Public Meeting Agenda: April 11, 2017 at 6:00 PM - Board of Education Regular Meeting

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April 11, 2017 at 6:00 PM - Board of Education Regular Meeting Agenda

April 11, 2017 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. Foundation for Lincoln Public Schools Update
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • A time limit of five minutes will be allotted for any speaker.  At the discretion of the chair, the speaker may be allotted additional time.  Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • 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.
  • 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, require a change in behavior and may require the person or persons to leave the premises of the Board meeting. 
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.  Administrator Certificated Employees:

             Elections – 3

             Changes of Status – 1

  b.  Certificated Employees:

             Leaves of Absence – 1

             Separations – 20

  c.  Substitute Certificated Employees:

             Elections – 10

             Changes of Status – 1

             Separations – 22

  d.  Classified Employees:

             Elections – 24

             Separations – 18

  e.  Other:

             Employment of Family Member –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 April 11, 2017, were previously provided.                   

Federal Tax ACH Deposit of $5,784,070.33.                   

Procurement Card ACH Transfer of $88,741.40.                   

Child Support ACH Transfer of $18,422.48.                   

Office Depot ACH Transfer of $26,522.87.                   

Blue Cross/Blue Shield ACH Transfer of $4,333,311.68.                   

Vendor ACH Transfer of $44,070.70.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending March 31, 2017, in the amount of $15,053,146.28.

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 differentiated chemistry textbooks; science tables for Moore Middle School; network switches; Rule 4 textbooks; musical equipment and supplies; wireless access points; small equipment for Nutrition Services; food for the summer feeding program; Apple computers and iPads for Moore Middle School; computing device management software; the purchase of a parcel of land; granting an easement at Irving Middle School; lease of space at the professional learning center and Nutrition Services distribution center; electronic access control upgrades; a lease agreement for a cellular communications facility; the implementation of a pilot cooperative graduation incentive; 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 April 11, 2017.

b.  Payroll for the period ending March 31, 2017, 2017.

c.  Gifts for Eastridge and the district.

d.  Bids/contracts/other routine business for the purchase of differentiated chemistry textbooks; science tables for Moore Middle School; network switches; Rule 4 textbooks; musical equipment and supplies; wireless access points; small equipment for Nutrition Services; food for the summer feeding program; Apple computers and iPads for Moore Middle School; computing device management software; the purchase of a parcel of land; granting an easement at Irving Middle School; lease of space at the professional learning center and Nutrition Services distribution center; electronic access control upgrades; a lease agreement for a cellular communications facility; the implementation of a pilot cooperative graduation incentive; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
8.3. Option Enrollment Student Application for 2017-18
Rationale: 

On February 14, 2017, the Board adopted a resolution to accept option enrollment students for the 2017-18 school year.  Applications for enrollment during the 2017-18 school year have been received and are in compliance with the Board resolution of February 14, 2017.      

Explanation
The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of February 14, 2017.  Staff recommends approval of the application.  

Proposal   
That the Board adopts the following resolution:

WHEREAS, the student who has been assigned student number 223574 (for purposes of confidentiality, an assigned number is being used) meets one or more of the criteria of the Board resolution of February 14, 2017, with regard to such option student;

THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as an option student 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:
8.4. Late Request for Enrollment Option Out 2017-18
Rationale: 

March 15, 2017, 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 2017-18 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 
A request from a student who resides in the district of Lincoln Public Schools and wishes to attend school outside of Lincoln Public Schools has been received after the March 15, 2017, deadline.  The Lincoln Public Schools Board of Education may deny or approve this request.  If this request is approved by the Board of Education, it will be forwarded to the option school district for their approval.    

Student Number            Option District
418978                                 Norris                                                                     

Proposal 
That the Board approves the request for option out for the 2017-18 school year.

8.5. Enrollment of Expelled Students
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 418898, 419281 and 419282 (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. Tuition Charges for 2017-18
Rationale: 
Each year, the Business Affairs Office makes recommendations to the Board of Education for tuition charges for regular and special education programs.  This is done in accordance with Policy 3300 and Regulation 3300.1. 

Explanation
The following is the recommendation for tuition charges for the 2017-18 school year for the programs noted.  The rates are intended to recover the district’s anticipated actual costs for the 2017-18 school year.

Regular Instructional Program:

2017-18 Rates
                                             Per Year                   Per Semester               Per Day           
Grades K-6                        $  9,100.00                     $4,550.00                 $51.70           
Grades 7-8                        $10,950.00                     $5,475.00                 $60.83           
Grades 9-12                      $12,750.00                     $6,375.00                 $70.83           

Based on 176 days elementary and 180 days secondary.

Specialized Services for Special Education Programs: Special education tuition rates will be determined using the calculation provided by the Nebraska Department of Education.  The rate will include Lincoln Public Schools’ cost per student calculated pursuant to Neb. Rev. Stat. 79-598(3) plus Lincoln Public Schools’ average cost per student for special education services adjusted upward for students receiving an even more intense program.

