Public Meeting Agenda: September 10, 2013 at 6:00 PM - Board of Education Regular Meeting

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September 10, 2013 at 6:00 PM - Board of Education Regular Meeting Agenda

September 10, 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. Jean Hellwege, 2013 Recipient of the Collaborative School Library Award From the American Association of School Librarians
Rationale: 

Jean Hellwege has been honored by the American Association of School Librarians with the Collaborative School Library Award for her work with sixth-grade teachers and students at Scott Middle School in creating and organizing the Make A Difference research project where students are asked to research and present about a social issue of their choice.

Explanation

Scott Middle School librarian Jean Hellwege understands that research papers can take shape in a variety of ways.  But she has encouraged sixth graders at Scott to tackle research projects that are near and dear to their hearts.

Hellwege helps her students with the research strategy, while teachers Kim Ridder, Debbie Beran, and Eric Nelson provide the instruction and formative feedback.  The students provide the passion.

Hellwege has been honored with the Collaborative School Library Award, from the American Association of School Librarians, for the culmination of the research work: Scott’s Make A Difference Fair.  At the Fair, Scott students present their research to families, friends and the community.  Fair visitors can also choose to make a contribution to a fund, which is shared with various community organizations.

An awards committee chair from the American Association of School Librarians noted:  “This effort went beyond your typical research project to researching and learning in an authentic way.  Through their research, the students embodied the key components of AASL’s learning standards think, create, share and grow.”

The collaboration between Hellwege and the sixth grade teachers highlights not only the ability to coordinate and align various academic components, but also the passion of students and their generous donations to the community.

Proposal
That the Lincoln Board of Education adopt the following resolution:

WHEREAS, Scott Middle School librarian Jean Hellwege has been honored with the Collaborative School Library Award by the American Association of School Librarians, and

WHEREAS, Hellwege and Scott sixth grade teachers work together to bring new inspiration to middle school research projects by creating an opportunity for students to explore topics that are near and dear to their hearts, and

WHEREAS, Hellwege and the sixth grade teachers have created an event called the Make A Difference Fair that showcases the work of students, and

WHEREAS, Hellwege also has ensured that the Make A Difference Fair involves community partnerships and provides a way for students to contribute to local non-profit organizations, and

WHEREAS, Hellwege appropriately combines student passions with the proper research techniques.

NOW THEREFORE BE IT RESOLVED that the Lincoln Board of Education does hereby congratulate Jean Hellwege for receiving the 2013 Collaborative School Library Award from the American Association of School Librarians and for collaborating on a unique research project that considers the personal experiences of each student.

6.2. LPS Foundation Update
6.3. Superintendents Facilities Advisory Committee Recommendation
Attachments:
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.  Certificated Employees:
             Elections – 6
             Changes of Status – 27
             Leaves of Absence – 51
             Separations – 1
   b.  Substitute Certificated Employees:
             Elections – 31
             Separations – 13
   c.  Classified Employees:
             Elections – 95
             Changes of Status – 13
             Separations – 152
   d.  Other:
             Workers' Compensation Lump Sum Settlements – 2
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 period ending September 10, 2013, were previously provided.

       Federal Tax ACH Deposit of $4,730.788.50.

       Procurement Card ACH Transfer of $114,221.07.

       Office Depot ACH Transfer of $10,900.22.

       Vendor ACH Transfer of $1,746.66.

b.    PAYROLL FOR RATIFICATION – Payroll for the period ending August 30, 2013, in the amount of $12,366,788.30.

c.    BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for an interlocal cooperation act agreement for LPS Southeast Nebraska Region Program; an interlocal agreement with the County of Lancaster, Nebraska, to provide funding for a truancy diversion program; software license and maintenance for menus and production schedules for Nutrition Services; an interlocal agreement with the City of Lincoln Public Works and Utilities for the Artistic Plow Program; 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 September 10, 2013.

b.    Payroll for the period ending August 30, 2013.

c.    Bids/contracts/other routine business for an interlocal cooperation act agreement for LPS Southeast Nebraska Region Program; an interlocal agreement with the County of Lancaster, Nebraska, to provide funding for a truancy diversion program; software license and maintenance for menus and production schedules for Nutrition Services; an interlocal agreement with the City of Lincoln Public Works and Utilities for the Artistic Plow Program; and any other bids/contracts/routine business as presented.

