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November 17, 2006 Minutes

Meeting of the Board of Trustees
Texas School for the Blind and Visually Impaired

The regularly scheduled meeting of the Board of Trustees, Texas School for the Blind and Visually Impaired (TSBVI), was held in Room 116 of the Administration Building, located at 1100 West 45th Street, Austin, Texas on November 17, 2006.

Call to Order: Frankie Swift, Board President, called the meeting to order at 10:25 AM. In addition to Ms. Swift, the following board members were in attendance: Dr. Gene Brooks, Debbie Louder, Mary Sue Welch, Toby Galindo, and Donna Clopton.

Introduction of Audience: Others in attendance at the meeting included Dr. Phil Hatlen, Superintendent; Miles Fain, Principal of Comprehensive Programs; Dr. Lauren Newton, Special Programs Principal; Cyral Miller, Director of Outreach; Ken Miller, Director of School and Student Services; Gloria Bennett, Director of Community Resources; Carol Vaughan, School Attorney; Barney Schulz, Administrator for Business, Operations and Technology; Malcolm Cleveland, Director of Accounting; Russell Gregorczyk, Internal Auditor; John Daude, Director of Operations and Construction; Susan Houghtling, Program Supervisor; Debra Nesbitt, Human Resources Director; John Botti, Administrative Assistant to the Superintendent; Gary Robertson, Vice President of Point Venture Lions Club; Craig Lusk, board member of PCSI, Inc.; Assistant Principal Linda Locke; job coaches Vicki Prager and Mark Ramirez; and career education teacher Margot Marshall.

Public Comments/Open Forum: Gloria Bennett introduced Gary Robertson from Point Venture Lions Club (PVLC). Mr. Robertson announced that PVLC had donated $3,000 to TSBVI to sponsor students' participation in Sports Extravaganza, and that they looked forward to participating in similar events in the future.

Miles Fain introduced PCSI board member Craig Lusk, who gave an overview of his nonprofit organization. PCSI is a services contractor that strives to have 75% of its workforce be disabled workers. Mr. Lusk presented a donation to TSBVI in the amount of $15,000 to fund existing scholarships. He indicated that PCSI hopes to endow a scholarship fund in the future.

Donna Clopton introduced visitor Kevin Daniels from Starwood Hotels and Resorts, graduate of the Indiana School for the Blind.

Award of Certificates of Appreciation to TSBVI Staff: Assistant Principal Linda Locke and Ms. Swift presented certificates of appreciation to teachers Margot Marshall and Peggy Wade for their efforts in the career education department.

Consideration of Approval of Minutes of September 22, 2006 Board Meeting: Mrs. Clopton moved that the minutes be approved as presented. The motion was seconded by Mary Sue Welch. The motion to pass was unanimous.

Report from the Finance and Audit Committee:

Report from the Internal Auditor:

Discussion of the TSBVI Internal Audit Annual Report for FY 2006: Russell Gregorczyk presented the annual report for fiscal year 2006, which includes a summary of the previous year's audit activities and a status update on implementation of internal audit recommendations. He also reported that he is currently performing an audit of the Information Resources department.

Consideration of initiating Internal Auditor’s performance appraisal: Ms. Swift reported that the Committee had discussed initiating the performance appraisal after the Christmas holidays, and having Debra Nesbitt compile the results for the January board meeting.

Consideration of Issues Related to Management of the Bert E. Broday Trust (The Trust): Barney Schulz said that the Finance and Audit Committee, after meeting with the American Heart Association (AHA) and Wells Fargo Bank, drafted five proposals to the Board regarding the Broday Trust.

Toby Galindo, on behalf of the Finance and Audit Committee, moved that Wells Fargo request permission of the court to divide the Bert E. Broday Trust (the Trust) into two equal trusts, one of which TSBVI will be the income and remainder beneficiary. Ms. Swift said that AHA seemed to be anxious to draw from their principal, and that TSBVI was not interested in tapping into the principal at this time. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Mr. Galindo, on behalf of the Finance and Audit Committee, moved that Wells Fargo prudently exercise discretion in the appropriation for expenditure or accumulation from the Trust within a range recommended by TSBVI, with an initial distribution to TSBVI based on the total return approach up to 4% using a five-year moving average. Ms. Swift said that Wells Fargo estimated an 8.5% annual growth rate on the investments, 3% of which would go to offset inflation. After TSBVI took 4%, the principal would still grow by 1.5%. She also said that the 4% could be increased in case of emergency needs or decreased in response to reduced yields. The Board is to meet with Wells Fargo quarterly. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Ms. Swift told the Board that Wells Fargo had proposed fees of 1.01% if the Trust were to remain a joint trust with the AHA, and 1.13% if the Trust were split. These fees would include a 10% discount because TSBVI is a nonprofit.

