Public Meeting Agenda: September 27, 2016 at 6:00 PM - Board of Education Regular Meeting

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September 27, 2016 at 6:00 PM - Board of Education Regular Meeting Agenda

September 27, 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
6.1. Students from Beattie Elementary School, honoring Deaf Awareness Week, Sept. 26-30:
Rationale: 

Last year we transitioned our elementary school hearing-impaired program to Beattie Elementary School. In honor of National Deaf Awareness Week – Sept. 26-30 – we are inviting several Beattie students to talk about proud moments at their new school setting.

Students:

Journie Lott, kindergarten
Jaxson Finke, second grade

6.2. Suicide Prevention Coalition Report
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: 

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.

Explanation

This report includes routine Human Resources changes:

   a.  Certificated Employees:

               Elections – 2

               Changes of Status – 6

               Separations – 1

   b.  Substitute Certificated Employees:

               Elections – 22

               Changes of Status – 2

               Separations – 4

   c.  Classified Employees:

               Elections – 76

               Changes of Status – 9

               Leaves of Absence – 1

               Separations – 27

   d.  Other:

               Civic Leave – 2

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 September 27, 2016, were previously provided.                   
Federal Tax ACH Deposit of $174,161.88.                   

State Tax ACH Deposit of $757,363.97.                   

Procurement Card ACH Transfer of $112,555.95.                   

Office Depot ACH Transfer of $15,135.14.                   

Vendor ACH Transfer of $99,614.89.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending September 16, 2016, in the amount of $511,892.07.

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 fruits and vegetables for use by Nutrition Services; amendments to Community Learning Center Agreements; a lease for space to house OT/PT; the second amendment to the agreement creating the NSMC; an agreement to improve supports for struggling students throughout the district; 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 September 27, 2016.

b.  Payroll for the period ending September 16, 2016.

c.  Gifts for East, Lux, North Star, Northeast, Southeast, and the district.

d.  Bids/contracts/other routine business for fruits and vegetables for use by Nutrition Services; amendments to Community Learning Center Agreements; a lease for space to house OT/PT; the second amendment to the agreement creating the NSMC; an agreement to improve supports for struggling students throughout the district; items listed for auction; and any other bids/contracts/routine business as presented.

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

On February 23, 2016, the Board adopted 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  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 have been assigned student numbers 228014, 407869 (for purposes of confidentiality, assigned numbers are being used) meet 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.

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
9.1.1. Legislative Guidelines
Rationale: 

Throughout the 2016-17 calendar year, various governmental bodies will consider legislative and administrative action that will have an impact on Lincoln Public Schools.

Explanation
To effectively communicate the positions of the Board of Education, the Board annually approves Legislative Guidelines to provide guidance to district staff and representatives communicating with governmental bodies when it is not possible to survey the Governmental Relations Subcommittee of the Board for specific guidance on a particular piece of legislation or policy.

Proposal
That the Board discuss the Legislative Guidelines.

Attachments:
9.1.2. Policy 3001-Business: Fiscal Year
Rationale: 

The fiscal year determines the annual starting and ending dates for the district’s business cycle.

Explanation
The creation of Policy 3001 establishes the district's fiscal year beginning on September 1 and ending August 31, which matches the Nebraska statutory requirement found in 79-1091.  

Proposal
That the Board discuss Policy 3001.

Attachments:
9.1.3. Policy 5119-Students: Options Students
Rationale: 

Annually, the Lincoln Board of Education adopts a resolution stating the timeline and parameters for acceptance of option enrollment students, including provisions for transportation.

Explanation
In the spring of 2016, the Nebraska legislature approved changes to the way districts address transportation issues for Option Students.  The revision to Policy 5119 reflects those changes in state law.

Proposal
That the Board discuss Policy 5119.

Attachments:
9.1.4. Policy 8350-Superintendent's Evaluation
Rationale: 

Each year, as required by law, the School Board evaluates the Superintendent using a state approved assessment tool.  The president of the School Board is responsible for leading the Board in fulfilling the guidelines of this process.

Explanation
Policy 8350 is a new policy that creates guidelines to support the Board president's responsibilities related to the Superintendent’s evaluation and provide greater clarity of the process.

Proposal
That the Board discuss Policy 8350.

