Public Meeting Agenda: May 14, 2019 at 6:00 PM - Board of Education Regular Meeting

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May 14, 2019 at 6:00 PM - Board of Education Regular Meeting Agenda

May 14, 2019 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. PUBLIC HEARING ON STUDENT FEES POLICY 5520
Rationale:  Tonight we have a public hearing on student fees, policy 5520. Before I open the public hearing we will be begin with a brief review of student fees from staff. Dr. Larson will you please review student fee information?

[District Update - Dr. Matt Larson]

This is the public hearing on Lincoln Public Schools student fees policy 5520. I note that staff has recommended minor changes to current policy 5520 and I hereby open this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of Nebraska State statute 79-2125, 79-2135 and other Nebraska laws. The purpose of this hearing is to receive input regarding proposed policy 5520. The input received in this hearing will be taken into consideration by the Board, when we take action on proposed policy 5520.



Will the first person wishing to speak please come forward now?

[speakers]

Seeing no additional individuals wishing to speak I hereby close this public hearing. This concludes this public hearing on the Lincoln Public Schools student fees policy 5520.
 
6. APPROVAL OF MINUTES
Rationale:  The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.
Attachments:
7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
7.1. East High School Music Department - Awarded the Exemplary Program Award by the Nebraska Music Education Association
Rationale:  The Nebraska Music Education Association (NMEA) has recently honored the East High School Music Department with the Exemplary Program Award. East High School becomes one of only eight music departments, pre-K through grade 12, to win this statewide award since 2000. The purpose of this award is to recognize music programs and their communities that have maintained a long and distinguished tradition of excellence in music education.
Explanation:
In its final assessment, the NMEA said this about the East High School Music Department:


"Especially noteworthy is that the music faculty praised the teaching of their co-workers, repeatedly. The camaraderie among the staff was obvious...Excellence was obvious in every class we observed. Objectives were kept high and students strived to excel...Students loved the way the teachers allowed them to mentor other students. Upper classmen were mentors to incoming music students. This happened not only within specific classes, but was evident across the curriculum."

Lance Nielsen, supervisor of music for Lincoln Public Schools, said this about the honor:

"The East High Music Department lives its mission statement of ‘Excellence by Every Measure’ each and every day. The music educators are passionate teachers who motivate and inspire their students to excel in the creation and performance of music."
 
7.2. BackPack Extra Mile Recognition
Rationale:  Top Fundraising Schools:

Southeast High School

Culler Middle School

Maxey Elementary School
7.3. FLPS Update
8. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
  2. A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  3. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
  4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  5. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  6. If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  7. Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.
If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.
9. CONSENT AGENDA
Rationale: 
9.1. Human Resources Matters
Rationale: 
Explanation
The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers' Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

This report includes routine Human Resources changes:

   a.  Administrator Certificated Employees:
            Elections - 4
            Changes of Status - 1
  b.  Certificated Employees:
            Elections - 36
            Re-Elections Same Assignment - 9
            Re-Elections New Assignment - 4
            Changes of Status - 8
            Leaves of Absence - 25
            Separations - 21
   c.  Substitute Certificated Employees:
            Elections - 6
            Changes of Status - 1
            Separations - 20
   d.  Classified Employees:
            Elections - 32
            Changes of Status - 2
            Separations - 68
   e.  Other:
            Civic Leaves - 1
            Employment of Family Members - 3

Proposal:
That the Board approve the Human Resources items presented in the attachment(s).*

*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent's designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent's designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.
9.2. Routine Business
Rationale: 
At each meeting, the Board of Education is asked to approve certain items of routine business of the school district.
 
Explanation
The items included in routine business for this meeting are:

a.  REGULAR CLAIMS - Claims for the period ending May 14, 2019, were previously provided.

                Federal Tax ACH Deposit of $5,821,113.00.

                State Tax ACH Deposit of $879,267.96.

                Procurement Card ACH Transfer of $119,822.60.

                Child Support ACH Transfer of $19,387.59.

                Office Depot ACH Transfer of $45,827.82.

                Blue Cross/Blue Shield ACH Transfer of $5,162,851.89.

