CAUSE NO. _________ _

ALLIANCE/AFT

IN THE DISTRICT COURT

Plaintiff, DALLAS COUNTY, TEXAS

v.

DALLAS INDEPENDENT SCHOOL DISTRICT

Defendant. ___ JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER

REQUEST FOR TEMPORARY INJUNCTION, AND REQUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF THE COURT:

COMES NOW ALLIANCE/AFT, the plaintiff, complaining of Dallas Independent

School District, the defendant, acting through its board of trustees. The plaintiff files this petition

for declaratory judgment pursuant to the provisions of the Uniform Declaratory Judgments Act,

Tex. Civ. Prac. & Rem. Code Section 37.001 et seq. The plaintiff seeks a declaration of the

rights and benefits afforded by Tex. Educ. Code Section 12.015(b), the provision of the Texas

Education Code governing the composition of a home-rule school district chatter commission, as

well as Tex. Educ. Code Section 11.25l(e), the provision requiring that the professional staff

representatives who select the teachers on the charter commission be elected. Essentially, as

detailed herein, the plaintiff maintains that the individuals who have selected the teacher

representatives for the charter commission do not possess the requisite legal authority to do so

because they were appointed to their positions rather than being elected as required by Tex.

FILEDDALLAS COUNTY

6/11/2014 4:20:54 PMGARY FITZSIMMONS

DISTRICT CLERK

DC-14-06281 Smith Gay

14TH-A

Educ. Code Section 11.25l(e). The plaintiff seeks to enjoin the Dallas Independent School

District board of trustees from acting outside its statutory and legal authority in appointing

improperly selected teachers to the charter commission. The plaintiff would respectfully show

the court as follows:

I. DISCOVERY

1. Discovery is intended to be conducted under Level II.

II. PARTIES

2. Plaintiff Alliance/ AFT is a labor organization that represents classroom teachers

and other employees who are employed by the Dallas Independent School District. Alliance/

AFT is a local affiliate of Texas American Federation of Teachers, a statewide labor

organization, and the American Federation of Teachers, a national labor organization. It is also

affiliated with the AFL-CIO. Alliance/ AFT represents its members in matters related to their

wages, hours, and terms and conditions of employment. Alliance/AFT has approximately 7000

members, approximately 4800 of whom are classroom teachers. As required of labor

organizations representing public employees in Texas, Alliance/AFT does not claim the right to

strike. Alliance/ AFT has its principal place of business at 334 Centre Street, Dallas, Texas,

75208-6504, in Dallas County, Texas.

3. Defendant Dallas Independent School District ("DISD" or "the District") IS a

political subdivision and independent school district within the meaning of the Texas Education

Code, organized pursuant to law, and charged with the responsibilities of operating and

maintaining a public school district within its geographical boundaries. It may be served with

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process through service on its superintendent, Dr. Mike Miles, Dallas I.S.D., 3700 Ross Avenue,

Dallas, Texas 75204.

III. JURISDICTION AND VENUE

4. This Court has jurisdiction under Texas Civil Practice & Remedies Code Sections

37.004, 37.011, 65.011 and 65.023(a). Venue is proper in this Court pursuant to Texas Civil

Practice & Remedies Code Section 15.002(a)(l) & (3).

IV. ASSOCIATIONAL STANDING

5. Alliance/AFT has approximately 7000 members. Approximately 4800 of those

members are classroom teachers. Alliance/ AFT is interested in enforcing and protecting those

members' rights under the Texas Education Code, including their right to have the classroom

teacher members on the home-rule charter commission selected in accordance with the law

designed to insure fair and democratic representation. Alliance/ AFT is vitally interested in

protecting the learning enviromnent of DISD students and the employment rights of its members,

both of which will be on the line as the home-rule chatter commission determines the contours of

the chatter. Thousands of Alliance/AFT's members are aggrieved by the actions of the

defendant and the organization brings this declaratory judgment action on their behalf.

6. Alliance/ AFT has as one of its central purposes the protection of employment rights

and benefits of its members. This declaratory action is germane to that purpose.

7. Alliance/AFT's members who are aggrieved by the actions of the defendant have

standing to file this action on their own behalf.

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8. Neither the claims asserted herein nor the relief requested requires the filing of

individual petitions for declaratory judgment nor the participation of individual members as

patties in this action.

V. STATEMENT OF FACTS

9. Tex. Educ. Code Section 12.011 et seq. provides a process through which a school

district may adopt a home-rule school district chatter under which the district will operate. Under

these provisions, a school board names a charter commission, which then has one year to write a

proposed charter. Tex. Educ. Code 12.0 15( c). The proposed chatier must ultimately be approved

in an election in which the adoption of the chatter is on the ballot and in which at least 25% of the

registered voters of the district vote. Tex. Educ. Code 12.022(a).

10. The home-rule school district charter law has profound consequences for the

educational system provided by a school district. Its provisions allow a school district to operate

largely free of the state laws that exist to safeguard educational quality. In a home-rule charter, a

school district is subject to the Education Code only to the extent that the Education Code

specifically provides and to the rules of the State Board of Education or the Commissioner of

Education only to the extent that they specifically provide. Tex. Educ. Code 12.012(a)(1) and

(2).

11. This means that, for example, a charter commission could devise a chatter under

which teachers would lose their current rights under the Texas Education to have employment

contracts, due process in termination or nomenewal proceedings, a minimum salary schedule,

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plamting and preparation time, duty-free lunch, and leaves of absences for temporary disability.

These are rights that Texas teachers have fought long and hard to secure and that have been in

place for decades.

12. The process for the development of a home-rule school district charter is begun if the

school board "receives a petition requesting the appointment of a charter commission to frame a

home-rule school district chmier signed by at least five percent of the registered voters of the

district." Tex. Educ. Code 12.014(1).

13. On May 22, 2014, the DISD board of trustees accepted a petition circulated by a pro-

home-rule district charter organization, Support Our Public Schools. After disqualifying about

21,000 signatures, DISD administrators represented that it had verified signatures of

approximately 24,650 individuals, barely meeting the 5% threshold. The board of trustees

accepted the administration's representation and moved to take the next step towards the

development of a charter, which is the naming of a 15 member charter commission.

14. The home-rule school district chmier statute contains specific provisions regarding the

make-up of the charter commission. Most significantly for the purposes of this action, "at least 25

percent of the commission must be classroom teachers selected by the representatives of the

professional staff pursuant to Section 11.25l(e)," a provision in the Education Code petiaining to

a district-level advisory committee. Tex. Educ. Code 12.015(e). Additionally, the charter

commission must be composed of residents of the district and must reflect "the racial, ethnic,

socioeconomic, and geographic diversity of the district." Tex. Educ. Code 12.015(a) and (b). A

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majority must be parents of school-age children attending public school. Tex. Educ. Code

12.015(b).

15. The district-level advisory committees referred to in Tex. Educ. Code Section

11.251(e) were part of the Texas Legislature's efforts in 1995 to ensure that professional

educators had a role in local planning and decision-making. Section 11.251 sets up a

comprehensive scheme under which each school district has a district-wide planning and

decision-making committee composed of professional staff representatives, parents, business

representatives, and community members, as well a campus-level committees. Tex. Educ. Code

Section 11.251 (b). These "site-based decision-making" committees were set up by the

legislature to ensure the involvement of the school community in "planning, budgeting,

curriculum, staffing patterns, staff development, and school organization." Tex. Educ. Code

Section 11.251(d). The district-level committee meets with the board or the board's designee

during the school year to provide input and approval on such matters.

16. Tex. Educ. Code Section 11.251 (e) requires that the professional staff representatives

on the district-level committee be elected democratically. The law states: "The board shall adopt

a procedure ... for the professional staff in the district to nominate and elect the professional staff

representatives who shall meet with the board or the board designee as required under this

section. At least two-thirds of the elected professional staff representatives must be classroom

teachers" (emphasis added). The parents, community members and business representatives are

selected in accordance with district policy. In other words, while the statute allows school

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districts latitude in the method of selecting other members on the district-level committee, the

legislature explicitly required that teacher representatives be elected by their peers.

