tea closure letter to north forest

Upload: enm077486

Post on 07-Apr-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/6/2019 TEA Closure Letter to North Forest

    1/22

    1701 North Congress Avet Austirr,Texas7870T-149*- 512463-9734- 512 463-9838 FA X E *www.tea.state.tx.us

    .t

    IMPORTANTACCREDITATION

    INFORMATION

    J u l y S , 2011CERTIFIED MAIL

    101-909101-909-003

    2011-2012Mr. Albert Coleman, President, Board of TrusteesMs. Edna Forte, Acting SuperintendentNorth Forest Independent School District6010 Little YorkHouston, Texa s 77016

    Dear Mr. Coleman and Ms. Forte:

    The purpose of this letter is to provide advance notice to the North Forest Independent School District(iSD) regarding the status of the district and its North ForestHigh School campus. I have determinednot to order immediate closure of the high school campus. However, the Texas E ducation A gency

    (TEA or agency) has determined that, when it releases ratings on August 1, 2011, bo th the NorthForest ISD and North ForestHigh School willbe rated Academically Unacceptable (AU),thedistrict for the third consecutive year and the high school for the sixth consecutive year, it hasfurther been determined that,in 2011, the district will earna substandard financial accountabilityrating for the fourth consecutive yea r. These consecu tive ratings, com ing after the performancehistory discussed below, will requireme to assign North ForestISD a 2011-2012 accreditationstatus of Not Accredited-Revoked and to close the district effective July 1, 2012.

    Background Information 1

    A s you are aware, when academ ic accountability ratings were issued on A ugust 1, 2008, theForest Brook and Sm iley High S chools were rated AU for the third consecutive y ear. On

    March 15 , 2008, these twohigh

    scho ols were m erged to form the North ForestHigh

    School,and, in 2008-2009, the campus was required to implement school improvementandreconstitution plans. (See enclosed.) A s a result of previous performance concerns,the NorthF orest High School had been assigned a camp us intervention team (GIT), which rem ainedassigned to the campus. (See A ugu st 29, 2008 correspondence, Bates pp. 79-84.)Additionally, as described in a letter dated November 1, 2007, the district was assigned aconservator to overse e continued implementation of school improvement and/or reconstitutionplans for the multi-yearA Ucampuses withinthe district. (See enc losed .)

    1 North ForestISD participatedin a record reviewon Apr i l1, 2011 . related to its 2010-20 11 accreditation status assignment. Theofficialrecord developed for that review includes a comprehensive correspondencehistory for thedistrictand is incorporated hereby reference. Documents includedin that record are not enclosed with this correspondencebut are referenced by date and/or

    Bates stamp page. A dditional documentsno t already in the specified recordare enclosed with this correspondence.

  • 8/6/2019 TEA Closure Letter to North Forest

    2/22

    Mr. AlbertColeman, President, Boardof TrusteesMs. Edna Forte, A cting SuperintendentNorth Forest Independent S chool DistrictPage 2

    On July 31 , 2008, the agency notified North ForestISO that it would appointa board of managersand superintendent to exercise the powers and duties of the district's boardof trustees due to thedistrict's extensive historyof deficiencies, its recent significant problems,and its failureto

    consistentlywork cooperatively with previously-assigned conservators toaddress numerousproblems withinthe districtand its campuses. (See enclosed.) The district requ ested a review ofmy determination, and,after completion of the review,on October 16 , 2008,1 assigned the boardof managers, effective immed iately. {S ee Batespp . 52-54.)

    On January 8, 2009, a hearing was conducted to provide district leaders an opportunity toexplain the continued academically u nacceptable performance,lack of improvement, and plansfor academic improvementat the North Forest High School.The statu tory intervention structurein place to address circumstances of ongoing academically unacceptable performance wasreviewed duringthe hearing. Given the multi-yearA Ustatus of the campus, the districtwasnotified of the requirement to develop a contingency plan for possible campus closure shouldperformance not improve. (See Sates pp. 85-86 and enclosure dated December 16, 2008.)

    On May 8, 2009, the agency officially notified the district that it wasrequired to submitcontingency plans for closure of the North ForestHigh School cam pus should the campus berated AU when the 2009 and/or 2010 academic accountability ratings were issued. (See Batespp . 85-86.) On M ay 22,2009, the North ForestISO submitted a board of managers-approvedcontingency planto the TEA in the event that the North Forest High School did not meet thestate accountability standards and was ordered closed for the 2009-2010 or 2010-2011 schoolyears. (See Bates pp. 87-101.)

    On July 31, 2009, the North Forest High School was rated AU for the fourth consecutive ratingyear, and it earned its fifth consecutiveAU rating on July 30, 2010. During this time period,theagency continued to implement substantial sanctionsat the district leveldue to ongoing and

    serious performance, compliance,and governance concerns. Additionally, withthe passage ofHouse Bill (HB) 3 during the 81SI Legislative Session,an additional year was added to thetimeline under which I am required to order an ultimate sanction for a chronicallyunderperforming campus. Consequently, the campus was not ordered closed in 2009 or 2010.However, with the campus' sixth consecutive AU rating in 2011, it again is subject to an orderunder Texas E ducation Code (TE C) 39.107(e) of closure, repurposing, or alternativemanagement.

