January 13, 2021 at 7:30 PM - Board of Education Regular Meeting

Rationale:  School Board Members As of January 13, 2021

• Mr. Matt Hothem
• Mr. Dirk Triplett
• Mr. Chris Reiter
• Mrs. Rachel Hrasky
• Mrs. Jana Hoos
• Mrs. Jennifer Anderson

Rationale:  Executive Summary:

The Board Agenda

• Posting of Meeting 72 hours before a regularly scheduled board meeting.  
  • Including date, time, and location
• Posting of Agenda 24 hours before the meeting.  
  • No addition to the agenda within the last 24 hours leading up to the meeting.
• Determining Agenda Items
  • Required
    • Financial Report of the district.
  • Items determined with the use of the following resources:
    • NASB Annual Board Calendar.
    • Collaboration with the Board President
    • Updates, recommendations, or requirements from:
      • NDE
      • KSB (District Legal Firm)
      • By Law
      • By Statute
      • By Policy
    • Recommendations from:
      • ESU 10
      • NCSA
      • NE Legislature
    • SEM Minutes

Rationale:  Executive Summary:

2004
Oath of Office

No board member is required to take an oath of office pursuant to Nebraska law.  However, new board members may voluntarily take the following oath before entering into their official duties:

I, ......................, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic;  that I will bear true faith and allegiance to the same;  that I take this obligation freely and without mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of a member of the board of education, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God.

Board members may affirm the oath orally or in writing.  Copies of written oaths will be retained as official records of the school district in the main administrative office and such other places as may be required by law.  Board members who give the oath orally will be noted in the minutes.
 

Adopted on: October 12, 2020, Regular BOE Meeting
 

Rationale:  Executive Summary:
 

Unlike roll call votes taken by the board, section 84-1413 allows you to elect officers by secret ballot as long as the "total number of votes for each candidate" is recorded in the minutes.  A simple motion and second then allows the board to cast secret ballots.  The number of votes for each candidate must be recorded in the minutes.

Rationale:  Executive Summary:

This is an action item and, as such, is required to have a motion to Adjourn Sine Die and Elect School Board Officers for the 2021 calendar year.  

As a result of the motion, Superintendent Finkey will call for nominations for the school board president's office for the 2021 school year.  After nominations have ceased, then a secret written ballot will be conducted, and Mr. Finkey will announce the newly elected board president.  The president will take over the meeting and elect a vice-president and secretary. 

Rationale:  Executive Summary:

Following the election of the board president, a vice-president needs to be elected.  The duties will include handing the office of board president in the absence of the president. 

Rationale:  Executive Summary:

The secretary's purpose will be to ensure that all public announcements have been legally provided and act as one of the board members with authorization to sign checks along with the board president. 

Rationale:  Executive Summary

The position of District Business Manager has historically included the position of Appointed Board Treasurer.

The appointment allows for Mrs. Shoemaker to act as a financial representative for the board of education.

Mrs. Shoemaker is highly qualified for the position and has brought SEM in compliance with the new coding system, and has made several significant recommendations to help the district financially.

I recommend appointing Kris Shoemaker as the Board Appointed Treasurer with all the duties and responsibilities that come with the position.





 

Rationale:  Executive Summary

Since the retirement of Lawana McFarland, Mr. Schmidt has accepted the board meeting recording secretary's role.

Mr. Schmidt is experienced with the Sparq paperless board meetings and has the technological skills to keep the program up-to-date and functional.  Mr. Schmidt continually develops his skill levels with this program and helps the district advance with this program.  

I recommend appointing Mr. Schmidt as the board appointed recording secretary with all the duties and responsibilities that come with the position. 

 

Rationale: 

• Getting Started:  When you have been recognized, please stand and state your name.  
•  Time Limit:  The Board will generally allow a total of 30 minutes for the presentation of all public comments.  Individuals may speak only one time and must limit comments to around 5 minutes.  If there are more than six individuals who wish to address the Board, the 30 minutes will be divided equally between the number of speakers.   These time limits may be changed by a majority vote of the board members in attendance to extend the time for a specific item or speaker.
• Personnel or Student Topic:  If you are planning to speak about a personnel or a student matter involving an individual, please understand that the district has a complaint policy and/or procedures to resolve such complaints and concerns.  The Board requests that you follow the policy and procedures before addressing these matters with the Board.  Board members will generally not respond to any questions you ask or comments about individual staff members or students. 
• General Rules: This is a public meeting for the conduct of business.  Comments from the audience while others are speaking will not be tolerated.  Lewd, obscene, profane, slanderous, threatening, and hostile conduct or statements and fighting words (words whose mere utterance entails a call to violence) will not be tolerated.
• No Action by the Board:  The Board will not act on any matter unless it is on the published agenda. 