17. In accordance with Section 11.251 (e), DISD has adopted policies providing for and

governing the election of professional staff representatives to the district-level advisory

committee. A true and correct copy of the policies is attached and incorporated herein as Exhibit

A-1 and A-2. Under DISD Policy BQA (Local), the district-level committee "shall be composed

of at least 15 members who shall represent campus-based professional staff, District-level

professional staff, parents, businesses, and the community. At least two-thirds of the elected

professional staff representatives must be classroom teachers and the remaining staff

representatives shall include both campus- and District-level professional staff members." As far

as elections are concerned, DISD policy fmiher provides, "The consent of each nominee shall be

obtained before the person's name may appear on the ballot. Election of the committee shall be

held in the fall of each school year at a time determined by the Board or its designee. Nomination

and election shall be conducted in accordance with this policy and administrative regulations."

Elected representatives "shall serve staggered two-year terms." Exhibit A-1.

18. Effective for the 2013- 14 school year, DISD had in place a district-level committee

composed of 30 individuals. A true and COlTect copy of the roster of the committee is attached

and incorporated herein as Exhibit A-3.

19. Contrary to the provisions of the law and the district's own policy, the professional

staff members of the district-level committee in 2013-2014 were not elected by the professional

staff in the district. On information and belief, for many years prior to 2013-2014, the

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professional staff representatives have been selected by campus principals. See Affidavit of Rena

Honea, attached and incorporated herein as Exhibit A; Affidavit of Jimmy Guillory, attached and

incorporated herein as Exhibit B; Affidavit of Mary Ann Climer, attached and incorporated

herein as Exhibit C. Additionally, legal counsel for DISD has confirmed that members on the

district-level committee are "nominated by their campuses." See April 21, 2014 correspondence

from DISD counsel Leticia McGowan to Mary Ann Climer, a tme and correct copy of which is

attached and incorporated as Exhibit. C-4. Further, in the Site-Based Decision-Making manual

published on its website, DISD states that teachers serving on the district-level committee will be

selected from Inside Track representatives. See SBDM Manual at 7, a tme and correct copy of

which is attached and incorporated herein as Exhibit A-4. Inside Track is an organization

existing to facilitate communication between the central and campus administrations. ld. at 12;

see also Honea Affidavit, Exhibit A-4. Inside Track representatives are selected by campus

principals. See Dallas ISD Communicator, August 2009, "Inside Track gets a facelift," a tme and

correct copy of which is attached and incorporated as Exhibit A-5.

20. Since DISD has failed to comply with Tex. Educ. Code Section 11.251(e) and its

own policies BQA (Legal) and BQA (Local) mandating the election of professional staff

representatives to the district-level committee, it lacks the elected professional staff

representatives on that committee who can perform the statntory duty prescribed by Tex. Educ.

Code Section 12.015(b) to name the classroom teachers on the charter commission.

21. Notwithstanding the fact that it did not have an elected district-level committee

capable of making selections of teacher representatives as required by Tex. Educ. Code Section

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12.015(b), DISD nonetheless ananged for the professional staff representatives on its district-

level committee to screen and choose the teacher representatives for the chatter commission. On

or about June 6, 2014, DISD announced that the non-elected professional staff representatives on

the district-level committee had selected the four classroom teachers, along with two alternates,

to serve on the chatter commission. See a true and cmTect copy of the DISD website publication

dated June 6, 2014, attached and incorporated as A-6.

22. While as of the date of the filing of this cause, the DISD board of trustees has not

confirmed the appointment of these teacher representatives to the chatter commission, this action

is imminent. The DISD board of trustees is scheduled to meet on June 12, 2014, a meeting at

which it could confirm the appointment of these chatter commission members. See Agenda for

June 12, 2014, a true and correct copy of which is attached and incorporated as Exhibit A-7.

Futther, the board has announced publicly that it believes that it is obligated under the terms of

Tex. Educ. Code Section 12.015(a) to appoint all chatter commission members no later than June

21, 2014, thirty days after the date (May 22, 2014) upon which it received the petition calling for

the appointment of a charter commission. See Honea Affidavit, Exhibit A. Under the board's

announced timeline, then, the last possible date that the board would act to confirm the

appointment of the teacher representatives would be June 21, 2014, little more than one week

away.

23. The board's appointment of illegally selected teacher representatives to serve on the

charter commission will have an immediate and substantial negative effect on the ability of the

charter commission to accurately and faithfully reflect the interests of classroom teachers.

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Whatever the merits of the teachers who have been named to serve on the charter commission,

the teachers who selected them were not democratically elected by their peers, as required by law

and policy, and cannot legally perform the statutory duty with which they are charged. The

interests and views of the DISD administrators who appointed them to serve on the district-level

committee are not necessarily aligned with the interests of teachers in DISD and the conm1ittee

representatives were not endorsed by their colleagues. This is of critical importance, especially

given that the chmier commission has the authority to design a home-rule chmier that could

substantially alter, reduce and eliminate rights and benefits of teachers.

24. Alliance/AFT's members will suffer immediate and irreparable harm if they are not

represented on the home rule school district charter commission by teachers who have been

selected by their democratically-elected representatives.

VI. CLAIMS

25. Paragraphs 1 through 22 are incorporated herein.

26. The defendant has used a district-level advisory committee constituted in violation of

Tex. Educ. Code Section 11.251(e) to name teachers to serve on the home-rule school district

chmier commission. This violates the requirement in Tex. Educ. Code Section12.015(b) that the

classroom teachers on the charter commission be "selected by the representatives of the

professional staff pursuant to Section11.251( e)."

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VII. APPLICATION FOR TEMPORARY RESTRAINING ORDER

27. Plaintiff has notified the defendant regarding its application for a temporary

restraining order and the hearing for same in compliance with T.R. Civ. P. 680 and Dallas

County Local Rule 2.02.

28. Plaintiffs application for a temporary restraining order is authorized by Texas Civil

Practice & Remedies Code Section 65.011 (!), (2) and (3). Further, plaintiff is entitled to this

form of relief under traditional equity principles.

29. Plaintiff asks the Court to prevent the defendant's board of trustees from appointing

classroom teachers, including but not limited to the teachers selected by the district-level

advisory committee on or about June 4, 2014 (published on June 6, 2014) to the home-rule

school district charter commission, unless and until such classroom teachers have been selected

by professional staff representatives elected to the district-level advisory committee in

accordance with Tex. Educ. Code Section 11.251(e).

30. The purpose of a temporary restraining order and/or temporary injunction is to

preserve the status quo of the litigation's subject matter pending a trial on the merits. Butnaru v.

Ford Motor Co., 84 S.W.3d 198,204 (Tex. 2002). Under traditional equitable relief principles,

in order to obtain this relief, a party must plead and prove: (I) a cause of action against the

defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable

injury in the interim. !d.; Amend v. Watson, 333 S. W.3d 625, 627 (Tex. App. -Dallas 2009, no

pet.). This dispute meets these requirements.

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31. Plaintiff pleads a clause of action against defendant. The first injunction

requirement is for the applicant to plead a cause of action against the defendant. Walling v.

Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993). Plaintiffs allegations are detailed in this petition.

32. Plaintiff Has a Probable Right to the Relief Sought. An applicant need not prove

that it will prevail on the merits at trial, but is only required to show a probable right to relief on

the merits and a probable injury in the interim. Sun Oil Co. v. Whitaker, 424 S.W.2d 216,218

(Tex. 1968). It is probable that the plaintiff will recover from defendant after a trial on the merits

because the defendant has violated plain and unambiguous requirements ofT ex. Educ. Code

Sections 11.25l(e) and 12.015(b).

33. Plaintiffs Will Suffer a Probable, Imminent, and Irreparable Injury. An injury

is irreparable if there is no adequate remedy at law as where, for example, a prevailing applicant

could not be compensated adequately in damages, or if damages cannot be measured by any

certain pecuniary standard. Benefield v. State, 266 S.W.3d 25, 30 (Tex. App.- Houston [1 Dist.]

2008, no pet.). This is the case here. If plaintiffs application is not granted, the members of

Alliance/AFT will suffer immediate and certain injury. Harm is imminent because the defendant

has convened the illegally constituted district-level advisory committee for the express purpose

of securing the committee's selection of classroom teacher representatives to serve on the charter

commission and is poised to appoint those individuals to the charter commission. If the

application is not granted, the members of Alliance/AFT and the classroom teachers of Dallas

ISD will be deprived of representation on the commission by individuals who were selected by

democratically elected representatives. There is no remedy that could be provided that would

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replace the contributions made by classroom teachers who have been endorsed through the

operation of democratic procedures. The stakes for classroom teachers could not be higher and

their true voice and opinions deserve to be heard. They deserve to have their interests protected

and served by commission members who have been chosen in accordance with the law. The

granting of the plaintiffs application for injunctive relief would merely preserve the status quo

pending the proper election of a district-level advisory committee and the subsequent naming of

charter commission members by the duly-elected professional staff representatives on the

district-level committee.