    In regard to district-level actions, North F orest ISO was assigned an A ccredited-Probationstatusfor 2007-2008 and 2008-2009 due to findings related to a series of special accreditationinvestigations conducted in the district and resulting in the sanctions referenced above. (SeeBates pp. 1-41.) The district w as assigned a 2009-2010 accreditation status of A ccredited-Warned based on its academic and financial performance. Specifically,the districtwasassigned a 2009 academic accoun tability ratingof Academically Unacceptable, a 2008 financialaccountability ratingof Substandard Achievement, and a 2009 financial accountability ratingofSuspended-Data Quality- (See Bates pp. 42-44.)

    In 2010-2011, the district againwas assigned an Accredited-Probation statusdue to the ratingsassigned to the district in the state's academic and financial accou ntability ratingsystems andspecial accreditation investigation findings that rem ainedof concern. Specifically,the districtwasassigned a 2009 and 2010 academ ic accountab ility rating ofAcademically Unacceptable, a 2008financial accountability rating ofSubstandard Achievement, a 2009 financial accountability rating ofSuspended-Data Quality, and a 2010 financial acco untability ratingof Substandard Achievement.(See Bates pp . 18-41, 45-51, 57-59, and 453-464, and enclosure dated May 4, 2011.)

  • 8/6/2019 TEA Closure Letter to North Forest

    3/22

    Mr. Albert Coleman, President, Board of TrusteesMs. Edna Forte, Acting SuperintendentNorth Forest Independent School DistrictPageS

    In November 2010, in accordance with the timeline established by TE C39.112, the board ofmanagers was removed from North Forest ISO, and control of the district was returned to thedistrict's elected board of trustees. Specifically, on November 10, 2010, the agency officially

    notified the district that all previous appointments would expire upon the newly-elected membersof the North Forest IS O board of trustees taking the oath of office in a board meeting to be heldon November 15, 2010. (See Bates pp. 76-77.) On July 12, 2010,1 reactivated the assignmentof a conservator to the district and assigned Ms. Kay Karr the responsibility to assist in thetransition to local board control and with the district's ongoing operations. (See Bates pp . 60-75.)

    Revocation of Accreditation; Annexation

    A s stated above, North Forest ISO and North Forest High School will be rated A Uwhenaccountability ratings are released on August 1, 2011. With those ratings, the district will haveearned a third consecutive year of AU performance, and the campus will have earned a sixthconsecutive year of AU performance. Additionally, the district again will earn a Substandard

    Achievement financial accountability rating in 2011. This third consecutive AU rating and fourthconsecutive substandard financial rating, coming after the performance history reviewed in thisletter and previous records, will require me to assign North Forest ISO a 2011-2012 accreditationstatus of Not Accredited-Revoked and to close the district effective July 1, 2012. Therefore, on orafter August 1, 2011,1 will issue an order for the closure of North Forest ISO. This order will annexNorth Forest ISO to Houston ISO (101-912) effective July 1, 2012. The order will notify you of theprocedures available to the district to appeal its ratings and to appeal the order of annexation.There is nothing the district needs to do at this time in order to preserve those appeal opportunities.

    Given this annexation, I defer the sanction decision under TEC 39.107(e) as to the NorthForest High School for the 2011-2012 school year.

    Conservator

    A t this time, I will continue the conservator assignment to the district and charge Ms. Karr withoverseeing the closure and annexation process, in addition to relevant duties previouslyassigned. It will be the role of the conservator to facilitate the annexation process in conjunctionwith the Houston ISO to ensure a smooth transition and transfer for the district and its students.Ms. Karr will report on her activities to both the North Forest ISO and Houston ISO boards oftrustees and will have the authority to direct, approve, and disapprove actions as she deemsnecessary to promote the smooth transition of functions from North Forest ISO to Houston ISO.The cost of the services provided by the conservator will continue to be paid by the district.

    Preclearance

    The annexation of North Forest ISO to Houston ISO has been determined a change requiringprectearance under the National Voting Rights Act of 1965 (42 U.S.C. 1973-1973aa-6). WhenTEA applies for preclearance from the United States Department of Justice, you will be notified.

    While it saddens me to take this action, given the expectations of state law and myconcern forthe long-term education of the students served by North Forest ISO, I am compelled to moveforwardwith this process, I am committed to an effective transition, and I will make agency staffavailable to support the two districts as questions or issues may arise. It is mysincere desirethat the agency, the district, and the community work together in a cooperative an d productivemanner to address the needs of the district's students.

  • 8/6/2019 TEA Closure Letter to North Forest

    4/22

    Mr. A lbert Coleman. President, BoardofTrusteesMs. Edna Forte,ActingSuperintendentNorth Forest Independent School DistrictPage 4

    A ny questions you may have regarding this correspondencemay be addressed to Laura Taylor,Associate Commissioner for Accreditation,at (512) 463-5899or by email at [email protected].

