Public Meeting Agenda: May 14, 2013 at 6:00 PM - Board of Education Regular Meeting

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May 14, 2013 at 6:00 PM - Board of Education Regular Meeting Agenda

May 14, 2013 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. BackPack Extra Mile Recognition
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:
             Separations – 3
   b.  Certificated Employees:
             Elections – 14
             Leaves of Absence – 4
             Separations – 19
   c.  Substitute Certificated Employees:
             Changes of Status – 1
             Separations – 3
   d.  Classified Employees:
             Elections – 40
             Changes of Status – 3
             Separations – 40

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 May 14, 2013, were previously provided.

       Federal Tax ACH Deposit of $4,875,295.71.

       Procurement Card ACH Transfer of $97,631.69.

       Office Depot ACH Transfer of $30,167.05.

       Vendor ACH Transfer of $35,046.73.

b.    PAYROLL FOR RATIFICATION – Payroll for the periods ending May 3, 2013, in the amount of $12,789,856.99.

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 large equipment for Nutrition Services; an agreement with Learning Together Company for training for Campbell, Clinton, Everett, Hartley, Lefler, Lakeview, McPhee, and Saratoga schools; an agreement with Lincoln Medical Education Partnership to provide staff training for the School Community Intervention Program; an agreement with OZANAM/BIST to provide direct professional development training for teachers; 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 May 14, 2013.

b.    Payroll for the periods ending May 3, 2013.

c.    Gifts for Belmont, Kloefkorn, Lincoln High, Riley, and the district.

d.    Bids/contracts/other routine business for large equipment for Nutrition Services; an agreement with Learning Together Company for training for Campbell, Clinton, Everett, Hartley, Lefler, Lakeview, McPhee, and Saratoga schools; an agreement with Lincoln Medical Education Partnership to provide staff training for the School Community Intervention Program; an agreement with OZANAM/BIST to provide direct professional development training for teachers; 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. 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 one of the criteria (currently attending) 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 294986, 255825, and 254484 (for purposes of confidentiality, assigned numbers are being used) meet one of the criteria (currently attending) 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:
8.4. Option Enrollment Student Applications for 2013-14
Rationale:  On February 12, 2013, the Board adopted a resolution to accept option students for the 2013-14 school year.  Applications have been received from students requesting that they be accepted as option students for the 2013-14 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 12, 2013.

Explanation

Staff has 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 12, 2013.  Staff recommends approval of these applications.

Proposal

That the Board adopt the following resolution:

WHEREAS the students who have been assigned student numbers 210866 and 295324 (for purposes of confidentiality, assigned numbers are being used) meet one of the criteria of the Board resolution of February 12, 2013, 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:
8.5. Late Request for Enrollment Option Out 2013-14
Rationale:  March 15, 2013, 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 2013-14 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, 2013, 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

                                          295323                                                  Malcolm

Proposal
That the Board approve this request for option out for the 2013-14 school year. 




Attachments:
8.6. 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 number 229163 (for purposes of confidentiality we are using an assigned number) has filed the proper application and has requested enrollment. 

Explanation
The Department of Student Services has reviewed the application and the background information on the student and are recommending that the application be approved and that the student 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 application and recommendation of the Department of Student Services as it relates to student number 229163.
8.7. 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-1980’s.

Explanation

Lincoln Public Schools Indian Education program will provide support to 568 Native American students in grades PK-12 in the 2013-14 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 $137,006. Decisions regarding the use of these funds are made in consultation with the Indian Parent Advisory Committee. Membership on IPAC 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 $137,006. No district-funding match is required. This grant application has a submission date of May 14, 2013.
8.8. Birth to Age Three: Nebraska's Early Childhood Education Endowment Grant (SIXPENCE)
Rationale:  The Early Childhood Education Endowment Grant Program was established to serve children from birth to age three. The Endowment expands the Continuation Endowment Grant and is a public-private partnership funded from the State and from the private sector. The fund is used primarily for grants to school districts to provide programs and services for infants and toddlers who are at risk of school failure in partnership with community agencies and child care programs serving this age group. The purpose of the Endowment Grant is to help promote opportunities for children to experience positive environments that provide for their healthy growth and development during their earliest years. The Endowment Grant funds are available to promote community level partnerships that focus on meeting the developmental needs of very young children and to fund services for children from birth to age three that will promote their success in school and later in life.