34. Although the Court is not required to consider the balance of equities or interests in

deciding whether to grant an application for equitable relief, it is important to note that the

defendant would not suffer any harm by delaying the appointment of the charter commission

until such time as elections can be held for the professional staff representatives on the district-

level committee and those persons can name the classroom teachers to serve on the charter

commission. Under Tex. Educ. Code Section 12.015(c), the charter commission has one year

from its appointment to complete the writing of the proposed charter.

35. Plaintiff is willing and able to post bond. However, the plaintiff notes that under TEX.

R. CIV. P. 684, because defendant is a governmental entity and has no pecuniary interest in the

suit and no monetary damages can be shown, the Court has discretion to fix the sum of the bond.

36. Plaintiffs application for a temporary restraining order is supported by the following

exhibits:

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A. The affidavit of Rena Honea, president of Alliance/ AFT and member of the

district-level advisory committee, attached as Exhibit A and incorporated herein,

along with exhibits 1 - 7 ;

B. The affidavit of Jimmy Guillory, classroom teacher and member of the district-

level advisory committee, attached as Exhibit B and incorporated herein;

C. The affidavit of Mary Ann Climer, citizen of Dallas, attached and incorporated

herein as Exhibit C, along with exhibits 1 - 4;

VIII. REQUEST FOR TEMPORARY INJUNCTION

37. Plaintiff asks the Court to set its application for temporary restraining order/temporary

injunction for a hearing, and after the hearing, issue a temporary injunction against the defendant.

38. Plaintiff has joined all indispensable parties under TEX. R. CIV. P. 39.

IX. SUIT FOR DECLARATORY RELIEF

39. Plaintiff requests that this Court declare and determine the existing rights of the

classroom teacher members of Alliance/ AFT that are afforded by Tex. Educ. Code Sections

11.25l(e) and 12.015(c), as well as whether the defendant's actions described herein, violate

those rights.

X. NO SOVEREIGN IMMUNITY FOR CLAIMS

38. Plaintiff is entitled to all these forms of relief. Defendant is not protected from any

of plaintiffs causes of action, or forms of relief, by goverl1lllental immunity (or in the

alternative, such immunity has been waived). Specifically, a government official in his official

capacity and/or a government entity is liable for declaratory and injunctive relief if there has

14

been a violation of a state constitutional provision or statute, as such actions are illegal and ultra

vires. Similarly, the defendant is not protected by any form ofitn111unity, and is liable to plaintiff

for an award of attorney's fees and costs (as determined to be equitable and just), pursuant to,

inter alia, TEX. CJV. PRAC. & REM. CODE 37.009.

XI. NO REQUIREMENT FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES

39. Plaintiff is not required to exhaust administrative remedies because the relief

requested herein is not available through any administrative agencies. Parties are not required to

pursue an administrative process regardless of the price. Houston Federation of Teachers, Local

2415 v. Houston ISD, 730 S.W.2d 644 (Tex. 1987). "If irreparable harm will be suffered and if

the agency is unable to provide relief, the comts may properly exercise their jurisdiction in order

to provide an adequate remedy." !d.

XII. REQUEST FOR DISCLOSURE

40. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant disclose,

within 50 days of the service of this request, the information or material described in Rule 194.2.

XIII. OBJECTION TO ASSOCIATE JUDGE

41. Plaintiff objects to the referral of this case to an associate judge for hearing a trial on

the merits or presiding at a jury trial.

XIV. RELIEF REQUESTED

WHEREFORE, PREMISES CONSIDERED, plaintiff respectfully request that:

I. The defendants be cited to appear and answer.

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2. The Court issue a temporary restraining order and upon hearing, a temporary

injunction, barring the defendant's board of trustees from appointing any classroom teachers,

including but not limited to the teachers selected by the district-level advisory committee on or

about June 6, 2014, to the home-rule school district chatter commission, unless and until such

classroom teachers have been selected by professional staff representatives elected to the district-

level advisory committee accordance with Tex. Educ. Code Section 11.251 (e).

3. The Comt declare and determine that the defendant's actions with respect to the

district-level advisory conm1ittee and home-rule school district charter collllllission, as described

herein, violates the defendant's obligations and the rights of the plaintiffs members under Texas

Education Code Sections 11.251(e) and 12.015(b).

4. The Court issue appropriate permanent injunctive relief enjoining the defendant from

violating the rights of the plaintiffs members under Texas Education Code Sections 11.251(e)

and 12.015(b).

5. Plaintiff be awarded attorneys fees and expenses, as provided for under Tex. Civ.

Prac. & Rem. Code Section 37.009.

6. Plaintiff be awarded all other relief to which the Coutt may find it entitled.

Respectfully submitted,

Edward B. "Ed" Cloutman, III State Bar No. 04411000 crawfish11@prodigy.net Edward B. Cloutman, IV State Bar No. 24074045 edcloutman@prodigy.net

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CLOUTMAN & CLOUTMAN, L.L.P. 3301 Elm Street Dallas, Texas 75226-2562 (214) 939-9222 (214) 939-9229- fax

DEATS, DURST, OWEN & LEVY, P.L.L.C. 1204 San Antonio, Suite 203 Austin, Texas 78701 (512) 474-6200 (512) 474-7896- fax

Is/ Matiha P. Owen Martha P. Owen State Bar No. 15369800 mowen@ddollaw.com

17

VERIFICATION

l.(((./

Before me, a notary public, on this 11 day of June, 2014, personally appeared Rena Honea, known to me to be the person whose name is subscribed to the foregoing Original Petition, Application for Temporary Restraining Order, Request for Temporary Injunction, and Request for Disclosures, document, and being by me first duly sworn, declared that she has read the factual statements therein contained, that he shas personal knowledge of those statements, and that they are true and correct.

~- ' ~ .- ~ .. . _,,M.rl/. .o

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LL Notary Public in and for The State of Texas

AFFIDAVIT OF RENA HONEA

STATE OF TEXAS

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, on this day personally appeared Rena Honea,

who, after being sworn upon her oath, states the following:

1. My name is Rena Honea. I am the president of Alliance/AFT, Local2260.

2. I am over 21 years of age and of sound mind. I have never been convicted of a

crime. I am fully competent to testifY as to the matters stated herein. I have personal

knowledge of the facts stated in this affidavit and they are all true and correct.

3. I have been the elected president of Alliance/AFT since2009. From 2004 to 2009,

prior to being elected as president, I served as the Director of the Education Center, Inc. for the

Alliance/ AFT. Prior to becoming employed by Alliance/ AFT, I was employed as a classroom

teacher by Dallas ISD. I was a teacher at Cowart Elementary from 1978 to 2004.

4. Alliance/AFT is a labor union representing teachers and other employees employed

by Dallas ISD. It is a labor organization that exists in whole or in part to deal with Dallas ISD

concerning grievances, labor disputes, wages, hours of employment, and working conditions. It is

affiliated with the Texas American Federation ofTeachers, a statewide organization, and with

the American Federation of Teachers, a national organization, and the state and national

AFL-CIO.

5. The Alliance is a voluntary employee organization. The Alliance has approximately

1 EXHIBIT

i ~ -~'----

7000 members. Approximately 4800 of those members are classroom teachers. The Alliance

provides a variety of services and benefits to its members. For example, the Alliance advocates

for employees' interests with DJSD administration and before the DISD board of trustees,

provides assistance to members who are having employment issues/problems with DISD,

pruiicipates on the employee consultation team with DISD, provides professional development,

provides liability insurance, and through its affiliates, Texas AFT and AFT, lobbies for public

education employees' interests before the Texas legislature and Congress.

