Public Meeting Agenda: June 11, 2019 at 6:00 PM - Board of Education Regular Meeting

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June 11, 2019 at 6:00 PM - Board of Education Regular Meeting Agenda

June 11, 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. 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
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

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


This report includes routine Human Resources changes:
   a.  Administrator Certificated Employees:
             Elections - 1
             Changes of Status - 1
             Separations - 2
   b.  Certificated Employees:
             Elections - 42
             Re-Elections Same Assignment - 6
             Re-Elections New Assignment - 1
             Changes of Status -  13
             Leaves of Absence - 7
             Separations - 7
   c.  Substitute Certificated Employees:
             Elections -  6
             Separations - 17
   d.  Classified Employees:
             Elections - 14
             Changes of Status - 4
             Separations - 51
   e.  Other:
             Employment of Family Members - 1
             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 the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

8.2. Routine Business
Rationale: 
At each meeting, the Board of Education is asked to approve certain items of routine business of the school district.

Explanation
The items included in routine business for this meeting are:

a.  REGULAR CLAIMS - Claims for the period ending June 11, 2019, were previously provided.

                Federal Tax ACH Deposit of $5,891,892.33.

                Procurement Card ACH Transfer of $124,086.16.

                Child Support ACH Transfer of $18,833.00.

                Vendor ACH Transfer of $160,619.54.

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending May 31, 2019, in the amount of $16,972,664.08.
 
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 personal finance and web design curriculum; tables for the Science Focus Program, paper products for all locations; payment for AP Exams; grant agreements for CLCs; software subscriptions and licensing; engineering services for field renovation to turf; easement authorization; 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 June 11, 2019.
 
b.  Payroll for the period ending May 31, 2019.
 
c.  Gifts for Eastridge.
 
d.  Bids/contracts/other routine business for the purchase of personal finance and web design curriculum; tables for the Science Focus Program, paper products for all locations; payment for AP Exams; grant agreements for CLCs; software subscriptions and licensing; engineering services for field renovation to turf; easement authorization; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
8.3. Option Enrollment Student Applications for 2019-20
Rationale: 

On March 26, 2019, the Board adopted a resolution to accept option enrollment students 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 417477 and 431832 (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. 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
9.2.1. Architecture and Engineering Services for New High School Concept Project #9631
Rationale: 
On April 11, 2019, LPS published a request for proposals (RFP Manual) seeking qualified architectural/engineering professional services firms to provide pre-bond schematic design services and, if a bond issue election was successful, post-bond design and construction administration services, all in connection with the New High School Concept Project.

Explanation
A total of five proposal responses were received from architectural and engineering firms for this project.  All proposals were considered and interviews were held with the firms and their primary consulting partners.

Proposals, responses, and interview presentations were considered on the criteria of:  (1) the ability of the proposing firm personnel to perform the project; (2) the character, integrity, reputation, judgment, experience, and efficiency of the proposing firm; (3)  the quality of performance of the proposing firm on previous projects; (4) the general capacity to perform the work; and (5) the financial resources to complete the project(s), including, but not limited to, confirmation of the ability to provide the required insurance and bonds.

Based on the process and criteria in the RFP manual and the factual findings of the staff, it is recommended that award be made to:

The Clark Enersen Partners, (Lincoln, Nebraska)

Architect and Engineering costs for the Project are not to exceed $450,000.00 prior to a successful bond vote.  A Complete copy of the RFP Manual, documents, and proposed contracts are available in the Purchasing Department.

Expenditures will be from the appropriate facilities funding source or other appropriate Funds.
 
Proposal
The Board, by approving this agenda item is:  (a) approving staff recommendations and selection of the listed design professionals for the Program, (b) approving the RFP Manual, its terms, and the contract documents which are a part thereof, (c) authorizing the Associate Superintendent for Business Affairs or a designee to proceed in accordance therewith according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and (d) authorizing and directing the Associate Superintendent for Business Affairs or a designee to complete such negotiations and to sign, execute and deliver such contracts or other transaction documents and make payments under such contracts as may be necessary to complete the transactions, and to implement and administer the same through the course of the Program and listed projects as contemplated thereby, for and on behalf of this school district.
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. Newly Annexed Property to the City of Lincoln
Rationale: 
The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted.  This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.

Explanation
The City of Lincoln has annexed a parcel of land, which automatically brings this property into the district of Lincoln Public Schools.  This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending:

Grandview Estates 2nd Addition, Annexation Ordinance #20786, for 2019-20 school year:  Wysong Elementary School, Moore Middle School, East High School.
 

Proposal
That the Board approve the proposed attendance area assignments of the newly annexed property.
 
