ALLEGATIONS AND OUR CASE FOR WHY IT MAKES SENSE TO JOIN THIS LAWSUIT.

[00:20:01]

AND THAT'S THE EFFECT OF THE LAWSUIT AND THE PURPOSE OF THE LAW.

I'M SORRY, THE RESOLUTION AND THE PURPOSE OF THE RESOLUTION.

IF YOU WERE TO APPROVE THE RESOLUTION, WE WOULD THEN ENGAGE THE ATTORNEYS WHO FILED THE SUIT INITIALLY WITH THEIR LEGAL SERVICES AGREEMENT.

AND THEY WILL FILE AN AMENDED PETITION WITH US AND OTHER DISTRICTS THAT ARE ADDING ON WHERE THEY ADD OUR NAMES AS PLAINTIFFS TO THE LAWSUIT.

SO I THINK THAT'S ALL WE HAVE.

AND SO WE WILL ANSWER ANY QUESTIONS.

SO I THINK WE'RE GOING TO GO AHEAD AND I'M GOING TO LOOK FOR A MOTION FIRST.

OH, YES, THANK YOU. I FORGOT ABOUT THAT.

WE CHANGED OUR RULES.

BOARD I'LL LOOK FOR A MOTION.

TO OPEN UP COMMENT.

I'LL MOVE TO APPROVE THE RESOLUTION REGARDING CAUSE NUMBER D-1-GN-23-004675 FILED IN THE 419TH DISTRICT COURT OF TRAVIS COUNTY.

MOTION MADE BY MR. CLASSE SECOND BY MISS ARCHAMBAULT.

BOARD I'LL OPEN UP FOR QUESTIONS AND COMMENTS AT THIS TIME.

OR DO I NEED, SIR? THAT'S RIGHT.

YEAH, THAT'S GOOD. DO YOU WANT TO SAY ANYTHING ABOUT.

I MEAN, WE'VE BEEN WORKING, AT LEAST THROUGH THE LEGISLATIVE COMMITTEE, IF NOT THE WHOLE BOARD, KIND OF ON THIS ITEM WITH THE LEGISLATURE FOR THE BETTER PORTION OF 2023.

SO THIS ISN'T STEP ONE FOR US, REALLY? YES, ABSOLUTELY. AND I'M SORRY I DIDN'T INCLUDE THAT HERE.

WE WE DID BACK IN MARCH.

WE BEGAN WE ACTUALLY LED A GROUP OF ABOUT 250 SCHOOL DISTRICTS AND EDUCATION ORGANIZATIONS ACROSS THE STATE COLLECTIVELY RESPONSIBLE FOR EDUCATING 2.7 MILLION STUDENTS IN TEXAS.

MORE THAN HALF THE STUDENTS IN TEXAS WHO SENT A LETTER TO THE COMMISSIONER EXPRESSING CONCERN ABOUT THIS SYSTEM, MAKING IT CLEAR THAT WE SUPPORT RAISING STANDARDS, BUT THAT WE WERE NOT OKAY WITH THE RETROACTIVE NATURE OF THESE CHANGES.

THE FACT THAT THEY'RE GOING TO APPLY TO 2022 GRADUATES WHO HAVE NOT BEEN IN OUR SCHOOLS NOW FOR, WHAT, 15 MONTHS? AND THAT WE DIDN'T FEEL LIKE THAT WAS TRANSPARENT WITH OUR COMMUNITY ABOUT ABOUT HOW THIS HOW OUR SCHOOLS ARE DOING AND THAT WE FELT LIKE IT WAS GOING TO TELL A STORY THAT WAS THAT WOULD MAKE IT LOOK LIKE SCHOOLS WERE DECLINING EVEN WHEN SCHOOLS WERE ACTUALLY IMPROVING.

BECAUSE AS DOCTOR AND I NOTED AND THE TEA HAS NOTED, A SCHOOL CAN DO BETTER AND GET A WORSE GRADE.

