Public Meeting Agenda: October 11, 2016 at 6:00 PM - Board of Education Regular Meeting

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October 11, 2016 at 6:00 PM - Board of Education Regular Meeting Agenda

October 11, 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. CLC Lights On Presentation
Rationale:  Suzi Stout the School Community Coordinator for Park CLC

Fernanda Islas - Belmont CLC
Princess Hayden - Goodrich CLC
Bernice Hayden - Goodrich Parent
6.2. TeamMates
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 – 3

             Changes of Status – 8

             Leaves of Absence – 15

             Separations – 2

   b.  Substitute Certificated Employees:

             Elections – 44

             Separations – 4

   c.  Classified Employees:

             Elections – 49

             Changes of Status – 6

             Separations – 24

   d.  Other:

            Civic Leaves – 1

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 October 11, 2016, were previously provided.                   
Federal Tax ACH Deposit of $5,673,448.88.                   

Procurement Card ACH Transfer of $128,424.05.                   

Office Depot ACH Transfer of $9,339.07.                   

Vendor ACH Transfer of $138,841.88.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending September 30, 2016, in the amount of $14,761,982.91.

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 playground modifications at Huntington; an agreement to provide services at Educare; professional development and software subscriptions for sixth and seventh graders; an agreement for a Family Partner staff person; the provision of recycling sites at East and North Star; an agreement to place Educational Professionals within the Early Childhood Program; 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 October 11, 2016.

b.  Payroll for the period ending September 30, 2016.

c.  Gifts for Eastridge and the district.

d.  Bids/contracts/other routine business for playground modifications at Huntington; an agreement to provide services at Educare; professional development and software subscriptions for sixth and seventh graders; an agreement for a Family Partner staff person; the provision of recycling sites at East and North Star; an agreement to place Educational Professionals within the Early Childhood Program; 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 274087 and 413126 (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.

8.4. Late Request for Enrollment Option Out 2016-17
Rationale: 

March 15, 2016, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2016-17 school year.  The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).      

Explanation 
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2016, deadline.  The Lincoln Public Schools Board of Education may deny or approve these requests.  If these requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.    

Student Number            Option District
415848                                 Norris
415849                                 Norris 
415850                                 Norris
415851                                 Norris
416041                                 Raymond Central                                 

Proposal 
That the Board approves the requests for option out for the 2016-17 school year.

8.5. Enrollment of Expelled Student
Rationale: 

Lincoln Public Schools regulation 5460.1 and Nebraska state law provides that if a student has been expelled from any public or private school, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired, unless the Lincoln Board of Education approves by a majority vote the enrollment of such student prior to expiration of the expulsion period.  Student numbers 402543 and 221222 (for purposes of confidentiality, assigned numbers are being used) have filed the proper applications and have requested enrollment.       

Explanation  
The Department of Student Services has reviewed the applications and the background information on the students and is recommending that the applications be approved and that the students be enrolled in the Lincoln Public Schools Expelled Student Program for the remainder of this school year, subject to such terms and conditions as imposed by the Director of Student Services and all program rules and regulations until the term or time period of the original underlying expulsion is completed.      

Proposal 
That the Board approves the applications and all recommendations of the Department of Student Services.

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. Wheelchair School Buses #8737
Rationale: 
Proposals were requested from interested vendors to purchase seven wheelchair school buses for use by the Transportation Department.  Four buses would be replacement to the fleet and three would be an addition to the fleet.

Explanation
It is recommended that award be made to:

Cornhusker International (Lincoln, Nebraska)                                                   $744,570.00

There were two other proposals:

Nebraska Central Equipment (Grand Island, Nebraska)                                                 $765,492.00
Truck Center Companies (Lincoln, Nebraska)                                                                $771,439.00

A complete proposal tabulation is available in the Purchasing Office.

This will be an expenditure of $744,570.00 from the Depreciation Fund.

Proposal
That the Board discuss the proposed award to Cornhusker International.  The Board, by approving this agenda item, is approving the purchase order and purchase from Cornhusker International according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Director Transportation, or a designee, and the Board is hereby delegating to and authorizing the Director of Transportation, or a designee, to take possession of the property and to sign, execute, and deliver all necessary contract 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, administer, and implement the stated purchase order and the purchase transaction as contemplated thereby, for and on behalf of this school district.

9.2.2. 84-Passenger School Buses #8738
Rationale: 
Proposals were requested from interested vendors to purchase five 84-passenger school buses for use by the Transportation Department.  These buses would be a replacement to the fleet.

Explanation
It is recommended that award be made to:

Nebraska Central Equipment (Grand Island, Nebraska)                            $646,295.00

There was one other proposal:

Truck Center Companies (Lincoln, Nebraska)                                                        $671,060.00

A complete proposal tabulation is available in the Purchasing Office.

This will be an expenditure of $646,295.00 from the Depreciation Fund.

Proposal
That the Board discuss the proposed award to Nebraska Central Equipment.  The Board, by approving this agenda item, is approving the purchase order and purchase from Truck Center Companies according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Director Transportation, or a designee, and the Board is hereby delegating to and authorizing the Director of Transportation, or a designee, to take possession of the property and to sign, execute, and deliver all necessary contract 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, administer, and implement the stated purchase order and the purchase transaction as contemplated thereby, for and on behalf of this school district.

10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. 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 approve proposed changes to the Legislative Guidelines.

Attachments:
10.1.2. 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 approve proposed changes to Policy 3001.

Attachments:
10.1.3. 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 approve proposed changes to Policy 5119.

Attachments:
10.1.4. 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 approve proposed changes to Policy 8350.

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

The function of the regular meetings of the Lincoln Board of Education is to conduct the business of Lincoln Public Schools, 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 President during the Public Comment agenda item of Board of Education meetings.

Proposal

That the Board approve proposed changes to Policy 8420.

Attachments:
10.1.6. 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 approve proposed changes to Policy 8441.

Attachments:
10.2. From the Superintendent
11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.1.1. Summer School Update
Attachments:
13.2. From The Career Academy
13.3. From the Superintendent
13.3.1. Superintendent Update
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale: 

October 12:
Face the Chamber, 12:00 pm, Country Club of Lincoln
NASB Area Membership Meeting, 5:00 pm, Omaha

October 20: Lights On After School, 5:30 pm, Goodrich Middle School

October 24: District Wide PTO, 7:00 pm, LPSDO

October 25: 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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