    Sincerely,

    Robert ScottCommissioner of Education

    RS/jt

    Enclosures

    cc: Bill McKinney, E xecutive Director, Region4 Education Service Center

    Laura Taylor, Associate Comm issioner for Accreditation, TE ADavidAnderson, General Counsel, TEAKaren Batchelor, Deputy A ssociate Commissionerfor Program Monitoringand Interventions,TE ARon Rowell, Director, Governanceand Genera) Inquiries, TEATed Kerr, Program Monitoring and Interventions, TEAMary Jane DeBusk, Campus Intervention Team ContactKay Karr, Conservator

  • 8/6/2019 TEA Closure Letter to North Forest

    5/22

    c2a.o

    . . Z *" S

    -O O =e v s - e "S .3 Ti T:S a. 2 s< W V c E: 1 1 3ill* S * 3 1 -a- J* 2 S

    S 8* Si " - 8 S .isi S 3 II15 3 1 3 S S o 8 a' 3 .ilSjhiS c o c -5s 9 s S 1 15 1 ^ s B 1 3 | 5 I . B^1 a Is 3

    (J .0v >t *-3 i- , o< nu s J 3 _ ^ * i * H^ 2' %** T*

    3 I S 2 * *^ * 6 | E ! -311!1 1 1 S S i.a e 11

    ' 0

    oe0)o ^

    e< S3 =

    1(3oO)cE

  • 8/6/2019 TEA Closure Letter to North Forest

    6/22

    D V3< 3

    s:

    ^ o * 3a ^ c; s o> a>o a: EO a) "a.

    w w Ei- n ) T 3

    a. c

    9:

    Ea.

    "

    a

    C

    c'TJ

    (/

    "3oC D

    3Sa.oaQ

    ?oa33

    ;

    InceT

    oS

    msoBow(C

    A

    o

    a22o

    u

    aX

    LENm

    S?

    13

    |DntaDa(D

    Sem

    22

    io

    ICDsNm

    o>ooCM

    tCCM>

    DDawthSanR

    m

    o

    (D

    F

    u

    3S

    10oLi,

    *Sz

    1

    Cm

    Nm

    1

    1FnVso(D

    Ju

    12

    i*

    S

    1Cm

    Nm

    v

    -

    1

    FnVso(FubR

    E

    oy

    OA

    o

    VO

    NOA

    o

    R

    msoR

    y

    1E

    R

    oNm

    1 S3 e srJ Jl S

    * 11ji*a t ?~ f i f -1*38 * 3*1 ***

    SiifK >,&',iV-sf? >: '-C'-r

    If;?''.,' ;?'F'll Vr''

    f;;.! ^ ,-B e ^w/.--*'.:g S,,E5>3

    |^;;||:

    ^'-fSrl1::-

    :' -;fffe

    . " " - , : "5w

    *J 51 S

    H3|

    !||III a j il

    1

    .a ^S |j

    S

    sS 2?M S*j"- P r=

    SliE g >0 O S " S-0 Cc ~LU iVtri

    * A^* S P4

    i ?aiU

    U"*" O>

    M. ** .ir.aa

    aueC

    oen

    osu

    neem

    e

    eev

    Oe

    eb

    osu

    nee

    s

    anHtyocm

    n

    a

    ce

    bmkea

    e

    s

    aM

    aT

    o

    PnnP

    oa

    tnecne

    cm

    tya

    su

    awe

    ho

    Cea

    T

    oD

    O

    H

    T

    o

    Frsec

    1 i

    fii*! *u

    3

    "8s%z.Olca.?siil i-o!i 11

    Sstli

    ii

    5

    "5 a

    i|

    s j s-2 '5UJ

    IF^

  • 8/6/2019 TEA Closure Letter to North Forest

    10/22

    c.3Q.CO

    o-j ** ta'-:-.

    f;.'> . '!* '

    If' I- 3'

    2 * Jj

    ^

    tuo

    (Ae

    c

    d

    m

    TgeA

    POCUJ

    [S

    d

    3cu2

    u5O

    3*32

    w

    OM

  • 8/6/2019 TEA Closure Letter to North Forest

    11/22

    T E X A S E D U C AT I O NA G E N C Y1701 N o r t hCongressAv e .* Aus t in ,Texas 78701-1494 * 512,'463-l>7?4 * FA X :512/463-9838* hup: / /www. tea . s i a te . tx .us

    R o b e r tScottC o m m i s s i o n e r

    IMPORTANTMONITORING

    INFORMATION

    101-9092006-2007

    November 1,2007

    Mr. William Jones, Interim SuperintendentNorth Forest Independent School District6010 Little YorkHouston, Texas 77016

    Dear Mr. Jones:

    On March 26, 2007, the Texas Education Agency (TEA or Agency) sent a letter to theNorth Forest Independent School District (ISO) to update the district regarding theinformation that the board president, former superintendent, campus principal, andexternal campus intervention team representative presented to the Commissioner ofEducation and TEA staff at a hearing conducted in accordance with Texas EducationCode (TEC) 39.132(6) on February 23, 2007. The purpose of the hearing was toprovide district and campus leaders an opportunity to explain the academicallyunacceptable performance, lack of improvement, and plans for academic improvementat the Oak Village Middle School (101-909-043) campus within the North Forest ISO,which had been identified as academically unacceptable (AU) for three consecutiverating years.

    A t the hearing, the North Forest ISO was notified that a contingency plan for the possibleclosure of the Oak Village Middle School campus was required to be developed,approved by the North Forest ISO board of trustees, and submitted to the TEA no laterthan June 15, 2007. The contingency plan was required to address both a possible2007-2008 and 2008-2009 effective date for closure of the campus, pending the resultsof 2007 and 2008 campus accountabilityratings. On June 20, 2007, the TEA received acontingency plan from the North Forest ISO addressing the possible 2007-2008 closureof the Oak Village Middle School campus. The 2007 state academic accountabilityrating for this campus was issued on August 1, 2007, and the campus again was ratedAU.

