Public Meeting Agenda: August 26, 2014 at 6:00 PM - Board of Education Regular Meeting

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August 26, 2014 at 6:00 PM - Board of Education Regular Meeting Agenda

August 26, 2014 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
7. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.
8. CONSENT AGENDA
Rationale: 
8.1. Human Resources Matters
Rationale:  The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

Explanation

This report includes routine Human Resources changes:
   a.  Certificated Employees:
             Elections – 17
             Re-Elections Same Assignment – 2
             Re-Elections New Assignment – 4
             Changes of Status – 16
             Leaves of Absence – 22
             Separations – 2
   b.  Substitute Certificated Employees:
             Elections – 8
             Separations – 8
   c.  Classified Employees:
             Elections – 129
             Changes of Status – 21
             Leaves of Absence – 2
             Separations – 45
   d.  Other:
             Workers' Compensation Lump Sum Settlements – 3
   e.  Approval of recommended adjustment to pay rate for written interpreters.

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 August 26, 2014, were previously provided.                 

Federal Tax ACH Deposit of $33,841.46.                

State Tax ACH Deposit of $656,207.54.                

Procurement Card ACH Transfer of $109,938.99.                

Office Depot ACH Transfer of $28,904.12.                

Retirement ACH Transfer of $3,973,172.16.                

Vendor ACH Transfer of $7,691.81. 

b.  PAYROLL FOR RATIFICATION – Payroll for the periods ending August 8 and August 15, 2014, in the amount of $123,654.91. 

c.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for concrete improvements at the Data Center parking lot; Type A school buses for use by the Transportation Department; the purchase of Aruba Airwave network management software licenses; the purchase and installation of the Sentinel Alert System in Culler Middle School classrooms; the purchase of replacement computers for school offices; the purchase of Macbook Air computers for school administrators; the purchase of core fiber network switch equipment; the purchase of hardware, software, and services to deliver HDTV content, network DVR functionality, and digital signage to schools; an agreement to provide mental health services to students enrolled in North Star High School; an agreement to provide two recycling sites at East High School and North Star High School; an agreement to provide snacks for the Family Service After School Program; the auction of district surplus inventory; 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 August 26, 2014.  

b.  Payroll for the periods ending August 8 and August 15, 2014.  

c.  Bids/contracts/other routine business for concrete improvements at the Data Center parking lot; Type A school buses for use by the Transportation Department; the purchase of Aruba Airwave network management software licenses; the purchase and installation of the Sentinel Alert System in Culler Middle School classrooms; the purchase of replacement computers for school offices; the purchase of Macbook Air computers for school administrators; the purchase of core fiber network switch equipment; the purchase of hardware, software, and services to deliver HDTV content, network DVR functionality, and digital signage to schools; an agreement to provide mental health services to students enrolled in North Star High School; an agreement to provide two recycling sites at East High School and North Star High School; an agreement to provide snacks for the Family Service After School Program; the auction of district surplus inventory; and any other bids/contracts/routine business as presented.

Attachments:
8.3. Option Enrollment Student Applications For 2014-15
Rationale:  On February 25, 2014, the Board adopted a resolution to accept option students for the 2014-15 school year.  Applications have been received from students requesting that they be accepted as option students for the 2014-15 school year.  Staff recommends that the students referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 25, 2014.      

Explanation
Staff has examined the applications of the students included in this proposal.  The students meet one of the criteria set forth by the Board in its resolution of February 25, 2014.  Staff recommends approval of these applications. 

Proposal

That the Board adopt the following resolution:  

WHEREAS the students who have been assigned student numbers 200150, 232007 and 299302 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 25, 2014, 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:
8.4. Late Request for Enrollment Option Out 2014-15
Rationale:  March 15, 2014, 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 2014-15 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 Lincoln Public Schools District and wish to attend school outside of the Lincoln Public Schools District have been received after the March 15, 2014, deadline.  The Lincoln Public Schools Board of Education may deny or approve these requests.  If these requests are approved by the Board of Education, they will be forwarded to the option school district for their approval.    
           
Student Number     Option District                     Student Number     Option District             266106                      Raymond                              248631                      Malcolm            
400893                      Norris                                   400861                      Norris             400862                      Norris                                                                                      

Proposal
  
That the Board approves these requests for option out for the 2014-15 school year.   
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
9.1.1. Policy 3770 - Safe Pupil Transportation Plan
Rationale: 
NDE Rule 91 was amended effective November 2012 to add the following to the required contents of a safe pupil transportation plan: “006.02AB Driver procedures in the event that the drop-off location is uncertain or appears unsafe to leave students.”