6. In my role as president, I am the chief executive officer and spokesperson for

Alliance/ AFT. I run the Alliance office on a day-to-day basis, supervise its employees who

organize and service members, attend school board meetings, meet with DISD administrators,

DISD school board members and Alliance/AFT members, and advocate for Alliance members. I

am a member ofDISD's district-level advisory committee and DISD's consultation committee

for employees. As president, I am familiar with the various organizations and channels that DISD

has created for the purpose of communicating with employees, such as Inside Track. Fnrther, as

president, I keep abreast ofDISD initiatives, policies, and activities that are of importance to

Alliance/AFT members and DISD employees.

7. As president, I have been actively monitoring the petition submitted by the Support

Our Public Schools organization to have DISD create a home-rule school district charter, as well

as the actions of the DISD board of trustees in response to that petition, including the

appointment of a commission to write the charter. I have been following those developments

closely as this is an issue of utmost importance to DISD employees, including but not limited to

its members who are teachers. The Alliance is vitally interested in protecting the learning

2

environment ofDISD students and the employment rights of its members. I am familiar with the

provisions in the Texas Education Code that pertain to the home-rule school district charter

process and am aware that under this process, the charter commission that is appointed by the

school board has the authority to opt-out of most legal protections, rights and benefits for

teachers and other employees. I have met with and talked with countless concerned and worried

teachers and other DISD employees.

8. On May 22, 2014, I attended the board meeting at which the DISD board accepted the

petition circulated by Support Our Public Schools to force the creation of a home-rule school

district charter commission. DISD has created a link on its website, www.dallasisd.org/homerule,

in which it publishes information regarding this issue. I regularly visit and review that website.

Attached and incorporated into this affidavit as Exhibit A- 6 is a notice that was published on the

DISD website describing the board's action on May 22, 2014, as well as announcing that the

board would move to name a commission within 30 days. That same notice contains an

announcement from June 6, 2014 to the effect that the District-wide Advisory Committee (DAC)

had taken action to select four teachers (and two alternates) to serve on the charter commission.

9. The DISD board is scheduled to meet on Thmsday, June 13, at 3:00p.m. Based on the

agenda for the meeting that has been posted for that day, a true and correct copy of which is

attached and incorporated herein as Exhibit A-7, I anticipate that the board will take formal

action to select the teacher representatives identified by the DAC last week to serve on the

charter commission as the representatives of classroom teachers. Further, I have heard the board

state publicly on a number of occasions, including at the board meeting on May 22, 2014, that it

would name the chmter commission members no later than June 21, 2014.

3

10. Through myro1e as president, I am familiar with the Texas laws providing for the

creation of district-level planning and decision-making committee. In DISD, that committee is

known as the Districtwide Advisory Council ("DAC"). As the president of Alliance/AFT, I am a

member oftheDAC. I began serving on theDAC in the 2011-2012 school year.Attached and

incorporated into this affidavit as Exhibit A - 3 is a true and correct copy of the roster of

members in 2013 - 20 I 4. The DAC is composed of professional staff members, parents,

community members, and business members. Of the professional staff members ofthe

committee, this past year, there were I 4 teachers, along with some instructional coaches and

principals. To my knowledge, since I became president of Alliance/AFT in 2009, DISD has not

conducted elections as the means of selecting the professional staff members to serve on the

DAC. Instead, professional staff members are selected by their campus principals or other

administrators to serve on the DAC.

11. DISD has published on its website, www.dallasisd.org, a manual for Site-Based

Decision Making. A true and correct copy of this manual (minus the appendices) is attached and

incorporated herein as Exhibit A-4. This describes the decision-level advisory committee and

states that members ofthe DAC will be selected from Inside Track representatives. See page 7 of

Exhibit A-4. I am familiar with the Inside Track organization. Inside Track is an organization

that is supposed to give employees a way to communicate with DISD administrators. As part of

the information that I gather on a regular basis about DISD, I review a publication entitled Dallas

ISD Communicator. Attached and incorporated herein as Exhibit A-5 to this affidavit is a true

and correct copy of the August 2009 issue of the Dallas ISD Communicator that reflects that

Inside Track representatives are selected by principals.

4

12. As president, I am familiar with the policies of Dallas ISD, particularly as they deal

with matters pertinent to employees. Dallas ISD publishes its policies though a link on its

website, www.dallasisd.org. Attached and incorporated herein as Exhibit A-I is a true and

correct copy of the DISD local policy on the district-level advisory committee, BQA (Local).

Attached and incorporated herein as Exhibit A-2 is a true and correct copy of the DISD legal

policy on the district-level advisory committee, BQA (Legal). Again, while these policies provide

for the election of professional staff members to the DAC, I am not aware of such elections

having taken place at least since 2009, when I became president.

Further Affiant sayeth not.

Signed this 11 day ofJune, 2014.

RENA HONEA

BEFORE ME, the undersigned Notary Public, on this day personally appeared Rena

Honea, who being by me duly sworn upon oath deposed and stated that she has read the above

Affidavit; that she is cognizant of all facts stated above and that all of the information is true and

correct to the best of her knowledge.

SUBSCRffiED AND SWORN TO before me on this the ) \:J:hday of June, 2014 to

witness which my hand and official seal of office.

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k'a...-lo... L. f&n~o--Printed Name ofNotary

My Commission Expires: g- 'L v-I ( (J

6

Dallas lSD 057905

PLANNING AND DECISION-MAKING PROCESS DISTRICT-LEVEL

BOA (LOCAL)

DISTRICT-LEVEL COMMITTEE

CHAIRPERSON

MEETINGS

DUTIES OF COMMITTEE COMPOSITION

In compliance with Education Code Section 11.251, the District-level committee shall advise the Board or its designee in establish-ing and reviewing the District's educational goals, objectives, and major Districtwide classroom instructional programs identified by the Board or its designee. The committee shall serve exclusively in an advisory role except that the committee shall approve staff de-velopment, in accordance with minimum standards developed by the Commissioner of Education, of a Districtwide nature.

The Superintendent of Schools shall be the Board's designee who shall appoint the committee's chairperson from among the commit-tee's members. The Superintendent of Schools shall meet with the committee periodically.

The chairperson of the committee, in consultation with the Superin-tendent of Schools or designee, shall set its agenda, which must be based on the areas noted in statute [see BQA(LEGAL)] and Dis-trict goals. Meetings shall be held four times per year; additional meetings shall be held at the call of the Superintendent of Schools. All committee meetings shall be held during the regular school day and shall not be open to the public, except for the annual public meeting held in conjunction with a regularly scheduled Board meet-ing after receipt of the District-level performance report.

The committee shall perform duties as described in BQA(LEGAL).

The committee shall be composed of at least 15 members who shall represent campus-based professional staff, District-level pro-fessional staff, parents, businesses, and the community. At least two-thirds of the elected professional staff representatives must be classroom teachers and the remaining staff representatives shall include both campus- and District-level professional staff members. The Superintendent of Schools or designee shall develop proce-dures for:

1. The selection of parents to the District-level and campus-level committees, and

2. The selection of community members and business represen-tatives to serve on the District-level committee in a manner that provides for appropriate representation of the commu-nity's diversity.

For purposes of this policy, "District-level professional staff" shall be defined as professionals who have responsibilities at more than one campus, including, but not limited to, central office staff. [See BQA(LEGAL) for the definition of "parent" and "community mem-ber"]

DATE ISSUED: 10/1/2008 LDU 2008.13 BQA(LOCAL)-X

EXHIBIT

& -1. 1 of 2

Dallas lSD 057905

PLANNING AND DECISION-MAKING PROCESS DISTRICT-LEVEL

BQA (LOCAL)

ELECTIONS

TERMS

VACANCY

OTHER ADVISORY GROUPS

Business member representatives need not reside in nor operate businesses in the District.

An employee's affiliation or lack of affiliation with any organization or association shall not be a factor in either the nomination or elec-tion of representatives on the committee. [See also DGA(LEGAL) and (LOCAL)] The Classroom Teacher Organization shall continue to function as a consulting body representing the memberships of employee associations/organizations with respect to wages, hours, and working conditions under applicable laws of the state, which are not part of the requirements of the planning and decision-making committees.

The consent of each nominee shall be obtained before the per-son's name may appear on the ballot. Election of the committee shall be held in the fall of each school year at a time determined by the Board or its designee. Nomination and election shall be con-ducted in accordance with this policy and administrative regula-tions.

Representatives shall serve staggered two-year terms and may serve additional terms with the approval of the Superintendent of Schools. After the initial election or selection, representatives shall draw lots, within each representative category, to determine the length of initial terms.

