Public Meeting Agenda: December 11, 2018 at 6:00 PM - Board of Education Regular Meeting

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December 11, 2018 at 6:00 PM - Board of Education Regular Meeting Agenda

December 11, 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.The Lincoln Board of Education shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

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. Staff Recognition: Rousseau Elementary School Honored as 2018 Blue Ribbon School and Designated as "Exemplary High Performing" by the U.S. Department of Education
Rationale:  BACKGROUND:

Rousseau Elementary School has been honored as a 2018 Blue Ribbon School by the U.S. Department of Education. The school earned this distinction for its overall academic performance and its progress in closing achievement gaps. Rousseau is one of only 349 schools in the country and four in Nebraska to earn the honor this year. Rousseau Principal Wendy Badje and Assistant Principal Wendy Barry traveled to Washington, D.C., in November to accept the award on behalf of the school.
 
 
EXPLANATION:

The U.S. Department of Education has named Rousseau Elementary School a Blue Ribbon School for 2018. Rousseau staff learned about the honor this fall after going through a rigorous application and review process. The Blue Ribbon program recognizes public and private elementary, middle and high schools. Honored schools are chosen based on their overall academic performance and their progress in closing achievement gaps. Rousseau was one of only 349 schools in the country and one of only four schools in Nebraska to receive the honor this year. Rousseau becomes the sixth school within Lincoln Public Schools to earn the award since in 1982.
 
Nebraska Commissioner of Education, Matt Blomstedt said the following about the Blue Ribbon honor:

"The four Nebraska honorees, including Rousseau Elementary, are shining examples of hard work and determination. These schools are demonstrating what it takes to complete the important work of closing achievement gaps to ensure all students have an equitable opportunity to succeed and to be college, career and civic ready."

Lincoln Public Schools Superintendent, Dr. Steve Joel said this about Rousseau’s honor:

"Congratulations to Dr. Badje and her team of focused educators and the staff that support their work with students. We have excellent schools in Lincoln and are incredibly proud when they are recognized for performing at extraordinary levels."
 
 
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.  Certificated Employees:
             Elections - 2
             Separations - 1
   b.  Substitute Certificated Employees:
             Elections - 14
             Separations - 2
   c.  Classified Employees:
             Elections - 14
             Changes of Status - 1
             Separations - 24
   d.  Other:
             Employment of Family Members - 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 December 11, 2018, were previously provided.

                Federal Tax ACH Deposit of $5,876,503.94.

                Procurement Card ACH Transfer of $95,584.36.

                Child Support ACH Transfer of $20,234.35.

                Office Depot ACH Transfer of $6,799.30.

                Blue Cross/Blue Shield ACH Transfer of $5,140,373.48.

                Term Life/Disability ACH Transfer of $197,188.44

                Vendor ACH Transfer of $216,781.55.

b.  PAYROLL FOR RATIFICATION - Payroll for the periods ending November 21 and 30, 2018, in the amount of $16,930,548.64.
 
c.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for the purchase of custodial large cleaning equipment; threat assessment services; substance abuse counseling; items listed for auction; 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 December 11, 2018.
 
b.  Payroll for the periods ending November 21 and 30, 2018.
 
c.  Bids/contracts/other routine business for the purchase of custodial large cleaning equipment; threat assessment services; substance abuse counseling; items listed for auction; 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 407635 (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 Requests 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 districts for their approval. 

Student Number            Option District
428797                            Seward
273902                            Palmyra

Proposal  
That the Board approve the requests 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. 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 has annexed two parcels of land, which automatically brings these properties into the district of Lincoln Public Schools.  These properties need to be assigned attendance centers so that potential purchasers of homes in these areas will know which schools they will be attending:
      
93rd St & O St, Annexation Ordinance #20586, for 2018-19 school year:
Pyrtle Elementary School, Lux Middle School, East High School.

Hillcrest Addition, Annexation Ordinance #20718, for 2018-19 school year:
Pyrtle Elementary School, Lux Middle School, East High School.

Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed properties.
Attachments:
9.2. From the Superintendent
9.2.1. State 21st Century Community Learning Center New Grant Application
Rationale:  Background
The 21st Century Community Learning Centers (CLCs) federally-funded grant program provides grants to eligible schools for the purpose of creating or expanding Community Learning Centers.  The primary purpose of 21st Century funds is to provide students with academic enrichment opportunities designed to complement their regular academic program.  All CLC services are provided during non-school hours or periods when school is not in session.  The Community Learning Centers programs and activities are designed to build on the capacity of community partners and neighborhood schools.  Each site is to have an academic focus to assist participating students in meeting state and local academic achievement standards.  Families of students served may also receive services in areas which support family literacy, health, other family support services, and childcare.
 