*That the Board, by approving Routine Business, is approving Regular Claims, Payroll for Ratification, and all listed Bids, Contracts, and Other Routine Business items or transactions with the information and in the form as presented, and except as to conclusive award or contract amounts, in such other form and with such other or modified terms and conditions as may be negotiated and/or approved by the Associate Superintendent for Business Affairs, or a designee, and that the Board by this approval delegates to and is hereby authorizing the Associate Superintendent for Business Affairs, or a designee, to (a) sign, execute, and deliver all necessary documents or contracts, (b) make all transaction or contract payments and designate a transaction or program administrator, (c) take or cause to be taken any and all other action as may be necessary to complete the transaction, and (d) administer, operate, exercise renewals, terminate, and/or implement each listed and approved item or transaction and all matters thereto on a day-to-day basis during its term as contemplated, for and on behalf of this school district.
Attachments:
8.3. Option Enrollment Student Application for 2013-14
Rationale:  On February 12, 2013, the Board adopted a resolution to accept option students for the 2013-14 school year.  An application has been received from a student requesting acceptance as an option student for the 2013-14 school year.  Staff recommends that the student referred to in this agenda item be accepted for enrollment as the student is in compliance with the Board resolution of February 12, 2013.

Explanation
Staff has examined the application of the student included in this proposal.  The student meets one of the criteria set forth by the Board in its resolution of February 12, 2013.  Staff recommends approval of this application.

Proposal
That the Board adopt the following resolution:

WHEREAS the student who has been assigned student number 261330 (for purposes of confidentiality, an assigned number is being used) meets 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 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. 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 #290897 (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 #290897.

 

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 3011 - Fund Balance Reporting
Rationale:  Annually, school districts audit their policies to ensure that they comply with any recent changes in federal or state law.  When changes are required, staff either propose revisions to existing policy or propose the adoption of a new policy to ensure that the district stays up-to-date with these changes.

Explanation
This policy aligns with current practices in place to comply with the Governmental Accounting Standards Board statement #54.

Proposal
That the Board discuss Policy 3011.
Attachments:
9.1.2. Policy 5112 - Ages of Attendance
Rationale:  School districts annually review existing policies to ensure compliance with any recent changes in federal or state law.  When changes are required, staff either propose revisions or propose the adoption of a new policy to comply with necessary changes. 

Explanation
Policy 5112 has been revised in response to LB 410, which amended Neb. Rev. Sta. §79-214.  Previously, school boards were required to approve early admission assessment procedures, but were not required to admit children who proved they met the early admission standards.  Now, admission of such children is mandatory.  This language places that requirement into policy.

Proposal
That the Board discuss proposed changes to Policy 5112. 

Attachments:
9.1.3. Policy 5114 - Proof of Immunization
Rationale:  School districts annually review existing policies to ensure compliance with any recent changes in federal or state law.  When changes are required, staff either propose revisions or propose the adoption of a new policy to comply with necessary changes. 

Explanation
Changes in language in Policy 5114 will automatically incorporate updates in laws requiring immunization.

Proposal
That the Board discuss proposed changes to Policy 5114.
Attachments:
9.1.4. Policy 5507 and Regulation 5507.1 - Allergies
Rationale:  With the increases in life-threatening food allergies within our student population, effective management strategies are part of a systematic approach to ensuring a safe learning and activity environment for all students. 

Explanation
Policy 5507 and Regulation 5507.1 provide guidance for collaboratively developing allergy management programs and protocols that promote safe learning and activity environments for students.

Proposal
That the Board discuss the proposed Policy 5507 and Regulation 5507.1.

 

 

Attachments:
9.1.5. Policy 6742 - Initiations, Hazing, Secret Clubs and Outside Organizations POLICY 6411 - Safe Schools
Rationale:  “Hazing” and “initiations” refer to activities expected of someone joining a group (or to maintain full status in a group) that humiliates, degrades, or risks emotional and/or physical harm, regardless of the person's willingness to participate.  While passed off by many as inconsequential pranks or “rights of passage,” it is known that efforts to haze and/or inflict these types of initiations have a negative impact on students and on the learning and activity environment.

Explanation
This policy is meant to provide notice to students, families, and the community that these behaviors are prohibited by the Lincoln Public Schools and provides guidance to staff to prevent these behaviors or respond to them should they occur.

Proposal
That the Board discuss the proposed Policy 6742 and review current Policy 6411.
Attachments:
9.1.6. 2013-14 Lincoln Public Schools Property Tax Request
Rationale:  A hearing was held earlier this evening on whether the Board of Education should approve or modify the preliminary property tax request for Lancaster County School District 001 – Lincoln Public Schools (Attachment One).

Explanation
The 2013-14 budget of Lincoln Public Schools has already been adopted.  According to state law Section 77-1601.02, the preliminary tax request for the district shall be the property tax request from the prior year, unless the school district holds a hearing and sets the property tax request at a different amount.  The prior year’s property tax request would not correctly fund the 2013-14 budget, which has already been formally adopted by the Board of Education.  Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the final property tax rates for 2013-14.

Staff recommends that the following resolution be adopted so that the 2013-14 budget may be funded as adopted.  A simple majority vote is required.

