Public Meeting Agenda: September 25, 2012 at 6:00 PM - Board of Education Regular Meeting

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September 25, 2012 at 6:00 PM - Board of Education Regular Meeting Agenda

September 25, 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. 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
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. 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 – 2
   b.  Certificated Employees:
             Elections – 9
             Changes of Status – 8
             Leaves of Absence – 8
   c.  Substitute Certificated Employees:
             Elections – 20
             Separations – 6
   d.  Classified Employees:
             Elections – 53
             Changes of Status – 5
             Leaves of Absence – 2
             Separations – 79
   e.  Other:
             Civic Leaves – 1
             Workers’ Compensation Lump Sum Settlements – 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 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.

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 periods ending September 25, 2012, were previously provided.

       Federal Tax ACH Deposit of $69,252.03.

       State Income Tax ACH Deposit of $685,588.28.

       Insurance ACH Transfer of $146.37.

       Procurement Card ACH Transfer of $88,215.91.

       Office Depot ACH Transfer of $15,156.47.

       Retirement ACH Transfer of $3,521,724.07.

       Vendor ACH Transfer of $4,541.74.

b.    PAYROLL FOR RATIFICATION – Payroll for the periods ending September 6 and September 14, 2012, in the amount of $294,338,47.

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 laptop computers for elementary schools; laptop carts for elementary schools; an agreement with OZANAM/BIST for the 2012-13 school year; an agreement with Solution Tree, Inc. and Elliott Elementary; class action determinations, Wachovia, and other settlements; 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 periods ending September 25, 2012.

b.    Payroll for the periods ending September 6 and September 14, 2012.

c.    Gifts for Kahoa, Morley, and Roper.

d.    Bids/contracts/other routine business for laptop computers for elementary schools; laptop carts for elementary schools; an agreement with OZANAM/BIST for the 2012-13 school year; an agreement with Solution Tree, Inc. and Elliott Elementary; class action determinations, Wachovia, and other settlements; and any other bids/contracts/routine business 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:
8.3. 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 290903 and 291736  (for purposes of confidentiality we are using assigned numbers) 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 are 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 expulsions are completed.

Proposal

That the Board approve the applications and recommendations of the Department of Student Services.

 

8.4. Late Request for Enrollment Option Out 2012-13
Rationale:  March 15, 2012, 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 2012-13 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 Lincoln Public Schools District and wishes to attend school outside of the Lincoln Public Schools District has been received after the March 15, 2012, 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

                                     291998                                                   Norris


Proposal
That the Board approve this request for option out for the 2012-13 school year. 

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
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. 2012-13 Lincoln Public Schools Property Tax Request - Second reading
Rationale:  A hearing was held on September 11, 2012, as to whether the Board of Education should approve or modify the preliminary property tax request for Lancaster County School District 001 – Lincoln Public Schools (Attachment One).

Explanation
The 2012-13 budget of Lincoln Public Schools was adopted on August 28, 2012.  According to state law Section 77-1601.02, the preliminary tax request for the district shall be the property tax request from the prior year, unless the school district holds a hearing and sets the property tax request at a different amount.  The prior year’s property tax request would not correctly fund the 2012-13 budget, which has already been formally adopted by the Board of Education.  Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the final property tax rates for 2012-13.

Staff recommends that the following resolution be adopted so that the 2012-13 budget may be funded as adopted.  A simple majority vote is required.

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

THEREFORE BE IT RESOLVED that the Board of Education of Lancaster County School District 001 hereby sets the district’s 2012-13 property tax request at a different amount from that of the 2011-12 fiscal year and that, pursuant to State Law Sections 79-1601.02, 79-1085, and other Nebraska laws, does hereby set the 2012-13 Lincoln Public Schools property tax request, including the county’s collection fee and any delinquent tax allowances, as follows:

 
General Fund
 
$180,130,930.52
Building Fund   
0
Bond Fund for Bonds Authorized Prior to 1999  11,009.09
Bond Fund for High School Bonds Authorized in 1999   5,738,704.99
Bond Fund for Bonds Authorized in 2006   21,733,690.70
Qualified Capital Purpose Undertaking Fund   5,282,771.66
Total Lincoln Public Schools Tax Request   $212,897,106.96

and THEREFORE BE IT FURTHER RESOLVED that if updated valuation, budget, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601, 79-1085, and other Nebraska laws.



Attachments:
10.2. From the Superintendent
10.2.1. Proposed Agreement With Paraeducators
Rationale: 
The Board of Education has recognized the Lincoln Paraeducators Association and Ken Babcock negotiated with this group.  A tentative agreement with the group has been reached.

Explanation

The tentative agreement for the group calls for a two and one-half (2.5) percent total package increase for 2012-13.  The total package increase for 2013-14 is 1.89 percent.  This settlement is within the parameters set by the Board of Education.

Included in the package increases are all district costs including the district’s contributions to health insurance, state retirement, and Social Security.

Proposal
That the Board ratify the proposed agreement with the Lincoln Paraeducators Association for the 2012-13 and 2013-14 school years.
10.2.2. Item(s) Removed from Consent Agenda
10.2.3. Expedited/Emergency Actions
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.2. From the Superintendent
11.2.1. Superintendent Update
11.2.2. Monthly Financial Report
Rationale: 

At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.

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


Proposal
Information item; no Board action required.

Attachments:
11.2.3. LPS Projects Update
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  October 1 - No Elementary School
October 3 - 8:00 a.m., Chamber Coffee @ Chamber Office
October 7-10 - NFUSSD Fall Conference
October 9 - NO BOARD MEETING
October 10 - 12:00 p.m., Face the Chamber @ Lincoln Country Club
October 15-16 - No School All Levels
October 16 - 6:00 p.m., Board Meeting
13. 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.
14. REQUEST FOR CLOSED SESSION
14.1. 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.

15. ADJOURNMENT
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