AND IT'S GOING TO BE VERY HARD FOR PEOPLE TO UNDERSTAND THAT.

NO, NO AMOUNT OF PUBLIC RELATIONS CAMPAIGN FROM THE TEA IS GOING TO MAKE THAT CLEAR FOR PEOPLE.

AND SO WE WERE VERY CONCERNED ABOUT THAT AND WE EXPRESSED THOSE CONCERNS TO HIM.

IN A LETTER, WE RECEIVED A RESPONSE THAT ESSENTIALLY SAID.

THANKS FOR YOUR CONCERN.

WE'RE MOVING FORWARD.

AND SO THAT'S THAT WAS IN MARCH.

WE'VE HAD SEVERAL WE HAD SEVERAL CONVERSATIONS WITH LEGISLATORS WHO WERE EQUALLY CONCERNED ABOUT THIS COMMISSIONERS SPENT A LOT OF TIME HAVING BEING QUESTIONED ABOUT THIS IN THE HOUSE PUBLIC EDUCATION COMMITTEE DURING THE SESSION.

AND SO THAT HAS BEEN SOMETHING WE'VE WORKED ON THROUGH THIS THIS ENTIRE SESSION.

THERE WAS A BILL TO ACTUALLY PAUSE THIS THAT GOT CAUGHT UP IN SOME OTHER POLITICS AND DIDN'T GET PASSED.

AND SO HERE WE ARE.

THE ONLY OTHER THING I'LL SAY, AND WE COULD BE IN A SITUATION ANYWAY WHERE THE DISTRICT OR A CAMPUS IMPROVES, BUT WE GET A WORSE GRADE BECAUSE OF AN EVER RISING MARK.

AND AS YOU'VE SAID, AND I THINK THE BOARD PROBABLY WOULD AGREE, WE'RE OKAY WITH THAT AS LONG AS WE GET THE ADVANCE NOTICE SO THAT WE CAN WORK WITH THOSE KIDS BEFORE THEY'VE LEFT OUR SYSTEM AND NOT GET A RETROACTIVE PUNISHMENT ON A SYSTEM WHERE WE DIDN'T HAVE THE CUT SCORES KNOWN TO US WHILE THE KIDS WERE STILL UNDER OUR CARE.

YEAH, ABSOLUTELY. OKAY.

SO I JUST WANT TO SORT OF GO THROUGH A TIMELINE AND DR.

NYE, PLEASE CORRECT ME IF I'M MISREMEMBERING THIS, BECAUSE A LOT HAS HAPPENED SINCE COVID FOR OUR DISTRICT AND FOR PUBLIC EDUCATION ACROSS THE STATE.

SO IN 2020, 2021, WHEN OUR SCHOOLS WERE STILL ALLOWED TO DO VIRTUAL LEARNING, STUDENTS WERE REQUIRED TO TAKE THE STAAR, BUT THEY HAD TO TAKE IT ON CAMPUS IF THEY WEREN'T COMFORTABLE COMING TO A CAMPUS.

OUR SCORES WERE STILL REPORTED, BUT THERE WASN'T A PUNITIVE NATURE TO THOSE SCORES.

IS THAT CORRECT? 20 TO 21.

22 TO 22 ALL STUDENTS WERE REQUIRED, EVEN THOUGH WE WERE STILL ALLOWED VIRTUAL EDUCATION, WE WERE STILL IN A HYBRID SYSTEM.

WE WERE REQUIRED TO TAKE THOSE TESTS.

AND AT THAT POINT WE BECAME THERE WAS A PUNITIVE NATURE PUT BACK INTO PLACE IN 21-22.

THE TEA PROVIDED AN A, B, OR C LETTER GRADE THAT ANYTHING LOWER THAN THAT WAS NOT RATED.

GOT IT. OKAY.

AND THEN SO THAT'S 21-22 AND NOW 22-23.