Attachments:
9.1.5. Policy 8420-Participation of Citizens
Rationale: 

The function of the regular meetings of the Lincoln Board of Education is to conduct the business of the Lincoln Public Schools District, as distinguished from providing an open citizens' forum. The Board believes public attendance and participation is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children. The Board encourages and provides an opportunity for public comment, recommendation, and advice from community members through the Public Comment agenda item during regular Board meetings, public hearings, and community engagement forums.

Explanation
The revision of Policy 8420 provides clarity for the duties of the Board and the Board Chair during the Public Comment agenda item of Board of Education meetings.

Proposal
That the Board discuss Policy 8420.

Attachments:
9.1.6. Policy 8441-Board Operating Procedures: Order of Business
Rationale: 

The Board’s Order of Business provides predictability and purpose to the contents and order of regular Board meetings.

Explanation
The revision of Policy 8441 provides the Board flexibility to make adjustments to the Order of Business when holding meetings where the purpose is different than a regular business meeting of the Board during which all of the elements of a regular agenda or the order of the agenda would not be aligned with the purpose of the meeting.

Proposal
That the Board discuss Policy 8441.

Attachments:
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. 2016-17 Lincoln Public Schools Property Tax Request
Rationale: 

A hearing was held Tuesday, September 13, 2016, on whether the Board of Education should approve or modify the preliminary property tax request for Lancaster County School District 001 – Lincoln Public Schools (Attachment One).

Explanation
The 2016-17 budget of Lincoln Public Schools has already been adopted.  According to state law Section 77-1601.02, the preliminary tax request for the district shall be the property tax request from the prior year, unless the school district holds a hearing and sets the property tax request at a different amount.  The prior year’s property tax request would not correctly fund the 2016-17 budget which has already been formally adopted by the Board of Education.  Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the final property tax rates for 2016-17.

Staff recommends that the following resolution be adopted so that the 2016-17 budget may be funded as adopted.  A simple majority vote is required.

Proposal
That the Board of Education approve the following proposed resolution:

THEREFORE Be it resolved that the Board of Education of Lancaster County School District 001 hereby sets the district’s 2016-17 property tax request at a different amount from that of the 2015-16 fiscal year and that, pursuant to State Law Sections 77-1601.02, and other Nebraska laws, does hereby set the 2016-17 Lincoln Public Schools property tax request, including the county’s collection fee and any delinquent tax allowances, as follows:

 

General Fund

$203,375,958.57

Building Fund

973,090.90

Bond Fund for High School Bonds Authorized in 1999

5,476,303.99

Bond Fund for Bonds Authorized in 2006

15,689,607.92

Bond Fund for Bonds Authorizes in 2014

8,880,016.07

Qualified Capital Purpose Undertaking Fund

6,005,862.57

Total Lincoln Public Schools Tax Request

$240,400,840.02

and THEREFORE BE IT further resolved that if updated valuation, budget, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601 and other Nebraska laws.

Attachments:
10.2. From the Superintendent
10.2.1. Electronic Theatre Controls Grant to Upgrade Theater Equipment at Southwest High School
Rationale: 

Southwest High School’s auditorium is about to enter its fifteenth year and is in need of some upgrades and some replacement lights and light bulbs.

Explanation
Electronic Theatre Controls, Inc., headquartered in Middleton, Wisconsin, sponsors a corporate giving office which awards philanthropic equipment grants each year. Southwest High School would like to submit a proposal for $10,000 in product donation, including fixtures and accessories. The updates will contribute to a greener and more energy efficient building as well as improve Southwest’s auditorium.

Proposal
That the Board approve the submission of a grant application by Southwest High School to Electronic Theatre Controls, Inc. for $10,000 in lighting equipment and bulbs for its auditorium.  No matching funds are required by Lincoln Public Schools.

The application due date is September 30, 2016.

11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
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 August 31, 2016, is attached.

Proposal

Information item; no Board action required.
Attachments:
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale: 

September 28
TCA Joint Board Meeting, 8:00 am, TCA
Chamber Public Policy Forum, 8:00 am, Chamber Office

October 5 - Chamber Coffee, 8:00 am, Chamber office

October 9 - Nuernberger Education Center Dedication, 2:00 pm

October 11 - 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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