Public Meeting Agenda: June 25, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting

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June 25, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting Agenda

June 25, 2019 at 6:00 PM - Board of Education ESU 18 Regular Meeting
1. ESU 18 BOARD OF EDUCATION INFORMATION
Rationale: 

Notice of the time and place of the Educational Service Unit 18 Board 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 Educational Service Unit 18 Board 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 Educational Service Unit 18 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. The Educational Service Unit 18 Board 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
Attachments:
6. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • 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.
  • 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.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • 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.
  • 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.
  • Persons speaking to the Board during public comment may hand out printed materials 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 or become abusive in language or behavior, the Chair may declare that person 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.
7. CONSENT
7.1. Routine Business
Rationale: 
At some meetings, the Board is asked to approve certain items of routine business of the ESU.

Explanation
The items included in routine business for this meeting are:
  • BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Interlocal agreements will be presented for the Southeast Nebraska Regional Program with NDE and multiple Nebraska school districts.
 
Proposal
That the Board approve the following items of routine business:

Interlocal agreements will be presented for approval for the Southeast Nebraska Regional Program with NDE and multiple Nebraska school districts.


That the Board is approving routine business and the listed bids and contracts with the information and in the form as presented, and except as to amount bid or total contract price, in such other form as may be approved by the Associate Superintendent for Business Affairs, or his designee, and that the Board hereby authorizes the Associate Superintendent for Business Affairs, or his designee, 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 the transaction as contemplated, for and on behalf of this ESU.
Attachments:
8. FIRST READING, ACTION AT NEXT MEETING
9. SECOND READING, RECOMMENDED FOR ACTION
9.1. From Board Committees
9.1.1. Policy 3610 - Purchasing
Rationale: 
The Associate Superintendent for Business Affairs is authorized to sign contracts and agreements for the unit.  The workflow process is currently managed through paper documents in folders for signature.  Contracts and agreements at all funding thresholds are routed through the hard copy paper process.  All contracts and agreements are vetted to ensure that the appropriate administrator has approved the activity and budget authority is available for any cost.  Contracts and agreements in excess of $25,000 are approved by the Unit Board.

Explanation
In an effort to create efficiency, revisions in Policy 3610 would assist with the workflow process being developed for the new Enterprise Resource Data Program (ERP) by granting the position of Director of Purchasing or designee the authority to sign contracts under $5,000.  Establishing a threshold for approval in the Purchasing Department would allow workflow to be processed more effectively and ensure appropriate staff verify the activity.

Proposal
That the Board approve revisions to Policy 3610.
Attachments:
9.1.2. Policy 8121 - President and Vice President
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.

Explanation
The revisions included in Policy 8121 have been made to put into policy current Board practice in terms of the Board President’s duties.  Revisions have also been made to bring consistency in policy language by replacing outdated verbiage.

Proposal
That the Board approve revisions to Policy 8121.
Attachments:
9.1.3. Policy 8123 - Secretary
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.

Explanation
The revisions to Policy 8123 removes unnecessary language and provides clarity.  It provides for the Board Treasurer to receive notice, rather than the Board Secretary (currently designated to the Superintendent), when notice is given.

Proposal
That the Board approve revisions to Policy 8123.
Attachments:
9.1.4. Policy 8130 - Committees
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.

Explanation
The revisions to Policy 8130 removes unnecessary verbiage and updates the policy language to reflect current Board Practice.  It replaces the listing of Committees of the Whole and instead references their function.

Proposal
That the Board approve revisions to Policy 8130.
Attachments:
9.1.5. Policy 8230:  Board Operating Procedures - Opportunities for Development
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.
 
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.
 
Proposal
That the Board approve revisions to Policy 8230.
9.1.6. Policy 8400 - Meetings
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.

Explanation
The revisions to Policy 8400 clarifies when the Board may hold a closed meeting session.

Proposal
That the Board approve revisions to Policy 8400.
Attachments:
9.1.7. Policy 8460 - Annual Organizational Meeting
Rationale: 
Educational Service Unit No. 18 reviews policies on an on-going basis and updates policies to ensure that they accurately reflect the ever-changing work of the unit.

Explanation
The revisions to Policy 8460 provide clarity in the procedures for election of officers and other business to take place at the annual organizational meeting of the Board.  It designates the Board’s legal counsel as the Acting Chair for the election of President, clarifies the procedure for electing the Secretary and Treasurer, and builds into policy the manner in which motions for the election of officers should be made.

Proposal
That the Board approve revisions to Policy 8460.
Attachments:
9.2. From the Superintendent
9.2.1. Interlocal Agreement with Lancaster County for Educational Services to the Youth Services Center #9657
Rationale: 
It is recommended that an Agreement be entered into between Educational Service Unit No. 18 (ESU 18) and the County of Lancaster, Nebraska to provide educational services to youth detained at the Lancaster County Youth Services Center.

The term of the Agreement will be August 1, 2019, through July 31, 2020.

ESU through its staff as assigned by the ESU 18 Administrator or through staff of Lincoln Public Schools (LPS) as assigned by the LPS Superintendent or a designee to perform ESU 18 services, shall provide a certificated administrator and certified teachers to teach under the laws of the State of Nebraska and other assigned support staff.

The County agrees that the Youth Services Center shall provide appropriate space, time, and reasonable staff support to assist ESU 18 in performance of the educational services to be provided in the agreement.
 

Explanation
The County agrees to reimburse ESU 18 for all expenses incurred in providing such services pursuant to the agreement; provided, however, that the amount of such reimbursements shall not exceed $799,344.00.

A complete copy of the proposed Agreement is available with ESU 18 and in the LPS Purchasing Department.
 

Proposal
The ESU 18 Board, by approving the Agreement as presented, or with such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or the ESU #18 Administrator, or a designee, is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or the ESU 18 Administrator, or a designee in conjunction with other staff, to sign, execute, and deliver the Agreement and all such other documents, and to receive all contract payments, designate or act as the program administrator, and to take or cause to be taken any and all other action as may be necessary to complete the transaction, and to administer, operate, terminate, and/or implement the Agreement on a day to day basis during its term as contemplated thereby, for and on behalf of this educational service unit.
9.2.2. Agreement with Nebraska Department of Educaiton for Southeast Nebraska Regional Program for Hearing Impaired Students #9719
Rationale: 
It is recommended that an agreement be entered into between ESU 18 and the Nebraska Department of Education (NDE) to plan, coordinate, and provide network enrichment activities for children who are deaf and hard of hearing in the ESU 4, ESU 5, ESU 6, and ESU 18 geographical areas.  The term of the agreement is from July 1, 2019, through June 30, 2021.  This is a continuing agreement with NDE.
 

Explanation
The NDE agrees to pay ESU 18 up to $317,221.00 each year for providing this service.

A complete copy of the proposed agreement is available in the Purchasing Department.
 
Proposal
The Board, by approving this agreement with the Nebraska Department of Education, hereby designates the Director of Special Education or another person as selected by the ESU 18 Administrator or a designee from time to time as its program administrator under this agreement.

 
10. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
  • 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.
  • 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.
  • Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
  • 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.
  • 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.
  • Persons speaking to the Board during public comment may hand out printed materials 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 or become abusive in language or behavior, the Chair may declare that person 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.
11. 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.

11.1. 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.

12. ADJOURNMENT
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