Public Meeting Agenda: October 23, 2018 at 6:00 PM - Board of Education Regular Meeting

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October 23, 2018 at 6:00 PM - Board of Education Regular Meeting Agenda

October 23, 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. 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. Lights On Afterschool
Rationale:  Lights On Afterschool is celebrated each October across the nation, dedicated to ensuring that all children have access to quality, affordable afterschool programs.   The October Student Celebration features a group of stakeholders from our Lincoln Public Schools Community Learning Centers.  They will speak about the importance of quality afterschool programs and their involvement in the local CLC Lights On Afterschool event set for: 6:30-8:30 p.m. Thursday, Oct. 25, at the Belmont Recreation Center. The theme for this year’s Lights On Afterschool event is - Families in School - and will highlight ways that families and community members support Lincoln’s CLCs.
 
Speakers are:
· Keziah McIntosh, fifth grade, Campbell Elementary School
· Carley Parrott, sixth grade, Goodrich Middle School
· Abe Tsheila, former CLC student, now works for Boys and Girls Club
· Tami Lewis-Ahrendt, leader for the Calvert Parent and Community Cafe
6.2. Let's Talk Update
6.3. FLPS Update
7. 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.
8. CONSENT AGENDA
Rationale: 
8.1. 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 Employees:
             Elections - 1
  b.  Certificated Employees:
             Changes of Status - 3
             Leaves of Absence - 1
   c.  Substitute Certificated Employees:
             Elections - 17
             Separations - 13
   d.  Classified Employees:
             Elections - 41
             Changes of Status - 4
             Separations - 32
   e.  Other:
             Civic Leaves - 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 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.
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 period ending October 23, 2018, were previously provided.

                Federal Tax ACH Deposit of $59,980.77.

                State Tax ACH Deposit of $889,416.65.

                Procurement Card ACH Transfer of $110,112.19.

                Office Depot ACH Transfer of $7,447.68.

                Term Life/Disability ACH Transfer of $185,277.23

                Retirement ACH Transfer of $5,216,631.54.

                Vendor ACH Transfer of $89,561.66.

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending October 15, 2018, in the amount of $188,993.56.
 
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 an agreement providing non-staff lobbying services; an agreement for services in Infant Toddler classrooms; annual licensing and maintenance; 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 October 23, 2018.
 
b.  Payroll for the period ending October 15, 2018.
 
c.  Gifts for Huntington, Lincoln High, North Star, Northeast, and the district.
 
d.  Bids/contracts/other routine business for an agreement providing non-staff lobbying services; an agreement for services in Infant Toddler classrooms; annual licensing and maintenance; and any other bids/contracts/routine business as presented.
Attachments:
8.3. Option Enrollment Student Application 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.  An application for enrollment during the 2018-19 school year has been received and is in compliance with the Board resolution of February 13, 2018.      

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

Proposal   
That the Board adopts the following resolution:

WHEREAS, the student who has been assigned student number 294792 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of February 13, 2018, with regard to such option student;

THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as an option student on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.

Attachments:
8.4. 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  
A request from a student who resides in the district of Lincoln Public Schools and wishes to attend school outside of Lincoln Public Schools has been received after the March 15, 2018, deadline.  The Lincoln Board of Education may deny or approve this request.  If the request is approved by the Board of Education, it will be forwarded to the option school district for their approval. 

Student Number            Option District
272105                            Raymond Central

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

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. Policy 2112 - Performance Appraisal of Superintendent
Rationale:  BACKGROUND:
 
Through the different series of Lincoln Board of Education Policies, multiple policies may address the same practice from a different perspective.  To avoid the issue of publishing conflicting policies, the Board of Education may make a reference in one policy to another policy that contains information on the policy issues.  By following this practice, when the policy in which the content is contained is updated, the policy with the reference to that policy is automatically updated.

EXPLANATION:

The revision to the policy removes verbiage regarding the process of evaluating the Superintendent in Policy 2112 and provides a reference to Policy 8350 which delineates the process in detail.
 
 
Attachments:
9.1.2. Policy 2410 - Line of Responsibility
Rationale:  BACKGROUND:
 
Periodically, new circumstances require the school district to respond with a policy revision when it is found that the existing policy no longer completely covers current issues
 
 
EXPLANATION:

The revision to policy 2410 provides a second option for the Superintendent to consider when appointing staff to run the district in his/her absence.  Policy 2410 sets up a rank of order among the Associate Superintendents to serve in the role of Superintendent in his/her absence. The revision to Policy 2410 gives the Superintendent the option to use his/her discretion to establish an order among the Associate Superintendents rather than rely on the rank order.  The revision also clarifies the titles of individuals to be considered to serve in that role in the absence of the Superintendent.
 
