Concerned parents of Language Development Center dissatisfied with Eagle Pass Independent School District handling of mold contamination issues
By: Jose G. Landa
Copyright 2013 Eagle Pass Business Journal, Inc.
Over 50 parents of the Eagle Pass Independent School District’s Language Development Center students attended the EPISD School Board regular meeting held on Tuesday, October 8, 2013, at the EPISD District Service Center Board Meeting Room in Eagle Pass, Texas expecting to receive answers to their many questions regarding the finding of mold contamination at the local kindergarten campus and the possible health effects of the mold on their 4, 5, or 6 year old children attending the mold contaminated campus, but instead received very little information and answers from the EPISD School Board, Administration, and General Counsel at the meeting.
During the Citizens Communication part of the agenda, concerned Language Development Center parent Victor Rodriguez addressed the EPISD School Board eloquently stating: “Good Afternoon School Board Members, we come to you today to voice our concerns regarding the Mold issue at the Language Development Center, the handling of the health and safety issues at LDC and Austin Elementary by school teachers, administrators, and most importantly by Mr. Gilberto Gonzalez.” Rodriguez stated “In regards to the mold issue at LDC, we have the following questions for you to clarify: 1) Why did school officials fail to be proactive and properly repair LDC after the flooding this summer?; 2) When was mold first noticed at LDC?; 3) The type of mold that is present at LDC?; 4) Why did school administrators failed to inform parents of the existence of mold in a timely manner?; 5) Did teachers ever approach parents or school officials with their concerns regarding mold?; 6) Why were individuals allowed to “sanitize” with Lysol school supplies, equipment, and materials potentially contaminated with Mold as per Mr. Samuel Mijares?; 7) Were there properly trained or qualified individuals in mold remediation techniques present when sanitizing items?; 8) Was there the appropriate personal protective equipment available?; 9) Why were children in school when teachers were packing items to be transferred to Austin Elementary?; 10) Why were potentially contaminated materials transferred from LDC to Austin Elementary and have those items been tested for mold?; 11) Were there mold remediation professionals present at the time of transfer?”
Rodriguez further stated to the EPISD School Board that “In answering these questions, 1) I ask that you look into and hold those individuals accountable for their actions in jeopardizing our children’s safety and most importantly health; 2) That you provide information and the risks associated with mold exposure to parents; 3) The timeline for mold remediation at LDC; 4) That you provide a safe and healthy learning environment for our children; 5) That you ensure that teachers will voice their concerns when students’ safety and health is at stake.”
Rodriguez also told the EPISD School Board that “In regards to Austin Elementary: 1) Why were children allowed to attend Austin Elementary on Monday, September 30th, when it was apparent that the campus was not safe for children to attend? and 2) Again, why did teachers and administrators fail to voice their concerns in regards to safety?”
Rodriguez added that “Again, I ask that you provide: 1) A list of potentially contaminated materials transferred from LDC to Austin Elementary to ensure that mold remediation professionals can properly decontaminate said materials appropriately; and 2) A detailed list of the repairs done at Austin Elementary in an effort to quash the rumors that range from asbestos to safety issues concerning the campus since it is apparent that school officials have failed to address our concerns.”
Rodriguez also told the EPISD Board that “In regards to Mr. Gilberto Gonzalez, Superintendent, 1) It is apparent Mr. Gonzalez and his subordinates have failed to answer our questions at two previous meetings or provide us with conclusive information in regards to the safety and health issues at LDC and Austin Elementary.”
“We ask that you evaluate Mr. Gonzalez in regards to how he handled the situation and that you provide him with the appropriate training in order to be proactive and reduce the possibilities of issues of this magnitude from occurring again, since it is apparent that he lacks the skills necessary in providing parents assertive information when asked the questions we have come to ask of you. We would like to thank you for giving us the opportunity in speaking and hope that you can provide us with this information since all other venues have failed to provide us with answers.” concluded Rodriguez.
EPISD Board President Ignacio “Nacho” Saucedo answered Rodriguez by stating that “We certainly empathize with the situation and this Board is looking into everything and we are waiting for information and we will get back to you.”