Attachments:
10.2. From the Superintendent
10.2.1. Proposed Agreements with Administrators, Custodial Employees Association, Maintenance Employees Association, Nutrition Services Workers Association, Office Professionals Association, Para-Educator Employees Association, Technicians, and Transportation Employees Association
Rationale:  EXPLANATION:
The Lincoln Board of Education has recognized the Custodial Employees Association, the Maintenance Employees Association, the Nutrition Services Workers Association, the Lincoln Public Schools Association of Office Professionals, the Paraeducator Employees Association, and the Transportation Employees Association as the exclusive bargaining agents to negotiate salary, fringe benefits, and working conditions for members of the respective employee groups.  Mr. Robbie Seybert has negotiated with each employee group. Mr. Seybert has also met and conferred with the representatives from the Administrator and Technician groups.  Tentative agreements have been reached between Lincoln Public Schools and the respective employee groups for the 2019-20 and 2020-21 school years.

The proposed agreement for each employee group is as follows:

Administrators
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 2.80%.  A nine to eleven year addition to the service year stipend (included in total package).
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 2.83%.  A six to eight year addition to the service year stipend (included in total package).

Custodial Employees Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 3.07%.
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 3.05%.
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Custodians beginning in 2019-2020.
  • Proposed additional language regarding snow removal pay when the work is conducted outside of the Custodian's normal schedule.

Maintenance Employees Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 2.79%.
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 2.73%.

Nutrition Services Workers Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 3.73%.
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 3.67%.
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Nutrition Service workers beginning in 2019-2020.

Office Professionals Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 3.20%.  The service year stipend will increase by $.05 (included in total package).
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 2.97%.
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Office workers beginning in 2019-2020.

Paraeducator Employees Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 3.95%.  The service year stipend will increase by $.05 (included in total package).
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 3.51%.
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Paraeducators beginning in 2019-2020.

Technicians
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 2.88%.
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 2.90%.  A five to nine year addition to the service year stipend (included in total package).
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Technicians beginning in 2019-2020.
  • Modified language regarding usage of leave during school closure days.

Transportation Employees Association
  • The salary increase for 2019-2020 is 2.35% with a total package increase of 3.61%.  The service year stipend will increase by $.05 (included in total package).
  • The salary increase for 2020-2021 is 2.30% with a total package increase of 3.53%.
  • The High Deductible Health Plan (HDHP) will be an insurance option for all Transportation workers beginning in 2019-2020.
  • Modified language regarding usage of leave during school closure days.
  • Modified sick leave and pay schedules due to changing ERP system implementation.

Health insurance premiums will increase 4.99% in 2019-2020 and are estimated to increase by 4.99% in 2020-2021.  Editorial changes (leave, years, pay, etc.) were made in the agreements/salary schedules/handbooks.  These settlements are within the parameters set by the Board of Education.

Included in the total package increases for each employee group are all district costs including the district's contributions to health insurance, state retirement, and Social Security.

A complete copy of the proposed agreement/handbook for each of the eight employee groups is available for review at the office of the Associate Superintendent for Human Resources upon request.

PROPOSAL:
That the Board of Education ratify the proposed agreements with the Administrators, the Custodial Employees Association, the Maintenance Employees Association, the Nutrition Services Workers Association, the Office Professionals Association, the Paraeducator Employees Association, the Technicians, and the Transportation Employees Association for the 2019-20 and 2020-21 school years.
10.2.2. Proposed 2019-20 Pay Rates for Substitute and Miscellaneous Employees
Rationale:  EXPLANATION:
The Board of Education must approve all salary schedules/pay rates for the employees of Lincoln Public Schools.

Attached are the 2018-19 pay rates for substitute and miscellaneous employees and the proposed 2019-20 pay rates for such employees.

The recommended salary increases range from no increase to a 1.00 percent increase, depending on the employee group.  The determination of what salary to recommend is made in conjunction with the supervisor of that employee group and an assessment of the availability of candidates for the positions.

PROPOSAL:
That the Board of Education ratify the proposed pay rates for substitute and miscellaneous employees for the 2019-20 school year.
Attachments:
11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.2. From The Career Academy
13.3. From the Superintendent
13.3.1. Superintendent Update
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  June 12: Board Retreat, Hillcrest Country Club, 5 p.m.

June 13:
FLPS Board Meeting, TCA, 8:15 a.m.
Public Budget Forum, LPSDO, 5 p.m.

June 20:
Foundation Coffee, TCA, 9 a.m.

June 21:  Say What Communications Festival, LPSDO, 8:30 a.m.

June 25:
Board Work Session, LPSDO 4:30 p.m.
Board Meeting, LPSDO, 6 p.m.

June 27:  Public Budget Forum, North Star High School, 7 p.m.
15. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

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

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

Explanation

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

PROPOSAL:

That the Board hold a closed session:

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

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

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

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

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

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

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

17. ADJOURNMENT
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