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

    THEREFORE BE IT RESOLVED that the Board of Education of Lancaster County School District 001 hereby sets the District’s 2013-14 property tax request at a different amount from that of the 2012-13 fiscal year and that, pursuant to State Law Sections 79-1601.02, 79-1085, and other Nebraska laws, does hereby set the 2013-14 Lincoln Public Schools property tax request, including the County’s collection fee and any delinquent tax allowances, as follows:

General Fund    $184,961,414.31
 Building Fund  0
 Bond Fund for Bonds Authorized Prior to 1999  0
 Bond Fund for High School Bonds Authorized in 1999  4,956,421.16
 Bond Fund for Bonds Authorized in 2006  23,243,736.13
 Qualified Capital Purpose Undertaking Fund  5,255,720.15
 Total Lincoln Public Schools Tax Request  $218,417,291.75

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


Attachments:
9.2. From the Superintendent
9.2.1. Career Academy
Rationale:  At its meeting on July 23, 2013, the Lincoln Public Schools (LPS) Board of Education approved a resolution directing staff to continue negotiations with Southeast Community College (SCC) and planning for a joint career academy facility.  In addition, the resolution directed staff to bring back information, updates, and recommendations for Board consideration and possible approval as planning progressed.

Explanation
Negotiations, organizational, and facility planning have been ongoing since passage of the July 23, 2013, resolution.  Staff, in working with all parties involved, is now able to bring to the Board proposed agreements and a resolution for consideration.  Those documents, draft copies of which are on file with official district records and documents in the Office of Business Affairs, are available for review upon request and include:

1.    An interlocal agreement between LPS and SCC creating a 50-50 joint venture for a new joint career academy facility to be located on the SCC Lincoln campus.  The agreement provides for SCC to construct the new facility with LPS to serve as the owner’s representative during the construction process.  Among its various other terms, the agreement is contingent on:  (a) LPS being able to obtain financing for the project; and (b) SCC and LPS being able to obtain funding and/or in-kind commitments from acceptable business or industry partners for the project.  These contingencies must be satisfied by June 1, 2014, or the agreement is null and void.

2.    An owner’s representative agreement between LPS and SCC.

3.    An architect/engineer’s agreement with Bahr-Vermeer-Haecker (BVH) and Engineering Technologies, Inc. (ETI).

4.    A resolution agreeing to split the costs of the selected architect/engineering firm 50-50 with SCC.

Proposal
That the Board of Education review and discuss the proposed documents and agreements for a new joint career academy facility.



Attachments:
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. Foundation for Lincoln Public Schools Lease Agreement #7556
Rationale:  The Foundation for Lincoln Public Schools (Foundation) was established as a non-profit entity 24 years ago to cultivate donors who are passionate about education and to encourage them to make major and planned gifts.  As a result, the Foundation has been able to pass onto LPS $1+ million a year for additional programs and projects that bring enhanced opportunities to students.

Explanation
In order to continue facilitating this mutual partnership for the benefit of Lincoln Public Schools (LPS) students, LPS wishes to continue leasing space to the Foundation in its newly completed LPSDO facility.  And, at this time in consideration for its work and contributions that benefit the district, LPS agrees to credit such work and contributions as “payment-in-kind” for the annual lease rental amounts.  Such work and contributions are to be reconciled annually so that LPS receives fair value and compensation for the rented premises.  The term of the agreement (Attachment One) is three years.  The rental is for a 1,103-square-foot space.  The agreement is subject to automatic annual renewal after the initial term and may be terminated at any time without cause on a 60-day notice.


Proposal
That the Board approve the proposed lease agreement.

It is recommended that Lincoln Public Schools enter into a lease agreement with the Foundation for Lincoln Public Schools, a Nebraska non-profit corporation, as lessee in the form as presented and discussed at this meeting or in such other form, and with such other terms and conditions as may be approved by the Associate Superintendent for Business Affairs or a designee.  

By approving this item, the Board hereby approves the lease agreement, and further hereby authorizes the Associate Superintendent for Business Affairs to sign, execute, and deliver any such agreement as finally negotiated, to assign or designate a Program Administrator to provide for facilitating the administration and operations under the agreement, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction and to implement, administer, and operate under the agreement, for and on behalf of this school district.
Attachments:
10.2. From the Superintendent
10.2.1. Item(s) Removed from Consent Agenda
10.2.2. 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:  Wednesday, September 11, Face the Chamber at 12 noon, Lincoln Country Club

Sunday, September 15, LPSDO Grand Opening from 1:00-4:00 p.m.

Tuesday, September 24, Board and ESU 18 Board Meeting at 6:00 p.m.
13. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.
14. REQUEST FOR CLOSED SESSION
14.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:  The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

15. ADJOURNMENT
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