Rationale:  Executive Summary:

The consent agenda should be used for items that are considered routine and non-controversial in nature, such as previous meeting minutes, claims, monthly financial reports, certified/classified hire(s)/reassignment(s)/resignation(s).  The consent agenda can also be utilized for items that will not generate questions and board discussions, such as approval of items the board has already discussed or adopting policies under consideration for the second reading.

Please note: any item(s) listed on the consent agenda does NOT mean it prohibits the board from asking questions during the meeting.  Items on the consent agenda can be removed for discussion.  If an item is removed for discussion, it will be placed immediately after the consent agenda's approval and discussed and acted upon. 

Rationale:  Executive Summary:

Bullet points:

• Professional Development & Workday
• NSAA and Winter guidelines (COVID)
• Legislative Update
• Negotiations
• Policy

Rationale:  Executive Summary:

• Public Comment and/or Public Participation at a board meeting is a requirement of law.  Whereas it is not required to happen at every board meeting, it is an expectation that on a regular basis, members of the public have an opportunity to address the board respectfully. 
•  

 

Rationale:  Executive Summary:

Board subcommittees are an effective and efficient means of gathering information for the board to make decisions during a regularly scheduled meeting.  

A subcommittee meeting of the board does not require advanced publicized notice unless a quorum of the board attends and/or if the committee is holding a hearing, making policy, or taking formal action on behalf of the board.  The committee should also be advising the superintendent rather than the board to prevent violation of the Nebraska Open Meetings Law. 

My recommendation is for the board to organize the following subcommittees, with each committee being made up of three board members. 

• Budget Committee
• Negotiations Committee
• Building and Grounds Committee
• Transportation (Bus) Committee
• Americanism Committee (Required)
• Policy Committee

Rationale: 

The Committee on American Civics

In 2019, the Unicameral changed the name of the Committee on Americanism to the Committee on American Civics.  Boards used to appoint this committee at the beginning of each school year.  You now must appoint three board members to this committee at the beginning of each calendar year.  There is a whole laundry list of requirements for this committee, including holding no fewer than two public meetings annually.  The board must also receive public testimony at one of those meetings.  Remember, the legislature took a no nonsense approach with this requirement, stating:  "Every school board, the State Board of Education, and the superintendent of each school district in the state shall be held directly responsible in the order named for carrying out this section.  Neglect thereof by any employee may be considered a cause for dismissal."  You can view all of the committee’s duties and responsibilities here in section 79-724.  The board may, but is not required, to appoint members of any other committees at the January meeting.

Rationale:  Executive Summary:

One of the duties that are required of the board of education is to evaluate the superintendent annually.  Beginning in the 2019-2020 school year, the SEM-BOE elected to utilize the services of NASB in the process of evaluating the superintendent.  The board then continued with this evaluation tool for the 2020-2021 school year. 

The evaluation instrument is an electronic document that allows the board to evaluate and rate the superintendent's performance.  The information is then compiled by NASB and returned to the Board President to be utilized during the feedback portion of the evaluation.  As long as the district remains with this tool, NASB will continue to compile and provide historical comparisons for the board to help determine effectiveness. 

From the standpoint of the person receiving the evolution, I feel it is a highly reflective and informative tool.  My self-evaluations have to parallel the board's opinions every closely, and this provides me with feedback that helps me reach my goals and meet the board's expectations. 

My recommendation would be for the board to continue working with NASB and utilize their expertise and training.

Rationale:  Executive Summary:

In 2019-2020 the SEM BOE switched the superintendent evaluation model.  The board elected to purchase the services of NASB (Nebraska Association of School Boards) and utilize their superintendent evaluation and leadership program.  The new evaluation tool was submitted to the Nebraska Department of Education and approved for use beginning in the 2019-2020 school year.

NASB also provides its members with a Job Description for the Superintendent that correlates directly with the evaluation tool.  In review, I have found very little difference between the two, other than the fact that the NASB model clearly ties to the evaluation. 

I would recommend that the board adopt the NASB model.  This model aligns with the evaluation. 