Explanation
The revised Policy 3770 adds provisions to meet this requirement.

Proposal
The Board discuss revisions to Policy 3770.

Attachments:
9.1.2. Policy 5122 - Student Transfers (Elementary/Secondary)
Rationale: 
District transfer policy permits patrons a choice of selecting an attendance center outside of their designated area, if that attendance center is not closed. Schools or grades in schools may be designated as closed to student transfers due to enrollment. Student transfers to schools designated as closed to intra-District transfer due to enrollment may be permitted for the purpose of a families’ continuous enrollment at the same school.

Explanation
The change in Policy 5122 allows for a student to transfer to an attendance center that is closed if the sibling is attending the school at the time of the transfer request rather than attending for the following year.

Proposal
The Board discuss Policy 5122.

 

Attachments:
9.1.3. Policy 6283 - Return to Learn
Rationale: 

LB 923 amended the concussion statutes (71-9103 to 71-9106) to add the requirement that schools: “Establish a return to learn protocol for students that have sustained a concussion. The return to learn informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered.”

Explanation
The revised Policy 6283 adds provisions to meet this requirement, including incorporating the Nebraska Department of Education’s concussion protocol materials.

Proposal
The Board discuss revisions to Policy 6283.

 

Attachments:
9.1.4. Policy 8130 - Board Committees
Rationale: 
The Board utilizes several committees as part of their responsibility as a policy-forming and legislative body to hold the district staff accountable for achieving the schools’ mission. Committees are formed and disbanded to meet the ever-changing needs of the District.

Explanation
Revisions in Policy 8130 have been made so that it reflects the organizational structure of the current Board committees.

Proposal        
The Board discuss revisions to Policy 8130.                                                                                                                                                                                                                                                                                                                                                                            

 

Attachments:
9.1.5. Policy 8410 - Public Notification
Rationale: 
The function of the regular meetings of the Lincoln Board of Education is to conduct the business of the Lincoln Public School District. The Board encourages public awareness of, attendance at, and participation in, when appropriate, the Board business. To this end, the Board has established a policy on the notification of the public for regular Board meetings.

Explanation
The addition of the Omaha World-Herald as an optional means of public notice provides greater flexibility in the meeting the publication deadlines that would ensure that notices are available to the public.

Proposal
The Board discuss revisions to Policy 8410.

Attachments:
9.2. From the Superintendent
9.2.1. Proposed Agreement with Paraeducators
Rationale: 

The Lincoln Board of Education has recognized the Lincoln Paraeducator Association as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of the employee group.  Mr. Ken Babcock has negotiated with the employee group and tentative agreement has been reached between Lincoln Public Schools and the Lincoln Paraeducator Association for the 2014-15 school year.

Explanation:
The proposed agreement for the Lincoln Paraeducator Association calls for a 3.95 percent total package increase for 2014-15.  The settlement is within the parameters set by the Board of Education.

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


Proposal:
That the Board of Education consider and discuss the proposed agreement with the Lincoln Paraeducator Association for the 2014-15 school year.

10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.1.1. 2014-15 Lincoln Public Schools Budget Adoption
Rationale: 

The Board of Education held a public hearing on the 2014-15 budget on August 12, 2014.      

Explanation
Staff recommends that the Board review the revised budget statement (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, and 79-10,110 R.R.S. Neb., and other Nebraska laws.

RESOLVED by the Board of Education of Lancaster County School District 001:

That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2014, and ending August 31, 2015, namely:  

$186,126,431  -  To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund. 

$27,455,544  -  To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund. 

$6,219,514  -  To provide for environmental hazard abatement and accessibility barrier elimination projects; to provide for Qualified Zone Academy Bond projects; to provide for American Recovery and Reinvestment Act of 2009 Academy Bond projects; and to provide for building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention; further known as the Qualified Capital Purpose Undertaking Fund.

That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $219,801,489, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected. 

That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2014, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb.  

That the 2014-15 budget as presented, and revised, and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted. 

That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2014-15 fiscal year adopted budget and budget statement hereby approved. 

