August 20, 2024 at 7:00 PM - Regular Meeting
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A. Call to Order
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A.1. Meeting is governed by the Nebraska Open Meetings Act as posted.
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A.2. The ESU 13 Board reserves the right to rearrange the order of the agenda.
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A.3. The ESU 13 Board reserves the right to convene an executive session in accordance with § 84-1410.
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B. Excuse Absent Board Member(s)
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C. Approval of Agenda
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C.1. Consent Action Items
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C.1.a. Minutes of meeting (June 25th regular meeting)
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C.1.b. Treasurer’s Report (June 30, 2024, and July 31, 2024)
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C.1.c. Fund Balance (June 30, 2024, and July 31, 2024)
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C.1.d. Budget Report (June 30, 2024, July 31, 2024, and August 20, 2024)
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C.1.e. Claims for Disbursement (July 16, 2024, and August 20, 2024)
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D. Calendar
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E. Public Forum:
Rationale:
Time limit for each person is three (3) minutes; no response or action taken by the Board.
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F. Reports
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F.1. Head Start In-Kind
Rationale:
Lauren Starke, Head Start's fiscal officer, will review In-Kind with the Board.
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F.2. Head Start Director's Report, Policy Council, and Financial Reports
Rationale:
Review of Head Start's Director's Report for June and July, Policy Council Minutes for June and July, and Financial Reports for June and July.
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F.3. Administrator's Report
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F.3.a. Facility Updates
Rationale:
Now that we are back in session, the summer construction projects have wrapped up. The sidewalk replacement project is nearly complete with a few finishing touches needed.
The construction at the Harms Center is set to begin in early October. Part of that includes the changes to our space. The only cost that we will pay is the alternate bid that was discussed with the facilities committee to put in skylights in the hall. We will look to paint and put new tables in our portion of the building this coming year. |
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F.3.b. Committee Meeting Minutes
Rationale:
Board Policy Article 1, Section 5D (Committee Operations) states that all Board members will be informed of meetings of committees and reports shall be brought to the Board in written form whenever possible.
In addition to the Agenda item, Board Committee Reports, minutes of the Committee meetings may be found in Sparq Meetings under the date the Committee met. |
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F.3.c. Rule 11 Program Approval
Rationale:
On August 2, 2024, the Nebraska Board of Education voted to approve ESU 13's early childhood program for the period of July 1, 2024, through June 30, 2025. This action follows a recommendation by the Office of Early Childhood and is based upon records indicating that ESU 13 operated an early childhood program in compliance with the requirements in Rule 11, Regulations for Early Childhood Education Programs, for the 2024-2025 school year.
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F.3.d. Distance Learning Incentives
Rationale:
ESU 13 received distance learning incentive funding for 44 courses taught through distance learning. The funding for this is through the state lottery proceeds and resulted in payment of $41,775.80. This amount is part of the funding that goes into providing VALTS and NEVA to our member districts.
Each district that receives the courses is also eligible for incentive funding. Throughout ESU 13, school districts accessed 207 Distance Education Units for a total incentive of $196,536.15 in funds for this year. |
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F.3.e. AESA Registration
Rationale:
In order to plan for AESA travel, we would like to have a commitment from board members by September 15th if you would like to attend. We will work on arranging flights once we have the final number.
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F.4. Board Committee Reports
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F.5. Board Member Comments
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G. Business
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G.1. Proposed Amendment to Article 4, Section 9 - Attendance, FMLA, and Military Leave - Final Reading
Rationale:
The Policy/Legislative Committee has reviewed Article 4, Section 9(D)6d and requests Board approval for deletion of the following:
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G.2. Proposed New Policy to Article 1 - Unit Organization, Section 8 - Membership in Associations - First Reading
Rationale:
As part of the yearly required policy updates provided by Justin Knight of Perry Law Firm, Article 1, Section 8 (Membership in Associations) is proposed as a new policy to be compliant with LB304. The Policy/Legislative committee proposes to adopt the policy as presented and waive the second reading:
The Board may hold memberships in such organizations and associations as it may from time to time determine appropriate.