    On August 15 , 2007, a letter was sent to notify the North Forest ISO that the TEAwouldnot order closure of the Oak Village Middle School campus for the 2007-2008 schoolyear. The agency also requested that the district update the contingency plan related tocampus closure and resubmit it to the TEA no later than October 1, 2007, to address thecampus boundary revisions and student campus assignments that would beimplemented by the district should the campus be ordered closed in 2008-2009.

  • 8/6/2019 TEA Closure Letter to North Forest

    12/22

    Mr. William Jones, Interim SuperintendentNorth Forest ISOPage 2

    In addition to reviewing the status of the Oak Village Middle School in the 2007 state

    academic accountability rating system, the TEA has reviewed the 2007 academicaccountabilityratings for the other campuses within the North Forest ISO and has takeninto account other information gathered to date, including the closure contingency plans,monthly campus intervention learn ^CtT)reports, and reports from the fiscal conservatorappointed to the district, in order to update certain sanction and interventionrecommendations for thedistrict and its campuses. As you areaware, as of the ratingsissued on August 1, 2007, in addition to the Oak Village Middle School that has beenrated A U forfour consecutive school years, the North Forest ISO has four campuses thathave been rated AU for twoconsecutive school years. In the August 15 , 2007, letterfrom the TEA, the district was notified that, under the authority granted underTE C 39.1331, the district must acquire professional services specifically targeted to anyand ail subject areas of low performance identified for the Oak Village Middle School andother district campuses identified as AU as a result of 2007 campus accountabilityratings. Additionally, I personally made an on-site visit to the Oak Village Middle Schoolon September 24, 2007, to review the progress being made by the campus and discussin more detail the sanctions which will be required should campus performance not beacceptable when 2008 state academic accountability ratings are issued.

    A s stated previously, the agency expects drastic improvement in the performance ofcampuses serving the students of the North Forest )SD. Therefore, under the authoritygranted by TEC 39.1324(c), the TEA also has determined that a conservator will beassigned to the district to ensure and oversee the continued implementation of schoolimprovement and/or reconstitution plans for the multi-year AU campuses within theNorth Forest ISO. The conservator also will work with any district personnel assigned toserve in a central office coordination role for under-performing campuses. Additionally,under the authority granted by TEC 39.071 and 39.131,1 will expand the charge of theconservator to include oversight of LEA-required actions as reflected in anOctober 30, 2007, Performance-Based Monitoring (PBM) report related to complianceand program effectiveness concerns for the special education program area. I amassigning Ms, Barbara Wilson to the North Forest ISO as the TEA conservator to directthe actions of the district for matters related to academic improvement and programcompliance and effectiveness. Ms. Wilson has served most recently as thesuperintendent of the Hitchcock ISO and previously has served as a curriculum directorand principal.

    A s a TEAconservator, Ms, Wilson's role will include, bu t will not be limited to: Taking a lead in analyzing local education agency (LEA) data; Identifying causal factors for low performance on the TAKS;

    Working with the LEA toincorporate findings an d develop an improvementplan that is reasonably calculated to improve student performance on theTAKS;

    Overseeing implementation of improvement planning activities, including theacquisition of related professional services and correction of noncomplianceand program effectiveness concerns in the special education program areaas reflected in the PBMsystem;

    Periodically reporting to the TEA on progress; Recommending additional actions that the TEA mayneed to take; and Directing an action to be taken by or approve or disapprove any action of a

    principal, the superintendent of the LEA, or the LEA board as necessary toachieve her charges.

  • 8/6/2019 TEA Closure Letter to North Forest

    13/22

    Mr. William Jones, Interim SuperintendentNorth Forest ISOPage 3

    Additionally, I am requiring the acquisition of professional services under the provisions

    of TEC 39.1331 for the purpose of monitoring assessment administration on the OakVillage Middle School campus, and Ms. Wilson will be responsible for makingdeterminations regarding the selection and acquisition of these services for the district.Furthermore, it is recommended that the district secure professional services to monitorassessment administration at other district campuses, particularly those that have beenrated A U for twoconsecutive years.

    A conservator appointed by the commissioner to oversee fiscal matters of the district,Mr. Henry Boening, is in place at the North Forest ISO. Mr. Boening and Ms. Wilson will,together, serve as a management team to direct the operations of the district in areas ofunacceptable performance, in accordance with TEC 39.131 (a)(8).

    Agency staff will be present at the next meeting of the board of trustees to introduceMs. Wilson to the members of the board and the administrators. The cost of theconservator's services will be paid by the district, in accordance with TEC 39.134. Thefee shall not exceed $60 per hour (not to exceed $480 per day) plus necessary travelexpenses not to exceed the state per diem rate. Failure to make timely payments to theconservator may result in appropriate amounts being deducted from the district'sFoundation School Program funds.

    The conservators will keep me apprised of the conditions in the LEA and of the level ofcontinued cooperation shown by the administration and faculty. It is my sincere desirethat all parties work together with the conservators in a cooperative and productivemanner to address the deficiencies in student performance, program effectiveness, andfiscal matters. Any questions you may have regarding the assignment of Ms. Wilsonmay be addressed to Ted Kerr in the Division of Program Monitoring and Interventions at(512)463-9414.

