Public Meeting Agenda: May 8, 2012 at 6:00 PM - Board of Education Regular Meeting

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May 8, 2012 at 6:00 PM - Board of Education Regular Meeting Agenda

May 8, 2012 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. PUBLIC HEARING ON STUDENT FEES POLICY 5520 AND PARENTAL INVOLVEMENT POLICY 6443
6. 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:
7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
7.1. BackPack Program and BackPack Extra Mile Update
8. 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.
9. CONSENT AGENDA
Rationale: 
9.1. 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 – 6
               Changes of Status – 1 (John P. Neal, current Director of Secondary Education, to Assistant to the
                                                          Superintendent for Governmental Relations and General Administration replacing Mary
                                                          M. Campbell.  New salary will be $153,000.00.)
               Separations – 1
   b.  Certificated Employees:
               Elections – 2
               Changes of Status – 1
               Leaves of Absence – 14
               Separations – 26
   c.  Substitute Certificated Employees:
               Elections – 9
               Separations – 3
   d.  Classifieded Employees:
               Elections – 32
               Changes of Status – 5
               Leaves of Absence – 1
               Separations – 28
   e.  Other:
               Civic Leaves – 2
    f.   Board Resolution regarding recognition of Lincoln Nutrition Services Workers Association as the official bargaining
         agent for 2012-2013.
    g.  Approval of a tort claim settlement.

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 her designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or her 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.

9.2. 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 periods ending May 8, 2012, were previously provided.

       Insurance ACH Transfer of $10,970.20.

       Federal Tax ACH Deposit of $4,658,468.73.

       Retirement ACH Transfer of $3,653,573.10.

       State Tax ACH Deposit of $718,829.05.

       State Diesel Tax ACH Deposit of $17,279.00.

       Procurement Card ACH Transfer of $152,868.40.

       Office Depot ACH Transfer of $40,895.56.

       Vendor ACH Transfer of $51,066.14.

b.    PAYROLL FOR RATIFICATION – Payroll for the periods ending April 4, April 13, and April 30, 2012, in
       the amount of $13,648,791.21.

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

d.    BIDS/CONTRACTS – Bids/contracts will be presented for approval for physical exams, drug and alcohol testing, and post-offer physicals and recertification for bus drivers and bus paraeducators; treatment of work related injuries, post-offer physical screens, physical exams, safe work programs, and health related services for non-transportation employees; Apple computers for elementary media centers;  classroom furniture; elementary reading textbooks and materials for K-6 pilot; demolition and
construction of the Donald D. Sherrill Education Center replacement facility; Nutrition Services small
equipment; Nutrition Services large equipment; an agreement with Lincoln Medical Education Partnership for School Community Intervention Program; an agreement with OZANA/BIST for summer
professional development training; library media materials for Kloefkorn and Roper elementary
schools; Gale Cengage Learning online database subscription renewal; an interlocal agreement with
Lincoln-Lancaster County Health Department for the summer feeding program; and any other bids and
contracts as presented.

Proposal

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

a.    The regular claims for periods ending May 8, 2012.

b.    Payroll for the periods ending April 4, April 13, and April 30, 2012.

c.    Gifts for Beattie, Eastridge, Kahoa, Kooser, Lefler, Lincoln High, Mickle, Northeast, Pershing, Randolph, Scott, Southeast, and the district.

d.    Bids/contracts for physical exams, drug and alcohol testing, and post-offer physicals and recertification for bus drivers and bus paraeducators; treatment of work related injuries, post-offer physical screens, physical exams, safe work programs, and health related services for non-transportation employees; Apple computers for elementary media centers; classroom furniture; elementary reading textbooks and materials for K-6 pilot; demolition and construction of the Donald D. Sherrill Education Center replacement facility; Nutrition Services small equipment; Nutrition Services large equipment; an agreement with Lincoln Medical Education Partnership for School Community Intervention Program; an agreement with OZANA/BIST for summer professional development training; library media materials for Kloefkorn and Roper elementary schools; Gale Cengage Learning online database subscription renewal; an interlocal agreement with Lincoln-Lancaster County Health Department for the summer feeding program;  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:
9.3. 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 276604, 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 276604 (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 276604, 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:
9.4. Option 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 193169, 178630, 256442, and 289076 (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:
9.5. Title VII, Indian Education Program
Rationale:  The U.S. Department of Education through Title VII of the ESEA provides funds to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. These funds support the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children. The purpose of this program is to support American Indian and Alaska Native students in meeting the same challenging State student academic achievement standards as all other students are expected to meet. The district has received federal funds for services for Native American students since the mid-1980s.

