Draft SSAISD Agreed Order From TEA

CASE NOS.
INV2021-05-163, INV2021-08-094, IR2023-10-008, and IR2023-02-002
IN RE: § BEFORE THE TEXAS EDUCATION AGENCY

§
§
SOUTH SAN ANTONIO §
INDEPENDENT SCHOOL § COMMISSIONER OF EDUCATION
DISTRICT §
§
§
CDN # 015-908 § STATE OF TEXAS
AGREED ORDER
This Agreed Order is entered into as of September ___, 2023 (the “Effective Date”), by
and among South San Antonio Independent School District (the “LEA” or “Local Educational
Agency” or “South San Antonio ISD”) and Texas Education Agency (“TEA” or the “Agency”). The
LEA and TEA are sometimes referred to collectively herein as the “Parties,” and each, at times, as
applicable, a “Party.”
RECITALS:
WHEREAS, South San Antonio ISD is presently the subject of multiple investigations by
the Texas Education Agency (“TEA”) Special Investigation Unit (the “Special Investigation Unit”
or “SIU”)1;
WHEREAS, related to the ongoing investigations, TEA previously issued three separate
preliminary reports to South San Antonio ISD containing TEA’s investigation findings and
conclusions, to which the LEA provided written responses in accordance with Tex. Educ. Code §
39.004(f).
1
Case Nos. INV2021-05-163, INV2021-08-094, IR2023-10-008, and IR2023-02-002
1
Agreed Order Audit Working Papers Tex. Gov’t Code §552.116
South San Antonio ISD INV2021-05-163, INV2021-08-094, IR2023-10-008, and IR2023-02-002
WHEREAS, South San Antonio ISD is currently subject to the oversight of a TEA-
appointed monitor, Dr. Abelardo Saavedra, as a result of a separate TEA special investigation that
resulted in an intervention recommendation and subsequent monitor appointment in November
2021;
WHEREAS, Dr. Saavedra’s monitoring reports to TEA describe consistent board
governance deficiencies and shortcomings;
WHEREAS, multiple South San Antonio ISD trustees and the LEA’s superintendent
participated in witness interviews during the TEA investigation wherein they acknowledged board
governance deficiencies and shortcomings and the benefits of an escalated TEA intervention;
WHEREAS, TEA has prepared a Final Investigation Report (the “Final Report”) in
accordance with Tex. Educ. Code § 39.004 that contains TEA’s findings and conclusions from the
currently pending investigations and recommends the appointment of a Board of Managers to
exercise the powers and duties of the board of trustees in South San Antonio ISD arising from the
egregious nature of the board’s conduct;
WHEREAS, the Parties wish to resolve the matter without further delay and enter into this
agreement with the intention that South San Antonio ISD expeditiously (a) remedies
noncompliance and subsequently maintains compliance with all state and federal law, (b) corrects
board misconduct, including but not limited to instances of misconduct identified in the Final
Report, and (c) improves the school board’s governance of the LEA to reflect best governance
practices;
NOW, THEREFORE, in consideration of the recitals, agreements, and representations,
made herein, the receipt and sufficiency of which are hereby acknowledged, the Parties stipulate,
covenant, and agree as follows:
2
THE AGREEMENT:
1. Incorporation.
1.1 The recitals set forth above are incorporated herein and made a part of this Agreed
Order. The Parties agree that the recitals are materially true and correct.
2. Execution of Agreed Order.
2.1 The Parties agree to execute this Agreed Order on or before October 2, 2023.
3. The Agreed Terms.
3.1 The LEA agrees to the placement of a TEA-appointed conservator (the
“Conservator”) with full powers as described by Tex. Educ. Code § 39A.002(7) and § 39A.003.
The LEA additionally agrees to comply with all directives issued by the Conservator. The LEA
waives any and all rights to a hearing before the State Office of Administrative Hearings (SOAH)
or action in a state or federal court related to (a) the appointment of the Conservator arising under
this agreement, (b) the Final Report, and (c) any sanctions, interventions, or corrective actions
derived from the Final Report. The LEA further agrees that removal of the Conservator is within
the sole discretion of the Commissioner of Education.
3.2 The Parties agree that TEA will publicly release its Final Report, which will
recommend placement of a board of managers, but that enforcement of the recommended
intervention will be stayed for a period of one year. The parties agree that the findings set forth in
the Final Report constitute sufficient evidence to sustain the conclusion that, by a preponderance
of the evidence, the South San Antonio ISD Board of Trustees violated the provisions of the Texas
Education Code identified in the Final Report thus warranting the placement of a board of
managers. The LEA agrees that it will not publicly dispute the findings or conclusions of the Final
Report.
3
3.3 South San Antonio ISD agrees that the Commissioner of Education may appoint a
board of managers to exercise the powers and duties of the board of trustees of the LEA if
determined appropriate in the Commissioner of Education’s sole discretion after a period of one
year from the Effective Date of this Agreed Order. The LEA waives any and all rights to a hearing
before the State Office of Administrative Hearings (SOAH) or action in a state or federal court
regarding the appointment of a board of managers arising under this section. No additional
investigation or due process requirements will be required preceding the Commissioner of
Education’s decision to appoint a board of managers under this section, no matter of whether set
forth in the Texas Education Code or other relevant law.
3.4 In addition to the discretion granted to the Commissioner of Education in paragraph
3.3 above, the LEA also agrees that the Commissioner of Education may appoint a board of
managers to exercise the powers and duties of the board of trustees of the district if determined
appropriate in his sole discretion due to the placement of a conservator in the district for a period
of twelve consecutive months. The LEA waives any right to a hearing before the State Office of
Administrative Hearings (SOAH) or action in a state or federal court regarding the appointment of
a board of managers arising under this section.
3.5 The Parties agree and stipulate that, upon the appointment the Conservator, the
Agency shall have fulfilled all requirements under the Texas Education Code, Texas
Administrative Code, and any other relevant law or rule, as it relates to the appointment of the
Conservator.
3.6 The Parties agree that attorneys’ fees, costs, and expenses that have been incurred
will be paid by the Party incurring the same.
[SIGNATURE PAGE FOLLOWS]
4
WE, HENRY YZAGUIRRE, SUPERINTENDENT AND MANUEL LOPEZ, BOARD
PRESIDENT, HAVE READ AND UNDERSTAND THE FOREGOING. WE UNDERSTAND
THAT BY SIGNING THIS STIPULATED AGREEMENT, THE LEA WAIVES CERTAIN
RIGHTS. WE SIGN IT VOLUNTARILY, WILLINGLY, AND KNOWINGLY ON BEHALF OF
SOUTH SAN ANTONIO INDEPENDENT SCHOOL DISTRICT. WE UNDERSTAND THERE
IS NO OTHER AGREEMENT OF ANY KIND, VERBAL, WRITTEN OR OTHERWISE.
SIGNED this __________day of _________________, 2023
___________________________
Henry Yzaguirre
Superintendent of South San Antonio ISD
SIGNED this __________day of _________________, 2023
___________________________
Manuel Lopez
Board President of South San Antonio ISD
ORDERED this __________day of _________________, 2023
_____________________________
Mike Morath
In his official capacity of Commissioner of
Education and as legal representative of the
Texas Education Agency
5