    Sincerely,

    Robert ScottCommissioner of Education

    RS:LT:aa

    cc: Barbara Gaston, President, North Forest ISO Board of TrusteesCharles Russell, Principal, Oak Village Middle School, North Forest ISOBill McKinney, Executive Director, Region 4 Education Service CenterLizzette Reynolds, Deputy Commissioner, Statewide Policy and Programs, TEASusan Barnes, Associate Commissioner, Standards and Programs, TEAGene Lenz, Deputy Associate Commissioner for Special Programs, Monitoring,

    and Interventions, TEALaura Taylor, Senior Director, Program Monitoring and Interventions, TEADavid Anderson, Chief Counsel, TEA

  • 8/6/2019 TEA Closure Letter to North Forest

    14/22

    T E X A S E D U C AT I O NA G E N C Y1701 North Congress Avc.* Austin. T C X I L S7S701-U94 * 512/463-9734* FAX: 51 2/463-9838 * http://www.tei.siaie.lx.us

    Robert ScottC o m m i s s i o n e r

    2007-2008101-909

    July 31, 2008CERTIFIED MAIL

    Members of the Board of TrusteesMr. William Jones, Interim SuperintendentNorth Forest Independent School DistrictP.O. Bo x 23278Houston. Texas 77228-3278

    Dear Members of the Board and Mr. Jones:

    The purpose of this letter is to notify the North Forest Independent School District (ISO) of anincrease to the sanction and intervention levels currently imposed by the Texas EducationAgency (TEA or agency) on the district. The district's extensive history of deficiencies, its recentsignificant problems, and its current failure to consistently work cooperatively with the assignedmanagement team compel me to once again exercise my responsibility for safeguarding theeducational environment provided for the district 's students.

    Problems in the North Forest ISO have been addressed by the TEA dating back many years.Financial, data reporting, and programmatic compliance concerns have plagued the districtsince the mid-1990s when the district's external auditor identified financial deficiencies and a

    failure to report accurate data caused the lowering of the district's academic accountabilityratings in the 1999 and 2000 rating years. Additionally, the district has repeatedly failed toproduce adequate documentation to validate proper coding of fiscal and student data and properexpenditure of funds.

    In the intervening years, progress has been sporadic and regression has been frequentThe most recent interventions by the agency have consisted of the assignment of a lowered2007-2008 accreditation status as referenced in a June 13 , 2008, TE A letter. The status ofAccredited-Probation was assigned following a special accreditation investigation conducted bythe agency, which identified material, systemic, and pervasive weaknesses in the district'sfinancial, accounting, and data reporting systems and in its systems of complying with federal andstate program requirements, reflecting a lack of proper internal controls to ensure the efficient andeffective operation of the district. These deficiencies remained even after the assignment of a

    management team to the district. A s you areaware, a financial conservator was placed in thedistrict in March 2007, and an academic conservator was added in November 2007 to form amanagement team Despite the diligent work of Mr. Henry Boening and Ms. Barbara Wilson,critical areas of deficiency remain.

    Deficientconditions in the district continue to center around three major areas: finance,compliance with federal and state statutory and regulatory requirements, and efficient and effectivedistrict management. According to reports submitted by the management team and data compiledby TE Astaff, current cash flowconcerns will result in an approximately $11.8 million defioit in thedistrict's operating fund at the close of the 2008 fiscal year (August 31, 2008). The district will notbe able to sustain itself financially at its current taxing structure. The district's precarious financialcondition has resulted in an inability of the district to meet payroll with appropriate sources of funds

  • 8/6/2019 TEA Closure Letter to North Forest

    15/22

    Members of the Board ofTrusteesMr. William Jones, Interim SuperintendentNorth Forest Independent School DistrictPage 2 of 3

    and to secure short-term bridge loans, which have been denied by several banks, including thedistrict'sdepository bank. Additionally, the district's bond rating has been downgraded because ofthe district's ongoing financial problems and recent declarations of financial exigency. Thedistrict's ongoing inability to manage its finances also is reflected in its inability to reconcile thedistrict'scurrent bank statements.

    Clear problems with federal and state compliance have existed and remain in the district. Th eagency's recent review of the district's special education program, as requested by the UnitedStates Department of Education, Office of Inspector General, has resulted in preliminary findingsof substantial noncompliance with procurement laws which are likely to result in a substantialquestioned cost. These problems are in addition to issues of noncompliance identified by a TE Amonitoringteam in a report issued in October 2007, which continue to be addressed by theacademic conservator. Additionally, a review of the federal No Child Left Behind program byTEA monitors and auditors disclosed a failure of the district to implement program requirements,resulting in substantial questioned costs to be detailed in an upcoming TE Areport.

    School governance is unstable in the North Forest tSD and has been so for quite some time.A ccording tomembers of the management team, quality effective board leadership is notevident. The board of trustees has taken little independent initiative to find solutions to thecritical ongoing financial solvency concerns and instructional needs of the district, and trusteeson several occasions have failed to support recommendations from the interim superintendent,the conservator, and TEA staff. This failure is reflected in the board's decision to release thedistrict's former superintendent with a $233,000 buyout of his contract and in the subsequentmultiple attempts of the board to rehire the same superintendent. To make decisions critical tothe welfare of the district, the conservator also has had to overrule the board of trustees onseveral occasions. This ongoing failure of leadership and direction has resulted in significantand pervasive operating deficiencies within the district and an inability of the district to sustainprogress and retain quality staff over time.