THIS LAST YEAR THE TEA, BASED ON THEIR RECOMMENDATIONS, WILL RETRO ACT A SCORING SYSTEM. SO THE LAST THREE YEARS HAVE BEEN ABSOLUTELY OUTSIDE OF ANYONE'S CONTROL BASED ON THIS RATING SYSTEM, BECAUSE OF COVID POST COVID AND NOW A RETROACTIVE MEASURE THAT THE TEA IS TRYING TO IMPOSE, I THINK THAT'S A REALLY THAT WAS IMPORTANT TO ME WHEN WE WERE LOOKING AT THIS.

[00:25:06]

AND AS WE'VE BEEN TALKING ABOUT THIS RATING SYSTEM FOR A LONG TIME, THE LAST THREE YEARS HAVE JUST BEEN, YOU KNOW, EVERYONE'S HEARD OF THE WORD UNPRECEDENTED, BUT IT'S BEEN UNPRECEDENTED FOR PUBLIC EDUCATION.

THE NEEDLE IS ALWAYS MOVING AND I THINK THAT FRISCO ISD AND DISTRICTS ACROSS THE STATE HAVE DONE AN INCREDIBLE JOB AT MEETING THOSE REQUIREMENTS AND CONTINUING TO PUSH OUR KIDS AND OUR FAMILIES AHEAD, EVEN WITH CIRCUMSTANCES THAT WERE WELL BEYOND THE CONTROL OF ANY PUBLIC SCHOOL DISTRICT.

SO, YOU KNOW, AS I LOOK AT THIS, AGAIN, CHALLENGING THESE CHANGES TO THE ACCOUNTABILITY SYSTEM, THIS ACCOUNTABILITY SYSTEM HAS BEEN ALL OVER THE ALL OVER THE BOARD FOR THE LAST THREE YEARS. AND WE'LL CONTINUE TO DO SO.

AND I THINK THAT IT'S IMPORTANT FOR MY PERSPECTIVE AND I'M JUST ONE OF SEVEN, BUT I THINK IT'S IMPORTANT FOR US TO REALLY CONSIDER THAT, YOU KNOW, FIRST OF ALL, IT'S ONE IT'S ONE SCORE, RIGHT? I MEAN, IT'S WE ARE SO MUCH BIGGER THAN A THAN AN A THROUGH F RATING.

BUT I DO THINK IT'S IMPORTANT THAT WE FIGHT FOR NOT ONLY THE KIDS IN FRISCO ISD, BUT OUR 5.4 MILLION KIDS THAT ARE THE NEEDLE IS CONSTANTLY BEING MOVED ON THEM AND THEIR TEACHERS. AS WE CONTINUE TO GO THROUGH THIS THESE DEEP CHANGES TO BOTH THE STAAR AND OUR ACCOUNTABILITY SYSTEM.

SO I THINK IT'S REASONABLE TO ASK FOR A LITTLE BIT OF A BREATHER, WHICH I BELIEVE THAT THIS RESOLUTION PROVIDES.

I WOULD LIKE TO FIND OUT IF THE NAMES OF THE OTHER SCHOOL DISTRICTS THAT ARE NEARBY THAT ARE PARTICIPATING.

SO I DON'T HAVE THE LIST OFF THE TOP OF MY HEAD.

I BELIEVE WE WILL BE THE 18TH SCHOOL DISTRICT TO JOIN THROUGH THE INITIAL LAWSUIT, AND I'M NOT SURE OF ANY THAT ARE IN NORTH TEXAS WHO HAVE VOTED TO JOIN AS OF TODAY.

I DO KNOW THAT THERE ARE SEVERAL MEETINGS HAPPENING THIS WEEK IN NORTH TEXAS AND REALLY AROUND THE STATE TO CONSIDER VERY SIMILAR RESOLUTIONS.