If a vacancy occurs among the representatives, nominations shall be solicited and an election held or selection made for the unex-pired term in the same manner as for the annual election.

The existence of the District-level committee shall not affect the authority of the Board or its designee to appoint or establish other advisory groups or task forces to assist it in matters pertaining to District instruction.

DATE ISSUED: 10/1/2008 LOU 2008.13 BQA(LOCAL)-X

ADOPTED: 2 of 2

Dallas lSD 057905

PLANNING AND DECISION-MAKING PROCESS DISTRICT-LEVEL

BQA (LEGAL)

COMMITTEE

PROFESSIONAL STAFF

PARENTS

BUSINESS REPRESENTATIVES AND COMMUNITY MEMBERS

The District's policy and procedures shall establish a District-level planning and decision-making committee as provided by Education Code 11.251 (b)-(e). The committee shall include representative professional staff, par-ents of students enrolled in the District, business representatives, and community members.

Education Code 11.251(b), .253(a) The Board shall adopt a procedure, consistent with Education Code 21.407(a) [see DGA], for the professional staff to nominate and elect the professional staff representatives who shall serve on the District-level committee. If practicable, the committee shall in-clude at least one professional staff representative with the primary responsibility for educating students with disabilities.

At least two-thirds of the elected professional staff representatives must be classroom teachers. The remaining staff representatives shall include both campus- and District-level professional staff members.

Education Code 11.251(e) Board policy shall provide procedures for the selection of parents to the District-level committee.

For purposes of establishing the composition of the committee:

1. A person who stands in parental relation to a student is consi-dered a parent.

2. A parent who is an employee of the District is not considered a parent representative on the committee.

3. A parent is not considered a representative of community members on the committee.

Education Code 11.251(c), (e) Board policy shall provide procedures for the selection of commu-nity members and business representatives to serve on the Dis-trict-level committee in a manner that provides for appropriate re-presentation of the community's diversity.

The committee must include business representatives without re-gard to whether a representative resides in the District or whether the business the person represents is located in the District.

Community members must reside in the District and must be at least 18 years of age.

DATE ISSUED: 10/19/2011 UPDATE 91 BQA(LEGAL)-A

EXHIBIT

A -2. 1 of 3

Dallas lSD 057905

PLANNING AND DECISION-MAKING PROCESS DISTRICT-LEVEL

BOA (LEGAL)

MEETINGS

PUBLIC MEETINGS

COMMUNICATIONS

CONSULTATION

RESPONSIBILITIES DISTRICT PLAN

DROPOUT PREVENTION REVIEW

Education Code 11.251(b), (c), (e) The Board shall establish a procedure under which the District-level committee holds regular meetings. The Board or designee shall periodically meet with the District-level committee to review the committee's deliberations. Education Code 11.251(b) The District-level committee shall hold at least one public meeting per year. The required meeting shall be held after receipt of the annual District performance report from TEA for the purpose of dis-cussing the performance of the District and the District perfor-mance objectives. Education Code 11.252(e) District policy and procedures must be established to ensure that systematic communications measures are in place to periodically obtain broad-based community, parent, and staff input and to pro-vide information to those persons regarding the recommendations of the District-level committee. Education Code 11.252(e) The Superintendent shall regularly consult the District-level com-mittee in the planning, operation, supervision, and evaluation of the District educational program. Education Code 11.252(f) The District-level committee shall assist the Superintendent with the annual development, evaluation, and revision of the District im-provement plan. Education Code 11.252(a) [See BQ]

'

The District-level committee shall analyze information related to dropout prevention, including:

1. The results of the audit of dropout records;

2. Campus information related to graduation rates, dropout rates, high school equivalency certificate rates, and the per-centage of students who remain in high school more than four years after entering grade 9;

3. The number of students who enter a high school equivalency certificate program and:

a. Do not complete the program,

b. Complete the program but do not take the high school equivalency examination, or

c. Complete the program and take the high school equiva-lency examination but do not obtain a high school equi-valency certificate;

4. For students enrolled in grades 9 and 10, information related to academic credit hours earned, retention rates, and place-

DATE ISSUED: 10/19/2011 2 of 3 UPDATE 91 BQA(LEGAL)-A

Dallas lSD 057905

PLANNING AND DECISION-MAKING PROCESS DISTRICT-LEVEL

BQA (LEGAL)

ments in disciplinary alternative education programs and ex-pulsions under Chapter 37; and

5. The results of an evaluation of each school-based dropout prevention program in the District.

The District-level committee shall use the information in developing the District improvement plan.

Education Code 11.255

Note: See BF for information on the committee's role in re-questing waivers.

DATE ISSUED: 10/19/2011 UPDATE 91 BQA(LEGAL)-A

3 of 3

.

Dallas Independent School

Distlict

Dlstrictwide Advisory Committee 2013-14 Roster (currentasofApr/1 1, 2013}

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Archer Connie Casa View Elementary Schoof Teacher

Atkins Jennifer Charles Rice Learning Center Instructional Coach

Calderon Diana Cabell Elementary School Teacher

D'Apice Hannah Browne Middle Schoof Teacher

Davis Angela NEA- Dallas President

Freeman Isaac T.C. Marsh Middle School Teacher

Guillory Jimmy Medrano Middle School Teacher

Gutierrez Dallas Dallas lSD Principal Fellow

Higginbotham Melissa W.T. White High Schoof Parent

Hodge Stacey Stand for Children Dallas Director

Honea Rena Alliance/AFT President

Jackson Renee Zan Holmes Middle School Teacher

Lecesne Barbara Community Member

Mercer William Samuel! High School Teacher

Morrissey Elisa Lanier Elementary Schoof instructional Coach

Munves Stephanie Lakewood Elementary School Teacher

Newberry Joey Lakewood Elementary School Teacher

Newton Joshua Science and Engineering Magnet atTownview Teacher

Oliver Ronald Bowie Elementary School Teacher

Ramirez Maria John Quincy Adams Elementary School Parent

Ramirez Mark Molina High School Principal ~ Ramsey Mark Parent II 1\-3 Richardson Kyle Woodrow Wilson High School Principal

Rodriguez Johnny Community Member

Dallas Independent

School District

Salinas Rosalinda Parent

Stark Shirley Piedmont/Scyene HOA President/Parent

Wade-Pettigrew Katrina Seagoville Elementary School Teacher

Wood Ellen Teaching Trust Co-Founder

Woodie Lisa Hillcrest High School Teacher.

Young Brian T.G. Terry Elementary School Teacher

SITE BASED DECISION MAKING

Dallas Independent School District tflllllllllllli

f\ -4

Table of Contents Foreword

History

Definition

Legal Mandates District and Campus Improvement Plans

District and Campus-Level Planning and Decision-Making Process District-level Committee Meetings Campus-Level Committee

Composition of the District and Campus-Level Planning Committees Composition of the Districtwide Committee Composition of the Campus-Level Committee Selection and Training of New Members

Function of the Site-Based Decision-Making Team Roles and Responsibilities Districtwide Committee Campus-Level Committee Principal's Responsibilities

Operating Procedures

Communications Framework

Decision-Making Parameters Planning-Goal Setting Budget Curriculum School Organization Staffing Patterns Staff Development School Safety

Federal and State Requirements Waivers Evaluation

Appendices

Site-Based Decision-Making Dallas Independent School District

3

4

4

5 5

6 6 6 6

7 7 7 8

9 9 9 10 10

11

12

13 13 13 13 13 14 14 14

15 15 15

16

2

Foreword

"Our mission is to prepare all students to graduate with the knowledge and skills to become productive and responsible citizens."

The focus of the Dallas Independent School District is to improve the performance of all students. Site-based decision-making is a process that will lead to the accomplishment of that goal at the local campus level, by establishing a framework for school staff, parents, and business and community stakeholders to join as a team in developing strategies to improve neighborhood schools.

Many campuses are experiencing the benefits of integrated planning and decision-making, as evidenced through increased student achievement, clearly outlined goals and objectives, and greater parent/community involvement. While each school in the Dallas Independent School District is unique, every school !!..!! be effective in meeting the needs of the population it serves.

It is the desire of the Dallas Independent School District that effective site-based decision-making teams will be one of the vehicles that will help the district reach and

exceed its goals. To that end, this document is designed to provide technical support to schools in the on-going implementation of site-based decision-making.