Mr. Galindo, on behalf of the Finance and Audit Committee, moved that TSBVI adopt the "Investment Policy Statement" provided to the Board by Wells Fargo, and, should the court approve the division of the Trust into two separate trusts, the "Investment Policy Statement" be amended to reflect the resulting division of trust assets into two equal portions. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Mr. Galindo said the following on behalf of the Finance and Audit Committee: ” Notwithstanding whether the court approves the division of the Bert E. Broday Trust into two equal trusts, I move that Wells Fargo manage the Bert E. Broday Trust pursuant to the provisions of the Uniform Prudent Investor Act, Chapter 117 of the Texas Property (Trust) Code." No second was needed, as the motion came from committee. The motion to pass was unanimous.

Mr. Galindo, on behalf of the Finance and Audit Committee, moved that the Board authorize the Office of the Attorney General (AG) to represent TSBVI in all matters related to the management of the Trust. Carol Vaughan said that the AG would be the only choice for representation, and that if the AG found itself incapable of providing representation for an agency, it would seek outside representation on that agency's behalf. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Consideration of approval of renewal of Nolan County farm contracts: Mr. Galindo, on behalf of the Finance and Audit Committee, moved that the Board approve the contract renewals. Ms. Swift indicated that there was no change in the contracts since the previous year. Mr. Schulz reported that TSBVI is now a member of a wind farm cooperative, but that there have been no contracts initiated between the School and the wind farm. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Report on maintenance, annual inspection, and results of annual property inventory of the campus residence: John Daude presented the update on the repairs and maintenance that have occurred, are in progress, or are planned on the campus residence currently inhabited by the family of Mr. Fain.

Mr. Daude also explained that approximately 30%-35% of the cost of construction of a large building at TSBVI goes to various consultant fees.

Malcolm Cleveland reported that all TSBVI property that is assigned to the residence was found to be in the house and in good condition.

Consideration of approval of Investment Report: Mr. Schulz reported that TSBVI's Texas CLASS short-term investment balance as of September 1, 2006 was $295,299.39. To this was added interest in the amount of $2,595.07, for a balance of $297,894.46 on October 31, 2006. The average annualized yield for the period was 5.38%. Ms. Swift said that the Committee recommended approval of the investment report. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Approval of receipt of gifts and donations of over $500: Mr. Cleveland reported that TSBVI had received $3000 from the Point Venture Lions Club, and $750 from All Blind Children of Texas. Both of these donations were designated to offset costs related to the Sports Extravaganza. He reported that the committee moved to approve the receipt of these gifts. No second was needed, as the motion came from committee. The motion to pass was unanimous.

Approval of request for expenditure of gifts and donations: No approval was needed, as the donations were all designated for specific purposes.

Report from the Personnel Committee:

Consideration of approval of board policies: Mrs. Clopton, on behalf of the Personnel Committee, moved that the Board approve Policy DBAA. No second was needed as the motion came from committee. The motion to pass was unanimous.

Consideration of 2005-06 superintendent’s summative appraisal results: At 12:05 PM Board President Swift called the meeting into closed session under the authority of the Texas Open Meetings Act, Texas Government Code 551.074 to discuss the following personnel matter: Consideration of 2005-06 superintendent’s summative appraisal results.

At 12:20 PM Ms. Swift ended the closed session and called the meeting to recess for lunch.

At 1:45 PM Ms. Swift called the meeting back into open session.

Mrs. Clopton moved that the Board approve the 2005-2006 superintendent's summative appraisal. No second was needed, as the motion came from the committee of the whole. The motion to pass was unanimous.

Discussion of scheduled training session on appraising the superintendent: Mrs. Clopton reported that the superintendent appraisal training is scheduled for January 27, 2007. She strongly encouraged all board members to attend. Dr. Hatlen suggested that Debra Nesbitt tell the facilitator that the intent of the training is to work on the appraisal instrument.

Report from the Program Committee (Debbie Louder):

Consideration of approval of board policies: Consideration of policies BBFB, BE, EI, EIF, EIF-E, EKB, FEA, FNCF, GBA, GBAA, GF, and GF-E was moved to the January 26, 2007 meeting.

Report from Special Programs Principal:

Consideration of approval of 2007 summer programs and calendar: Dr. Lauren Newton presented the proposed 2007 summer programs calendar, which she said does not differ significantly from the 2006 summer programs calendar.

She said that she plans to offer a three-week State Board of Education (SBOE) PE class. Students who want a PE class but do not want the SBOE credit would be able to take the class for one or more weeks, but they would have to complete all the requirements of the three-week class in order to earn SBOE credit.

She also said that Special Programs staff will publish the proposed course listing during the winter holiday break, and, once they see which ones generate interest, decide which ones they will actually offer.