    Under the authority of Texas Education Code (TEC) 39.131{a)(9), and pursuant to therequirements of 19 Texas Administrative Code (TAG) 97.1Q73(e), I will assign a board ofmanagers to the North Forest ISO. I am requesting preclearance from the Department ofJustice to allow the temporary appointment by the TEA ofthis board of managers. According tostate statute, the board of managers will exercise the powers and duties of the district's board oftrustees. Pursuant to TEC 7.055(b)(32) and 39.136, the powers of the existing board andinterim superintendent will be suspended when the board of managers and a TEA-assignedsuperintendent are introduced to the district at a meeting of the board of trustees in the nearfuture, TEC 39,134 stipulates the provisions for paying specific members of the board ofmanagers and the superintendent. Those will be detailed in the upcoming correspondence thatnames the individuals to be assigned.

    In accordance with 19 TA G97.1037(a}(3), the district may request a record review related tothe assignment of board of managers under TE C 39.131 and 39.136. A request for recordreview related to this assignment must be received by the TEA no later than August 14, 2008,and may be addressed as follows.

    Dr. Adrain JohnsonAssociate Commissioner for AccreditationTexas Education Agency1701 North Congress AvenueAustin,Texas 78701Fax: (512)463-3136

  • 8/6/2019 TEA Closure Letter to North Forest

    16/22

    Members of the Board of TrusteesMr. William Jones, Interim Su perintendentNorth F orest Independent School DistrictPage 3 of 3

    A dditional information regarding the record review process can be referenced at 19 TAG97. 1 037 at the Texas Administrative CodeCurrently in E ffect link available athttp://www.tea.state.tx.us/rules/tac/index.html.

    My concern for the long-term educationof the students served by the North ForestIS O compelsrne to take this action. As iscustomary withstate intervention,the board of managers andsuperintendent will report to m e on a regular basis concerning the progress of thedistrict. A nydecisions regarding modificationof the intervention assigned willbe based heavily on theconten t of those regular rep orts. A ny questions concerning the state intervention describedherein can be address to Dr. Johnson at (512) 463-5899.

    Sincerely,

    Robert ScottCommissioner of Education

    RS/aw

    Enclosure

    cc: The Honorable Congresswoman Sheila Jackson Lee, U.S. House of RepresentativesThe Honorable Mario Gallegos,State SenatorThe Honorable Rodney E llis, State SenatorThe Honorable John Whitmire, State SenatorThe Honorable Senfronia Thompson, State Representative

    Bill McKinney, E xec utive Director, Region4 Education Service CenterRay Glynn, Deputy Comm issionerfor School District Leadershipand E ducator Q uality,TE AA drain Johnson, A ssociate Commissionerfor Accreditation,TE ALaura Taylor, Deputy A sso ciate Com missioner, Program Monitoring and Interventions, T E AGaye Lang, Senior Director, Campus Turnaround,TE ARita Chase, Senior Director, Financial Audits,TE ARon Rowell, Senior Director, Governance and General Inquiries, TEADavidAnderson, General Counsel, TEAJeff Armstrong, Senior Counsel, TEASandy Lowe, S enior Counsel,TE AJim Thompson, Senior Counsel, TEA

    M.J. Nicchio, Governmental Relations,TE ABarbara Wilson, Management Team MemberHenry Boening, Management Team Member

  • 8/6/2019 TEA Closure Letter to North Forest

    17/22

    T E X A S E D U C AT I O NA G E N C Y1701 North Congress Ave.* Aust in .T C X U . S78701-14*)4* .SC/-tf tV)734* h\X: 5I2/4A1-JH1* hllp-//wwwii:a.M:in:.tvi,>

    R o b e r tScottCommiss ione r

    CERTIFIED MAIL & FAX

    December 16, 2008101-909-003

    2008-2009

    Mr. George McShan, President, Board of ManagersDr. Adrain Johnson, Superintendent

    North Forest Independent School DistrictP.O. Box 23278Houston, Texas 77228-3278

    Dear Mr. McShan and Dr. Johnson:

    This letter is to notify you that, pursuant to 39.132(6} of the Texas Education Code (TEC),the commissioner of education is ordering a hearing to be held at the Texas Education Agency(TEA) to discuss the performance of the North Forest High School {101-909-003}.On August 29, 2008 you received a letter from the TEA stating that the Smiley High School(101-909-002) and the Forest Brook High School (101-909-003) in the North ForestIndependent School District (ISO) were both rated as Academically Unacceptable (AU) for threeconsecutive rating cycles. For 2008-2009, these two campuses have been merged into one

    campus, the North Forest High School.

    This action is being taken as a result of these campuses having been rated AU for threeconsecutive rating cycles. These ratings were based on an analysis of the performance of thecampuses on the state academic excellence indicators and the specific criteria outlined in theaccountability manuals for the relevant years.

    TEC 39.132(6) reads, in pertinent part;

    If a campus performance is below any standard under Section 39.073(b),...thecommissioner shall,...to the extent the commissioner determines necessary,order a hearing to be held before the commissioner or the commissioner'sdesignee at which the president of the board of trustees, the superintendent, an d

    the campus principal shall appear and explain the campus's low performance,lack of improvement, an d plans for improvement.

    Therefore, the noted representatives of the North Forest ISO, the president of the North ForestIS O Board of Trustees, and the designated contact for the campus intervention team arerequested to attend a TEC 39.132(6) hearing called in alignment with the statutory languagereferenced above. Th e purpose of the hearing will be for the North Forest ISO to explain to thecommissioner of education or his designee and TEA staff the issues surrounding the campus'songoing low performance and the plan the district has for improving the performance of studentsattending the campus.

