Public Meeting Agenda: March 9, 2012 at 8:00 AM - Board of Education Special Meeting

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March 9, 2012 at 8:00 AM - Board of Education Special Meeting Agenda

March 9, 2012 at 8:00 AM - Board of Education Special 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
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
7. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, 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.
8. CONSENT AGENDA
Rationale: 
8.1. 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 item included in routine business for this meeting is:

    a.  Bids/contracts for site work for the Lincoln Public Schools District Office; weight
         training equipment for Northeast High School; and any other bids and contracts as
         presented.

Proposal:

That the Lincoln Board of Education approve the following item of routine business:*

  1. Bids/contracts for site work for the Lincoln Public Schools District Office; weight training equipment for Northeast High School; and any other bids and contracts as presented.

*That the Board is approving routine business and the listed bids and contracts with the information and in the form as presented, and except as to amount bid or total contract price, in such other form as may be approved by the Associate Superintendent for Business Affairs, or his designee, and that the Board hereby authorizes the Associate Superintendent for Business Affairs, or his designee, 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 the transaction as contemplated, for and on behalf of this school district.

Attachments:
8.2. Late Option Enrollment Student Applications for 2011-12: Recommend Approval
Rationale:  On March 8, 2011, the Board adopted a resolution to accept option students for the 2011-12 school year.  One of the provisions of the resolution was that applications were to be received by August 12, 2011.  In the resolution, standards were also adopted for acceptance of students whose applications were filed after the August 12, 2011, deadline.  Those standards include the circumstances in which the student is currently enrolled or has been enrolled within the past year in the Lincoln Public Schools, or the student is a sibling of a currently-enrolled student.

Explanation

An application for option enrollment for the 2011-12 school year has been received after the August 12, 2011, deadline for student number 272765 who is currently enrolled in the Lincoln Public Schools.  Staff recommends the application, for option enrollment be approved.

Proposal

That the Board adopt the following resolution:

WHEREAS the student who has been assigned student number 272765 (for purposes of confidentiality, an assigned number is being used) has filed application for option enrollment after the August 12, 2011, deadline; and,

WHEREAS the student number 272765 who is currently enrolled in the Lincoln Public Schools, meets the criteria of a late-filed application as set forth in the Board resolution of March 8, 2011,

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:
8.3. Option In Enrollment Student Applications for 2012-13
Rationale:  On January 24, 2012, the Board adopted a resolution to accept option students for the 2012-13 school year.  Applications have been received from students requesting that they be accepted as option students for the 2012-13 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 January 24, 2012.

Explanation

Staff has examined the applications of the students included in this proposal.  The students meet all of the criteria set forth by the Board in its resolution of January 24, 2012.  Staff recommends approval of these applications.


Proposal

That the Board adopt the following resolution:

WHEREAS the students who have been assigned student numbers 255969, 288195, 288196, 288371, 288390, and 189886 (for purposes of confidentiality, assigned numbers are being used) meet all criteria of the Board resolution of January 24, 2012, 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
9.1.1. Real Estate Sale and Conveyance and LPSDO Site Development and Improvement Documents and Agreements
Rationale: 

The Lincoln Public Schools District Office (LPSDO) was totally destroyed by fire on
May 30, 2011.  Since then the Board has held several meetings and engaged the public in a process of transcending the flames which culminated at its October 25, 2011, meeting in selection of the 59th and O Street site as the location of the new LPSDO.  On November 8, 2011, the Board approved a request for proposals (RFP) process asking for proposals on development of the LPSDO site.  On December 12, 2011, the Board approved preliminary planning parameters for the new LPSDO facility.  Finally, in accordance with the RFP, on January 10, 2012, the Board selected Continuum Partners as developer for the balance of the LPSDO site.  The Board action was subject to timely and successful negotiations of all necessary agreements for the project to be approved by the Board. 


Explanation:

Staff has negotiated the necessary documents for the project and the Purchase and Sale Agreement, Site Development Agreement, and the Operations, Maintenance and Easement Agreement and Covenants, Conditions and Restrictions are attached for Board consideration.  Staff recommends approval.  This transaction will result in a sale and encumbering of District property.  A two-thirds vote (5 of 7) is required by law.


Proposal:

The Board of Education discuss the following resolution:

BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, (LPS or District), that any inconsistent policies with this action are hereby waived and/or suspended and that the Purchase and Sale Agreement (PSA), Site Development Agreement (SDA), Operations, Maintenance and Easement Agreement and Covenants, Conditions and Restrictions (OMEC), the program statement and all other related construction and development documents as presented and in the form on file with official LPS records, and except as to the Contract Price in the PSA with such changes as are approved by the Associate Superintendent of Business Affairs, should be and are hereby authorized and approved;

BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or his designee for and on behalf of the District should be and is hereby authorized and directed to sign, execute, and deliver such agreements and any related LPSDO site or development documents, easements, covenants, or contracts called for in such agreements or determined to be in the best interest of the District in order to complete the development, for and on behalf of LPS, and is further hereby authorized and directed to close the real estate sale, and to convey, execute and deliver any necessary deed(s), easements, covenants or other property interest rights or interests under such agreements or in the development of the described property according to the agreements, and is authorized and directed to retain any necessary professionals for assistance, to pay all costs and expenses, and to take or cause to be taken all other action necessary or appropriate to develop the described property and pay all development costs and expenses as provided therein according to such agreements or any approved changes thereto in order to complete the development transaction(s) or the LPSDO site as so provided.

 

Attachments:
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
10.2.1. Item(s) Removed from Consent Agenda
10.2.2. Expedited/Emergency Actions
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.2. From the Superintendent
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
13. PUBLIC COMMENT
14. REQUEST FOR CLOSED SESSION
14.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, 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.

15. ADJOURNMENT
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