LAW OFFICES OF

WELLS, PEYTON, GREENBERG & HUNT, L.L.P.

MELODY G. CHAPPELL PARTNER BOARD CERTIFIED LABOR & EMPLOYMENT LAW TEXAS BOARD OF LEGAL SPECIALIZATION

550 FANNIN, SIXTH FLOOR, CENTURY TOWER, 77701 P. 0. BOX 3708 BEAUMONT, TEXAS 77704-3708
TELEPHONE: 409-838-2644 FACSIMILE: 409-838-4713 E-MAIL ADDRESS: meham911@wellS00400.00m,

February 11, 2013

VIA HAND DELIVERY BOARD OF TRUSTEES Beaumont Independent School District Re: BOARD UPDATE

CONFIDENTIAL COMMUNICATION ATTORNEY-CLIENT PRIVILEGE

Dear Board Members: On February 5, 2013, I visited with Robert Berman, Judybeth Greene, and Stephanie Gyamfi regarding the BISD redistricting and proposed 5/2 method of election. We met for over an hour and discussed the DOJ objection to BISD's proposed change in the method of election. Mr. Berman expressed his vast knowledge of previous years of redistricting for BISD and other entities, including the recent state redistricting process. The group clarified again that the objection expressed by the Department of Justice received December 21, 2012 was an objection to the change in scheme, not the map presented. I asked the question requested by board members with regard to submitting a new plan with 4 minority districts. The response was that 50% is not a magic number. The idea that retrogression is solved by numbers only will not satisfy the DOJ' s concerns. The group referred to the Federal District Court's rejection of this notion in the recent Texas state redistricting. Specifically, the DOJ has objected to districts with 70% minority populations in West Texas in 2001 and 2003 during state redistricting where minority voters had very high nonparticipation rates. From the discussion, significant minority voter turnout in the range of 60% would be what the DOJ would require in order to consider such a change as nonretrogressive even if a map of 4 minority districts were submitted. Therefore, a submission of such a plan would be futile. The group is also interested in the opinion of the Texas Attorney General regarding what transition would take place concerning the two minority districts that would merge in a 5/2 plan. After receipt of an opinion from the Texas Attorney General, this information will be supplied to the DOJ.

Board of Trustees February 11, 2013 Page 2 In addition to clarifying that the group was aware of the history of the BISD's past elections under a 5/2 system, we also discussed the necessity of expedited review of an alternate 7/0 plan once approved by the Board. There is no further information required by the DOJ at this time. Any changes in the voting participation of the minority community will be forwarded after the next election cycle. Very tr ly yours,
bl

Melody G. Chappell MGC/klm