Dr. Newton reported that this year we will use email messages rather than mailed flyers to notify people across Texas that the summer application is now posted on our website. This will not only save a considerable amount of money, but it will also allow us to reach a much larger and comprehensive audience, including professionals as well as parents.

Debbie Louder moved to approve the 2007 summer programs and calendar. Mrs. Welch seconded the motion. The motion to pass was unanimous.

Report from Outreach Director: Cyral Miller reported that the Outreach Department is continuing to develop their planning process with service centers.  So far they have met with three service centers to discuss their relationships with the department and the ways that they can work together.  Several more meetings are scheduled. 

Ms. Miller distributed copies of the new Outreach Program Services & Support Catalog. She indicated that the service center representatives who had seen it were impressed by the scope of the programs that Outreach offers. She indicated that the document is still being "tweaked".  Her department will publish this catalog yearly and post it on the TSBVI website after the planning meetings have concluded.

 Ms. Miller said that the number of people participating in distance education videoconferencing had increased to 600 last year from 300 in the previous year. She expects the numbers to continue to increase.

Ms. Miller said that the satisfaction evaluation ratings for distance education trainings reflected more "satisfied" responses, whereas the Outreach department is more accustomed to receiving "very satisfied and outstanding" evaluations.  She said that it is difficult to gauge participants' responses on the video system, and that the in-person workshops continue to receive rave reviews.  Still, it has been possible to offer training to people who are widely scattered and who would not have otherwise been able to come.

Report from Comprehensive Program Principal:

Update on career education: Mr. Fain introduced the members of the Career Education Committee, Margot Marshall and Peggy Wade, who presented an overview of the TSBVI career education program.

Ms. Marshall related to the Board the best practices that the Career Education Committee had identified through surveys and research.

Ms. Wade related the tasks completed by the career education group so far, and introduced career education teachers Vicki Prager, Mark Ramirez and Carrie Clark. She said that there are now more off-campus job sites than there had been in the past. She also said that career education students will teach other students their skills once they have learned them.

Mr. Fain introduced teacher Michelle Molnar. Her students Kenyetta, Brittney and Sarah, who all work in the Wildcat Bistro, accompanied her. The students outlined their responsibilities at the Bistro.

Mr. Fain then introduced job coach Vicki Prager, who arrived with her students JR, Joseph and Benny. Joseph said that he teaches elementary students about job opportunities, work experience and working together. JR spoke about his work at Austin Information Radio. He is working on his own radio program about the history of the school. Benny related to the Board his experiences learning from adults about working as a visually impaired or blind person in the real world, the job interview process, and self-employment.

Career Education teacher Mark Ramirez related to the Board the history of the greeting card project. It currently employs 21 students, and the project pays for itself. The students involved are compensated for their work from the proceeds of the holiday card sales.

Consideration of Nomination of a Board Liaison to the Instructional Planning Council: This item was moved to the January meeting of the Board, in the hopes that the Board would have a new member at that time.

Report on Achievement of Objectives for 2005-2006 from the Agency Strategic Plan and the Annual Improvement Plan: Susan Houghtling explained that the school is required to report to the legislature on a variety of performance indicators.

Mrs. Houghtling offered a summary of the outcomes presented in the report, copies of which she distributed to the board. She reported that we had 37 objectives last year. Five of those were delayed or postponed. Of the remaining 32 objectives, the only two that were not met were implementation of all of the recommendations the internal audit on campus security, and a measure tied to the student database. All of the other objectives were met within a variance of 5% of the objective, which is the tolerance allowed by the Legislative Budget Board.

Discussion of Texas Administrative Code Related to Requirements for Local School Districts When Referring Students to TSBVI Comprehensive Programs: Dr. Hatlen cited a portion of the Texas Administrative Code which he described as having been implicated by the Board as negatively impacting the likelihood of a school district writing a referral for a student to come to TSBVI. He asked whether the Board would like to have him ask that the commissioner of education remove the provision.

Ms. Vaughan suggested that the school's first argument would be that none of the provisions of subsection (c) is necessary, and that the implementation regulations of the IDEA suffice. She also said that we could point out to the commissioner that the rules seem to amount to "picking on" the school.

Board give Dr. Hatlen some latitude to ask Richard Poe to strike subsection (c) and then negotiate a compromise with the commissioner. Dr. Hatlen said that he would probably call Commissioner Shirley Neeley, as Mr. Poe had indicated a desire not to be involved in this issue.

Status of All Blind Children of Texas Charity (ABCTX): Mrs. Welch reported that ABCTX had given $1,400 in scholarships for Sports Extravaganza, $700 of which went to TSBVI students.

