Public Meeting Agenda: September 24, 2013 at 6:00 PM - Board of Education Regular Meeting

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September 24, 2013 at 6:00 PM - Board of Education Regular Meeting Agenda

September 24, 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. Sarah Winans, 2013 Nebraska History Teacher of the Year by the Gilder Lehrman Institute of American History
Rationale: 

Sarah Winans has been a teacher in Lincoln Public Schools for six years.  She currently teaches fourth grade at Kloefkorn Elementary School and serves as a teacher leader for Nebraska Wesleyan University’s Master of Historical Studies program.  She also is involved in writing social studies curriculum and presenting related professional development for LPS.

Explanation
Sarah Winans, of Kloefkorn Elementary School, has been honored as the 2013 Nebraska History Teacher of the Year by The Gilder Lehrman Institute of American History. When considering nominations, The Gilder Lehrman organization looks for evidence of creativity and imagination in the classroom, as well as effective use of documents, artifacts, and other primary resources to engage students.

Winans certainly meets all the criteria.  Even though her official title is fourth-grade teacher, her impact can be seen in classrooms with kindergartners, fourth-graders, or even seniors in high school – due to her collaborations throughout LPS:

Winans says: “Rarely do teachers have time or opportunity to engage in conversations about best practices, standards, and assessment across grade levels.  Our conversations and collaboration help all of us better prepare students for the next level.”

That next level of conversation and collaboration has been a major point of emphasis for teachers in LPS, and Winans’ role as teacher leader for the Masters in Historical Studies program at Nebraska Wesleyan University gives her more opportunities to share and learn.  While the curriculum of fourth-graders centers around Nebraska history, it’s the way the lesson plans are carried out that makes the difference.

According to Winans: “Teaching history has evolved beyond the traditional textbook-centered, teacher-centered approach to one in which students engage in the work of historians.  We have freed social studies instruction from a mire of memorization and impelled it into a place where authentic learning occurs.”

That enables Winans to better prepare her students for the next grade level and the next school level, and impacts them outside the social studies classroom.

 

Proposal
That the Lincoln Board of Education adopt the following resolution

WHEREAS, Sarah Winans has been honored as the 2013 Nebraska History Teacher of the Year by The Gilder Lehrman Institute of American History, and

WHEREAS, Winans has been recognized by her peers from across the country as an effective history teacher willing to allow for student creativity and self-learning, and

WHEREAS, Winans is a shining example of going beyond the textbook, and choosing to engage with students in a way that leads them to better understand the lessons they are learning, and

WHEREAS, Winans cultivates and values the atmosphere of collaboration among not just other fourth-grade teachers, but teachers of all levels, and,

WHEREAS, Winans creates opportunities for her students to understand the topic – and to develop learning skills that will last beyond their fourth-grade year.

NOW THEREFORE BE IT RESOLVED that the Lincoln Board of Education does hereby congratulate Sarah Winans for being named the 2013 Nebraska History Teacher of the Year.

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: 
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 – 3
             Re-Elections Same Assignment – 3
             Changes of Status – 5
             Leaves of Absence – 26
             Separations – 1
   b.  Substitute Certificated Employees:
             Elections – 33
             Changes of Status – 1
             Separations – 3
   c.  Classified Employees:
             Elections – 95
             Changes of Status – 3
             Separations – 40
   d.  Other:
             Workers' Compensation Lump Sum Settlements – 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 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 24, 2013, were previously provided.

       Insurance ACH Transfer of $2,008.88.

       Federal Tax ACH Deposit of $103,112.71.

       State Income Tax ACH Deposit of $635,259.89.

       Procurement Card ACH Transfer of $78,848.09.

       Office Depot ACH Transfer of $14,806.38.

       Retirement ACH Transfer of $3,937,875.21.

       Vendor ACH Transfer of $876.10.

b.    PAYROLL FOR RATIFICATION – Payroll for the period ending, September 16, 2013, in the amount of $330,301.70.