Site-Based Decision-Making Dallas Independent School District

3

History House Bill 2885, enacted in July of 1991, required each school district to develop a plan for decision-making to be filed with the Commissioner of Education. Prior to the State action, the Board of Education approved a long-range plan for site-based decision-making through a child-centered approach. This child-centered approach, based on concepts and functions recommended in the School Development Program by James P. Comer, had three components: School-Community Council -the primary unit for campus decision-making Parent/Family/Community Involvement Component - a mechanism to facilitate

substantive input into the goals and structure of the school Student Support Team- the mental health support system for students and families.

The DISD began its implementation of the site-based decision-making process with a pilot of ten schools and adopted a schedule to add all schools by the end of 1996.

Site-based decision-making has continued to evolve throughout the years. Presently, in order to align more directly with State terminology, the district refers to the process of decentralized decision-making as Site-Based Decision-Making (SBDM). Campus teams are referenced as site-based decision-making teams.

Definition Site-based decision-making is a process for decentralizing decisions to improve the educational outcomes at every school campus through a collaborative effort. Through this integrated process, superintendents, central staff, principals, teachers, campus staff, parents, and community and business representatives assess educational outcomes of all students, determine goals, and ensure that strategies are implemented and adjusted to guide student development, increase student achievement, and improve school operations.

Site-Based Decision-Making Dallas Independent School District

4

Legal Mandates In Texas, the focus of district and campus planning and decision-making is to improve the performance of all students. The ultimate purpose is to attain the state's educational goals of equity and excellence in achievement for all students. Senate Bill 1 contained provisions that outlined the district-level and campus-level planning and decision-making processes. The Texas Education Code (TEC) also sets out minimum requirements.

It is the responsibility of each school district to interpret and implement the provisions of the state education code in a manner consistent with the statute that will best serve the school district's unique characteristics. This guide outlines the details for implementation of the planning and decision-making process for the Dallas Independent School District.

District and Campus Improvement Plans

1. The Board of Education under TEC 11.251 must ensure that both a district improvement plan and improvement plans for each campus are developed, revised and reviewed annually.

The District Improvement Plan must include: A comprehensive needs assessment Measurable district performance objectives Strategies for improving student performance Strategies for providing information on higher education to secondary students,

teachers, counselors, and parents Resources needed to implement strategies Staff responsible for accomplishing each strategy Time lines for ongoing monitoring Formative evaluation criteria

The Campus Improvement Plan must: Assess academic achievement for each student Set campus performance objectives Identify how campus goals will be met for each student Determine resources needed to implement the plan Identify staff needed Set time lines Measure progress periodically Include goals and methods for violence prevention and intervention Provide for a program to encourage parental involvement

Site-Based Decision-Making Dallas Independent School District

5

District and Campus-Level Planning and Decision Making

Process

1. The Board of Education shall adopt policy to establish a district-level and campus-level planning and decision-making process. The Board shall establish a procedure under which meetings are held regularly by district-level and campus-level planning and decision-making committees.

District-level Committee

In compliance with Education Code 11.251, the district-level Committee shall advise the Board or its designee in establishing and reviewing the district's educational goals, objectives, and major districtwide classroom instructional programs identified by the Board or its designee. The committee shall serve exclusively in an advisory role, except that the committee shall approve staff development of a districtwide nature. BQA(LOCAL) The superintendent shall be the Board's designee to the district-level committee. The committee shall elect its chairperson from among the committee's members. The superintendent shall meet with the committee periodically.

Meetings

The chairperson of the committee and the superintendent (or a designee) shall set the agenda and schedule twelve meetings per year. Additional meetings may be held at the call of the chairperson. All committee meetings shall be held during the regular school day.

Campus-Level Committee

A campus-level planning and decision-making committee shall be established on each campus to assist the principal in developing the campus goals and plan for improvement. The Site-Based Decision-Making Committee (SBDM) is responsible for input and involvement in the planning and decision-making process to improve student achievement. The SBDM team shall serve exclusively in an advisory role, as defined by the Board in the district's campus-level planning and decision-making implementation plan.

Site-Based Decision-Making Dallas Independent School District

6

Composition of the District and Campus-Level Planning Committees

1. The Board of Education shall establish guidelines for the composition of the district and campus planning committees. The Board shall adopt a procedure, consistent with Section 21.407(a) for the professional staff in the district to nominate and elect the staff representatives who shall meet with the board or the board designee. Board policy must provide procedures for the selection of parents, community members, and business representatives that provides for appropriate representative of the community's diversity.

Composition of the Districtwide Committee

The Districtwide Committee is comprised of members who represent campus-based professional staff, district-level professional staff, parents, businesses, and the community. Three-fourths of the district and campus professional staff must be classroom teachers, and the remaining one-fourth must be professional non-teaching district and campus-level staff. Committee members shall include:

Nine campus-based teachers selected from Inside Track Representatives Three principals (one elementary, one middle school, one high school) Nine non-employee members nominated and elected by the Superintendent's

Advisory Committees Three parents of students currently enrolled within the district; three community

members, who reside within the district, selected by the Superintendent's Advisory Committees; and, three business people selected by the Superintendent's Advisory Committees

Composition of the Campus-Level Committee

The campus site-based decision-making committee has a minimum of 12 members, including administrators, teachers, support staff, auxiliary personnel, parents, community and business representatives, and, where appropriate, students. The SBDM team is composed both of elected and appointed stakeholders.

50% of the SBDM team's membership is comprised of professional and support staff, and other auxiliary school personnel.

Two-thirds of the school staff are elected with representation based on grade levels at the elementary school and departments at the secondary school.

One-third of the school staff is appointed by the principal to guarantee representation of all staff, including support staff.

50% of the SBDM team's membership is comprised of parents, community representatives, business representatives, and students at levels where appropriate.

Key parent/community/student groups elect two-thirds of the parent/ community/ business/ student representatives.

Site-Based Decision-Making Dallas Independent School District

7

Up to one-third of the parent/community/business/student representatives may be appointed to achieve representational balance.

For purposes of clarification the following definitions exist:

A person who stands in parental relation to a student is considered a parent. A parent who is an employee of the district is not considered a parent

representative on the committee. A parent is not considered a representative of community members on the

committee. Community members must reside in the district and must be at least 18 years of

age. Business representatives need not reside in nor operate businesses in the

District.

Selection and Training of New Members

It is useful to consider a policy that provides for staggered terms of service for committee members. Such a provision may ensure the stability of the committee's decision-making over time. Whether staggered terms are used or not, it is wise to engage in team-building activities whenever new members join a committee. Potential non-professional staff candidates may be solicited through newsletters distributed broadly to all appropriate community and business entities. Announcements of the request for candidates may be advertised in the local newspaper with a description of the expected responsibilities and the recommended qualifications of committee members. Nominees may be solicited from parent and teacher organizations/associations, chamber of commerce, local businesses and community organizations.

At the campus level, new legislation requires plans to "provide for a program to encourage parental involvement." A critical first step in addressing this requirement is to ensure that a balanced, diverse group of parent representatives are included in the campus-level committee membership.* Campus by-laws will determine the term lengths for committee members. It is recommended that elections are held in the spring so that committee members may meet during the summer to participate in training, review performance data, revise objectives and strategies to address identified needs, and make recommendations for the campus improvement plan.

*In schools containing an Early Childhood component, at least two parents representing Pre-K through 3'd grade must serve on the campus SBDM Committee

Site-Based Decision-Making Dallas Independent School District

8

Function of the Campus Site-Based Decision-Making Team

The function of the SBDM team is to advise the principal in establishing the campus goals and plans for improvement. This SBDM team serves as an advisory body, responsible for the input and involvement in the decision-making process that will improve student performance and well being. The SBDM team is limited to an advisory capacity in all areas, except in the area of staff development. Texas Education Code requires that the committee approve campus-based training. TEC11.253(e)

Roles and Responsibilities

1. The Board shall a/so ensure that administrative procedure is provided to clearly define the respective roles and responsibilities of the superintendent, central office staff, principals, teachers, district-level committee members, and campus-level committee members in the areas of planning, budgeting, curriculum, staffing patterns, staff development, school organization, and school safety.