  • 8/6/2019 TEA Closure Letter to North Forest

    18/22

    Mr.George WcShan, President, Board of ManagersDr. AdrainJohnson, SuperintendentNorth Forest ISOPage 2

    Please bring with you to the hearing any materials or documentation relevant to the discussion.If additional district personnel will attend, please provide to me their names and position with thedistrict.

    The hearing is scheduled to take place as follows:

    Location: William Q. Travis Building1701 North Congress AvenueAustin, Texas 787012nd Floor, Room 2-195

    Time: 1:00 p,m. to 3:00 p.m. (tentative agenda attached)

    Date; Thursday, January 8, 2009

    If you have additional questions regarding the requirements contained in this letter, you maycontact Ted Kerr in the Division of Program Monitoring and Interventions at (512) 463-5226.

    The TEA will use the information resulting from the hearing to determine whether additional TEAinterventions or sanctions will be necessary.

    We appreciate your cooperation with the activities described in this correspondence. As youare aware, our focus must be on the academic strength of the children who attend this campus,and this very important consideration compels the commissioner to take this action.

    Sincerely,

    Laura TaylorAssociate Commissioner (Acting)Department ofAccreditation

    LT:jt

    cc: Bill McKinney, Executive Director, Region 4 Education Service CenterCharles Russell, Principal, North Forest High School, North Forest ISDRay Glynn, Deputy Commissioner for School District Leadership and Educator Quality, TEADavid Anderson, General Counsel, TEATed Kerr, Manager, Program Monitoring and interventions, TEAJacqueline Blanton, Campus Intervention Team Contact

  • 8/6/2019 TEA Closure Letter to North Forest

    19/22

    Mr George McShan, Presiden t,Board of ManagersDr. AdrainJohnson,SuperintendentNorth Forest ISOPage 3

    Agenda for a Hearing Before the Commissioner of Education or DesigneeJanuary 8, 2009

    1:00 p.m.-3:00 p.m.

    Opening RemarksLaura Taylor, Associate Commissioner of Accreditation (Acting)Dr. Adrain Johnson, Superintendent, North Forest ISO

    Presentation Regarding Campus Performance and Implementation of the SchoolImprovement and Reconstitution Plan for the North Forest High School (1 Hour)

    North Forest ISO Personnel

    Questions and Discussion

    IV. Closing Remarks

    Laura Taylor, Associate Commissioner of Accreditation (Acting)

  • 8/6/2019 TEA Closure Letter to North Forest

    20/22

    7 A17O1 North Congress Ave. * Austin, Texas 78701-1494 512463-9734 512 463-9838 FAX www.tea.state.tx.us

    IMPORTANTACCREDITATIONINFORMATION -

    ACTIONREQUIRED

    CERTIFIEDMAIL101-909

    2010-2011

    May 4,2011Ms. Edna Forte, A ctingSuperintendentNorth Forest Independent School District6010 Little YorkHouston, Texas 77016

    Dear Ms. F orte:

    In a Texas E ducation Agency (TE Aor agency) letter dated March1, 2011, North Forest IndependentSchool District (ISO)was Informed thatTEA hadassigned accreditation statuses to school districts forthe 2010-2011 yearunder the authority of Texas Education Code (TEC) 39.051and 39.052 and19 Texas Administrative Code (TAC) 97.1055, and that, under therequirements of statute and rule,North

    Forest ISO hadbeen

    assigned an accred itation status ofAccredited-Probation

    due to theratings assigned to the district in the s tate's academic and financial accountability rating system s andspecial accreditation investigation findings that remain of concern. Specifically, North F orestISO wasassigned a 2009 and 2010 academic accountability rating ofAcademically Unacceptable, a 2008financial accountability ratingof Substandard Achievement,a 2009 financial accountability ratingofSuspended-Data Quality, and a 2010 financial accou ntability ratingof Substandard Achievement.North Forest ISO was assigned an A ccredited-Probation status for 2007-2008 and 2008-2009 due tofindings related to a series of special accreditation investigations conductedin the district and wasassigned a 2009-2010 accreditation status of Accredited-Warned based on its academic andfinancialperformance. The district continues to exhibit many of the samefinancial, academic, special program,and data quality problems tha tled to these lowered statuses.

    The March 1, 2011, TE Aletter notified NorthForest ISO that superintendents of districts assigned a

    status of A ccredited-Probation could requesta record review relatedto the assignment of that status.Th e letter further s tated thata request for record review relatedto the assignment of the 2010-2011accreditationstatus was required to be receivedby TEA nolater than March 18, 2011. Incorrespondence dated March 10, 2011, and hand-deliveredto the agency on March 11, 2011, arecord review was requested related to the assignmentof an Accredited-Probationstatus to NorthForest ISO. In TE Acorrespondence dated March 17, 2011, North ForestISO was notifiedof thescheduled record review, and the record review was conducted on A pril 1, 2011, in theWilliam B.Travis Building, Austin, Texas. The purpose of this letter is to provide the distric t with officialnotificationof tha final order resulting fromthe record review and the district's assigned 2010-2011accreditation status.

  • 8/6/2019 TEA Closure Letter to North Forest

    21/22

    Ms. E dna F orte, Acting SuperintendentNorth Forest Independent School D istnctPage 2

    The A ssociate Commissioner for A ccreditation was m ydesignee for conducting the record review.The record review offered an opportunityfor North ForestISO to provide oraland written nformation

    on the initial assignment of an Accredited-Probation status to the district. It was noted that the Texasacademic and financial accountability system ratings, as relied upon by the agency in making theinitial status determination, werefinal because all appeals to the ratings provided by law had beenexhausted.