Explanation

The program services to be supported with these funds will enhance the current Student/Child Learning Center services through an expansion of services in partnership with Educare of Lincoln. 

The request for funds will add to Educare of Lincoln’s capacity to serve LPS’s youngest children and their families by increasing the program from six infant/toddler classrooms to seven.  While this classroom would not be an Early Head Start classroom, it would still receive the array of comprehensive services and participate in the entire curriculum, assessments, and evaluations that currently ensure quality.

Additional community partners include: Nebraska Children’s Home Society, Food Bank, and Community Action of Lancaster and Saunders County Early Head Start. Early Head Start will support referrals for community services and participate in providing and receiving professional development.

Proposal
That the Board approve submission of this Sixpence Endowment Grant application. The grant money will assist in funding a class of eight children from birth to age three. The grant application request is for $150,000 for expansion. The total amount requested requires a local level match with at least the same amount. The match will come from the program partners and Health and Human Services reimbursements for child care. 

Application due date: May 15, 2013

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. Newly Annexed Property to the City of Lincoln
Rationale: 
The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted.  This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.

Explanation
The City of Lincoln recently annexed one parcel of land, which automatically brings this property into the Lincoln Public Schools District.  This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending.

The Woodlands at Yankee Hill, South 84th and Yankee Hill Road, Annexation #19862, for 2012-13 school year:  Maxey Elementary School, Pound Middle School, and Southeast High School
Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed property.


Attachments:
9.1.2. School Meal Prices
Rationale:  The Lincoln Public Schools Nutrition Services Department operates a school meal program that provides breakfast and lunch meals to LPS schools.  Annually the Board of Education reviews and approves school breakfast and lunch prices.

Explanation
As part of the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296), Section 205 addresses equity in school lunch pricing.  School Food Authorities (SFA) must annually review their paid lunch revenue to assure compliance with the paid lunch equity requirement.  When the average paid lunch price is less than the difference between the free and paid Federal reimbursement rates ($2.86 - $0.27 = $2.59), the SFA must determine how they will meet the requirement.  For 2012-13, LPS charged $2.15 to $2.50 for a full priced lunch rather than $2.59.  Because the district’s price was less than the paid lunch equity requirement, the district is required to adjust its lunch prices for 2013-14.  SFA’s are required to utilize the Paid Lunch Equity Calculator to determine the amount of paid lunch price increases.  The required increase for paid lunch meals for the 2013-14 school year is ten cents.  Breakfast prices will remain the same.  The Finance Committee is in agreement with staff’s recommendation of this price increase for full priced meals.

The following is a listing of proposed meal prices for the 2013-14 school year:

   Current
2012-13
Proposed
2013-14
Elementary Lunch    
Student Full Priced
$2.15 $2.25
Reduced     .40
    .40
Adult/Non-Student   3.10   3.10
Second lunch
  3.10   3.10
     
Middle School Lunch
   
Student Full Priced
$2.35 $2.45
Reduced     .40     .40
Adult/Non-Student
  3.25   3.25
Second lunch
  3.25   3.25
     
High School Lunch
   
Student Full Priced
$2.50 $2.60
Reduced     .40     .40
Adult/Non-Student   3.25   3.25
Second lunch
  3.25   3.25
     
Breakfast    
Student Full Priced Elementary
$1.20 $1.20
Student Full Priced Secondary
  1.40   1.40
Reduced    .30     .30
Adult/Non-Student   1.75   1.75
Second breakfast
  1.75   1.75

Proposal

That the Board discuss the school meal prices for the 2013-14 school year.
9.2. From the Superintendent
9.2.1. Policy 5520: Student Fees
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
The only change that staff would recommend would be if the Nutrition Services staff determines a need for an increase in breakfast and/or lunch costs. 

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 the Student Fees Policy for the 2013-14 school year.

 

Attachments:
9.2.2. Policy 8441: Board Operating Procedures
Rationale: 

The Board of Education periodically reviews and revises its policies and procedures as may be required by law, to conform to desired practice, for operational efficiency, or to further the school mission.  Policy 8441 deals with Board of Education Operating Procedures and its order of business. 

