Public Meeting Agenda: August 14, 2018 at 6:00 PM - Board of Education Regular Meeting

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August 14, 2018 at 6:00 PM - Board of Education Regular Meeting Agenda

August 14, 2018 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 2018-19 PROPOSED BUDGET
Rationale:  This public hearing is conducted under the provisions of the Nebraska Budget Act and other Nebraska laws.  The purpose of this hearing is to receive input regarding the proposed budget for the 2018-19 school fiscal year.  The input received in this hearing will be taken into consideration by the Board when it takes action on the proposed budget.
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
8. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
  2. 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.
  3. 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.
  4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  5. 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.
  6. 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.
  7. Persons speaking to the Board during public comment may make printed materials available 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 set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons 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.
9. CONSENT AGENDA
Rationale: 
9.1. Human Resources Matters
Rationale:  Explanation:
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.

This report includes routine Human Resources changes:
   a.  Administrator Certificated Employees:
             Changes of Status - 2
   b.  Certificated Employees:
             Elections - 39
             Re-Elections Same Assignment - 2
             Changes of Status - 9
             Leaves of Absence - 20
             Separations - 8
   c. Substitute Certificated Employees:
             Elections - 11
             Changes of Status - 1
             Separations - 107
   d. Classified Employees:
             Elections - 157
             Changes of Status - 25
             Separations - 42
   e.  Other:
             Employment of Family Members - 1
   f.   Approval of recommended agreement with Continuum Employee
        Assistance Program.

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.

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 period ending August 14, 2018, were previously provided.

                Federal Tax ACH Deposit of $5,619,973.99.

                State Tax ACH Deposit of $915,937.79.

                Procurement Card ACH Transfer of $131,140.11.

                Child Support ACH Transfer of $17,216.29.

                Office Depot ACH Transfer of $13,853.31.

                Vendor ACH Transfer of $83,795.60.

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending July 31, 2018, in the amount of $15,685,414.11.
 
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 a vehicle for use by Transportation and Operations; one-on-one health care services; professional development and consulting services at Lincoln High; an increase to CLC agreements to add services at North Star and Dawes; 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 August 14, 2018.
 
b.  Payroll for the period ending July 31, 2018.
 
c.  Gifts for Lincoln High.
 
d.  Bids/contracts/other routine business for the purchase of a vehicle for use by Transportation and Operations; one-on-one health care services; professional development and consulting services at Lincoln High; an increase to CLC agreements to add services at North Star and Dawes; and any other bids/contracts/routine business as presented.
Attachments:
9.3. Option Enrollment Student Applications for 2018-19
Rationale: 

On February 13, 2018, the Board adopted a resolution to accept an option enrollment student for the 2018-19 school year.  Applications for enrollment during the 2018-19 school year have been received and are in compliance with the Board resolution of February 13, 2018.      

Explanation
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 13, 2018.  Staff recommends approval of these applications.  

Proposal   
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 427142, 213661 and 427181 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 13, 2018, 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:
9.4. Late Request for Enrollment Option Out 2018-19
Rationale: 

March 15, 2018, 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 2018-19 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  
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2018, deadline.  The Lincoln Board of Education may deny or approve these requests.  If the requests are approved by the Board of Education, they will be forwarded to the option school district for their approval. 

Student Number            Option District
217805                            Norris
419041                            Waverly
239980                            Omaha
273846                            Omaha
427292                            Beatrice
220927                            Raymond Central
296125                            Norris
280310                            Waverly
286243                            Waverly
234535                            Milford
221013                            Milford
256977                            Raymond Central
400391                            Omaha

Proposal  
That the Board approve the requests for option out for the 2018-19 school year.

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
10.1.1. 2018-19 Insurance Rates
Rationale: 
For 23 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program.  The advantages of self-insurance are:  1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, 5) LPS staff and legal counsel are involved in claims from the beginning.
 
The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district of more than one million dollars per year in premium costs alone.
Explanation:
Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage, Boiler and Machinery insurance, and the third party claims handling service for property/liability through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm.
Proposal:
That the Board review the 2018-19 insurance rates.
Attachments:
10.1.2. 2018-19 Lincoln Public Schools Budget Adoption
Rationale: 
The Board of Education held a public hearing on the 2018-19 budget on August 14, 2018.