    During the record review, you and other representatives of NorthForest ISO provided informationregarding the district's financial sta tus and fiscal and operational strategies. A dditionally, informationfrom a draft of the district's 2009-2010 A nnual F inancial and Compliance Report(audit report) wasshared, and the district's independent auditor discussedgeneral fund operations trends, highlights ofthe district's 2008-2009audit report, and proposed timelines for cer tain actions to be taken by thedistrict to address ongoing financial concerns. F urthermore,the district presented updates regardingefforts and initiatives undertaken to address continuing academic concerns at the district level and atNorth Forest High School, whichhas been rated Academically Unacceptable at the campus level for

    five consecutive ratings cycles.While the draft 2009-2010 audit report presented during the record review notedcertainimprovements in the district's financial standingand provided an unqualified opinion relatedto thestatus of compliance with major programs, it continued to report a deficit fund balance in the generalfund. Furthermore,the auditor issued a qualified opinionon the financial statementsand notedmaterial weaknesses in internal control overfinancial reporting. ExhibitD-3 of the draft audit reportnoted that the district continues to review the situationsurrounding its use of $13.3 million in bondproceeds to meet payroll and othergeneral expenditures beginning with the 2005-2006 school year.Since the time of the record review, the district's final 2009-2010 audit reporthas been submitted tothe agency. The final report, whichwas received on April15, 2011, continues to reflect the findingsreferenced above. It should be noted that, given the materially late submission of this audit report,and due to other Issues reflected in the report, it is anticipated tha t thedistrict will earn a 2011financial accountability ratingof Substandard Achievement.

    In regard to its academic programs, the district submitted information for the record comprised ofA cademic E xcellence Indicator Sy stem (AE IS) dataand Adequate Yearly Progress (A YP) reports.Inaddition to updates on secondary school instructional delivery options within the district, informationrelated to the North ForestHigh School's Texas Title I Priority Schools (TTIPS) grantalso waspresented. The high school principal provided an update on improvement e fforts underway at thecampus. The district acknowledged its ongoing concerns about graduation and completion rates andnoted that the accuracy of related student records continues to be an issue.

    The TEA hascompleted its review of the oral and written information presentedby representativesofNorth ForestISOduring the record reviewand has determined that, giventhe issues presented and thedistrict's ongoing and serious financial, academic, program matic, and data quality concerns, the districtwill be assigned a 2010-2011 accreditationstatus of Accredited-Probation. A s noted in 19 TA G97.1037(f), this final orderis not subject to another record reviewand is not subject to appeal under 19TA GChapter 157, Hearingsand A ppeals. S ubchapterE E ,Reviewbv State OfficeofAdministrativeHearings: Certain Accreditation Sanctions.

    A s referenced n the March 1, 2011, TE A letter to the district, districtsthat are assigned a status ofAccredited-Probation must take specific a ctionsto notifythe parents of studen ts enrolled in thedistrictand property ownersin the district. The requirements for public notificationare specifiedin19 TA G 97.1055(f),and a template that reflectsthe TE A -required formatand language for the publicnotice is posted to the TE Awebsite at http://www.tea.state.tx.us/accredstatus. In accordance with

  • 8/6/2019 TEA Closure Letter to North Forest

    22/22

    Ms. Edna Forte,ActingSuperintendentNorth Forest Independent School DistrictPage 3

    19 TAG 97.1055(f){3). North Forest ISO is required to complete the notification requirements underspecified timelines as calculated from the May 4, 2011, date of accreditation status assignment. Thedistrict also is required to send certain notification documentation to the TEA according to therequirements of 19 TAG 97.1055(f)(4). On April 25, 2011, the agency received certaindocumentation from the district related to steps already taken by North Forest ISO to complete therequired public notification. Those documents currently are under review by TEA, and additionalcommunication from the agency related to that review is forthcoming. Districts with an accreditationstatus below Accredited may be subject to additional accreditation sanctions as referenced in 19 TAGChapter 97, Planning and Accountability. Subchapler EE.

    Additional information regarding the assignment of accreditation statuses to school districts may beviewed on the Texas Administrative Code link available at http://ritter.tea.state.b(.us/rvjle /tac/index.htmlor at the Accreditation Status homepage of the TEA website at httD://www,tea.state.b(.u is/accredstatus/.

    We appreciate your ongoing assistance with the implementation of accreditation requirements. If,

    after reviewing the TEA website, you have questions regarding the assignment of accreditationstatuses to school districts or required public notification, please contact your regional educationservice center or the Division of Program Monitoring and Interventions at (512) 463-5226 orpmidivision(5Hea.state.tx.us.

    [ncerely,

    Robert ScottCommissioner of Education

    RS/jt

    cc: Bill McKinney, Executive Director, Region 4 Education Service CenterDavid Anderson, General Counsel, TEALaura Taylor, Associate Commissioner for Accreditation, TEAKaren Batchelor, Deputy Associate Commissioner, Program Monitoring and Interventions, TEARon Rowell, Director, Governance and General Inquiries, TEARita Chase, Director, Financial Audits, TEATed Kerr, Manager, Program Monitoring and Interventions, TEAJudy Struve, Manager, Program Monitoring and Interventions, TEAKay Karr, Conservator