EPISD Board member Benjamin Rodriguez asked Assistant Superintendent for Business and Finance Ismael Mijares how much had the EPISD spent from for the LDC and Austin Elementary repairs and costs. Mijares replied that the EPISD has a $100,000 fund account under Maintenance and Operations in its budget to pay for this kind of contingencies and was using this account.
EPISD Board member Ramon Ramirez then asked Assistant Superintendent Ismael Mijares if the EPISD was insured for this type of damages. Mijares answered Ramirez that the EPISD is not insured for flooding and mold contamination. Mijares added that the EPISD insurance carrier is the Texas Association of School Boards (TASB) and that they had visited the LDC campus and done an inspection and told the EPISD that their insurance did not cover flood and mold contamination damages. Mijares replied that these two matters were excluded from the insurance policy. Mijares told Ramirez that EPISD “has never been insured for flooding and mold contamination.” As a result of the EPISD’s lack of insurance coverage, EPISD will have to pay for all the costs incurred in inspecting and remediation of the mold contamination at the LDC campus and the Austin Elementary campus as well as any legal costs incurred from any legal issues and claims which may be filed against the EPISD by parents of students, teachers, and staff members. In other words, in the event of any legal issues and claims against the EPISD by affected parties will have to be paid by EPISD taxpayers due to the lack of insurance coverage. This revelation raised many eyebrows at the EPISD Board meeting.
Other parents and a teacher attempted to ask more questions but they were cut off by Board President Nacho Saucedo telling the concerned LDC parents that they had already had the Citizens Communication at the beginning of the meeting and another parent named Victor Rodriguez had already spoken. At this time, EPISD Board member Lupita Fuentes asked EPISD General Counsel Richard Streiber from San Antonio, Texas if the Board could discuss on an “emergency” basis the LDC issue and address the concerned LDC parents since there was an item on the agenda regarding the LDC issue. Streiber replied to Fuentes that there was no specific agenda item to answer the specific questions but that “in conjunction with the open session item that follows the closed session I think it would be appropriate for us to have some level of discussion.”
Language Development Center teacher Martha Ramirez addressed the School Board and was told by Streiber that the EPISD is addressing the LDC issues and could not answer any questions.
Ramirez requested the Board that they place on their next agenda as soon as possible the LDC issue and answer their questions because “we are talking about the health of students and teachers and she herself has Lupus and is very concerned about her condition. I want to talk to the Board about my students,” said Ramirez. “To me as a teacher, what is more important to me is the health of my little students who are 4,5, and 6 years old,” said Ramirez. Streiber replied that she was assuming that the EPISD Board was not doing anything to address the problem and that there was an item on the agenda for both closed session (executive session) and open session for discussion by the Board. “There are experts that are looking at it, there was a mold issue and we don’t know what type of mold it was and tests are being done, and that there needs to be remediation,” said Streiber. “The Board cannot provide answers because it is being looked into it,” added Streiber. “The Building (LDC) is not being occupied and cannot be occupied until the Superintendent is satisfied by the environmental experts that the building is certified as safe and can be reoccupied,” said Streiber. The Board will discuss at its next meeting what type of remediation needs to be done. Streiber stated the Board was following certain protocol. Streiber added that he planned to make certain recommendations to the Board during the closed session agenda item. Streiber stated that the District was looking into the situation and would get back to the public.
Ramirez then addressed the Board with another concern that there are some photos which show that there is mold at Austin Elementary and there are issues regarding the quality of the water. Ramirez stated that she does not allow her students to drink the water at Austin Elementary. Ramirez suggested to the Board that they reassign the students and teachers to other schools instead of having them at Austin Elementary. Ramirez told the Board that concerned parents had left the meeting discouraged and looked to the Board because “you are the people we trust the most.” Board President Nacho Saucedo replied that the Board is just as concerned about the issue.
After Ramirez finished speaking to the Board, most of the LDC parents left the meeting very discouraged and dissatisfied that the EPISD had failed to answer their questions and concerns.
Later in the meeting when the EPISD Board addressed in open session the agenda item regarding consultation with legal counsel concerning LDC legal claims, the EPISD failed to discuss the LDC issues as had been suggested earlier in the meeting by General Counsel Richard Streiber in response to Board member Lupita Fuentes question.