Explanation


Lincoln Public Schools Indian Education program will provide support to 531 Native American students in grades PK-12 in the 2012-13 school year.  Native American students are enrolled in all schools across the district representing about 50 tribes as designated by the parent.  The funding from federal grants specifically for Native American students is $132,847.  Decisions regarding the use of these funds are made in consultation with the Indian Parent Advisory Committee.  Membership is open to parents of students who have signed a 506 Form as specified in the grant funding requirements under Title VII as well as students and educators.

Proposal

That the Board approve submission of this one-year Indian Education grant application to the U.S. Department of Education for $132,847.  No matching funds are required.

10. 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.
10.1. From Board Committees
10.2. From the Superintendent
10.2.1. Student Fees Policy: 5520
Rationale:  The Nebraska Legislature adopted LB249, an amendment to the Student Fee Authorization Action, in 2003.  The statute defines purposes for which student fees may and may not be collected by public schools in Nebraska.  The act further requires boards of education to adopt a policy on student fees by August 1 of each year, including a list of fees and/or specific materials that students will be required to pay or provide.  The policy is to be adopted following a public hearing on the proposed policy.

Explanation


Staff is recommending changes in meal costs and activity tickets.

The policy on student fees (Attachment One), including the list in Appendix 1, and the application for fee waiver (Attachment Two) will be distributed to students and families in the Important Information Handbook.  Attachment three includes information regarding fees paid or collected through the fee waiver process. 

Proposal

That the Board discuss changes to the Student Fees Policy.
Attachments:
10.2.2. Parental Involvement Policy: 6443
Rationale:  Policy 6443 on Parental Involvement was adopted by the Board of Education on May 23, 1995, in compliance with the specific provisions in State Statute 79-4, 242, et.seq.  The statute further provides that “the policy shall be reviewed annually and either altered and adopted as altered or reaffirmed by the Board following a public hearing.” 

Federal legislation (No Child Left Behind) requires additional language related to parents of children in Title I Schools.   Regulation 6443.1 meets the federal legislative requirement.

Explanation

Policy 6443 (Attachment One) was developed with input from parents on the Community Curriculum Council and the Title I Parents Advisory Council.  No questions or concerns have been raised about the parental involvement policy by either parents or school staff during the year.

The language in Regulation 6443.1 (Attachment Two) is taken directly from the federal statutes and is provided for the Board’s information.

Proposal

That the Board discuss Policy 6443 on Parental Involvement in Title I Schools. 

Attachments:
10.2.3. Student School Calendar Variables
Rationale:  Each year a joint LPS/LEA committee, composed of parents, education association leaders, teachers and administrators, recommends a student calendar for the Board’s consideration based on the application of the calendar variables.  Last year, the Board requested that the calendar variables be revisited and updated as necessary.

Last year the Board of Education approved the 2012-13 calendar.  In approving the calendar, Board members requested that the calendar variables be updated.  It was noted that some of the calendar variables were out-of-date and some were even contradictory.  During the winter and spring of the this year, the calendar variables were reviewed and revised to match the current instructional needs of the district and the flexibility needs of the Lincoln Public Schools
families.  The updated final list is included for Board discussion.


Proposal

That the Board discuss and approve the proposed student school calendar variables.
10.2.4. Student School Calendars for 2013-14 and 2014-15
Rationale:  Each year a joint LPS/LEA committee, composed of parents, education association leaders, teachers and administrators, recommends a student calendar for the Board’s consideration.  It has been the policy of the Board to adopt calendars two years in advance to assist students, parents, and district personnel in planning.  Last year the Board approved a calendar for the 2012-13 school year.

Explanation

Last year, the Board of Education approved the 2012-13 calendar that included a number of changes to the school calendar first adopted in the 2011-12 school calendar.  The changes included in the 2011-12 have received positive responses from the staff and families.  Included in this recommendation is the continuation of the template originally devised for 2011-12 and approved again for 2012-13.  The Calendar Committee believes that the calendars approved for 2011-12 and 2012-13 strike an effective balance of instructional days for students, allowances for annual assessments, and the needs of families.  With this in mind, the Calendar Committee, following the same calendar conditions and variables that led to the development of those calendars has prepared student calendar recommendations for both the 2013-14 and 2014-15 school years. Beginning the process of approving calendars two years in advance will allow staff and families to more confidently make advanced instructional and family plans.