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 hydronic pumps for the Distribution Center; computer laptops for certificated staff; a webconferencing system; drainage improvements at Seacrest Field; an agreement for a student information system; an agreement for researching and preparing materials to assist in determining the effect of a ballot question; a contract with the Community Action Partnership of Lancaster and Saunders Counties; 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 24, 2013.

b.    Payroll for the period ending September 16, 2013.

c.    Gifts for Culler, Lincoln High, Northeast, Scott, and the district.

d.    Bids/contracts/other routine business for hydronic pumps for the Distribution Center; computer laptops for certificated staff; a webconferencing system; drainage improvements at Seacrest Field; an agreement for a student information system; an agreement for researching and preparing materials to assist in determining the effect of a ballot question; a contract with the Community Action Partnership of Lancaster and Saunders Counties; 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. 2013 Special Education Continuous Improvement Grant
Rationale:  This 2013-2014 Special Education Continuous Improvement (SE-CIP) Grant is aimed at Improving Learning for Children with Disabilities (ILCD).  The funds requested from the Nebraska Department of Education amount to $98,532.00. This is a continuing grant project.

Explanation
The purpose of the Collaborative Grant is to strengthen local school improvement efforts in the area of special education through the ILCD process. Targets of improvement include: increasing capacity of staff to improve the progress of students with disabilities resulting in increased graduation rates and academic performance on the district and state assessments. We will provide administrators, teachers, paras, and other staff with high quality professional development and ongoing coaching to improve training around data collection, data quality, data analysis as related to LPS performance on SPP and ILCD indicators which will result in improvement of the district performance on SPP targets per IDEA.  These trainings include:  Coaching, New Curriculum Training and Supports, Effective Service Delivery, Rule 51, Effective IEP’s and MDT’s, PBIS, MANDT, Cochlear Implants and Language Development, etc.

Proposal
That the Board approve submission of the Special Education Continuous Improvement Grant in the amount of $98,532.00, dependent on funding.   No matching funds required.

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
9.2. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. 2013-14 Lincoln Public Schools Property Tax Request
Rationale:  A hearing was held on September 10, 2013, as to 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 approve 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:
10.1.2. 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 approve Policy 3011.
Attachments:
10.1.3. 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. 

Board members reviewed this policy at their September 10 meeting.

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 approve the proposed changes to Policy 5112.
Attachments:
10.1.4. 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. 

Board members reviewed this policy at their September 10 meeting. 

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

Proposal
That the Board approve the proposed changes to Policy 5114.




Attachments:
10.1.5. 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. 

Board members reviewed the policy and regulation at their September 10 meeting.

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 approve the proposed Policy 5507 and Regulation 5507.1
Attachments:
10.2. From the Superintendent
10.2.1. 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 (Attachment One) 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 (Attachment Two) between LPS and SCC.
3.    An architect/engineer’s agreement (Attachment Three) with Bahr-Vermeer-Haecker (BVH) and Engineering Technologies, Inc. (ETI).
4.    An interim agreement (Attachment Four) agreeing to split the costs of the selected architect/engineering firm 50-50 with SCC.
Proposal
That the Board of Education approve the above listed interlocal agreement, the owner’s representative agreement, the architect/engineering agreement with Bahr-Vermeer-Haecker (BVH) and Engineering Technologies, Inc. (ETI), and agree to split the costs of the architectural/engineering firm 50-50 with SCC.  The Board, by approving this agenda item is:
(A)    Approving the (1) interlocal agreement, (2) owner’s representative agreement, and (3) architect/engineering agreement with Bahr-Vermeer-Haecker (BVH) and Engineering Technologies, Inc. (ETI), all in the form as presented or with such modifications as deemed appropriate and in the district’s best interest by the Associate Superintendent for Business Affairs or a designee; and
(B)    Agreeing to split the costs of the architectural/engineering firm 50-50 with SCC; and
(C)    Delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to negotiate final document working and to sign, execute, and deliver such documents, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to accomplish this motion and complete the transaction as contemplated hereby, for and on behalf of this school district.


Attachments:
10.2.2. Item(s) Removed from Consent Agenda
10.2.3. Expedited/Emergency Actions
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.1.1. LPS Early Childhood Program
Attachments:
11.2. From the Superintendent
11.2.1. Superintendent Update
11.2.2. 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 August 31, 2013, is attached.

Proposal
Information item; no Board action required.
Attachments:
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  Wednesday, October 2, Chamber Coffee at 8:00 a.m., Chamber Office

Thursday, October 3-6, CUBE Conference in San Antonio, TX

Tuesday, October 8, 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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