Public Meeting Agenda: February 23, 2016 at 6:00 PM - Board of Education Regular Meeting

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February 23, 2016 at 6:00 PM - Board of Education Regular Meeting Agenda

February 23, 2016 at 6:00 PM - Board of Education Regular Meeting
1. LPS BOARD OF EDUCATION INFORMATION
Rationale: 

Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media.  A mailing list is maintained at the Lincoln Public Schools District Office.  A public notice was published in the LINCOLN JOURNAL STAR.



The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
2. CALL TO ORDER
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. APPROVAL OF MINUTES
Rationale:  The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.
Attachments:
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • A time limit of five minutes will be allotted for any speaker.
  • Members of the Board of Education will not respond or engage with speakers.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
  • Anyone refusing to be identified will be prohibited from speaking.
8. CONSENT AGENDA
Rationale: 
8.1. Human Resources Matters
Rationale: 

Explanation:

The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

This report includes routine Human Resources changes:

   a.  Administrator Employees:

             Separations – 1

   b  Certificated Employees:

             Elections – 18

             Separations – 6

   c.  Substitute Certificated Employees:

             Elections – 12

             Changes of Status – 5

             Separations – 1

   d.  Classified Employees:

             Elections – 19

             Changes of Status – 4

             Separations – 16

   e.  Board Resolution regarding recognition of the Custodial Employees Association, the Lincoln Paraeducator

        Association, the Lincoln Public Schools Association of Office Professionals, the Maintenance Employees

        Association, the Nutrition Service Workers Association, and the Transportation Employees Association as

        official bargaining agents for 2016-17.

   f.  Board Resolution regarding recognition of grant awarded by the Lincoln Community Foundation for support of the

       Prosper Lincoln Employment Skills Initiative.

 

Proposal:

That the Board approve the Human Resources items presented in the attachment(s).*

 

*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

8.2. Routine Business
Rationale: 

At each meeting, the Board of Education is asked to approve certain items of routine business of the school district.

Explanation
The items included in routine business for this meeting are:

a.  REGULAR CLAIMS – Claims for the period ending February 23, 2016, were previously provided.                   
Federal Tax ACH Deposit of $41,332.72.                   

State Tax ACH Deposit of $749,165.84.                   

Procurement Card ACH Transfer of $122,130.15.                   

Office Depot ACH Transfer of $30,159.09.                   

Vendor ACH Transfer of $95,194.49.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending February 12, 2016, in the amount of $132,684.96.

c.  GIFTS – Approval for the gifts listed on the attached gift report.

d.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for the purchase of college level texts; the connection of Wysong to the fiber hub; the purchase of connected classroom equipment; the renewal of the emergency and outreach notification system; a subscription used to build stakeholder engagement; items listed for auction; and any other bids/contracts/routine business as presented.

Proposal
That the Lincoln Board of Education approve the following items of routine business:

a.  The regular claims for period ending February 23, 2016.

b.  Payroll for the period ending February 12, 2016.

c.  Gifts for Lincoln High, Lux, Northeast, Riley, and the district.

d.  Bids/contracts/other routine business for the purchase of college level texts; the connection of Wysong to the fiber hub; the purchase of connected classroom equipment; the renewal of the emergency and outreach notification system; a subscription used to build stakeholder engagement; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments:
8.3. Option Enrollment Student Application for 2016-17
Rationale: 

On February 23, 2016, the Board adopts a resolution to accept option students for the 2016-17 school year.  Applications have been received from students requesting that they be accepted as option students for the 2016-17 school year.  Staff recommends that the students referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 23, 2016.      

Explanation
Staff has examined the applications of the students included in this proposal.  The students meet one of the criteria set forth by the Board in its resolution of February 23, 2016.  Staff recommends approval of these applications.      