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CASE NOS.

INV2021-05-163, INV2021-08-094, IR2023-10-008, and IR2023-02-002

IN RE: § BEFORE THE TEXAS EDUCATION AGENCY

resulted in an intervention recommendation and subsequent monitor appointment in November

WHEREAS, Dr. Saavedra’s monitoring reports to TEA describe consistent board

governance deficiencies and shortcomings;

currently pending investigations and recommends the appointment of a Board of Managers to

egregious nature of the board’s conduct;

NOW, THEREFORE, in consideration of the recitals, agreements, and representations,

covenant, and agree as follows:

2. Execution of Agreed Order.

3. The Agreed Terms.

3.1 The LEA agrees to the placement of a TEA-appointed conservator (the

the sole discretion of the Commissioner of Education.

recommend placement of a board of managers, but that enforcement of the recommended

investigation or due process requirements will be required preceding the Commissioner of

forth in the Texas Education Code or other relevant law.

3.4 In addition to the discretion granted to the Commissioner of Education in paragraph

a board of managers arising under this section.

will be paid by the Party incurring the same.

[SIGNATURE PAGE FOLLOWS]

SIGNED this __________day of _________________, 2023

SIGNED this __________day of _________________, 2023

ORDERED this __________day of _________________, 2023

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SIGNED this day of _______, 2023

SIGNED this day of _______, 2023

ORDERED this day of _______, 2023