Explanation 

It is being recommended that Policy 8441 be revised to conform to practice and for operational efficiency by providing for public comment on agenda items only during the first comment period, and creating a new category of Routine Items Recommended for Action.  The new category will allow discussion and action at one meeting for appropriate items such as grants, which in practice have typically been listed either (a) as a Consent item where there is no discussion or (b) for first reading but are moved to action.

Proposal
That the Board discuss the recommended changes to Policy 8441.

 

Attachments:
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
10.2.1. Birth To Age Three: Nebraska's Early Childhood Education Endowment Grant (SIXPENCE)
Rationale:  The Early Childhood Education Endowment Grant Program was established to serve children from birth to age three. The Endowment expands the Continuation Endowment Grant and is a public-private partnership funded from the State and from the private sector. The fund is used primarily for grants to school districts to provide programs and services for infants and toddlers who are at risk of school failure in partnership with community agencies and child care programs serving this age group. The purpose of the Endowment Grant is to help promote opportunities for children to experience positive environments that provide for their healthy growth and development during their earliest years. The Endowment Grant funds are available to promote community level partnerships that focus on meeting the developmental needs of very young children and to fund services for children from birth to age three that will promote their success in school and later in life.

Explanation
The program services to be supported with these funds will enhance the current Student/Child Learning Center services through an expansion and enhancement of services in partnership with CEDARS.

The request for funds will support an additional class of children at Lincoln High School. CEDARS will be a primary enhancement to the services by providing support through the Healthy Families America services that promotes positive parenting and child health and development, thereby preventing child abuse and other poor childhood outcomes.  It will allow for an expansion of the Parent Support Program to work with additional families that would not otherwise be served due to capacity or the timing of referral. Specifically, this grant will allow CEDARS to serve an additional 20 families per year through the work of a dedicated full-time Family Partner carrying out the functions of the Parent Support Program. 

Additional community partners include: Nebraska Children’s Home Society, Food Bank, and Community Action of Lancaster and Saunders County Early Head Start. Early Head Start will provide information regarding community resources and link professional development to the partnership.

Proposal
That the Board approve submission of the Sixpence Endowment Grant application. The grant money will assist in funding a class of eight children from birth to age three and enhance the program services with the family engagement component from CEDARS. The grant application request is for $150,000 for the expansion of services of the student/parent program and the family engagement component. The total amount requested requires a local level match with at least the same amount. The match will come from the program partners and Health and Human Services reimbursements for child care.

 
Application due date: May 15, 2013

10.2.2. Tuition Charges for 2013-14
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 2013-14 school year for the programs noted.  The rates are intended to recover the district’s anticipated actual costs for the 2013-14 school year.

1.    Regular Instructional Program:

 2013-14 Rates
     
 
Per Year
Per Semester
 Per Day
Grades K-6
$  9,000.00 $4,500.00 $51.14
Grades 7-8
$10,800.00 $5,400.00 $60.00
Grades 9-12
$12,600.00 $6,300.00 $70.00

Based on 176 days elementary and 180 days secondary.


2.    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 approve the proposed tuition rates.
10.2.3. Item(s) Removed from Consent Agenda
10.2.4. Expedited/Emergency Actions
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.2. From the Superintendent
11.2.1. Superintendent Update
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  Monday, May 20 - 7:00 p.m., Board and ESU Organizational Meeting @ Hawthorne Bldg Media Center

Thursday, May 23 - Last Day of School
                              7:00 p.m., Bryan Community Graduation @ East High School Auditorium

Saturday, May 25 - 9:00 a.m., LSW Graduation @ Pershing Center
                             12:00 p.m., East Graduation @ Pershing Center
                               3:00 p.m., LSE Graduation @ Pershing Center
                               6:00 p.m., LHS Graduation @ Pershing Center

Sunday, May 26 - 1:00 p.m., LNS Graduation @ Pershing Center
                            4:00 p.m., LNE Graduation @ Pershing Center

Monday, May 27 - LPS Closed - Memorial Day Holiday

Tuesday, May 28 - 4:30 p.m., Board Work Session @ Co-City Bldg.
                              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. BOARD MEMBER COMMENTS
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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