                Vendor ACH Transfer of $181,640.68.

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending April 30, 2019, in the amount of $16,790,489.22.
 
c.  GIFTS - Approval for the gifts listed on the attached gift report.
 
d.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for the purchase of Nutrition Services small equipment; cheer squad uniforms and accessories, elementary science kits; gym lighting replacement; a classroom renovation; a SEM renovation; the purchase of science equipment; curriculum subscriptions; the purchase of textbooks and classroom materials; 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 May 14, 2019.
 
b.  Payroll for the period ending April 30, 2019.
 
c.  Gifts for Riley, Southeast, Zeman, and the district.
 
d.  Bids/contracts/other routine business for the purchase of Nutrition Services small equipment; cheer squad uniforms and accessories, elementary science kits; gym lighting replacement; a classroom renovation; a SEM renovation; the purchase of science equipment; curriculum subscriptions; the purchase of textbooks and classroom materials; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
9.3. Option Enrollment Student Applications for 2018-19
Rationale: 

On February 13, 2018, the Board adopted a resolution to accept an option enrollment student for the 2018-19 school year.  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 applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 13, 2018.  Staff recommends approval of these application.  

Proposal   
That the Board adopt the following resolution:

WHEREAS, the students who have been assigned student numbers 291601, 293050, 293711 and 426959 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 13, 2018, with regard to such option students;

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

Attachments:
9.4. Option Enrollment Student Applications 2019-20
Rationale: 

On March 26, 2019, the Board adopted a resolution to accept an option enrollment student for the 2019-20 school year.  Applications for enrollment during the 2019-20 school year have been received and are in compliance with the Board resolution of March 26, 2019.      

Explanation
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of March 26, 2019.  Staff recommends approval of the applications.  

Proposal   
That the Board adopt the following resolution:

WHEREAS, the students who have been assigned student numbers 414495, 431484, 431483 and 431534 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of March 26, 2019, with regard to such option students;

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

Attachments:
9.5. Late Requests for Enrollment Option Out 2019-20
Rationale: 

March 15, 2019, 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, 2019, 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
431324                            Freeman
245764                            Palmyra
Proposal  

That the Board approve the requests for option out for the 2019-20 school year.
10. FIRST READING, ACTION AT NEXT MEETING
Rationale:  *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education  Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
10.1. From Board Committees
10.1.1. 2019-20 Transportation Plan
Rationale: 
Each spring a transportation plan is prepared for the following school year.  District policy 3710 is reviewed and recommendations for operational changes are solicited from individual school buildings and various departments.  Schedules are prepared and a summary of needs is balanced against staff and equipment available to the district.  Each year a review of all routes for the current year are reconsidered.

Explanation
The Lincoln Public Schools Transportation Department will transport only those students who qualify under provisions of state law, including:
  1. Elementary and Middle School students residing more than four (4) miles from the school in the attendance area within which they reside.
  2. Special Education students whose individual education plan (IEP) require transportation as essential to learning.
  3. Students who have been moved for the benefit of the district to relieve overcrowding, due to major facility renovations, efficiency in use of buildings and/or staff.
In addition, the Board, at its discretion, may approve other transportation areas based upon unique circumstances and for the purpose of equalizing school enrollments and facilitating programs.

Attached is a tentative listing of all routes recommended for the 2019-20 school year.

Proposal
That the Board discuss the 2019-20 Transportation Plan.
 
10.1.2. Policy 1114: Community Relations - Media Relations
Rationale: 
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.