Rationale:  Executive Summary:

• August of 2020, the Federal Department of Education imposed new standards in the Title IX process.
• Working with KSB law, SEM completed an update of the SEM board policy on Title IX, ensuring the district complied with state and federal laws.
• The Board adopted the KBS Title IX Policy as a component of the SEM Board of Education Policies on August 10, 2020.
• To ensure compliance, the district must identify and post in prominent locations, including the district website, handbooks, and personnel contracts.
• All members of the Title IX compliance team have required training.  SEM received training provided by the attorneys of KSB law.
• Receiving training were Kevin Finkey, William Schmidt, Tammy Kenton, Roger Doud, and Scott Franzen. 
• Required Positions:
  • Title IX Coordinator(s): Tammy Kenton & Roger Doud
  • Title IX Investigator:  Scott Franzen
  • Title IX Decision Maker: William Schmidt
  • Title IX Appellate Decision Maker: Kevin Finkey

Rationale: 

Designating a Bank

Section 77-2350 requires boards of education to designate the district’s bank, capital stock financial institution, or qualifying mutual financial institution "from time to time . . . by formal resolution duly recorded."  The designated bank or financial institution must be situated within the district’s boundaries.  If no such entity is located within the district’s boundaries, the board may designate any such institution within the state.  Some boards make this designation at the first meeting of the calendar year, while others designate a financial institution in policy.  

Rationale:  Executive Summary:

Although Title IX does deal with discrimination, the primary focus is on Sex discrimination.

Therefore, to ensure that the district has a non-compliance officer to deal with another discrimination issue it is traditional to appoint the Superintendent as this contact person.  

 

Rationale:  Executive Summary:

Each year SEM contracts with Nebraska Educational Service Unit 10 out of Kearney for special education services.  

Requirements:

• Approval of Contract and Signature of Board President.
• Signature of Superintendent for Schedule A Form
• Signature of Superintendent for Cooperative Program Agreements.

Recommendation:

• I recommend the board to vote to accept the Special Education Contract and Cooperative Service Agreement.  

Rationale:

• Law requires the Special Education Services provided by ESU 10 are meet, and they are services that we can only provide by the cooperative agreement with ESU 10. 

Rationale:  Executive Summary:

Nebraska State Law requires a hearing on our Social Studies Curriculum and how it aligns with Nebraska Standards.  This hearing is required to be held in an open session with public input welcome.  

I would recommend that the Americanism, Curriculum, and Technology Committee works with Mr. Schmidt and Mr. Padronus to establish a meeting date and time in January to hold this meeting.  

It is also my recommendation that this committee also begins to develop the plan and goals for the advancement and development of technology at SEM.

Rationale:  Executive Summary:

A key component to a school board's success is long and short term plans with goals established to help determine progress.

Goals need to be considered in many areas including but not limited to:

• Technology
• Curriculum
• Buildings and grounds
• Policy
• Vision & Mission Statements

Once goals are determined, then committees will have greater success as they work to meet those goals. 

Rationale:  Executive Summary:

I am attaching some of the most recent updates in negotiation settlement information.

Please note that information comes from any Nebraska school that has settled, not specifically the ones in our array.

How an array developed:

• Comparison of School district size.  
  • No more than 50% of the SEM attendance
  • No greater than 200% of the SEM attendance
    • SEM Attendance October 1, 2020
      • SEM 192 K-12, preschool is not considered for the array.
• Geographical Location.
  • Closest schools within the attendance demographic
• Number of schools considered
  • 9 schools are the standard used for comparison, but it can be increased if agreed upon by both parties. 
• Array Schools, Size, Ratio, and Miles from Sumner.
  • Ansley.           178,      0.93,      24
  • Litchfield.         98,       0.51,      23
  • Overton          276,      1.39,      15
  • Amherst.        353,      1.84.      15
  • Elm Creek.     334,      1.74.      17
  • Pleasanton.    275,      1.43.      22
  • Bertrand.        235.      1.22.      30
  • Ravenna.       370.       1.93.     31

Rationale:  Executive Summary:

I have registered the SEM staff with the Two Rivers Health Department for Vaccinations beginning soon. 

What are the protocols after you receive your vaccination:

• Masks are still required.
• Social distancing at 6 feet from all non-household family.
• If exposed to A Covid positive individual, you need to isolate for 10 days.
• If you experience COVID related symptoms, you need to isolate for 10 days.

From the school's standpoint, there will not be a great deal of change.  We will move into the "yellow" health risk dial range. 

• Temperatures are taken in the AM. 
  • Plus, 100 degrees will result in the individual being sent home.
• Masks are still required.
  • Students and staff with a medical release will maintain social distancing in school, and we will utilize a protective desk shield to help protect everyone in the class.
  • All extra-curricular events will follow NSAA guidelines and that of home management.  If the participant can not adhere to these rules, they will not participate in these privileges. 

Mandatory vaccines as a term of employment. 

• It is my recommendation that required vaccinations not be included as a means for continued employment.