Proposal

That the Board discuss the proposed student calendars for the 2013-14 and 2014-15 school years.
11. SECOND READING, RECOMMENDED FOR ACTION
11.1. From Board Committees
11.1.1. Policy Revision 6441
Rationale:  Board policies are regularly reviewed to assure consistency with changes in federal or state statutes or administrative directives or recommended changes in district practice.  The board’s policy review committee has recently completed a review of the policy listed in this agenda item.

Explanation
  • Policy 6441, Technology Resources and Internet Safety Policy.  This policy revision allows that students shall be educated about appropriate online behavior, including interacting with others on social networking websites and in chat rooms, and cyberbullying awareness and response.  This sentence is added to bring the existing policy into compliance with new requirements of the Children’s Internet Protection Act.

Board members discussed this policy at their April 10 meeting.  

Proposal

That the Board approve the recommended policy revision.
Attachments:
11.2. From the Superintendent
11.2.1. Item(s) Removed from Consent Agenda
11.2.2. Expedited/Emergency Actions
12. INFORMATIONAL ITEMS/REPORTS
12.1. From Board Committees
12.2. From the Superintendent
12.2.1. 2011-12 Parent Survey Results
Rationale:  Each year as part of the principal appraisal process, telephone surveys are administered to a random sample of parents of LPS students.  The surveys are conducted by the ESU 18 Assessment and Evaluation Team.  School level reports are prepared for the principals going through the appraisal process.  A composite district report is also prepared and the highlights of the surveys are included in the district’s Annual Report to the public. 

Explanation

The 2011-12 parent survey was the 28th year that parents had been surveyed as part of the principal appraisal process.  The first survey was conducted during the 1983-84 school year and a survey has been conducted every year since except for 1986-87.  Technically the survey is not a district survey.  The district results are a composite of independent school surveys that are conducted throughout the year.  The school results are based on random samples of parents/guardians from that school.  District results are approximated by combining the school results.  A true district survey would involve surveying a random sample of district parents in a more compressed time frame.  The mix of schools varies from year to year depending upon the appraisal cycle.  However, the composite district results are fairly consistent from year to year and appear to be reliable indicators of parent attitudes and opinions district-wide.

Fourteen principals went through the appraisal process during the 2011-12 school year.  The fourteen included nine (9) elementary principals and five (5) middle school principals.  The initial composite sample for the parent surveys in the fourteen schools consisted of 1,240 families.  At least three attempts were made to contact each family.  Nine hundred seventy-three (973) parents were contacted during the survey period (one-week per school from November through February).  Two hundred sixty-seven (267) families could not be contacted for various reasons including (172) no answer, (37) phone numbers were removed, (26) wrong numbers and (32) the family spoke a language for which no interpreter was available.  Another 83 families were contacted and then eliminated from the sample.  Seven (7) families no longer had children in the school of interest.  Seventy-one (71) families declined to be interviewed.  The 71 families that declined to be interviewed represent a 7.3 percent refusal rate. Most of the interviews were conducted in English; however, interviews were also conducted by interpreters in Spanish (72), Vietnamese (23), Arabic (10), Ukrainian (7), Kurdish (4), French (2), Farsi (1), Russian (1), and Urdu (1).  A total of 890 interviews were completed.

Questions on the parent survey that relate to parent knowledge of or satisfaction with the school are included in the report.  Detailed 2011-12 parent survey results are presented in Attachment 1.  A five-year history of results on selected items on the survey is presented in Attachment 2. 

Proposal

This is an information report; no Board action is required. 

 

Attachments:
12.2.2. Monthly Financial Report
Rationale: 

At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.  Because there was only one Board meeting in April, the March 31, 2012, report is presented at the first Board meeting in May.

Explanation

The monthly financial report for the month ending March 31, 2012, is attached.

Proposal

Information item; no Board action required.

Attachments:
12.2.3. Superintendent Update
Rationale: 
  • This is Teacher Appreciation Week
  • Boston Update from Board Members
13. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  Monday, May 21
7:00 p.m. -  Board Organizational Meeting at Hawthorne

Tuesday, May 22
5:00 p.m. - Elliott Playground and Park Dedication at Elliott Elementary School
6:00 p.m. - Board Meeting
14. 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.
15. REQUEST FOR CLOSED SESSION
15.1. 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.

16. ADJOURNMENT
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