AND THEN I BELIEVE THERE IS A THERE'S A SECOND GROUP OF SCHOOL DISTRICTS THAT ARE ENGAGING IN WHAT'S CALLED AN INTERVENER ACTION WITH A DIFFERENT LAWYER THAT ARE GOING TO COME IN AND JOIN THE SUIT, KIND OF IN A DIFFERENT WAY.

AND I DON'T HAVE THE LIST OF THAT, BUT I CAN GET YOU THE LIST OF THE 18 OR THIS OTHER 17 THAT HAVE ALREADY OFFICIALLY AND FORMALLY JOINED AFTER THE MEETING.

OKAY. I THINK I MENTIONED THIS BEFORE.

FOR ME, AS IT RELATES TO ADDITIONAL DOLLARS IN THE CURRENT CLIMATE THAT WE ARE IN, IT GIVES ME HEARTBURN.

SO WITH THE AMOUNT OF MONEY THAT WE WILL HAVE TO SPEND AS A DISTRICT TO BE A PART OF THIS LAWSUIT, I WOULD LIKE TO GET A LITTLE BIT MORE INFORMATION ON HOW THIS WILL OR WILL NOT AFFECT US IN OUR OUR DEFICIT THAT WE CURRENTLY HAVE.

YEAH. SO, AGAIN, WE'VE GOT A $10,000 CAP ON FEES.

THAT'S A CAP.

THAT'S NOT HOW MUCH IT WILL COST.

THAT IS A CAP. WE ACTUALLY ANTICIPATE IT WILL BE LESS THAN THAT.

BUT EVEN IF IT IS THE FULL $10,000 AMOUNT THAT CAN BE ABSORBED WITHIN OUR EXISTING LEGAL FEES BUDGET.

AND SO IT WOULD NOT REQUIRE Y'ALL TO APPROPRIATE ANY ADDITIONAL FUNDING TO PAY FOR THIS LAWSUIT.

IT WOULD BE SOMETHING WE COULD ABSORB WITHIN THE CURRENT BUDGET WITHOUT INCREASING THE DEFICIT.

SO THIS WILL COME FROM A BUDGET THAT ALREADY EXISTS WITHIN LEGAL FEES? CORRECT. KEEPING IT KEEPING IT TO $10,000, THAT CAP THAT THEY'VE GUARANTEED US.

I MEAN, IT'S IN THE LEGAL SERVICES AGREEMENT, SO THEY CANNOT BILL US FOR MORE THAN $10,000.

THE LAWYERS WILL WILL ALLOW US TO ABSORB IT WITHIN OUR CURRENT BUDGET.

I ALSO KNOW I DON'T KNOW DR.

CUNNINGHAM, IF YOU WANT TO MENTION, BUT I ALSO KNOW THAT THERE ARE SOME COSTS ASSOCIATED WITH THE CHANGES TO THE SYSTEM THAT POTENTIALLY WOULD NOT OCCUR IF THE LAWSUIT WERE SUCCESSFUL. YEAH, JUST HIGH LEVEL.

WE'VE BUDGETED ADDITIONAL $25,000 SO THAT WE CAN HELP PAY FOR SOME OF THE INDUSTRY BASED CERTIFICATIONS AND THAT WOULD BE SOMETHING THAT WE WOULD NOT HAVE TO USE IF WE GOT THIS LAWSUIT.

THANK YOU. ARE THERE ANY ADDITIONAL QUESTIONS OR COMMENTS AT THIS TIME? RIGHT. WE'LL MOVE FOR WE'VE ALREADY HAD THE MOTION AND THE SECOND AGAIN BY MR. CLASSE AND MS. ARCHAMBAULT.

AND SO I'LL CALL FOR ALL IN FAVOR.

5-0 PASSES.

THANK YOU SO MUCH FOR YOUR TIME.

ABSOLUTELY. THANK YOU ALL.

BOARD IT IS 5:30 AND I WOULD LIKE TO ADJOURN AT THIS TIME.

* This transcript was compiled from uncorrected Closed Captioning.