Proposal
That the Board discuss the proposed tuition rates.
9.2.2. Math Expressions Curriculum Materials #8918
Rationale: 

Math Expressions is a blended (mix of print and digital resources), research-based curriculum that develops procedural fluency from conceptual understanding.  The program is strongly aligned with Nebraska state math standards and is well-aligned to best practices in mathematics education and the district's instructional framework.  This curriculum was selected by a committee of teachers, administrators, university faculty, and parents after a year-long curriculum study during the 2015-16 school year.

Explanation
It is recommended that award be made to Houghton Mifflin Harcourt for the purchase of Math Expressions curriculum materials to be used in grades K-5 at all elementary locations beginning the 2017-18 school year.

Houghton Mifflin Harcourt (Geneva, Illinois)                                                    $4,177,333.65

This purchase includes a digital subscription and a workbook subscription that will replace the yearly purchase of workbooks for K-2 for the next seven years.

This will be an expenditure of $4,177,333.65 from the General Fund and the Depreciation Fund.

Proposal
That the Board discuss this award to Houghton Mifflin Harcourt.  The Board, by approving this purchase with Houghton Mifflin Harcourt, hereby designates the Director of Curriculum 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 purchase order.

10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. Superintendent Evaluation Instrument and Procedures
Rationale: 

Annually, an evaluation of the Superintendent is prepared by the Board along with leadership goals/job targets. 

Explanation

The Board and Superintendent have worked to modify the instrument and procedure to better facilitate the process and to conform to current practice.

Proposal

That the Board approve the revised Superintendent Evaluation Instrument and procedures.

Attachments:
10.1.2. Policy Updates
Rationale: 

Periodically, policies are reviewed and updated.  The Board identified the policies applying to the superintendent’s evaluation in need of review.

Explanation

Policies 8350, 2112, and 2113 apply to the superintendent’s evaluation and have been updated to reflect more effective practices. 

Proposal

That the Board approve Policies 8350, 2112, and 2113.

Attachments:
10.1.3. Naming Professional Learning Facility and Nutrition Services Facility
Rationale: 
As directed by Policy 3997 and Regulation 3997.1, a committee of seven (7) community members (Nick Dean, Brendan Evans, Susan Musick, Tom Rempel, Becki Wise, Cindy Ryman Yost, and Kelly Zoz) and three (3) Board members (Kathy Danek, chair; Don Mayhew and Matt Schulte) solicited and reviewed suggestions for names of the Professional Learning facility and Nutrition Services facility at 710 Hill Street.  The facility will include a professional learning center and the nutrition services freezer, cooler, and dry storage.  The committee met December 7, 2016, to discuss the submissions and make a recommendation to the Board.

Explanation
The committee unanimously recommended that the Professional Learning Center be named the Don Clifton Professional Learning Center.  Don Clifton exhibited a passion for professional learning and development of individual strengths.  He was an authentic leader who valued people and inspired success.  The Clifton philosophy aligns well with the learning mission of the Lincoln Public Schools and this innovative space for all of our staff.

The committee unanimously recommended that the nutrition services freezer, cooler, and dry storage space be named the Nutrition Services Distribution Center.  This facility will be critical in supporting LPS Nutrition Services.  On any given day, the LPS Nutrition Services program serves 7,200 breakfasts, 26,400 lunches, 3,200 snacks, and 150 dinners.

Proposal
That the Board thank the community members of the Naming Committee for their thoughtful service, and that the Board approve the committee’s recommendations:  Don Clifton Professional Learning Center and the Nutrition Services Distribution Center.
10.2. From the Superintendent
10.2.1. Indoor Air Quality at Belmont Elementary School #8768
Rationale: 

Sealed proposals were requested from interested vendors for the Belmont Indoor Air Quality (IAQ) construction project.  Project will consist of Indoor Air Quality Improvements and be multiple phased.

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

Sampson Construction Co., Inc. (Lincoln, Nebraska)                     $7,575,000.00

Bid results:

Sampson Construction Co., Inc. (Lincoln, Nebraska)                      $7,575,000.00  
Rogge General Contractors, Inc. (Lincoln, Nebraska)                      $8,480,000.00

A complete tabulation is available in the Purchasing Office.

This will be an expenditure of $7,575,000.00 from the Bond Fund.

Proposal
That the Board approve this award to Sampson Construction Co., Inc.  The Board, by approving this agreement with Sampson Construction Co., Inc., 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 Operations, 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. District Management Council Update
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: 

April 12:
TCA Joint Board Meeting, 8:00 am, TCA
Face the Chamber, 12:00 pm, Country Club of Lincoln

April 19: GNSA Meeting, 9:30 am, NCSA

April 20: Inspire Awards, 6:00 pm, North Star High School

April 24: 2Gen Family Literacy & Impact Program Recognition

April 25:
Board Work Session, 4:30 pm, LPSDO
Board Meeting, 6:00 pm, LPSDO
TCA Senior Recognition, 7:00 pm, TCA
15. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • A time limit of five minutes will be allotted for any speaker.  At the discretion of the chair, the speaker may be allotted additional time.  Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  • Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  • If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  • 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.
  • 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, require a change in behavior and may require the person or persons to leave the premises of the Board meeting. 
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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