Explanation:
The revision to Policy 1114 recognizes that the ever growing and changing media landscape makes it impossible for the Board to be committed to the use of "all news" media.  The revised language better reflects a reasonable requirement of the Board.  The mission of the LPS Communications Department is to tell the story of Lincoln Public Schools by strategically reaching out through a variety of print, broadcast, online, and other media sources.  
Attachments:
10.1.3. Policy 4825: Employee Fundraising
Rationale: 
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Explanation:
With the proliferation of fundraising opportunities, especially crowd funding sites on the Internet, it is much easier for employees to seek independent fundraising opportunities.  The adoption of Policy 4825 provides clear oversight of employee fundraising, which,  when aligned with other district fundraising policies, ensures that requests to the public for additional funds are aligned with the district’s strategic plan, curriculum, and policies.  By ensuring alignment between fundraising and district work, the Board can assure that funds sought by the district employees align with the work approved by the Board and shared with the public.
Attachments:
10.1.4. Policy 5520: Students - Student Fees
Rationale:  The Board of Education of Lincoln Public Schools annually reviews and approves Policy 5520 to ensure that its policy is in accordance with the Public Elementary and Secondary Student Fees Authorization Act.
The district’s general policy is to provide for the free instruction in school in accordance with the Nebraska Constitution and state and federal law.  This generally means that the district’s policy is to provide free instruction for courses that are required by state law or regulation and to provide the staff, facility, equipment, and materials necessary for such instruction without charge or fee to the students.
The district does provide activities, programs, and services to children that extend beyond the minimum level of constitutionally required free instruction. Students and their parents have historically contributed to the district’s efforts to provide such activities, programs, and services. The district’s general policy is to continue to encourage and to the extent permitted by law, to require such student and parent contributions to enhance the educational program provided by the district.
Explanation:
Revisions to Policy 5520 reflect changes to fees and the fee waiver eligibility to address changes in cost while remaining in compliance with all applicable laws.
 
Attachments:
10.1.5. Policy 8130: Board Operating Procedures - Committees
Rationale: 
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Explanation:
The revisions to Policy 8130 align the Board’s standing committees with the focus of the Board’s work.  The revision also aligns the Board’s leadership and organizational function in the formulation and adoption of written policies with the agenda focus of each standing committee.

 
Attachments:
10.2. From the Superintendent
10.2.1. Fresh Bakery Products #9637
Rationale: 
Proposals were requested from interested vendors to provide fresh bakery products for use by Nutrition Services for all locations.  The contract prices are for the period of July 1, 2019, through June 30, 2020.  There are 4 optional one-year renewal periods.

Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications, based on estimated annual expenditures:

Pan-O-Gold Baking Company (St. Cloud, Minnesota)                 $122,305.60
Bimbo Bakeries USA, Inc. (Omaha, Nebraska)                           $125,416.90
Rotella’s Italian Bakery (LaVista, Nebraska)                                $137,099.33

There were 6 items on the request for proposal.  Proposals and contracts are available in the Purchasing Department.

This will be an estimated annual expenditure of $122,305.60 from the Nutrition Services Fund.

Proposal
That the Board discuss this award to Pan-O-Gold Baking Company.  The Board, by approving these purchases with the above vendor, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.
10.2.2. Fresh Milk Products #9636
Rationale: 
Proposals were requested from interested vendors to provide fresh milk and dairy products for use by Nutrition Services for all locations.  The contract prices are for the period of July 1, 2019, through June 30, 2020.  There are 4 optional one-year renewal periods.
 

Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications, based on estimated annual expenditures:

Dean Foods North Central, LLC (Dallas, Texas)                         $837,627.13
Hiland Dairy Foods (Omaha, Nebraska)                                     $933,062.15
There were 15 items on the request for proposal.  Proposals and contracts are available in the Purchasing Department.

This will be an estimated annual expenditure of $837,627.13 from the Nutrition Services Fund.
 

Proposal
That the Board discuss this award to Dean Foods North Central, LLC.  The Board, by approving these purchases with the above vendor, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.
10.2.3. Shelf-Stable Foods #9610, Refrigerated & Frozen Foods #9614
Rationale: 
Bids were requested from interested vendors to provide shelf-stable foods, refrigerated, and frozen food products for use by Nutrition Services for all locations.  The contract prices are for the period of July 1, 2019, through June 30, 2020.  There are 2 optional one-year renewal periods.