The Board will list on ESU 13's website the organizations and memberships that the Board belongs to and the annual membership dues (if any) for such organizations and memberships, as well as the fees paid by the Board to any individual lobbyist or lobbying firm (if any). |
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G.3. Proposed Amendment to Article 2 - Board Meetings, Section 6 (Notice of Meeting), A (Notice to Public) - First Reading
Rationale:
As part of the yearly required policy updates provided by Justin Knight of Perry Law Firm, an update to Article 2,Section 6A (Notice to Public) is being proposed as a result of LB287. The Policy/Legislative committee has reviewed the amendments and recommends adoption of the policy as presented and waive the second reading:
Reasonable advance publicized notice shall be given for meetings that are subject to the Open Meetings Act. The notice shall give the time and place of the meeting and contain an agenda of subjects known at the time of the notice or a statement that the agenda, which shall be kept continually current, shall be readily available for public inspection at the office of ESU #13 during normal business hours.
The Board will give advance notice of meetings by publishing such notice in a newspaper of general circulation within ESU #13’s jurisdiction and, if available, on such newspaper's website. If a newspaper refuses, neglects, or is unable to timely publish such notice, then notice may be given by (1) posting on the newspaper's website, if available, and (2) posting such notice in conspicuous public places within ESU # 13. The Board Secretary shall keep a written record of such postings. |
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G.4. Proposed Amendment to Article 2 - Board Meetings, Section 9 (Public Attendance and Participation), F (Speak) - First Reading
Rationale:
As part of the yearly required policy updates provided by Justin Knight of Perry Law Firm, an update to Article 2, Section 9F (Public Attendance and Participation, Speak) is being proposed as a result of LB43. The Policy/Legislative committee recommends adopting the policy as presented and waive the second reading:
Members of the public will be permitted to speak at Board meetings. Members of the public may also speak when invited to make a presentation or when recognized by the President. For all meetings of the Board, individual speakers shall have up to 3 minutes to address the Board, and the Board shall hear up to 20 cumulative minutes of public comment. The Board may vote to modify these time limits when the board deems appropriate. The President may implement other reasonable requirements for public comment, consistent with the Open Meetings Act. Members of the public will not be required to have their name placed on the agenda prior to the meeting in order to speak about items on the agenda. Any member of the public desiring to address the Board shall be required to identify himself or herself, including an address and the name of any organization represented by such person, unless the address requirement is waived to protect the security of the individual. Members of the public will not be required to have their name placed on the agenda prior to the meeting in order to speak about items on the agenda. Members of the public who desire to address the Board will be required to identify themselves, including an address and the name of any organization represented by such person, unless the address requirement is waived to protect the security of the individual. A time limit of three (3) minutes per speaker will be allowed. Not more than a total of 20 minutes will be allowed per agenda item. Speakers will be permitted to address the Board consistent with free speech rights. However, offensive language, defamatory remarks, and hostile conduct will not be tolerated. Further, charges or complaints against an ESU #13 employee are not to be made for the first time at a public Board meeting without having followed the ESU #13 complaint procedure, except in the case of a personnel hearing before the Board. |
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G.5. Proposed Amendment to Article 3 - Services and Operations, Section 5 (Purchasing), B (General Guidelines) - First Reading
Rationale:
As part of the yearly required policy updates provided by Justin Knight of Perry Law Firm, an update to Article 3, Section 5(B) - General Guidelines is being proposed as a result of LB287. The Policy/Legislative committee has reviewed the amendment and recommends adoption of the policy as presented and waive the second reading:
The procurement of goods and services for ESU #13 shall be secured in an efficient and economical manner. All legal requirements are to be followed and each purchase shall be within the mission, objectives, and financial resources of ESU #13. Competition between suppliers is considered to be desirable for the purpose of securing maximum value at a minimum cost.