Explanation
This 21st Century CLC grant application is a new funding grant for Randolph Elementary School, Lincoln High School, and Lincoln Northeast High School.  The identified schools have specific needs which are in line with the goals of the 21st Century grant process.  Community partners serving as the CLC lead agencies and before and after- school providers assisting in planning and service provision are yet to be determined.  A Request for Lead Agency Partners (RFP) and before and after-school providers will be conducted when the grant is approved by NDE in April/May 2019 timeframe.  As a result of the RFP the selected community partners, along with others, will be essential to the successful delivery of quality after-school opportunities for students.  The development of CLC activities at these schools will build on the success of Lincoln’s existing 26 CLC schools.  This grant in partnership with local funders will bring necessary resources and support to establish Randolph, Lincoln High, and Lincoln Northeast as CLC schools.  CLC program activities will be developed and enhanced to include homework / academic support, STEM, enrichment activities, recreation and leisure, character education, and service learning.  It is projected that approximately 210 students will be impacted by programs at these CLC schools.

The following program goals will guide the program design and delivery:

Goal 1: Improve student learning performance in one or more core academic areas.
Goal 2: Increase social benefits and improve behavior.
Goal 3: Increase family and community involvement in schools.
9.2.2. State 21st Century Community Learning Center Continuation Application
Rationale: 

Background
The 21st Century Community Learning Centers (CLCs) federally-funded grant program provides grants to eligible schools for the purpose of creating or expanding Community Learning Centers.  The primary purpose of 21st Century funds is to provide students with academic enrichment opportunities designed to complement their regular academic program.  All CLC services are provided during non-school hours or periods when school is not in session.  The Community Learning Centers programs and activities are designed to build on the capacity of community partners and neighborhood schools.  Each site is to have an academic focus to assist participating students in meeting state and local academic achievement standards.  Families of students served may also receive services in areas which support family literacy, health, other family support services, and childcare.

Explanation
These two 21st Century CLC grant applications are continuation funding grants for Holmes and Pershing Elementary Schools and Lefler Middle School (Grant 12) and Clinton, Hartley, Elliott, Huntington, Riley, Saratoga, and West Lincoln Elementary Schools, and Goodrich Middle School (Grant 13).  The identified schools have specific needs which are in line with the goals of the 21st Century grant process and have successfully achieved stated outcomes in the continuation grant award.  Community partners that have been identified to serve as the CLC lead agencies and to assist in the planning and service provision include:  YMCA of Lincoln, Family Service, Cedars, and Lincoln Parks and Recreation.  These community partners will be essential to the successful delivery of quality after-school opportunities for students.  The continuation grant will build on the success these sites have experienced over past years.  Successes have included:  
1) Consistently serving an average of 1,160 students attending thirty plus days each year and over 2,610 total students attending after-school.
2) The CLC sites and partnering agencies are more intentional in their alignment of after-school programs with the school day program.
3) The State Site Observation tool, which evaluates program quality in eight domain areas, boasts an average score for these sites of 4.28 on a 5.0 scale.  

 
Core program activities will include homework / academic support, enrichment activities, recreation and leisure, character education and development, and service learning as well as activities to support nutrition and healthy lifestyles.  It is projected that approximately 2,700 students will be impacted by the CLC programs at these 11 sites.

The following program goals will guide the program design and delivery:
Goal 1: Improve student learning performance in one or more core academic areas.
Goal 2: Increase social benefits and improve behavior.
Goal 3: Increase family and community involvement in schools.
9.2.3. Proposed Negotiated Agreement with the Lincoln Education Association
Rationale: 

Explanation:
The Lincoln Board of Education has recognized the Lincoln Education Association (LEA) as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of that employee group.  The negotiation teams, representing LEA and Lincoln Public Schools, have reached a tentative agreement for the 2019-20 and 2020-21 years; and the LEA has approved the tentative agreement.

The proposed agreement calls for a 3.04 percent total package increase for 2019-20 and a 2.69 percent total package increase for 2020-21.  These settlements are within the parameters set by the Board of Education.  Included in the package increase are all district costs including the district’s contributions to health insurance, state retirement, and Social Security.  A complete copy of the proposed agreement is available for review at the office of the Associate Superintendent for Human Resources upon request.


Proposal:
That the Board of Education consider and discuss the proposed negotiated agreement for the 2019-20 and 2020-21 school years with the Lincoln Education Association.

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. Tax-Exempt Financing Compliance
Rationale: 
On February 14, 2012, the Board adopted a tax-exempt financing compliance resolution and procedure.  As an issuer of tax-exempt bonds, the district understands there are IRS codes and related regulations that impose ongoing requirements related to the proceeds of the tax-exempt bonds and the project facilities financed by the tax-exempt bonds.  The Board assigned the Associate Superintendent for Business Affairs as the Bond Compliance Officer.

Explanation
The Bond Compliance Officer is to report to the Board the district’s compliance with the resolution and procedures.  Compliance checklists are done annually for all outstanding tax-exempt bonds.  No deficiencies have been discovered during these procedures.
 

Proposal
Information item; no Board action required.
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  December 21, 2018-January 4, 2019: No School All Levels
December 25:  No Board Meeting
January 8  
TCA Joint Board Meeting, 8:00 am, TCA
25-Year Staff Celebration, 4:30 pm, LPSDO
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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