In Senate Bill 1, clear and consistent statutory linkage exists between educational accountability criteria, district and campus planning and decision-making requirements, and legal mandates for public disclosure of performance information. Therefore, it is suggested that responsibility be assigned at all levels of educational leadership to ensure that effective school improvement is occurring. State statute provides specific role definition of educational leaders, including school boards, superintendents, principals, and committees, with respect to planning and decision-making processes and requirements for public accountability for student performance. For purposes of this document, the roles and responsibilities of the district committee, campus committee and the principal will be listed.

Districtwide Committee

o Provides assistance in the development, evaluation, and annual revision of the district improvement plan

o Provides comments on district-level waivers Participates in the development of a local appraisal process, if the state process

is not utilized o Meets periodically with the board or the board designee to share their

deliberations o Holds at least one public meeting per year to discuss the performance of the

district o Participates in the development of a student code of conduct o Participates in the development and approval of districtwide staff development o Addresses all pertinent federal planning requirements

Site-Based Decision-Making Dallas Independent School District

9

Campus-Level Committee

Provides assistance in the development, review and revision of the campus improvement plan

Addresses all pertinent federal planning requirements Participates in decisions in the areas of planning, budgeting, curriculum, staffing

patterns, staff development, school organization, and school safety Approves the staff development portion of the Campus Improvement Plan Holds at least one public meeting per year to discuss the performance of the

campus Ensures that systematic communications measures are in place to obtain input

and disseminate information regarding recommendations of the campus-level committees

Provides comments on campus-level waivers Participates in the development of a local appraisal process, if the state process

is not utilized Determines the use of funds awarded to the school under the Texas Successful

Schools Award System

Principal's Responsibilities

The principal's role is outlined in state statute as well. The principal is charged with setting specific education objectives for the campus through the campus planning and decision-making process. The roles and responsibilities include:

Developing, reviewing, and revising the campus improvement plan (TEC 11.253) Holding at least one public meeting annually after the receipt of the campus

rating (TEC 11.253) Consulting the campus-level committee in the planning, operation, supervision,

and evaluation of the campus educational program.

Site-Based Decision-Making Dallas Independent School District

10

Operating Procedures The site-based decision-making team advises the principal in the following areas: planning, budgeting, curriculum, staffing patterns, staff development, school organization and school safety. The composition of SBDM teams and committee structures vary from school to school in accordance with local needs, interests, and other indigenous factors. In addition, each team determines which committees give primary attention to these functions and how they organize to address them.

By-laws should be developed as procedures or practices that facilitate and clarify the work of the site-based decision-making team. These by-laws become the guiding principles upon which the committee operates. The by-laws should include a process for:

Reaching collaborative consensus Selecting officers. Officers will vary from campus to campus; however, the most

common positions are: ./ Chairperson - Works with the school principal to prepare and distribute an

agenda, and conducts the meeting in an organized manner ./ Recorder- Maintains records of team activities ./ Timekeeper- Ensures that team activities are carried out in a timely manner ./ Facilitator - Ensures that meetings and team activities are conducted

efficiently, effectively and orderly; keeps the group on track until it has accomplished its goals

Establishing guidelines for rotation/removal of SBDM members Setting frequency of meetings Preparing agenda Recording minutes Holding open meetings Setting ground rules for conducting meetings Utilizing committees or project teams Soliciting broad-based input about issues under review Disseminating information Proposing recommendations Appealing a principal's decision to the General Superintendent, or

Superintendent's designee Establishing an Evaluation and Modification Committee, chaired by the principal

(required) Examples of by-laws, agendas, committee structures and other information for managing the committee can be found in the appendix of this document.

Site-Based Decision-Making Dallas Independent School District

11

Communications Framework Communication is critical to shared decision-making. The opinions of all stakeholders need to be solicited and multiple groups need to be informed regularly of the recommendations of the SBDM team. Board policy establishes that the principal or designee shall ensure that the campus-level SBDM communicates on a systematic basis.

In accordance with TEC Section 11.252(e), district policy and procedures must be established to ensure that systematic communication measures are in place to obtain broad-based community, parent, and staff input and to provide information to those persons regarding the recommendations of the districtwide committee. Local policy further states that these measures should also exist at the campus level (BQB LOCAL). Communications can include, but not be limited to, the following:

Periodic meetings to gather input and provide information on the work of the committee. Meetings can be advertised in district or campus publications and through the media.

Articles in district or campus publications regarding the work of the committee. Regular new releases to the media in the district regarding the work of the

committee. Periodic reports on the work of the committee may be posted on campus bulletin

boards. Scheduled meetings with representative groups (Inside Track, Superintendent's

Advisory Committees, etc.) to give updates on the work of the committees Collaboration with co-existing organizations is also important to the success of the site-based decision-making team. While campuses may have a variety of representative groups, the following organizations are common to every campus:

Inside Track Parent Teacher Association (PTA) Faculty/Staff Advisory Committee (FSAC) Language Proficiency Advisory Committee (LPAC) Student Support Team (SST)

Other groups may be sanctioned, particularly at the district level. Mechanisms for receiving input from all groups need to be taken into advisement by the teams. Each team has the responsibility to keep its constituents informed.

Site-Based Decision-Making Dallas Independent School District

12

Decision Making Parameters The primary functions of site-based decision-making are delineated below. The SBDM team may choose to propose consensus recommendations to the principal in these areas. However, the areas that the SBDM does not wish to consider will become the responsibility of the principal and his/her staff. A SBDM may choose to establish committees to address issues in each of the decision-making parameters.

These committees provide an opportunity to involve a wide range of stakeholders. The committee chair must be a member of the site-based decision-making team. However, the remaining committee members can be chosen from a variety of stakeholder groups and are not required to be members of the SBDM committee.

Planning/Goal Setting Identify academic and social needs of students Develop campus vision Identify campus/department needs Collect data for improvement Select school priorities based on student assessment Identify parent/community needs

Budget Make recommendations on the budget process Maximize the allocated resources to meet program needs Monitor campus budgets Determine priorities for expenditures Ensure budget is aligned with the campus improvement plan and district mission

Curriculum Set educational priorities that align with district educational priorities and specific

needs of the school community Determine modifications of curriculum and programs for equity, unique interests

and needs of students Determine procedures and monitor instructional practices Research and recommend curriculum initiatives Recommend instructional changes based upon student needs Evaluate compliance with District, State and Federal guidelines Evaluate implementation of the Campus Improvement Plan to determine success

School Organization Utilize flexible instructional groupings according to guidelines Give input on internal scheduling of staff Use leadership teams to assist in research Implement a management structure that will result in continuous improvement

Site-Based Decision-Making Dallas Independent School District

13

Collaboratively establish student code of conduct, behavioral expectations and procedures within the district framework

Initiate waiver request from district or State mandates for procedures

Staffing Patterns Explore principal and campus staff assignments by developing personnel profiles Provide a school-based assistance program for new staff members Identify personnel needs Develop continuous improvement plans Review instructional schedules to maximize use of available instructional

specialists

Staff Development Create development opportunities for employees, parents and community

representatives Identify needs of campus Integrate staff development into the campus improvement plan Implement, monitor and evaluate staff/parent training Approve the portion of the campus improvement plan addressing staff

development

School Safety Support efforts to prevent incidents of school violence from occurring, through

v' Appropriate and effective discipline policies; v' Security procedures; v' Prevention activities; v' Student codes of conduct; and v' A crisis management plan for responding to violent or traumatic incidents on

school grounds. Promote and support:

v' Assessments/reviews of the physical environment of schools to determine areas where the safety and/or security of students and staff might be jeopardized (verify that the school has a current Physical Security Assessment by the DISD Safety and Security Department);

v' Maintaining statistics of incidents of disruption and school crime/violence so that administrators can (1) determine the types of problems which are occurring at their schools, and (2) address solutions;

./ Surveys of the school community that will enable school personnel, parents and community members to identify areas of concern, as well as behaviors that might reflect these concerns;

./ Student involvement as a way to establish and maintain the safety and security of a school, and to communicate irregularities and/or concerns in the school.

Site-Based Decision-Making Dallas Independent School District

14

Federal and State Requirements 1. The district policy must provide that all perlinent federal planning requirements are

addressed through the district-level and campus-level planning process.