Explanation
Staff recommends that the Board review the budget statement (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., et. seq., and other Nebraska laws.  After Board review, the following resolution will be presented for approval on August 28, 2018.

RESOLVED by the Board of Education of Lancaster County School District 001:
  1. That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2018, and ending August 31, 2019, namely:
$229,398,881 - To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund.

$34,372,506 - To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund.

$5,077,982 - All of the previously identified Qualified Capital Purpose Undertaking Fund projects have been completed, and as such, in full compliance with all prerequisites, approved itemized estimates, procedures and requirements as provided by Sections 79-10,110 R.R.S. Neb., et. seq. and other Nebraska laws, sometimes known as the Qualified Capital Purpose Undertaking Fund laws, to provide for the payment of principal and interest on bonds issued in accordance with such laws for (a) environmental hazard abatement and accessibility barrier elimination projects; (b) Qualified Zone Academy Bond projects; (c) American Recovery and Reinvestment Act of 2009 Academy Bond projects; and (d) building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention.
  1. That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $268,849,369, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.
  2. That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2018, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb.
  3. That the 2018-19 budget as presented and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted.
  4. That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2018-19 fiscal year adopted budget and budget statement hereby approved.
  5. That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2018, the approved itemized estimate of the amounts necessary and period of years to repay the principal and interest on bonds issued in accordance with § 79-10,110, et. seq., and other laws.
  6. That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2018-19 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a "blended component unit" of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.
Proposal
That the Board review and discuss the 2018-19 budget statement, itemized estimate, and resolution.  Please note that the numbers presented are preliminary and subject to change before actual adoption.
Attachments:
10.2. From the Superintendent
11. SECOND READING, RECOMMENDED FOR ACTION
11.1. From Board Committees
11.1.1. Land Acquisition - Huntington Elementary School
Rationale: 
It is recommended that Lincoln Public Schools (LPS) purchase real estate generally located at 4745 Adams Street, Lincoln, Nebraska in the north east corner of the Huntington Elementary School site currently owned by Gary Swenson.  Legal description for the property is:

Lot 1, Block 41, University Place, Lincoln, Lancaster County, Nebraska, except that portion condemned by the City of Lincoln, described in Report of Appraisers recorded May 10, 1972 as Inst. No. 72-7829; and

Lot 2, except the East 7.5 feet thereof, Block 41, University Place, Lincoln, Lancaster County, Nebraska.  (hereinafter the "Property").

The purchase includes all buildings and improvements on the Property.  The proposed purchase price for Property is $370,000.00.  The Board’s Planning Committee recommends the purchase.

The site provides the benefit of enhancing the otherwise land-locked Huntington Elementary School site.
 
Explanation
The Planning Committee is recommending that LPS purchase the Property and enter into a Property Purchase and Sale Agreement for such site with the current owners.

The proposed Property Purchase and Sale Agreement is attached.
 

Proposal
That the Board approve the following resolution:
 
RESOLUTION
LINCOLN PUBLIC SCHOOLS

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"), that the Property Purchase and Sale Agreement for the Swenson site ("Agreement"), in the form on file with official LPS records and as presented at this meeting, or with such changes, except as to price, as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved;

BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the School District should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement after a duly countersigned Agreement has been received from the seller and any other documents or agreements called for in such Agreement or determined to be in the best interest of the District, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all due diligence requirements, to retain and pay any necessary professionals for assistance, to pay the purchase price and all transaction costs and expenses, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described property to be purchased, received and developed by LPS under the Agreement.
Attachments:
11.2. From the Superintendent
12. EXPEDITED/EMERGENCY ACTIONS
13. ITEM(S) REMOVED FROM CONSENT AGENDA
14. INFORMATIONAL ITEMS/REPORTS
14.1. From Board Committees
14.1.1. Student Learning - Standard Response Protocol Update
14.2. From The Career Academy
14.3. From the Superintendent
14.3.1. Superintendent Update
15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  August 28 - Board Meeting, 6 p.m., LPSDO
16. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
  2. 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.
  3. 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.
  4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  5. 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.
  6. 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.
  7. Persons speaking to the Board during public comment may make printed materials available 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 set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons 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.
17. 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.

17.1. 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.

18. ADJOURNMENT
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