Explanation
It is recommended that award be made to the lowest responsible vendors meeting specifications, based on estimated expenditures:

Bernard Food Industries, Inc. (Evanston, Illinois)                              15,514.90
Cash-Wa Distributing (Kearney, Nebraska)                                     156,977.54
Chinese Food Solutions Inc.
   dba Asian Food Solutions (Oviedo, Florida)                                 116,400.00
Kellogg’s Specialty Channels (Elmhurst, Illinois)                               49,106.00
MIC Foods (Miami, Florida)                                                                 2,950.00
Mrs. Clark’s Foods (Ankeny, Iowa)                                                  102,833.00
Nardone Brothers Baking Company (Hanover, Pennsylvania)        247,395.20
Reinhart Foodservice (Omaha, Nebraska)                                      707,787.90
Sysco Lincoln (Lincoln, Nebraska)                                                1,223,639.66
Tecumseh Poultry (Waverly, Nebraska)                                             39,600.00
TysonPrepared Foods Inc (Springdale Arkansas)                           233,011.35
US Foods dba Thompson Company (Grand Island, Nebraska)        85,414.75
Total                                                                          $2,980,630.30 (estimated)

There were 320 items on the bid.  Proposals and contracts are available in the Purchasing Department.

This will be an estimated annual expenditure of $2,980,630.30 from the Nutrition Services Fund.
 

Proposal
That the Board discuss this award to the above listed vendors.  The Board, by approving these purchases with the above vendors, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under these purchase orders.
11. SECOND READING, RECOMMENDED FOR ACTION
11.1. Evaluation and Proposed Compensation for the Superintendent of Schools
Rationale:  Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools.  The 2018-19 evaluation of Steve Joel, Superintendent, is complete and being recommended for approval to be placed in his personnel file, and his contract is being recommended for extension and compensation increase. The public summary of the Superintendent’s evaluation and the proposed contract for consideration are attached.
Explanation:
It is recommended that the evaluation summary be presented and that the current contract for the Superintendent be amended as attached.
 
Attachments:
11.2. From Board Committees
11.2.1. Policy 8230: Board Operating Procedures - Opportunities for Development
Rationale: 
Lincoln Public Schools reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the district.
Explanation:

The revision to Policy 8230 places a spending limit on Board member professional development opportunities not to exceed $1,000.00.  It provides direction for obtaining approval of staff development opportunities that may exceed the authorized amount.
Attachments:
11.3. From the Superintendent
11.3.1. Proposed Contracts with the Associate Superintendents for Instruction, Business Affairs, and Human Resources and the Assistant Superintendent for General Administration and Governmental Relations
Rationale: 
Explanation:
Annually, the Board of Education reviews the contracts of the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.

It is recommended that the proposed two-year contract for each of the three Associate Superintendents and the Assistant Superintendent be amended and extended for one year to June 30, 2021.  It is also recommended that a total salary increase of 2.06 percent, overall total package increase of 2.26 percent, be approved for this group for 2019-20.  Each contract is within the parameters set by the Board of Education.

Included in the total package increase for each of the three Associate Superintendents and the Assistant Superintendent are additional district costs including the district’s contributions to health insurance, state retirement, and Social Security.

The proposed contracts are attached.
 
Proposal:
That the Board of Education ratify the recommended one-year contract extensions and total salary increases of 2.06 percent (overall total package compensation increases of 2.26 percent) for the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.
11.3.2. Title VI, Indian Education Program
Rationale: 

The U.S. Department of Education through Title VI of the Every Student Succeeds Act (ESSA) provides funds to fulfill the federal government’s responsibility to the Indian people for the education of Indian children. These funds support the goal of ensuring programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs but also the unique educational and culturally related academic needs of these children.

Lincoln Public Schools has received federal funds for services for Native American students since the mid-1980’s.  The following table reflects an annual student count and the grant award amount received in recent years.  Grant award amounts vary by year according to the total amount of Indian Education funds available at the federal level and are not based only on the number of students per program.  

School Year Student Number Amount Awarded
2013-14 568 $137,006
2014-15 553 $133,660
2015-16 606 $148,737
2016-17 611 $146,179
2017-18 585 $138,292
2018-18 572 $151,709
2019-20 *526 $139,941

*Indicates count from December 2018 submitted with current grant request.