Proposal  
That the Board adopt the following resolution:  

WHEREAS, the students who has been assigned student numbers 408886, 281756, 300198, 290020, 409881, 410007, 268560, 410326, 276144, 410461, 196462, 280463, 282602, 281736, 410602, 279319, 246454, 410757, 280308, 209350, 411204 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of February 23, 2016, with regard to such option students;

THEREFORE BE IT RESOLVED that the aforementioned students be accepted as option students on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.

Attachments:
9. FIRST READING, ACTION AT NEXT MEETING
Rationale:  *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education  Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
9.1. From Board Committees
9.2. From the Superintendent
9.2.1. Randolph Elementary School Classroom Additions and Renovation #8366
Rationale: 

Sealed bids were received from interested vendors for the construction of four separate additions to the existing school along with interior renovations of the existing gymnasium and cafeteria into a media center and enlarged cafeteria respectively.  Project includes expansion of geothermal wellfield, replacement of existing pavement, and grade adjustments relative to new construction requirements. The following award recommendation is for construction and renovation project of Randolph Elementary School by a general contractor.

Explanation
It is recommended that award be made to: 

Cheever ConstructionCheever Construction (Lincoln, Nebraska)                      $3,711,000.00

Bid results:

Cheever Construction (Lincoln, Nebraska)                                                          $3,711,000.00
Rogge General Contractors (Lincoln, Nebraska)                                                $3,718,000.00
Kingery Construction (Lincoln, Nebraska)                                                           $3,750,000.00
Sampson Construction (Lincoln, Nebraska)                                                        $3,898,000.00
Hausmann Construction (Lincoln, Nebraska)                                                     $3,920,000.00

It is recommended the following alternates be accepted:

Alternate 1 – Kitchen Decorative Wall Tile                                                        $4,200.00 (Add)

A complete bid tabulation is available in the Purchasing Office.

This will be an expenditure of $3,715,200.00 from the Bond Fund or other appropriate facilities funds.

Proposal
That the Board discuss this proposed award to Cheever Construction.  To meet the projected completion date, it is necessary that construction begin as soon as possible following approval.  The Board, by approving this agreement with Cheever Construction, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Facilities & Maintenance, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.

9.2.2. Classroom Sound Amplification #8337
Rationale: 

Sealed/faxed responses were requested from interested vendors to provide classroom sound amplification systems (CSAS) for 2,250 classrooms in elementary, middle, and high schools.

Five vendors provided a response to RFP #8337.  Each response included a unit price for a fully equipped Classroom Sound Amplification System including four speakers.  The Audio Enhancement response included a unit price of $818.64 for either an Infrared (IR) or Radio Frequency (DECT) based system and each will be used based on the physical characteristics of the learning environment.

The Connected Classroom component of the CLASS technology plan included sound amplification as an important element to ensure that both the teacher’s voice and digital sound content is uniformly distributed throughout the learning space.  Classroom sound amplification systems (CSAS) were piloted at Culler Middle School during the 2014-15 school year.  Educational research and the experience of teachers at Culler support the positive effects of CSAS that are related to improved student outcomes.  These effects include improved accommodation of hearing impaired learners, increases in student engagement, and perception of teacher proximity and a reduction in teacher fatigue.

Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications:

Audio Enhancement (Bluffdale, Utah)                                                               $1,841,940.00

Results:

Electronic Contracting (Lincoln, Nebraska)                                                         $1,588,500.00
Light Speed (Tualatin, Oregon)                                                                          $1,687,500.00
Audio Enhancement (Bluffdale, Utah)                                                                 $1,841,940.00
Ehlert Solution Group (Sandy, Utah)                                                                   $2,047,500.00
Front Row (Petaluma, California)                                                                        $3,089,700.00

A complete tabulation is available in the Purchasing Office.

This will be an expenditure of $1,841,940.00 from the General Fund.

Proposal
That the Board discuss the proposed award to Audio Enhancement.  The Board, by approving this agreement with Audio Enhancement, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Purchasing, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.