That in accordance with Section 79-10,110 R.R.S. Neb. and other Nebraska laws, the Board has made a determination that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, or that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds of the Lincoln Public Schools and that approval of the budget and this resolution shall constitute: (a) establishment of the qualified capital purpose undertaking fund and accounts by the Board; (b) a determination by the Board that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds under its control; (c) Board ratification of the accompanying itemized estimate of the amounts necessary to be expended for such matters, such estimate having been approved by the Board on August 9, 2005, June 23, 2009, and June 8, 2010; (d) Board approval and designation of the particular projects for which the tax levy will be expended, and as known or appropriate, the relevant period of years (not to exceed ten) for which the tax will be levied for such projects, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (e) Board approval of any listed undertaking for any qualified capital purpose in any qualified zone academy under its control and the tax levy to repay any qualified zone academy bond issued for such undertaking, and designation of the particular qualified capital purpose for which the qualified zone academy bonds were or are to be issued and for which the tax levy will be expended, and as known or appropriate, the relevant the period of years (not to exceed fifteen) for which the taxes will be levied, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (f) Board designation of more than one project or qualified capital purpose in any qualified zone academy, and approval of the tax levy for each such project or qualified capital purpose, concurrently or consecutively, as the case may be, the aggregate levy of which in each year and the duration of each such levy shall not exceed the limitations as specified in § 79-10,110, and other laws; (g) Board approval of any listed undertaking for the construction of a new public school facility or the acquisition of land on which such a facility is to be constructed or any expansion, rehabilitation, modernization, renovation, or repair of any existing school facilities under its control and the levy of a tax to repay any American Recovery and Reinvestment Act of 2009 bond and Board designation of the particular project or projects for which the bond has been or will be issued and for which the tax levy provided will be expended and the period of years for which the tax will be levied to repay such bond not exceeding the maximum term of thirty years for Build America and/or qualified school construction bonds and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of such period and Board ratification and approval of the accompanying itemized estimate of the amounts necessary to be expended for such project or projects; (h) Board approval that the levy may be imposed for such duration as the Board specifies, notwithstanding the contemporaneous existence or subsequent imposition of any other levy for another project, qualified capital purpose, qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose imposed, up to the limit specified in§ 79-10,110, and other laws, and notwithstanding the subsequent issuance by the district of bonded indebtedness, if any is permitted, payable from its general fund levy or otherwise; and (i) Board establishment and approval to maintain with submission of the itemized estimate, an environmental hazard abatement and accessibility barrier elimination project account, a life safety code modification project account, an indoor air quality project account, a mold abatement and prevention project account, and a qualified capital purpose undertaking or other such sub-accounts, within the qualified capital purpose undertaking fund, so that taxes collected shall be credited to the appropriate account to cover project or undertaking costs and so that such estimates may be presented to the county clerk and taxes levied accordingly (Attachment Two). 

That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2014, the approved itemized estimates of the amounts necessary to be expended for the abatement of environmental hazards, for accessibility barrier elimination, and for modifications for life safety code violations, indoor air quality, or mold abatement and prevention in the school buildings or grounds of the Lincoln Public Schools and for any necessary or required qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose as provided by § 79-10,110 and other laws.     

That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2014-15 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a “blended component unit” of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or his designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.      

Proposal
That the Board approve the 2014-15 budget statement, itemized estimate, and resolution, as revised.   

Attachments:
10.1.2. 2014-15 Insurance Rates
Rationale: 

For 19 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program.  The advantages of self-insurance are:  1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, 5) LPS staff and legal counsel are involved in claims from the beginning.  The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district to be over one million dollars per year in premium costs alone.

Explanation
Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage, Boiler and Machinery insurance, and the third party claims handling service for property/liability through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm.

Proposal
That the Board approve the recommended 2014-15 insurance rates.

Attachments:
10.2. From the Superintendent
10.2.1. Item(s) Removed from Consent Agenda
10.2.2. Expedited/Emergency Actions
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.1.1. Summer School Update 2014
Rationale:  Annual review of the summer school outcomes for students in grades K-12.      

Explanation  
The District continues to enhance summer school programs in order to provide multiple opportunities for success across the district.  Lincoln Public Schools seeks to offer high quality summer programming options to allow for course credit acquisition and continued skills reinforcement for students at all levels.   Staff will be present to provide additional information about specific summer school programs.      

Proposal   
This is an informational report; no Board action is required. 
Attachments:
11.2. From The Career Academy
11.3. From the Superintendent
11.3.1. Superintendent Update
11.3.2. 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 July 31, 2014, is attached.

Proposal
Information item; no Board action required.  
Attachments:
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  Friday, August 29, LPS 5th Grade to Saltdogs Game, 11:00 am, Haymarket Park
Wednesday, September 3, Chamber Coffee, 8:00 am, Chamber Office
Tuesday, September 9, Board Meeting, 6:00 pm, LPSDO
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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