Explanation
Lincoln Public Schools Indian Education program will provide support to Native American students in grades PK-12 in the 2019-20 school year. Native American students are enrolled in all schools across the district representing about 60 tribes as designated by the parent. Estimated funding from Title VI for 2019-20 is $139,941, based on the December student count. Decisions regarding the use of these funds are made in consultation with the Native American Advisory Committee.  This grant application has a submission date of May 16, 2019.
 

11.3.3. Kloefkorn Roofing Repair Project
Rationale: 
Bids were requested from interested vendors for the Roofing Repair Project at Kloefkorn Elementary School.  The project includes the installation and repair of a thermal and moisture protection roofing.
 
Explanation
It is recommended that award be confirmed to the lowest responsible bidder meeting specifications:

Sprague Roofing Co. (Lincoln, Nebraska)                                $1,062,000.00

There was one other bidder.
Weathercraft Company (Lincoln, Nebraska)                             $1,110,893.00

A complete bid tabulation is available in the Purchasing Department.

After bid opening, LPS worked with the low bidder to reduce the scope of work to be performed.

This will be a total expenditure of $521,500.00 from the Insurance Fund.
 
Proposal
That the Board approve this award to Sprague Roofing Co.

The Board, by approving this agreement with Sprague Roofing, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, 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 administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.
11.3.4. Wheelchair School Buses #9579
Rationale: 
Proposals were requested from interested vendors to purchase seven wheelchair school buses with 3-point safety belts for use by the Transportation Department.  The buses will be an addition to the fleet.  Cost includes radios.

Explanation
It is recommended that award for six buses be made to (cost listed is for one bus):

Cornhusker International Trucking (Lincoln, Nebraska)                 $116,620.00

There was one other proposal:
Nebraska Central Equipment (Alda, Nebraska)                             $117,821.00

The proposals contained a gasoline alternate.  One alternate will be awarded.

Nebraska Central Equipment (Alda, Nebraska)                              $98,926.00

A complete proposal tabulation is available in the Purchasing Department.

This will be an expenditure of $798,646.00 from the Depreciation Fund.
 

Proposal
That the Board approve this award to Cornhusker International Trucking for six buses and an award to Nebraska Central Equipment for one gasoline bus.

The Board, by approving this agenda item, is approving the purchase orders and purchases from Cornhusker International Trucking and Nebraska Central Equipment according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Director of Transportation or a designee, and the Board is hereby delegating to and authorizing the Director of Transportation or a designee to take possession of the property and to sign, execute, and deliver all necessary contract documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete, administer and implement the  stated purchase order and the purchase transaction as contemplated thereby, for and on behalf of this school district.
12. EXPEDITED/EMERGENCY ACTIONS
13. ITEM(S) REMOVED FROM CONSENT AGENDA
14. INFORMATIONAL ITEMS/REPORTS
14.1. From Board Committees
14.2. From The Career Academy
14.3. From the Superintendent
14.3.1. Superintendent Update
15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  May 15:
GNSA Meeting, NCSA, 9:30 am
LNE Homebuilding Project, 6910 Garland Street, 4:00 pm

May 17: Yankee Hill Graduation, Yankee Hill, 9:00 am

May 20:
Board Organizational Meeting, LPSDO, 5:30 pm
Voice Graduation Ceremony, Bryan Plaza, 6:30 pm

May 23:  Last day of school
Bryan Community Focus Program Graduation, East High, 7:00 pm

May 26:
LNS Graduation, PBA, 12:00 pm
EH Graduation, Devaney Center, 1:30 pm
LHS Graduation, PBA, 3:00 pm
LSE Graduation, Devaney Center, 4:30 pm
LSW Graduation, PBA, 6:00 pm
LNE Graduation, Devaney Center, 7:30 pm

May 27: Holiday

May 28:
Equity in Action Institute, LSW, Session 1 @ 8:00 am, Session 2 @ 12:30 pm
Board Meeting, LPSDO, 6:00 pm


 
16. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
  2. A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
  3. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
  4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  5. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
  6. If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
  7. Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.
If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.
17. REQUEST FOR CLOSED SESSION
Rationale: 
The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.

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

17.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:  The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

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

PROPOSAL:

That the Board hold a closed session:

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

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

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

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

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

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

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

18. ADJOURNMENT
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