Contracts for purchases, services, leases or rental and other agreements to encumber funds shall be made only with the approval of the Board or, where authorized, by the Administrator or designee. Notwithstanding anything to the contrary, no employee may enter into any agreement or understanding on behalf of ESU #13 that may financially benefit the employee, member of the employee’s immediate family, or a business with which the employee is associated, unless the Board approves such contract or arrangement in advance. |
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G.6. Proposed New Policy to Article 3 - Services and Operations, Section 5 (Purchasing), M (Technology Contracts) - First Reading
Rationale:
As part of the yearly required policy updates provided by Justin Knight of Perry Law Firm, Article 3, Section 5 (Purchasing) is proposed as a new policy to meet the requirements of LB 1300. The Policy/Legislative committee recommends adopting the policy as presented and waive the second reading:
Technology Contracts
For any company that submits a bid or proposal for any technology-related product or service, and before entering into any contract with any company for any technology-related product or service, the company must certify that: (1) the company is not a "scrutinized company" (as defined by law); (2) the company will not subcontract with any scrutinized company for any aspect of performance of the contemplated contract; and (3) any products or services to be provided do not originate with a scrutinized company. ESU #13 will not knowingly enter into any contract with any scrutinized company. |
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G.7. Proposed Amendments to Article 4, Section 10A (Professional Employees Defined), and Article 4, Section 11A (Classified Employees Defined) - First Reading
Rationale:
The Policy/Legislative committee has reviewed Article 4, Sections 7-13 and recommends the following amendment:
Section 10A - Professional Employees Defined Professional employees include "certificated employees," which for purposes of the Board policies, means any teacher, nurse, or other employee in a position or assignment which requires a certificate issued by the Commissioner of Education or Nebraska Department of Health and Human Services. Section 11A - Classified Employees Defined Classified employee, for purposes of the Board policies, means any employee or assignment which is not within the definition of "professional employee" as set forth in the Board policies. "Non-certificated employee," for purposes of the Board policies, means any employee who is not a teacher, nurse, or otherwise in a position or assignment which requires a certificate issued by the Commissioner of Education or Nebraska Department of Health and Human Services. |
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G.8. Proposed Amendment to Article 4, Section 10D3 (Resignations) - First Reading
Rationale:
The Policy/Legislative committee has reviewed Article 4, Sections 7-13 and proposes the following amendment to Section 10D3 (Resignations):
All resignations from employment with ESU #13 shall be submitted in writing to the Administrator, Supervisor, and HR Manager. |
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G.9. Proposed Amendment to Article 4, Section 12A (Substitute Teachers - Rate of Pay) -First Reading.
Rationale:
The Policy/Legislative Committee has reviewed Article 4, Sections 7-14 and recommends the following amendment to Article 4, Section 12A (Substitute Teachers - Rate of Pay) be adopted as presented and waive the second reading:
The daily rate of pay for substitute teachers is Each substitute teacher must hold proper Nebraska certification.
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G.10. Proposed Amendment to Article 5, Section 1 - Non-Discrimination
Rationale:
Justin Knight of Perry Law Firm has recommended changes to Section 1 - Non-Discrimination. The Policy Committee has reviewed the changes and recommends waiving the second reading and adopting as presented.
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G.11. Resolution to Increase Restricted Funds Authority by an Additional 1%
Rationale:
In addition to the allowable 2.5% base increase, the Board can increase budgeted restricted funds authority for the 2024-2025 budget by an additional 1% upon affirmative vote of at least 75% of the authorized Board.
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G.12. Skylights for ESU 13/WNCC Project
Rationale:
For the WNCC-Harms building renovation project, ESU 13 requested pricing to have two additional tubular skylights added in Lobby E193. The alternate pricing for the bid is $25,408.00.
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G.13. Employee Handbook Amendment
Rationale:
An update of Section 11 - Classified Employee Wage Levels of the 2024-25 Employee Handbook is being proposed.
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G.14. Certified Teacher Resignation
Rationale:
On August 5th, Jenilee Woltman, Certified Teacher and Speech Pathologist submitted her resignation.
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G.15. November Board Meeting Date Change
Rationale:
The annual State Education Conference is being held November 20-22 in Omaha. Our November Board meeting is scheduled for the day before, November 19th. Board discussion to change the Board meeting date to Monday, November 18th.
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H. Adjournment
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