 
 
Attachments:
9.1.3. Policy Series 2000 - Administration
Rationale:  BACKGROUND:

Periodically, new circumstances or changes in legislation or regulation from the state or federal government requires the school district to make a number of minor updates to align existing policy without changing the original leadership or organizational intent of the Board.  When the Board has a number of such policies to revise, it collects them into a single Board agenda item

 

EXPLANATION:

Policy 2400 contains a minor grammatical correction.

The following policies are submitted for affirmation as written and do not require revisions: 2000, 2100, 2110, 2111, 2113, 2120, 2125, 2130, 2135, 2140, 2150, 2200, 2420, 2430, 2440, 2450, 2460, 2500, and 2501.
 
 
Attachments:
9.1.4. Schleich Property Purchase #9517
Rationale: 
It is recommended that Lincoln Public Schools (LPS) purchase real estate potentially suitable as an elementary school site generally located south of Rokeby Road, between 70th and 84th Streets, which is currently owned by Rokeby Holdings, Ltd.  The exact legal description for the property will be determined before closing by survey or plat, but generally will consist of:  A portion of Lots 22, 23, 24, 25 and 28, Irregular Tracts, located in the north half of Section 34, Township 9 North, Range 7 East of the 6th P.M., Lancaster County, Nebraska (hereinafter the "Property").
 
Explanation
The purchase calls for payment of $1,506,000.00 plus payment of certain on and offsite development costs and expenses in amounts to be determined before closing.  The Board’s Planning Committee recommends the purchase.

The site is intended to be used for future school sites.
 

Proposal
That the Board discuss the proposed resolution with Rokeby Holdings, Ltd.

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 Schleich site ("Agreement") in the form as discussed at this meeting and on file with official LPS records, available on request as permitted by law, and with such negotiated changes 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 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 engineers, environmental experts, and other necessary professionals for assistance in the purchase and sale transaction and in the site development, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the purchase agreement, 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:
9.1.5. Wilderness Hills Area Land Exchange #9516
Rationale: 
In order to better utilize and develop the Wilderness Hills Area, Lincoln Public Schools ("LPS") and Lincoln Federal Bancorp, Inc. ("LF") desire to exchange portions of the LPS Property and the surrounding LF Property and provide LPS a cash boot difference.

Explanation
As such, it is recommended that LPS enter into a Land Exchange Agreement with LF wherein LPS will transfer to LF approximately 13.84 acres (the "LPS Exchange Property") and LF will transfer to LPS approximately 0.05 acres (the "LF Exchange Property").  The net transfer of real property from LPS to LF under the Land Exchange Agreement is 13.79 acres leaving LPS a remaining parcel consisting of approximately 17.68 acres.  As part of the transaction, LF will provide in-kind boot by assuming and paying for the LPS off-site infrastructure share of $768,217.00 and pay at closing additional cash boot of $65,733.00.  The Planning Committee is recommending that LPS enter into the Land Exchange Agreement.
 

Proposal
That the Board discuss the proposed resolution with Lincoln Federal Bancorp, Inc.

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 Land Exchange Agreement for the Wilderness Hills site ("Agreement"), in the form as discussed at this meeting and on file with official LPS records, or with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved to be available on request as permitted by law;

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 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 sign and deliver such agreement and any related deeds of conveyance, to close the transaction, and complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in the purchase, sale and exchange transaction and in the site development, to pay development costs and expenses, and all transaction costs and expenses as provided in the Agreement, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyances as provided in the exchange 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 and exchanged, received and developed by LPS under and as provided by the final negotiated Agreement.
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.2. From The Career Academy
13.3. From the Superintendent
13.3.1. Superintendent Update
13.3.2. 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 September 30, 2018, is attached.
 
Proposal
Information item; no Board action required.
 
Attachments:
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  October 24: State Legislative Forum Breakfast, 8:00 am, Country Club
October 25: Lights On Afterschool, 6:30-8:00 pm, Belmont Rec Center
October 30: HS Task Force Public Forum, 5:30-6:30 pm, Park MD School
November 5: External Accreditation Opening Meeting, 5:30 pm, Clifton
November 7:
Chamber Coffee, 8:00 am, Chamber Office
TCA Joint Board Meeting, 8:00 am, TCA
November 8: External Accreditation Exit Report, 11:00 am, LPSDO
November 12: Mayor's Neighborhood Roundtable, 5:30 pm, Mayor's Office
November 13: Board Meeting, 6:00 pm, LPSDO
 
15. 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.
16. 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.

16.1. 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.

17. ADJOURNMENT
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