She also told the Board that ABCTX is acting as the fiscal sponsor for the film Keep Your Ear on the Ball. The charity receives 6% of the grant money for the film that passes through it, which offsets the costs of administering the grants.

Mrs. Welch mentioned that the Favrot Foundation grant in the amount of $35,000 had given the charity a sense of legitimacy. This may be followed by two more years of grants from the Foundation at that level.

She said that Region X had indicated their interest in obtaining funds from ABCTX to cover lunch expenses for a day-long, family-style retreat.

Mrs. Welch announced that ABCTX had around $69,000 in the bank, approximately $60,000 of which is available to be used to further the mission of the charity.

Report from the Superintendent:

Report on Legislative Appropriations Request hearings: There was no report on LAR hearings.

Superintendent's travel: Dr. Hatlen reported having traveled to Louisville, KY to attend the COSB conference and APH ex-officio trustees meeting. He also traveled to Orlando, Florida October 25-27 to deliver the keynote speech for the Florida AER conference.

Campus visitors and activities: Dr. Hatlen said that an occupational therapy intern from TWU is completing her pediatric rotation at TSBVI. There is also a student from Toronto conducting his second internship here. Braam Mouton, director of a school for the blind in South Africa, visited the campus. Upcoming visitors include the new director of the school for the blind in Ontario, Canada, in January, and Chilean visitors in February.

Dr. Hatlen said that TSBVI held its staff appreciation luncheon on October 5, 2006. Students and staff also participated in White Cane Day activities on October 11, as well as Sports Extravaganza on October 20 and 21. TSBVI hosted the AFB Board of Trustees meeting on November 2 and 3. TSBVI's 2006 Parent Weekend took place on November 3 and 4. The Personnel Preparation Advisory Group meeting was November 14. The Holiday Performing Arts Assembly will occur on December 20 from 9:40 to 11:25 AM, and on January 18-20, students will participate in the SCASB wrestling, cheerleading and performing arts competition in Alamogordo, NM.

Enrollment update: No report on enrollment was presented.

Progress report on procedures required in policy: Dr. Hatlen said that a draft of the procedure required by Policy FFA, which was passed by the Board in July, has been completed by Mr. Fain and is under review.

Use of facilities by outside groups: Dr. Hatlen reported the following use of TSBVI facilities by outside groups: The Capital of Texas Counseling Association held a meeting in the Conference Center in September, the Austin Civic Wind Ensemble held a concert on October 26, the India Fine Arts Group held a public concert on October 27, the Texas National Guard used the natatorium for a water survival test on October 27, and the National Alliance for the Mentally Ill holds monthly board meetings in the Superintendent's Conference Room.

Monthly reports of web site visitors: Dr. Hatlen reported that this information was not available at the time of the meeting.

Report of Consultants' Contracts Approved at the Administrative Level – Contracts Greater than $600 and Equal To or Less Than $10,000: There were no contracts that required approval of the Board.

Discussion of Future Board Meeting Topics: Dr. Hatlen will report on the progress of the negotiations with the commissioner regarding changing the rule on referrals.

Mr. Fain suggested that he present an update about the after-school activities and relate the outcomes of the Sports Extravaganza.

Mrs. Louder asked for a report on the TAKS Alt pilot program.

Announcements: Miles Fain announced that the money donated to the school by PCSI will likely be used to fund the Tommy Ratliff Scholarships, which offer a wide range of options for graduating seniors for such things as college tuition and independent living expenses, and the Annie Gerke technology purchase scholarship for graduates.

Mrs. Clopton suggested giving certificates of appreciation to music teacher Jane Rundquist and drama teacher Robert Pierson. Gene Brooks said that Mr. Pierson had told him that TSBVI students will take part in UIL drama competition this school year.

Ms. Swift asked that board members inform the governor’s office of their intentions regarding their tenure on the Board.

Dr. Hatlen said that he intends to retire on July 31, 2007.

Mrs. Clopton expressed her curiosity as to whether the school could simulcast the Holiday Music Program on the Web.

Adjournment: Ms. Swift adjourned the meeting at 3:30 PM.

Frankie Swift Date Board President

Gene Brooks Date Board Secretary

John Botti Date Recording Secretary

Future Board Meeting Topics

1. Ms. Swift reported that the Committee had discussed initiating the performance appraisal after the Christmas holidays, and having the results compiled for the January board meeting.
2. Dr. Hatlen will report on the progress of the negotiations with the commissioner regarding changing the rule on referrals.
3. Mr. Fain suggested that he present an update about the after-school activities and relate the outcomes of the Sports Extravaganza.
4. Mrs. Louder asked for a report on the TAKS Alt pilot program.
5. Consideration of Nomination of a Board Liaison to the Instructional Planning Council was moved to the January meeting of the Board, in the hopes that the Board would have a new member at that time.