When state and federal funds are used for special programs and services, these resources, related strategies, and appropriate formative evaluation criteria should be indicated in the campus improvement plan to accomplish performance objectives identified for populations served by such funds. District policies are required under TEC 11.252(f) to ensure that all pertinent federal planning requirements are addressed through the district-level and campus-level planning process. This means that the campus improvement plan for a Title I campus should incorporate all of the items required to obtain the federal Title I funds.

Waivers

Local autonomy also can be enhanced through the use of waivers. Creative and imaginative initiatives prohibited by law, regulation, or policy might merit the waiving of rules by appropriate authorities. A waiver should include:

A written plan that states the achievement objectives of the campus or district and the inhibition imposed on those objectives by the requirement, restriction, or prohibition

Written comments from the campus-level or district-level committee.

All requests for waivers are submitted first to the area superintendent and then to the General Superintendent who has established a Waiver Review Committee to examine the requests and assist schools in their efforts to provide alternative initiatives.

Evaluation

At least every two years, each district must evaluate the effectiveness of the district's decision-making and planning policies, procedures, and staff development activities related to district and campus-level planning and decision- making (TEC 11.252). Plans should be monitored frequently. The evaluation process should include both formative and summative evaluations. The formative evaluation will be guided by expected results and incremental timelines associated with the activities developed to accomplish the performance objectives. The summative evaluation is conducted to assess the degree to which the district or campus actually accomplished the year's targeted performance objectives.

Site-Based Decision-Making Dallas Independent School Districl

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Dallas lSD CommunicatoJ August 2009 I www.dallasisd.org I i 1 a 1 @

Inside Track gets a facelift

Tc district's employee communications program Inside Track is changing to give employees more access to district leadership. The goal of the revamp is to reap the benefits of improved communication between the rank and file and top administrators. These benefits include increased productivity and employee satisfaction and higher student achievement. The new format will bring Inside Track representatives from campus and central staff together for quar-terly meetings with the superintendent and other district leaders. It's hoped these sessions will build rap-pOlt and trust and provide a forum for the exchange of ideas from the bottom up. 1\vo-way communica-tion is the whole idea behind Inside Track and the superintendent says he's excited to have more face time

\\~th employees. "This is part of an ongoing effort to encourage a dialogue with district staff," said Superintendent of Schools Michael Hinojosa, who tours at least one campus per week on his customary Wednesday visits. "In addition to the visits, last year we held a series of 12 dialogue sessions with staff across the district where I answered a variety of questions about our financial status and plans to improve the work climate and academic achievement. The new Inside Track format will permit me to hear directly from employees ideas about how we can continue our work to make Dallas lSD the best urban district in the country." The new features of Inside Track include representatives who will gather input from their coworkers, submit questions via e-mail for discussion at the meetings, attend meetings, collect information, and share that information with their colleagues. These employees also will receive periodic news updates on developments affecting the district and e-mails with \~tal information to share with their colleagues. They also will serve as communications contacts to share positive news of school or department activities, programs, and accomplishments. The first Inside Track meeting for 2009 is scheduled for 2 p.m., Thursday, Sept. 3, in the administration building auditorium. Some things about Inside Track will remain the same. Division heads will still select the representatives for their depa1tments and submit the names to Communication Sen~ces. Principals still select the Inside Track representative for their campus and submit that uame online on the district intranet at http:jjinet.dallasisd.org jinsidetrackjindex.html. This year's deadline to submit representatives' names was Wed., Aug. 26. All employees will still have access to information by submitting questions to Inside Track. As in the past, these questions will be answered by the appropriate district staff and posted online for viewing by all employees. For more information, employees may log on to http:jjinet .dallasisd.orgjinsidetrackfindex .html, or call (972) 925-3915.

EXHIBIT

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611112014 Home-Rule Charter I Home-Rule Charter Information

Home- Rule District Information

An effort has recently been launched by an outside organization to turn Dallas lSD into a home-rule district. The concept of a home-rule district was created nearly 20 years ago by the Texas Legislature, and as yet, no community has created such a district.

While the board, the administration and the community continue to examine the issue in depth, this web page will serve as a clearinghouse with factual information about the process.

Update: june 6, 2014 After a selection process and in accordance with all legal requirements, the professional staff of the Districtwide Advisory Committee (DAC) has named the following Dallas lSD teachers to serve on the Home Rule Charter Commission:

o Isaac Freeman, Thomas C. Marsh Middle School o Ron Oliver, james Bowie Elementary School o Bonita Reece, Birdie Alexander Elementary School o julie Sandel, Hillcrest High School

In the event that one of the above named teachers is unable or unwilling to serve, two alternates were also selected:

o First Alternate: Mark Harrington, Seagoville High School o Second Alternate: Candace McAfee, Skyline High School

To select the four teachers and two alternates, the DAC: 1. Defined selection criteria and drafted supplemental survey questions to evaluate applicants. 2. Reviewed 75 completed applications and pared the pool to 14 finalists. 3. Individually evaluated the finalist pool and then extensively discussed the finalists as a group. 4. Ultimately determined the four teachers and two alternates based on the application quality and to

ensure diversity in grade band, racejethnicity, and campus location.

Attorneys from the firm of Thompson & Horton, which has been engaged by the Dallas lSD Board of Trustees to advise the district on home-rule issues, observed the entire process and were regularly consulted concerning any legal questions.

The remaining 11 members of the charter commission will be selected by the Dallas lSD Board of Trustees. Eight of the individuals serving on the commission must be district parents.

Update: May 23, 2014 The Dallas lSD Board of Trustees has 30 days to form a 15-person commission to draft a proposed home-rule charter.

By law, the Board of Trustees must appoint a charter commission of district residents that reflects the racial, ethnic, socioeconomic and geographic diversity of the district. At least eight members must be parents school-age children attending Dallas lSD public schools. At least 25 percent of the commission must be classroom teachers. Trustees will appoint 11 of the 15 members.

The 30-day window to form a commission began May 22 when more than 24,650 signatures on a petition to

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6/11/2014 Home-Rule Charter I Home-Rule Charter lnforrmtion

create a home-rule commission were verified. Once appointed, the commission has up to a year to complete its work.

Complete the Home Rule Charter Commission Interest Forrn

Update: May 22, 2014 Dallas lSD has verified that a petition to create a home-rule charter has the required number of signatures needed to cause the district's Board of Trustees to appoint a charter commission. More than 24,650 signatures, representing more than five percent of the district's registered voters, have been verified during the last week. More than 49,000 lines on petitions, which included blanks, were reviewed.

Update: May 19, 2014 The Dallas lSD Board of Trustees will meet tonight to discuss hiring a law firm to advise the district regarding the home-rule initiative.

Update: May 15, 2014 Supporters of the home-rule initiative delivered three boxes of signed petitions to the school district administration building today.

Message From Superintendent Mike Miles

'A community group has announced its intentions to begin a process that could significantly impact Dallas lSD. The group's efforts to place the district under the authority of a "home-rule charter" will likely generate a great deal of conversation, both in the community and within

Dallas lSD. Therefore, I would like to provide you with some information about the process being initiated.

Chapter 12 of the Texas Education Code outlines the process for bringing a school district under the authority of a home-rule charter. It should be noted that, in this context, "charter" refers to a document that establishes how a district operates, similar to how charters work for cities, such as the City of Dallas. The process to establish a home-rule charter begins with a petition drive. If the petition drive receives more than 24,459 signatures (5% of registered voters), the Board of Trustees would be required to appoint a commission of 15 members who would draft a charter that describes how the district would be operated in the future. That charter then goes to the Commissioner of the Texas Education Agency for approval. It would also be sent to the U.S. Department of justice for preclearance under the Voting Rights Act. If the Commissioner approves the charter, the charter would go to voters for approval during a general election. Should a majority of voters approve the draft charter, the district would then operate under the provisions established in the charter.

There are some very specific guidelines for this process that are outlined in TEC Chapter 12. If you are interested in learning more about home-rule charters or the process, you can read the summary from the Texas Association of School Boards and watch the briefing that the Board of Trustees received on the issue on Thursday, March 6. This is the first time that this process in Texas state law has been attempted, and there are a number of unknowns. I would encourage you to stay informed as the process unfolds. However, regardless of what transpires, our focus as an administration and as a district will remain on improving the quality of instruction in every classroom so that each of our students is successful in college and their careers.

Mike Miles, Superintendent

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Additional Information

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