9.2.3. Proposed Negotiated Agreement with the Lincoln Education Association
Rationale: 
The Lincoln Board of Education has recognized the Lincoln Education Association (LEA) as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of that employee group.  The negotiation teams, representing LEA and Lincoln Public Schools, have reached a tentative agreement for the 2016-17 and 2017-18 years; and the LEA has approved the tentative agreement.

Explanation
The proposed agreement calls for a 3.18 percent total package increase for 2016-17 and a 3.19 percent total package increase for 2017-18.  These two settlements are within the parameters set by the Board of Education.  Included in the package increases are all district costs including the district’s contributions to health insurance, state retirement, and Social Security.

Proposal
That the Board of Education consider and discuss the proposed negotiated agreement for the 2016-17 and 2017-18 school years with the Lincoln Education Association.

10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
10.2.1. Resolution for Option Enrollment Students 2016-17
Rationale: 

Nebraska students may attend a school other than the one in the district in which they reside under the option enrollment statutes.      

Explanation
The attached resolution would admit any K-12 option students who meet the statutory and legal conditions and whose application is received by August 5, 2016.  

The resolution specifies the circumstances under which late-filed applications would be accepted.       

Proposal
That the Board approve the option resolution for the 2016-17 school year.

Attachments:
10.2.2. Lefler Middle School Physical Education Classroom Addition and Renovation #8368
Rationale: 

Sealed bids were received from interested vendors for the construction of a new gymnasium, vestibule, elevator shaft with lobbies, and entrance canopy.  Renovations include four restrooms, three science rooms, one computer room, and corridors at Lefler Middle School.  The following award recommendation is for the construction and renovation project at Lefler Middle School by a general contractor.

Explanation
It is recommended that award be made to:

Sampson Construction (Lincoln, Nebraska)                                                   $2,940,000.00

There were no other bidders.

It is recommended the following alternates be accepted:

Alternate A1 – Terrazzo flooring at ramp in main entry                                     $14,300.00 (Add)

A complete bid tabulation is available in the Purchasing Office. This will be an expenditure of $2,954,300.00 from the Bond Fund or other appropriate facilities funds.

Proposal
That the Board approve this award to Sampson Construction.  To meet the projected completion date, it is necessary that construction begin as soon as possible following approval.  The Board, by approving this agreement with Sampson Construction, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Facilities & Maintenance, or another person as selected by the Associate Superintendent for Business Affairs, or a designee from time to time, as its program administrator under this agreement.

11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.1.1. Budget Calendar for the 2016-17 Budget
Rationale: 

Board Policy 3100 (Attachment One) directs staff to present a budget calendar.

Explanation
The budget calendar includes the following:  Publication of the budget hearing date on August 2, 2016; the public hearing/budget forum on August 9, 2016; and budget approval on August 23, 2016.  Attachment Three is the budget calendar for the 2016-17 budget.

Proposal
An information item for Board comments and suggestions.

Attachments:
13.2. From The Career Academy
13.3. From the Superintendent
13.3.1. Superintendent Update
13.3.2. Monthly Financial Report
Rationale: 

At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.

Explanation
The monthly financial report for the month ending January 31, 2016, is attached.

Proposal
Information item; no Board action required.

Attachments:
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale: 

February 24 - Chamber Annual Lunch, 11:30 am, Cornhusker Hotel

March 1 - Thank You Teacher Breakfast, 7:30 am, Governor's Mansion

March 2 - Chamber Coffee, 8:00 am, Chamber Office

March 7-11 - Spring Break

March 9 - TCA Joint Board Meeting, 8:15 am, TCA

March 16 - GNSA Meeting, 9:30 am, NCSA

March 22 - Board Meeting, 6:00 pm, LPSDO

15. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • A time limit of five minutes will be allotted for any speaker.
  • Members of the Board of Education will not respond or engage with speakers.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
  • Anyone refusing to be identified will be prohibited from speaking.
16. REQUEST FOR CLOSED SESSION
Rationale: 
The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

16.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:  The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

17. ADJOURNMENT
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